Definitions

1  In this regulation:

"Act" means the Environmental Management Act;

"agency" means a corporation appointed by a producer to act as an agent on behalf of the producer;

"approved plan" means a product stewardship plan approved under section 5 [approval of product stewardship plan];

"collection facility" means

(a) in respect of a product within the beverage container product category,

(i)  a container redemption facility, as defined in Schedule 1 [Beverage Container Product Category], or

(ii)  a retailer whose premises are not identified in an approved plan,

(b) in respect of a product within the

(i)  solvent and flammable liquids product category,

(ii)  pesticide product category,

(iii)  gasoline product category,

(iv)  pharmaceutical product category,

(v)  lubricating oil product category,

(vi)  oil filter product category, or

(vii)  paint product category,

a return collection facility, as defined in the Hazardous Waste Regulation, B.C. Reg. 63/88, or

(c) in respect of a product within the empty oil container product category, electronic and electrical product category or tire product category, a collection facility established by the producer;

"producer" means

(a) in respect of the producer of a product within the beverage container product category, the producer as determined under section 2 [producers] of Schedule 1 [Beverage Container Product Category],

(a.1) in respect of the producer of a product within the tire product category, a person who

(i)  sells, offers for sale or distributes a new tire product in British Columbia,

(ii)  is the owner or licensee of a trademark under which a tire product is sold or distributed in British Columbia, whether or not the trademark is registered, or

(iii)  imports the tire product into British Columbia for sale or distribution, or

(b) in respect of the producer of a product within a product category other than the beverage container product category or the tire product category,

(i)  a person who manufactures the product and sells, offers for sale or distributes the product in British Columbia under the manufacturer's own brand,

(ii)  if subparagraph (i) does not apply, a person who is not the manufacturer of the product but is the owner or licensee of a trademark under which a product is sold or distributed in British Columbia, whether or not the trademark is registered, or

(iii)  if subparagraphs (i) and (ii) do not apply, a person who imports the product into British Columbia for sale, distribution or use in a commercial enterprise;

"product" means an item within a product category;

"product category" means any of the following categories described in the Schedules:

(a) beverage container product category;

(b) solvent and flammable liquids product category;

(c) pesticide product category;

(d) gasoline product category;

(e) pharmaceutical product category;

(f) lubricating oil product category;

(g) empty oil container product category;

(h) oil filter product category;

(i) paint product category;

(j) electronic and electrical product category;

(k) tire product category;

"recovery rate" means the amount of product collected divided by the amount of product generated, expressed as a percentage;

"residual" means the portion of a product that remains after the consumer of the product has no further use for it;

"retailer" means a person who sells or offers for sale a product to a consumer.

[am. B.C. Regs. 23/2006, s. 1; 65/2006, s. 1; 297/2006, ss. 1 and 2; 374/2008, s. 1; 296/2009, s. 1.]

 Duty of producer

2  (1)  A producer must

(a) have an approved plan under Part 2 [Product Stewardship Plans] and comply with the approved plan, or

(b) comply with Part 3 [Product Stewardship Program Requirements if No Product Stewardship Plan]

with respect to a product in order to sell, offer for sale or distribute the product in British Columbia.

(2)  If a producer appoints an agency to carry out duties of the producer under Part 2 on behalf of the producer, the producer, before the agency begins to carry out those duties, must notify the agency in writing of the appointment, specifying the duties under Part 2 that the agency will perform on behalf of the producer.

(3)  Before an agency begins to carry out duties on behalf of a producer, the agency must

(a) confirm in writing to a director the duties under Part 2 that the agency will perform on behalf of each producer that has joined the agency, and

(b) comply with Part 2 in respect of the duties referred to in paragraph (a).

(4)  On the request of a director, an agency must provide the director with either or both of the following:

(a) a list of producers the agency currently represents;

(b) a copy of any notification the agency received under subsection (2) (a).

[am. B.C. Reg. 296/2009, s. 3.]

