Packaging and Printed Paper Stewardship Regulation

Packaging and Printed Paper Stewardship Regulation, M.R. 195/2008 The Waste Reduction and Prevention Act , C.C.S.M. c. W40 Regulation 195/2008 Registered December 22, 2008 bilingual version (HTML) Table of Contents Section INTERPRETATION 1 Interpretation DESIGNATION OF MATERIAL 2 Designation of material PACKAGING AND PRINTED PAPER STEWARDSHIP PROGRAM 3 Prohibitions 4 Requirements for a packaging and printed paper stewardship program 5 Application for approval 6 Applicant must meet requirements for approval 7 Issuance of approval 8 Minister may impose new or additional conditions 9 Procedure for refusal of approval or renewal 10 Continuance when renewal pending 11 Suspension or cancellation of approval 12 Cancellation in certain circumstances 13 Amendment of plan 14 Implementation and operation of plan 15 Providing information REPORTS AND CONFIDENTIALITY 16 Annual report 17 Information to be confidential 18 Availability of annual report GENERAL PROVISIONS 19 Minister may establish guidelines 20 Service of notices 21 Coming into force INTERPRETATION Definitions and interpretation 1(1) The following definitions apply in this regulation. "Act" means The Waste Reduction and Prevention Act . («  Loi  ») "beverage container" means final consumer packaging that (a) contains or contained a ready-to-serve beverage, other than unflavoured fluid milk; and (b) was sealed by the beverage's manufacturer after the beverage was placed in it. (« contenant de boisson ») "business" includes farming. (« affaires ») "designated material" means a material designated in section 2. (« matériaux désignés ») "goods" means products or materials that are ready to be supplied for consumption. (« biens ») "operator" means a person who operates a packaging and printed paper stewardship program approved by the minister in accordance with this regulation. (« administrateur ») "packaging" means any package or container, or any part of a package or container, that is comprised of glass, metal, paper or plastic, or any combination of any of those materials and includes, but is not limited to, service packaging. (« conditionnement ») "packaging and printed paper stewardship program" means a waste reduction and prevention program for waste packaging and printed paper approved under section 6. (« programme de gestion des emballages et des imprimés ») "person" includes a partnership. (« personne ») "pre-packaged goods" means goods that are in the packaging in which they would ordinarily be supplied for consumption. (« biens préemballés ») "prescribed activity" means (a) an activity or program of the Government of Manitoba, or of a municipality or local government district, or of a community or incorporated community as defined in The Northern Affairs Act ; (b) an activity or program of a school, college, university or other educational institution, including, but not limited to, an educational, administrative, fund-raising, public-relations or alumni-relations activity or program; (c) an activity or program of a church or other religious organization, including, but not limited to, a religious, administrative, fund-raising or public-relations activity or program; or (d) an activity or program of a non-profit organization, including, but not limited to, an educational, administrative, fund-raising or public-relations activity or program. (« activité prescrite ») "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. (« imprimés ») "registry" means the public registry established under section 17 of The Environment Act . (« registre ») "service packaging" means packaging that is filled or applied at the point of sale to enable or facilitate the delivery of goods by a retail seller or a food service industry or other service industry outlet. (« conditionnement ») "steward of designated material" means (a) the first person who, in the course of business or a prescribed activity in Manitoba, supplies a designated material to another person; or (b) a person who, in the course of business or a prescribed activity in Manitoba, uses a designated material obtained in a supply transaction outside of Manitoba. (« gestionnaire ») "supply" means to transfer a property interest by (a) sale, whether conditional or otherwise; (b) exchange; (c) barter; (d) lease or rental, whether with an option to purchase or otherwise; or (e) gift; but does not include a supply that is effected solely to create a security interest within the meaning of The Personal Property Security Act or the Bank Act (Canada). (« fourniture ») "waste packaging and printed paper" means packaging and printed paper that through use, storage, handling, defect, damage, expiry of shelf life or other similar circumstance can no longer be used for its original purpose. (« vieux emballages et imprimés ») 1(2) When the designated material is printed paper, a supply of the designated material by a person is a supply "for consumption" if it is a supply (a) by the person for use by a final user in Manitoba and not for the purpose of its being supplied again; or (b) to a second person followed by one or more supply transactions, any of which is a transaction in which the designated material is supplied for use by a final user in Manitoba and not for the purpose of being supplied again. 1(3) When the designated material is packaging of pre-packaged goods, a supply of the designated material by a person is a supply "for consumption" if the designated material is supplied containing a beverage or other pre-packaged good (a) that is supplied by the person for use by a final user in Manitoba and not for the purpose of its being supplied again; or (b) to a second person followed by one or more supply transactions, any of which is a transaction in which the beverage or other pre-packaged good is supplied for use by a final user in Manitoba and not for the purpose of being supplied again. 