Electronic Equipment Stewardship Program Regulations, E-10.22 Reg 10

1 ELECTRONIC EQUIPMENT STEWARDSHIP PROGRAM E-10.22 REG 10 The Electronic Equipment Stewardship Program Regulations being Chapter E-10.22 Reg 10 (effective September 4, 2025). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 ELECTRONIC E-10.22 REG 10 EQUIPMENT STEWARDSHIP PROGRAM Table of Contents 1 Title 9 Changes to product stewardship program 2 Definitions and interpretation 10 Amendment, suspension or cancellation of approvals 3 Determination of producer 11 Annual reporting 4 Prescribed product 12 RRS c E-10.22 Reg 6 repealed 5 Guidelines 13 Transitional 6 Product stewardship program required 14 Coming into force 7 Approval to operate product stewardship program Appendix 8 Review of product stewardship program Table 1 Electronic Equipment 3 ELECTRONIC EQUIPMENT STEWARDSHIP PROGRAM E-10.22 REG 10 CHAPTER E-10.22 REG 10 The Environmental Management and Protection Act, 2010 Title 1 These regulations may be cited as The Electronic Equipment Stewardship Program Regulations. Definitions and interpretation 2(1) In these regulations: “Act” means The Environmental Management and Protection Act, 2010; “approval” means an approval of a product stewardship program by the minister pursuant to section 7; “brand owner” means the person who is the owner or licensee of intellectual property rights or a trademark with respect to electronic equipment that is supplied or distributed into or in Saskatchewan, whether or not, in the case of a trademark, the trademark is registered or is used in association with or marked on the electronic equipment; “electronic equipment” means, subject to subsection (2), any new product listed in Table 1 of the Appendix and includes all embedded components; “marketplace” means a physical or electronic entity that supplies electronic equipment; “marketplace facilitator” means a person, whether or not that person receives consideration in exchange for services, who does all or any of the following: (a) makes or facilitates a marketplace for retail sales by marketplace sellers; (b) directly or indirectly collects payment from a consumer or user and remits payment to a marketplace seller; “marketplace seller” means a person who supplies and sells electronic equipment through a marketplace operated, owned or controlled by the person or a marketplace facilitator; “producer” means the person who is determined to be the producer in accordance with section 3; “producer responsibility organization” means a person who operates a product stewardship program on behalf of producers; “product stewardship program” means a program for the collection and recycling of electronic equipment; “recycle” means to collect electronic equipment under a product stewardship program for the purpose of selling that equipment as a commodity that will be reprocessed into raw materials for use as inputs into new products; “trademark” means a trademark as defined in the Trademarks Act (Canada). 4 ELECTRONIC E-10.22 REG 10 EQUIPMENT STEWARDSHIP PROGRAM (2) For the purposes of the definition of “electronic equipment” in subsection (1), electronic equipment does not include a product listed in Table 1 of the Appendix if the product: (a) is powered by gas, alternative fuel or compressed air or liquid and does not require electrical or battery power; (b) is a large-scale stationary industrial tool not designed to be moved; (c) requires professional installation; (d) cannot readily and safely be deinstalled, transported or recycled; (e) contains mercury; (f) has been implanted in a person; (g) requires decontamination before recycling; (h) has come into contact with blood or other biological contaminants; or (i) is an air treatment device containing refrigerant. 12 Sep 2025 cE-10.22 Reg 10 s2. Determination of producer 3(1) Subject to subsection (2), the producer is: (a) if the person is a resident of Canada, a manufacturer, distributor or brand owner of electronic equipment that is sold, offered for sale or otherwise distributed into or in Saskatchewan; (b) if there is no person as described in clause (a), the person who first imports the electronic equipment for distribution or resale into or in Saskatchewan; (c) if there is no person as described in clause (a) or (b), the retailer who is selling the electronic equipment for use in Saskatchewan; or (d) if there is no person as described in clauses (a) to (c), any person who assembles electronic equipment from parts that were imported into Saskatchewan for resale or supply. (2) In the case of a business operated wholly or in part as a franchise, the producer is the franchisor if that franchisor has franchisees that are resident in Saskatchewan. (3) If the producer determined in accordance with subsection (1) is a retailer and that retailer is a marketplace, the producer is: (a) the marketplace seller who supplies electronic equipment into or in Saskatchewan; or (b) if there is no person as described in clause (a), the producer is the marketplace facilitator who supplies electronic equipment into or in Saskatchewan. 12 Sep 2025 cE-10.22 Reg 10 s3. 5 ELECTRONIC EQUIPMENT STEWARDSHIP PROGRAM E-10.22 REG 10 Prescribed product 4 Electronic equipment is a prescribed product for the purposes of section 46 of the Act. 12 Sep 2025 cE-10.22 Reg 10 s4. Guidelines 5(1) For the purposes of approving a product stewardship program pursuant to these regulations, the minister may establish guidelines respecting any additional terms and conditions that a producer or producer responsibility organization must comply with. (2) If the minister establishes guidelines pursuant to subsection (1), the minister shall cause the guidelines to be made available to the public in any form or manner that the minister considers appropriate, including publishing them on the ministry’s website. 