 Application

3  This Part applies to a producer

(a) that sells, offers for sale or distributes a product within the beverage container product category,

(b) that wishes to be covered by this Part in respect of a product category, other than the beverage container product category, of a product that the producer sells, offers for sale or distributes, or

(c) that is required under section 3.1 to comply with this Part in respect of a product category.

[am. B.C. Reg. 23/2006, s. 2.]

 Requirement to comply with this Part

3.1  A director may require a producer to comply with this Part, on and after a date specified by the director, in respect of a product category specified by the director if, in the opinion of the director, the producer does not primarily sell, offer for sale or distribute the products that it produces in the product category from the producer's retail premises in British Columbia or through another retailer's premises in British Columbia.

[en. B.C. Reg. 23/2006, s. 3.]

Requirement to comply with this Part

3.1   A director may require a producer to comply with this Part, on and after a date specified by the director, in respect of a product category specified by the director if, in the opinion of the director, the producer does not primarily sell, offer for sale, distribute or use in a commercial enterprise the products that it produces in the product category from the producer's retail premises in British Columbia or through another retailer's premises in British Columbia.

[en. B.C. Reg. 23/2006, s. 3; am. B.C. Reg. 88/2011, Sch. s. 4.]

Requirement to comply with this Part

3.1   A director may require a producer, other than a small producer in respect of the sale, offer for sale, distribution or use in a commercial enterprise of a product within the packaging and printed paper product category, to comply with this Part, on and after a date specified by the director, in respect of a product category specified by the director if, in the opinion of the director, the producer does not primarily sell, offer for sale, distribute or use in a commercial enterprise the products that it produces in the product category from the producer's retail premises in British Columbia or through another retailer's premises in British Columbia.

[en. B.C. Reg. 23/2006, s. 3; am. B.C. Regs. 88/2011, Sch. s. 4; 88/2014, s. 4.]

 Submission of product stewardship plan

4  A producer must submit a product stewardship plan, in a manner and format satisfactory to a director, for the products within the product category of the product the producer sells, offers for sale or distributes in British Columbia.

Submission of product stewardship plan

4   A producer must submit a product stewardship plan, at the time specified in the applicable Schedule, if any, and in a manner and format satisfactory to a director, for the products within the product category of the product the producer sells, offers for sale, distributes or uses in a commercial enterprise in British Columbia.

[am. B.C. Reg. 88/2011, Sch. s. 5.]

 Approval of product stewardship plan

5  (1)  On receipt of a product stewardship plan submitted under section 4 [submission of product stewardship plan], the director may approve the plan if the director is satisfied that

(a) the plan will achieve, or is capable of achieving within a reasonable time,

(i)  a 75% recovery rate or another recovery rate established by the director,

(A)  for each subcategory listed in section 4 of Schedule 1 for the beverage container product category, and

(B)  for each product category covered by the plan, other than the beverage container product category, if required by the director,

(ii)  any performance requirements or targets established by the director, and

(iii)  any performance requirements or targets in the plan,

(b) the producer has undertaken satisfactory consultation with stakeholders prior to submitting the plan for approval and will provide opportunity for stakeholder input in the implementation and operation of the product stewardship program, and

(c) the plan adequately provides for

(i)  the producer collecting and paying the costs of collecting and managing products within the product category covered by the plan, whether the products are currently or previously sold, offered for sale or distributed in British Columbia,

(ii)  with respect to the solvent and flammable liquids, pesticide, gasoline and pharmaceutical product categories,

(A)  the collection of residuals and containers that are or were in direct contact with a residual, and

(B)  the management of residuals and containers collected,

(iii)  reasonable and free consumer access to collection facilities,

(iv)  making consumers aware of

(A)  the producer's product stewardship program,

(B)  the location of collection facilities, and

(C)  how to manage products in a safe manner,

(v)  assessing the performance of the producer's product stewardship program, the management of costs incurred by the program and the management of environmental impacts of the program,

(vi)  a dispute resolution procedure for disputes that arise between a producer and person providing services related to the collection and management of the product during implementation of the plan or operation of the product stewardship program,

(vii)  eliminating or reducing the environmental impacts of a product throughout the product's life cycle, and

(viii)  the management of the product in adherence to the order of preference in the pollution prevention hierarchy.