1(4) When the designated material is service packaging, the designated material is supplied "for consumption" when (a) a retail seller, or a food service industry or other service industry outlet, uses the designated material to package goods for supply at retail; or (b) a retail seller, or a food service industry or other service industry outlet, supplies the designated material to facilitate the removal (i) of prepackaged goods by a final user from the place in Manitoba where the goods are supplied at retail, or (ii) of goods, whether or not they are retail goods, in relation to which a service has been performed from the place where the service was performed. 1(5) For the purpose of clause (a) of the definition "steward of designated material" in subsection (1), a person who (a) solicits orders, directly or through an agent, for the designated material from persons in Manitoba by advertising or other means; (b) accepts orders for the designated material that originate in Manitoba; and (c) causes the designated material to be delivered in Manitoba; is deemed to be the first person who supplies designated material to another person in the course of business in Manitoba. 1(6) This regulation does not apply to a container as defined in the Used Oil, Oil Filters and Containers Stewardship Regulation . M.R. 100/2012 DESIGNATION OF MATERIAL Designation of material 2 The following are designated as designated material for the purposes of the Act: (a) packaging, but not including containers for which a refundable deposit is payable when the goods are supplied at retail and the packaging of those containers; (b) printed paper. PACKAGING AND PRINTED PAPER STEWARDSHIP PROGRAM Prohibitions 3(1) No person shall supply designated material for consumption unless (a) the steward of the designated material operates or subscribes to a packaging and printed paper stewardship program; or (b) the person operates or subscribes to a packaging and printed paper stewardship program. 3(2) No person shall in the course of business use in Manitoba designated material obtained in a supply transaction outside of Manitoba unless the person operates or subscribes to a packaging and printed paper stewardship program. 3(3) No person shall supply designated material for consumption in a retail sale in Manitoba unless the person makes available to the consumer point of sale information under a packaging and printed paper stewardship program. 3(4) Except as allowed by subsection (5), a person must not, in the course of supplying or in relation to a supply of designated material for consumption, (a) charge the material's recipient a fee or other monetary amount (i) for or in connection with the post-supply collection, transportation, storage, processing and disposal of the designated material, or (ii) for otherwise recycling the designated material, that is in addition to or separate from the usual or stated price for the printed paper or the goods that were supplied in the designated material; or (b) charge the material's recipient a fee or other monetary amount under a waste reduction and prevention program that is not a packaging and printed paper stewardship program approved under this regulation. 3(5) As an exception to subsection (4), a person may charge such an additional or separate fee or other monetary amount under a packaging and printed paper stewardship plan if (a) the method of calculating the fee or other monetary amount and the manner in which it is to be charged is stated in the plan; and (b) the proposal to charge an additional or separate fee has been expressly approved by the minister as part of the minister's approval of the plan. 3(6) For greater certainty, subsections (4) and (5) apply to all supplies of designated material for consumption including retail sales, except retail sales referred to in subsection (7). 3(7) A retail seller must not charge a customer who buys unflavoured fluid milk a fee or monetary amount that is in addition to or separate from the usual or stated price of the milk. This subsection applies whether the milk is skim, 1%, 2% or homogenized. M.R. 100/2012 Requirements for a packaging and printed paper stewardship program 4(1) A packaging and printed paper stewardship program must be (a) consistent with the principles set out in subsection 1(2) of the Act; (b) consistent with any written guidelines established by the minister respecting such programs; and (c) open to any steward of designated material who wishes to subscribe to the program in accordance with the plan for the program approved by the minister under this regulation. 4(2) A plan for a packaging and printed paper stewardship program must include provision for (a) the establishment and administration of a waste reduction and prevention program for packaging and printed paper with waste reduction and prevention targets as set out in the plan; (b) the appropriate management of waste packaging and printed paper in accordance with any written guidelines established by the minister; (c) a province-wide, convenient collection system for waste packaging and printed paper without user fees at the point of collection; (d) a system for the payment of expenditures incurred in the collection, transportation, storage, processing and disposal of waste packaging and printed paper in connection with the waste reduction and prevention program; (e) the orderly collection of revenues from subscribers to the program in balance with expenditures for the program; (f) the establishment and administration of education programs for the purpose of the waste reduction and prevention program; (g) the establishment and administration of a point of sale information program for the purpose of the waste reduction and prevention program; (h) the payment of salaries and other costs of government for the administration and enforcement of this regulation and of the Act as it relates to packaging and printed paper; and (i) ongoing consultations about the stewardship program with persons who the operator considers the stewardship program may affect, including members of the public, in accordance with any guidelines respecting consultation that the minister may establish. 