12 Sep 2025 cE-10.22 Reg 10 s5. Product stewardship program required 6(1) No producer shall fail to: (a) operate a product stewardship program approved by the minister; or (b) enter into an agreement with a producer responsibility organization to operate a product stewardship program approved by the minister. (2) No producer responsibility organization shall fail to operate a product stewardship program in accordance with: (a) the program as approved by the minister; and (b) these regulations. (3) No producer who has entered into an agreement with a producer responsibility organization shall fail to ensure that the product stewardship program is operated in accordance with: (a) the program as approved by the minister; and (b) these regulations. 12 Sep 2025 cE-10.22 Reg 10 s6. 6 ELECTRONIC E-10.22 REG 10 EQUIPMENT STEWARDSHIP PROGRAM Approval to operate product stewardship program 7(1) A producer or producer responsibility organization that operates or intends to operate a product stewardship program shall: (a) apply to the minister for approval of that program in the form and manner acceptable to the minister; (b) comply with any requirements set out in the guidelines established by the minister pursuant to section 5; (c) submit an implementation schedule for that program; and (d) submit any additional information or material to the minister that the minster requests and considers relevant to the application. (2) The minister shall not approve a product stewardship program unless the product stewardship program contains details that are satisfactory to the minister respecting all of the following: (a) the management structure of the program; (b) the composition of the board of directors of the program; (c) the creation of an advisory committee to the producer or producer responsibility organization; (d) the role of the advisory committee in relation to the implementation and operation of the program; (e) the manner in which Saskatchewan interests will be represented on the advisory committee; (f) the public education or public awareness and communication strategy for the program; (g) the manner in which financial disputes related to the program will be resolved; (h) the manner in which electronic equipment will be collected in all areas of Saskatchewan; (i) the policies and procedures to be followed by any person collecting or processing electronic equipment pursuant to the program; (j) how the product stewardship program will be funded and how funds under the program will be expended; (k) the quality control and quality assurance aspects of the program, including the mechanisms to collect, track and audit information for the purposes of the program; (l) the management of contracts with collectors, processors and other third- party contractors, including the policies and procedures to be followed to ensure that all collectors, processors and other contracted parties comply with all applicable laws; (m) how program effectiveness, efficiency, accessibility and participation rates and resident feedback will be determined and measured; 7 ELECTRONIC EQUIPMENT STEWARDSHIP PROGRAM E-10.22 REG 10 (n) the manner in which electronic equipment will be managed by the program in accordance with the order of preference in the waste management hierarchy set out in the guidelines established by the minister pursuant to section 5, including providing evidence satisfactory to the minister that the management options chosen will minimize the impact of electronic equipment on the environment; (o) a schedule of targets set by the producer or the producer responsibility organization operating the program, as the case may be, to be achieved each year for the product stewardship program period that is satisfactory to the minister, for each of the following performance indicators: (i) public awareness of the availability and functioning of the program; (ii) percentage of the population of Saskatchewan with access to the program; (iii) any other performance indicators proposed by the producer or producer responsibility organization; (p) a description of how the schedule of targets mentioned in clause (o) was determined; (q) the manner in which the program will manage greenhouse gas emissions related to the collection and recycling of electronic equipment; (r) any collaborative initiatives undertaken or to be undertaken with other product stewardship programs approved pursuant to these regulations or any other regulations made pursuant to section 46 of the Act for the purposes of achieving public convenience and greater product stewardship program effectiveness and efficiency; (s) any other matter the minister considers appropriate. (3) If the minister is satisfied that a proposed product stewardship program complies with the Act and these regulations and that it is in the public interest to do so, the minister may: (a) approve the project stewardship program; and (b) impose any terms and conditions on the approval that the minister considers appropriate. (4) The minister shall cause notice of any approval pursuant to clause (3)(a) to be made public in any manner the minister considers appropriate, including publishing it on the ministry’s website. 12 Sep 2025 cE-10.22 Reg 10 s7. 