(2)  In deciding whether to approve the plan, the director may consider any of the following:

(a) the advice of a committee of up to 12 persons the director appoints for the purpose of giving advice on the plan;

(b) the timelines and effectiveness of the plan respecting the matters referred to in subsection (1);

(c) the population and geographical area of the markets in which the producer sells, offers for sale or distributes the product;

(d) the manner in which the product is marketed and retailed by the producer;

(e) the nature of the product;

(f) the amount of product the producer expects to sell or distribute each year;

(g) the amount of product the producer expects to collect each year;

(h) the size of the population intended to be served by each collection facility;

(i) the provision of convenient options for the collection of products in urban centres and small, isolated communities, and for persons with disabilities or who have no access to transportation;

(j) the manner, kind and amount of advertising and consumer education planned by the producer to inform consumers of the location and operation of collection facilities and the environmental and economic benefits of participating in the product stewardship program;

(k) the methods of product collection, storage, transportation and management;

(l) the product stewardship programs of other producers for products in the same product category;

(m) the structure of financial and operational co-operation with other producers.

(3)  For the purposes of subsection (1) (c) (viii), the pollution prevention hierarchy is as follows in descending order of preference, such that pollution prevention is not undertaken at one level unless or until all feasible opportunities for pollution prevention at a higher level have been taken:

(a) reduce the environmental impact of producing the product by eliminating toxic components and increasing energy and resource efficiency;

(b) redesign the product to improve reusability or recyclability;

(c) eliminate or reduce the generation of unused portions of a product that is consumable;

(d) reuse the product;

(e) recycle the product;

(f) recover material or energy from the product;

(g) otherwise dispose of the waste from the product in compliance with the Act.

(4)  This section applies to

(a) a director's approval of a producer's proposed amendment to an approved plan, and

(b) a director's amendment to an approved plan.

(5)  A director may amend an approved plan.

(6)  An amendment referred to in subsection (5) takes effect on the date specified by the director.

[am. B.C. Regs. 23/2006, s. 4; 296/2009, s. 4.]

 Annual report

8  (1)  On or before July 1 in each year, a producer must

(a) provide to a director a report respecting the one-year period ending not later than March 31 of that year or December 31 of the previous year, and

(b) post the report on the Internet.

(2)  Subject to subsection (4), the report referred to in subsection (1) must include the following:

(a) a description of educational materials and educational strategies the producer uses for the purposes of this Part;

(b) the location of its collection facilities, and any changes in the number and location of collection facilities from the previous report;

(c) efforts taken by or on behalf of the producer to reduce environmental impacts throughout the product life cycle and to increase reusability or recyclability at the end of the life cycle;

(d) a description of how the recovered product was managed in accordance with the pollution prevention hierarchy;

(e) the total amount of the producer's product sold and collected and, if applicable, the producer's recovery rate;

(f) independently audited financial statements detailing

(i)  all deposits received and refunds paid by the producers covered by the approved plan, and

(ii)  revenues and expenditures for any fees associated with the approved plan that are charged separately and identified on the consumer receipt of sale;

(g) a comparison of the approved plan's performance for the year with the performance requirements and targets in this regulation and the approved plan;

(h) any other information specified by the director.

(3)  If the report referred to in subsection (1) is in respect of the beverage container product category, the information required under subsection (2) (c) to (g) must be provided for each subcategory listed in section 4 of Schedule 1.

(3.1)  If an agency is appointed by more than one producer to carry out the duties of the producer under this section, the agency may provide and post one report referred to in subsection (1) on behalf of all of those producers.

(4)  The director may specify classes of information the producer is not required to include in the report posted on the Internet under subsection (1) (b).

[am. B.C. Reg. 23/2006, s. 6.]