4(3) A plan for a packaging and printed paper stewardship program may include (a) provision for the establishment and administration of research and development activities related to the management of packaging and printed paper; (b) provision for training and educational activities related to the management of packaging and printed paper; (c) provision for activities related to pollution prevention and waste reduction; and (d) any other activities that the minister may approve. 4(4) The fiscal year of a packaging and printed paper stewardship program must be the calendar year. Application for approval 5(1) A person who intends to operate a packaging and printed paper stewardship program must submit a plan for the program and apply to the minister for approval of the plan. Before submitting the plan and application, the person must comply with any guidelines that the minister has established respecting consultation about stewardship programs before the application stage. 5(2) An application for approval of a plan for a packaging and printed paper stewardship program or renewal of an approval must (a) be in the form and contain the information required by the minister; and (b) include (i) a business plan for the implementation of the applicant's responsibilities under the Act and this regulation covering the period for which the approval is being sought, and (ii) a description of the consultations about the proposed stewardship program carried out by the applicant before applying and a summary of the results of the consultations. 5(3) After receiving a plan for a packaging and printed paper stewardship program, or for the renewal of an approval, the minister must file it in the registry. The minister is to (a) receive comments on the plan for 28 days from the date it is filed in the registry; and (b) consider the comments before making a decision on whether or not to approve the plan under subsections 6(1) and (2). 5(4) An application for renewal of an approval must be received by the minister no later than 60 days before the expiry of the existing period of approval. Applicant must meet requirements for approval 6(1) An applicant must meet the requirements of the Act, this regulation and any written guidelines established by the minister before being entitled to an approval of a packaging and printed paper stewardship program plan or renewal of an approval. 6(2) The minister may grant an approval subject to conditions. 6(3) The minister may grant an approval on an interim basis subject to conditions to be complied with by the applicant pending confirmation or refusal of the approval. Issuance of approval 7(1) In this section "approval" includes an interim approval granted under subsection 6(3). 7(2) The minister must issue a letter of approval to an applicant who is entitled to an approval of a packaging and printed paper stewardship program plan or a renewal of approval. 7(3) A letter of approval must set out any conditions imposed by the minister. 7(4) An approval expires on the date stated in the letter of approval. 7(5) An approval is not transferable. Minister may impose new or additional conditions 8 The minister may impose new or additional conditions on an approval granted under section 6. Procedure for refusal of approval or renewal 9(1) When the minister proposes to refuse to grant or renew an approval of a packaging and printed paper stewardship program plan, the minister must serve a notice of the proposal and a statement of the reasons for it on the applicant. 9(2) A notice under subsection (1) must inform the applicant that he or she may, within 10 days after the notice is served, make representations in writing about the proposal. 9(3) If the applicant does not respond within the time stated in the notice, the minister may carry out the proposal stated in the notice. 9(4) If the applicant responds within the time stated in the notice, the minister must consider the representations by the applicant before (a) carrying out the proposal; or (b) granting the approval or renewal. Continuance when renewal pending 10 When an applicant applies for renewal of the approval of his or her program plan within the time limit prescribed in subsection 5(4), the approval is deemed to continue (a) until the renewal is granted; or (b) if the applicant is served with a notice under subsection 9(1), until the minister carries out his or her proposal or issues the renewal. Suspension or cancellation of approval 11(1) The minister may suspend or cancel the approval of a plan for a packaging and printed paper stewardship program where the operator is in breach of any provision of the Act or this regulation. 11(2) Where the approval of a plan for a packaging and printed paper stewardship program is suspended under subsection (1), the operator must not operate the program until he or she satisfies any requirements for reinstatement imposed by the minister. 11(3) When the minister proposes to cancel or suspend the approval of a packaging and printed paper stewardship program plan, the minister must serve a notice of the proposal and a statement of the reasons for it on the operator and subsections 9(2) to (4) apply to the notice and the proposal with necessary modifications. Cancellation in certain circumstances 12 Despite anything in this regulation, the minister may cancel the approval of an operator who (a) ceases to operate a program; or (b) applies to surrender his or her approval. Amendment of plan 13(1) An operator may apply for approval of an amendment to a packaging and printed paper stewardship program plan subsequent to the approval of the plan by the minister and must (a) file the amended program plan with the minister without delay for the minister's approval; and (b) provide the minister with such information as he or she may require about the amendment and its effect on the program plan. 13(2) An operator must not act on any amendment to a program plan until the minister has notified the operator in writing that the amendment has been approved. 13(3) After receiving an amended program plan, the minister must file it in the registry. The minister is to (a) receive comments on the amended program plan for 28 days from the date it is filed in the registry; and (b) consider the comments before making a decision on whether or not to approve the amended program plan under subsection (4). 