 Application of stewardship requirements

9  (1)  A producer must meet the requirements of this Part in respect of a product unless there is an approved plan for the product.

(2)  This Part does not apply to a product in the beverage container product category.

(3)  This Part does not apply to a producer in relation to a product category for which the producer is required under section 3.1 to comply with Part 2.

(4)  A producer must notify a director in writing of the producer's intention to meet the requirements of this Part.

[am. B.C. Regs. 23/2006, s. 7; 296/2009, s. 5.]

 Collection

11  (1)  In this section, "municipality" does not include a regional district, an improvement district or the Greater Vancouver Sewerage and Drainage District.

(2)  A producer must operate a collection facility for all products currently or previously sold, offered for sale or distributed in British Columbia that are within a product category in respect of which the producer sells, offers for sale or distributes a product.

(3)  If a collection facility is operated at a location other than at the premises of a retailer who sells the producer's products, the producer must locate the collection facility

(a) within 4 kilometres by road from the retailer's premises if the retailer's premises are located in a municipality that has a population greater than 25 000, or

(b) within 10 kilometres by road from the retailer's premises if the retailer's premises are located outside a municipality that has a population greater than 25 000.

(4)  A producer must make its collection facility

(a) available without charge to any consumer who wishes to return unlimited quantities of products within the product categories it sells, offers for sale or distributes, and

(b) operate during regular business hours, 5 days per week, one day of which must be Saturday.

 Reports

14  (1)  On or before April 30 in each year, a producer must

(a) provide to a director a report respecting the preceding calendar year, and

(b) post the report on the Internet.

(2)  The report referred to in subsection (1) must include the following:

(a) a description of educational materials and educational strategies the producer uses for the purposes of this Part;

(b) the total amount of the producer's product sold and collected;

(c) the location of the producer's collection facilities;

(d) the amount of product managed at each level referred to in section 13 by or on behalf of the producer;

(e) efforts taken by or on behalf of the producer through redesign or repackaging to reduce product waste;

(f) a description and rationale, prepared by an independent auditor, of the processes used by or on behalf of the producer to store and transport products and to manage products at each level referred to in section 13;

(g) a description of the management system used by or on behalf of the producer to monitor the effectiveness of the producer's efforts under this Part.

(3)  On or before April 30, July 31, October 31 and January 31 of each year, a producer must provide a director with information on the total product collected on the producer's behalf during the previous calendar quarter.

(4)  On or before April 30 of each year, a producer charging a fee associated with the product stewardship program that is identified separately on the consumer receipt of sale must provide a director with audited financial statements detailing revenues and expenditures associated with its efforts under this Part for the previous calendar year.

 Annual report by director

15  On or before September 30 in each year, a director must publish a report to the public stating the extent to which every product has been managed in accordance with this regulation for the year ending not later than March 31 of that year or December 31 of the previous year.

Transitional — product stewardship plans

17   (1) A plan approved under section 5 of the Post-Consumer Residual Stewardship Program Regulation or section 7 of the Beverage Container Stewardship Program Regulation is deemed to be a plan approved under section 5 of this regulation.

(2) A producer whose existing plan is deemed to be an approved plan under subsection (1) must submit a plan or amendments to the existing plan for approval in accordance with this regulation as follows:

(a) subject to paragraph (b), within 2 years of this regulation coming into force;

(b) if the plan is in respect of products in the lubricating oil, empty oil container and oil filter product categories, within 3 years of this regulation coming into force.

Beverage container product subcategories

4   The beverage container product category consists of the following subcategories based on container material and container size:

(a) aluminum cans;

(b) refillable glass bottles, able to hold 1 litre or less;

(c) refillable glass bottles, able to hold more than 1 litre;

(d) nonrefillable glass bottles, able to hold 1 litre or less;

(e) nonrefillable glass bottles, able to hold more than 1 litre;

(f) plastic containers made of high density polyethylene, able to hold less than 500 ml;

(g) plastic containers made of high density polyethylene, able to hold 500 ml to 1 litre;

(h) plastic containers made of high density polyethylene, able to hold more than 1 litre;

(i) plastic containers made of resins other than high density polyethylene, able to hold less than 500 ml;

(j) plastic containers made of resins other than high density polyethylene, able to hold 500 ml to 1 litre;

(k) plastic containers made of resins other than high density polyethylene, able to hold more than 1 litre;

(l) bimetal cans, able to hold 1 litre or less;

(m) bimetal cans, able to hold more than 1 litre;

(n) drinking boxes, able to hold 500 ml or less;

(o) drinking boxes, able to hold more than 500 ml but not more than 1 litre;

(p) bag in a box;

(q) gable top containers, able to hold less than 500 ml;

(r) gable top containers, able to hold 500 ml to 1 litre;

(s) gable top containers, able to hold more than 1 litre;

(t) stand up pouches;

(u) beverage containers not referred to in paragraphs (a) to(t).

Gasoline product category

4   The gasoline product category consists of gasoline sold for use in spark ignition engines and returned in an approved Underwriters Laboratories of Canada container.

Pharmaceutical product category

5   The pharmaceutical product category consists of all unused or expired drugs, as defined in the Food and Drugs Act (Canada) except without reference to animals or paragraph (c) of that definition, except

(a) unused or expired drugs from a hospital, as defined in section 1 of the Hospital Act, or the office of a medical practitioner,

(b) contact lens disinfectants,

(c) antidandruff shampoo or products,

(d) antiperspirants,

(e) antiseptic or medicated skin care products,

(f) sunburn protectants,

(g) mouthwashes, and

(h) fluoridated toothpastes.

Lead-acid battery product category

10   Effective July 1, 2011, the lead-acid battery category consists of lead-acid batteries weighing more than 2 kg, and includes, without limitation, lead-acid batteries for automobiles, motorcycles, recreation vehicles, marine vehicles and locomotives.

Antifreeze product category

11   Effective July 1, 2011, the antifreeze product category consists of automotive antifreeze and includes empty containers for this antifreeze.

Transitional — July 1, 2011

12   A producer that wishes to be covered by Part 2 [Product Stewardship Plans] of this regulation on July 1, 2011 in relation to the lead-acid batteries set out in section 10 of this Schedule must submit, on or before October 1, 2010, a product stewardship plan under section 4 [submission of product stewardship plan] of this regulation respecting those lead-acid batteries.

Transitional — July 1, 2011

13   A producer that wishes to be covered by Part 2 [Product Stewardship Plans] of this regulation on July 1, 2011 in relation to the automotive anti-freeze or empty automotive anti-freeze containers set out in section 11 of this Schedule must submit, on or before October 1, 2010, a product stewardship plan under section 4 [submission of product stewardship plan] of this regulation respecting that anti-freeze or those containers.

 Electronic and electrical product category — July 1, 2010

2.1  Effective July 1, 2010, the electronic and electrical product category is expanded to include the following products:

(a) electronic or electrical information technology or telecommunication devices or equipment including

(i)  copying equipment,

(ii)  typewriters,

(iii)  pocket and desk calculators,

(iv)  computer terminals and systems not described in section 2,

(v)  fax machines, telex machines, telephones and telephone answering systems,

(vi)  printers other than desktop printers, and

(vii)  other devices or equipment for collecting, storing, processing, presenting or communicating information, including, without limitation, sounds and images;

(b) small electronic or electrical appliances including, without limitation,

(i)  floor and carpet care appliances,

(ii)  garment care appliances, including, without limitation, irons and mangles,

(iii)  appliances for counter top cooking, including, without limitation, toasters, toaster ovens, fryers, hot plates, microwaves, coffee makers, coffee grinders, kettles, blenders, mixers and food processors,

(iv)  knives,

(v)  devices for opening or sealing containers or packages,

(vi)  devices for measuring time,

(vii)  personal care appliances, including, without limitation, hair cutting and drying appliances, tooth care appliances, shavers and massagers,