13(4) The minister may approve the amendment or, subject to subsection (5), may refuse to approve the amendment. 13(5) When the minister proposes to refuse to approve an amendment, he or she must serve a notice of the proposal on the operator and subsections 9(2) to (4) apply to the notice and the proposal with necessary modifications. Implementation and operation of plan 14(1) An operator must ensure that the packaging and printed paper stewardship program plan, as approved under section 6 or amended under section 8, or approved as amended under section 13, is implemented and operated substantially in accordance with its intent, subject to any conditions imposed by the minister. 14(2) The revenue of a packaging and printed paper stewardship program must be expended only (a) for expenses that are incurred for the purposes of the plan; and (b) with the prior approval of the minister, for expenses that are consistent with the purposes of the plan. M.R. 100/2012 Providing information 15 An operator must provide any information about the packaging and printed paper stewardship program requested by the minister. REPORTS AND CONFIDENTIALITY Annual report 16(1) Within 120 days after the end of the calendar year, an operator must provide to the minister an annual report summarizing the program activities of the operator in the calendar year and containing audited financial statements covering the program for the calendar year. 16(2) Without limiting the generality of subsection (1), the annual report must include (a) particulars of the financial contributions to the stewardship program by, and the stewardship costs attributable to, each product group of designated material covered by the program; (b) a description of the consultations about the stewardship program carried out by the operator during the calendar year and a summary of the results of the consultations; and (c) any information the minister directs the operator to include in the annual report. M.R. 203/2014 Information to be confidential 17(1) Except as provided in subsection (2), information given to the minister under section 15 or in any document upon which a report provided under section 16 is based is confidential to the extent that any information in the document would be reasonably expected to identify the volume of sales of any designated material or type of designated material, or the market share of any designated material or type of designated material, of any steward of designated material. No person who obtains the document shall knowingly disclose, or permit any person to disclose that information, except with the consent of the person who provided the report or document. 17(2) Information given to the minister under section 15 or a report provided under section 16 or any document upon which the report is based may be disclosed (a) for the purpose of the administration or enforcement of the Act or this regulation or legal proceedings related to that enforcement; (b) when required by law; or (c) when the information in the report or document is publicly available. 18(1) [Repealed] M.R. 203/2014 Availability of annual report 18(2) After providing the minister with an annual report under section 16, the operator of packaging and printed paper stewardship program must make a copy of the report available without cost to any person on request. M.R. 203/2014 GENERAL PROVISIONS Minister may establish guidelines 19 The minister may establish written guidelines respecting (a) the requirements for a packaging and printed paper stewardship program and the operation of such a program; (a.1) waste reduction and prevention targets that the program should be designed and operated to meet, which may be general or may be targets for particular items or types of designated material, such as printed paper, beverage containers or other types of packaging; (b) the management of waste packaging and printed paper; (c) the criteria for program performance evaluation; or (d) any other matter provided for under this regulation. M.R. 100/2012 Service of notices 20(1) A notice that is required to be served by the minister must be served on a person in accordance with subsection (2), and (a) if the person is an individual, on the individual; (b) if the person is a corporation, on a director or officer of the corporation; or (c) if the person is a partnership, on a partner who is an individual or a corporation, in the manner set out in clause (a) or (b), as the circumstances require. 20(2) A notice may be served on a person or on a director or officer of a corporation (a) by personally giving a copy to the person, director or officer; (b) by sending a copy to his or her address last known to the minister by any method, including registered mail, certified mail or prepaid courier, if there is a record of delivery by the party who delivered the copy; or (c) by telephone transmission of a facsimile of the notice or by other electronic transmission to the person, director or officer, if there is a record (i) of the telephone number to which the transmission was sent, (ii) of the date on which the transmission was sent, and (iii) that the transmission included the full text of the notice. 20(3) A notice sent by mail is deemed to be received by the intended recipient on the earlier of (a) the day the intended recipient actually receives it; and (b) the fifth business day after the day it is mailed. 20(4) A notice sent by a method referred to in clause (2)⁠(c) is deemed to be received by the intended recipient on the earlier of (a) the day the intended recipient actually receives it; and (b) the first business day after the day it is sent. COMING INTO FORCE Coming into force 21(1) This regulation, except section 3, comes into force on the day it is registered under The Regulations Act . 21(2) Section 3 comes into force on the same day that section 27 of the Multi-Material Stewardship (Interim Measures) Regulation , Manitoba Regulation 39/95 is repealed.