(viii)  scales, and

(ix)  portable air treatment appliances, including, without limitation, fans, air purifiers, humidifiers and air conditioners;

(c) electronic or electrical audio visual and consumer equipment, including, without limitation, radio sets, cameras, video recorders and projectors, audio players, recorders, headphones, microphones, amplifiers, equalizers, speakers, musical instruments, and any other products or equipment for recording or reproducing sound or images, including equipment for distributing sound and images other than telecommunication equipment described in paragraph (a);

(d) all electronic or electrical lighting equipment, parts and bulbs;

(e) electronic or electrical toys, including, without limitation, trains, car racing sets, cars and trucks, including remote control and ride on toys, video games and video gaming equipment and consoles;

(f) electronic or electrical biking, diving, running and rowing machines or computers and other sports equipment with electronic or electrical components;

(g) electronic or electrical devices for arts, hobbies or crafts;

(h) electronic or electrical monitoring and control instruments, including, without limitation, smoke detectors, alarm systems, heating regulators, thermostats and appliances for measuring, weighing or adjusting;

(i) electronic or electrical equipment for use by surveyors, meteorologists and geologists;

(j) batteries that could be used in an electrical or electronic product listed in this section or section 2, including primary batteries and rechargeable batteries.

 Electronic and electrical product category — July 1, 2012

2.2  Effective July 1, 2012, the electronic and electrical product category is expanded to include the following products:

(a) large electronic or electrical appliances, including, without limitation,

(i)  large cooling appliances, including, without limitation, refrigerators, freezers and coolers,

(ii)  clothes washing machines and dryers,

(iii)  dishwashing machines, whether or not portable,

(iv)  large heating or cooking appliances for food, including, without limitation, stoves, ranges, ovens and warming drawers,

(v)  radiators,

(vi)  large air treatment appliances, including, without limitation, furnaces and large heaters, dehumidifiers and air conditioners,

(vii)  large fans and exhaust ventilation equipment,

(viii)  water purifiers, and

(ix)  trash compactors and food waste disposal appliances;

(b) electronic or electrical tools, other than large-scale stationary industrial tools, including, without limitation,

(i)  drills, saws and welding and soldering tools,

(ii)  equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, punching, folding, bending or otherwise processing wood, metal or other materials,

(iii)  tools for riveting, nailing or screwing or removing rivets, nails or screws,

(iv)  sewing machines, knitting machines and other appliances for weaving or processing textiles,

(v)  snow blowers and mowers and other gardening tools,

(vi)  slot machines, and

(vii)  bar code and point-of-sale scanners;

(c) electronic or electrical appliances that automatically dispense money or products on demand;

(d) electronic or electrical medical devices or equipment for detecting, preventing, monitoring, treating or alleviating illness, injury or disability, other than a medical device that has been implanted in a person or that has been exposed to infectious matter;

(e) batteries that could be used in an electrical or electronic product listed in this section, including primary batteries and rechargeable batteries.

 Transitional — July 1, 2012

3.2  A producer that wishes to be covered by Part 2 of this regulation on July 1, 2012 in relation to the electronic and electrical products set out in section 2.2 of this Schedule must submit, on or before January 1, 2012, a product stewardship plan under section 4 of this regulation respecting those electronic and electrical products.

 Electronic and electrical product category — July 1, 2010

2.1  Effective July 1, 2010, the electronic and electrical product category is expanded to include the following products:

(a) all of the following, if for desktop or portable use:

(i)  scanners;

(ii)  fax machines;

(iii)  copying equipment;

(b) telephones and telephone answering systems;

(c) mobile devices designed primarily to connect to a cellular or paging network, including, without limitation, phones, cellular personal digital assistants and pagers;

(d) electronic or electrical audio visual and consumer equipment, including, without limitation, radio sets, cameras and video recorders designed for non-professional use, projectors, audio players, recorders, headphones, microphones, amplifiers, equalizers and speakers;

(e) fluorescent light bulbs and lamps sold for residential use;

(f) thermostats;

(g) batteries for use in an electronic or electrical product referred to in this section, including primary and rechargeable batteries.

 Electronic and electrical product category — April 1, 2011

2.2  Effective April 1, 2011, the electronic and electrical product category is expanded to include the following products:

(a) Repealed. [B.C. Reg. 132/2011, App. s. 1 (a).]

(b) smoke detectors;

(c) batteries for use in smoke detectors, including primary and rechargeable batteries.

 Electronic and electrical product category — October 1, 2011

2.21  Effective October 1, 2011, the electronic and electrical product category is expanded to include the following products:

(a) small electronic or electrical appliances, including, without limitation,

(i)  floor and carpet care appliances,

(ii)  garment care appliances, including, without limitation, irons and mangles,

(iii)  appliances for counter top cooking, including, without limitation, toasters, toaster ovens, fryers, hot plates, microwave ovens, coffee makers, coffee grinders, kettles, blenders, mixers and food processors,

(iv)  knives,

(v)  devices for opening or sealing containers or packages,

(vi)  devices for measuring time,

(vii)  personal care appliances, including, without limitation, hair cutting and drying appliances, tooth care appliances, shavers and massagers,

(viii)  scales, and

(ix)  portable air treatment appliances, including fans, air purifiers and humidifiers, but not including air conditioners;

(b) batteries for use in an electronic or electrical product referred to in this section, including primary and rechargeable batteries.

 Electronic and electrical product category — July 1, 2012

2.3  Effective July 1, 2012, the electronic and electrical product category is expanded to include the following products:

(a) large electronic or electrical appliances, including, without limitation,

(i)  large cooling appliances, including, without limitation, refrigerators, freezers and coolers,

(ii)  clothes washing machines and dryers,

(iii)  dishwashing machines, whether or not portable,

(iv)  large heating or cooking appliances for food, including, without limitation, stoves, ranges, ovens and warming drawers,

(v)  radiators,

(vi)  large air treatment appliances, including, without limitation, furnaces and large heaters, dehumidifiers and air conditioners,

(vii)  large fans and exhaust ventilation equipment,

(viii)  water purifiers,

(ix)  trash compactors and food waste disposal appliances,

(x)  air conditioners, and

(xi)  microwave ovens other than counter top microwave ovens;

(b) electronic or electrical tools, other than large-scale stationary industrial tools, including, without limitation,

(i)  drills, saws and welding and soldering tools,

(ii)  equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, punching, folding, bending or otherwise processing wood, metal or other materials,

(iii)  tools for riveting, nailing or screwing or removing rivets, nails or screws,

(iv)  sewing machines, knitting machines and other appliances for weaving or processing textiles,

(v)  snow blowers and mowers and other gardening tools,

(vi)  slot machines, and

(vii)  bar code and point-of-sale scanners;

(c) electronic or electrical appliances that automatically dispense money or products on demand;

(d) electronic or electrical medical devices or equipment for detecting, preventing, monitoring, treating or alleviating illness, injury or disability, other than a medical device that has been implanted in a person or that has been exposed to infectious matter;

(e) all electronic or electrical lighting equipment, parts and bulbs, including lamps, fixtures and flashlights, but not including fluorescent light bulbs or lamps sold for residential use;

(f) electronic or electrical information technology or telecommunication devices, equipment or media, including

(i)  typewriters,

(ii)  pocket and desk calculators,

(iii)  printers, scanners, fax machines, and copying equipment,

(iv)  network and telecommunication equipment,

(v)  devices, equipment or media for collecting, storing, processing, presenting or communicating information, including, without limitation, sounds and images,

(vi)  telex machines, and

(vii)  computer terminals or systems,

but not including anything described in section 2 or 2.1;

(g) electronic or electrical toys, leisure and sports equipment, including, without limitation, trains, car racing sets, cars and trucks, including remote control and ride on toys, video games and video gaming equipment and consoles, electronic or electrical biking, diving, running and rowing machines or computers and other sports equipment with electronic or electrical components, and electronic or electrical devices for arts, hobbies or crafts;

(h) electronic or electrical monitoring and control instruments, including, without limitation, alarm systems, heating regulators and appliances for measuring, weighing or adjusting, but not including thermostats or smoke detectors;

(i) electronic or electrical audio visual and consumer equipment or media, including, without limitation, musical instruments, products, equipment or media for recording, reproducing or distributing sound or images;

(j) accessories for use with any products referred to in this Schedule, including cables, adapters, connection cords and chargers;

(k) batteries for use in an electronic or electrical product referred to in this section, including primary and rechargeable batteries.

 Transitional — July 1, 2010

3.1  A producer that wishes to be covered by Part 2 [Product Stewardship Plans] of this regulation on July 1, 2010 in relation to the electronic and electrical products set out in section 2.1 of this Schedule must submit, on or before January 1, 2010, a product stewardship plan under section 4 [submission of product stewardship plan] of this regulation respecting those electronic and electrical products.

 Transitional — April 1, 2011

3.2  A producer that wishes to be covered by Part 2 [Product Stewardship Plans] of this regulation on April 1, 2011 in relation to the electronic and electrical products set out in section 2.2 of this Schedule must submit, on or before July 1, 2010, a product stewardship plan under section 4 [submission of product stewardship plan] of this regulation respecting those electronic and electrical products.

 Transitional — October 1, 2011

3.21  A producer that submitted on or before July 1, 2010 a product stewardship plan under section 3.2 of this Schedule in relation to the electronic and electrical products set out in section 2.2 of this Schedule, as that section read immediately before its amendment on July 21, 2011, if that product stewardship plan was submitted in a manner and format satisfactory to a director, is conclusively deemed to have complied with section 4 of this regulation as it relates to the electronic and electrical products set out in section 2.21 of this Schedule.

 Transitional — July 1, 2012

3.3  A producer that wishes to be covered by Part 2 of this regulation on July 1, 2012 in relation to the electronic and electrical products set out in section 2.3 of this Schedule must submit, on or before October 1, 2011, a product stewardship plan under section 4 of this regulation respecting those electronic and electrical products.

Definition

1   (1) In this Schedule, "paper" means, subject to subsection (2), paper of any description, including

(a) flyers,

(b) brochures,

(c) booklets,

(d) catalogues,

(e) telephone directories,

(f) newspapers,

(g) magazines,

(h) paper fibre, and

(i) paper used for copying, writing or any other general use.

(2) For the purposes of subsection (1), paper does not include

(a) paper products that, by virtue of their anticipated use, could become unsafe or unsanitary to recycle, or

(b) bound reference books, literary books and text books.

Packaging and paper product category

2   The packaging and paper product category consists of packaging and paper.

Repealed

3   Repealed. [B.C. Reg. 206/2017, s. 20 (b).]

Definitions

1   In this Schedule, "printed paper" means paper that is not packaging, but is printed with text or graphics as a medium for communicating information, and includes telephone directories, but does not include

(a) other types of bound reference books,

(b) bound literary books, or

(c) bound text books.

Packaging and paper product category

1   The packaging and paper product category consists of all of the following:

(a) packaging;

(b) packaging-like products as described in section 2;

(c) paper as described in section 3;

(d) single-use products as described in section 4.

Packaging and printed paper category

2   The packaging and printed paper product category consists of packaging and printed paper.

Transitional

3   A person who, on the date this section comes into force, is a producer of a product within the packaging and printed paper product category must

(a) submit a product stewardship plan under section 4 [submission of product stewardship plan] of this regulation on or before the date that is 18 months after the date this section comes into force, if the person continues to be a producer on this date, and

(b) have an approved plan under Part 2 of this regulation, and comply with the approved plan, on or before the date that is 36 months after the date this section comes into force, if the person continues to be a producer on this date,

in order to sell, offer for sale, distribute or use in a commercial enterprise the product in British Columbia.