8 ELECTRONIC E-10.22 REG 10 EQUIPMENT STEWARDSHIP PROGRAM Review of product stewardship program 8 Every 5 years after the date of approval of a product stewardship program pursuant to clause 7(3)(a), the producer or producer responsibility organization that operates the product stewardship program shall: (a) review the approved terms and conditions of the program; (b) submit the results of the review to the minister in the form and manner and within the period specified by the minister; and (c) either: (i) request approval in writing from the minister of any proposed amendments to the program; or (ii) notify the minister, in writing, if no amendments to the program are proposed. 12 Sep 2025 cE-10.22 Reg 10 s8. Changes to product stewardship program 9 No producer or producer responsibility organization operating a product stewardship program shall make any changes to the program without obtaining the minister’s prior written approval of the proposed changes. 12 Sep 2025 cE-10.22 Reg 10 s9. Amendment, suspension or cancellation of approvals 10(1) Subject to subsection (2), if, in the minister’s opinion, a product stewardship program is not being operated in accordance with the Act, these regulations or the terms and conditions of the approval, or if, in the minister’s opinion, it is in the public interest to do so, the minister may: (a) amend the approval by imposing new or additional terms and conditions; (b) suspend the approval; or (c) cancel the approval. (2) Before amending, suspending or cancelling an approval pursuant to subsection (1), the minister shall provide the producer or producer responsibility organization operating the product stewardship program with: (a) written notice of the minister’s intended action together with reasons for that intended action; and (b) an opportunity to make written representations to the minister, within 30 days after the written notice mentioned in clause (a) is served, with respect to why the intended action should not be taken. (3) The minister is not required to give an oral hearing to any producer or producer responsibility organization to whom a notice has been provided pursuant to subsection (2). 9 ELECTRONIC EQUIPMENT STEWARDSHIP PROGRAM E-10.22 REG 10 (4) After considering the representations made pursuant to subsection (2), the minister shall issue a written decision and shall serve a copy of the decision together with reasons on the producer or producer responsibility organization operating the product stewardship program. (5) Notwithstanding subsection (2), if the minister considers that it is necessary in order to protect the public interest, the minister may immediately amend, suspend or cancel an approval without giving the producer or producer responsibility organization mentioned in subsection (2) an opportunity to make written representations, but the minister shall give the producer or producer responsibility organization an opportunity to make written representations within 15 days after the date on which the minister takes any of those actions. 12 Sep 2025 cE-10.22 Reg 10 s10. Annual reporting 11(1) In this section, “reporting period” means: (a) the period commencing on January 1 and ending on December 31 of that same year; or (b) if a product stewardship program has not been operated for the period set out in clause (a), the period commencing on the date on which the minister approved the program and ending on December 31 of that same year. (2) On or before June 30 in each year, every producer or producer responsibility organization that operates a product stewardship program shall prepare and submit to the minister a written annual report that describes the activities of the product stewardship program during the previous reporting period. (3) A written annual report mentioned in subsection (2) must be in a form satisfactory to the minister and include: (a) the amount of electronic equipment: (i) sold or supplied into or in Saskatchewan by the producer on whose behalf the program is being operated; (ii) collected and sent to a sorting facility for diversion; (iii) recycled; (iv) recovered for energy; and (v) disposed of in a landfill; (b) the number and location of collection services by service type and any changes from the previous reporting period; 10 ELECTRONIC E-10.22 REG 10 EQUIPMENT STEWARDSHIP PROGRAM (c) the performance indicators set out in the product stewardship program, including: (i) the level of public awareness of the availability and functioning of the product stewardship program; (ii) the percentage of the population with access to a collection location; and (iii) any other performance indicators proposed by the producer or producer responsibility organization; (d) a comparison of the performance for the year against the performance indicator targets set out in the product stewardship program; (e) a description of educational materials and educational strategies used to advertise the product stewardship program and educate the Saskatchewan public; (f) a description of the efforts taken by or on behalf of the producers to reduce environmental impacts throughout the product life cycle and to increase reusability or recyclability at the end of the product life cycle; (g) the independently audited financial statements detailing: (i) the fees charged to producers participating in the product stewardship program for each product of electronic equipment, including an explanation of any significant changes to those fees; (ii) the total amount of fees collected from producers who are participating in the product stewardship program to fund the program; (iii) the amount spent to operate the product stewardship program in Saskatchewan; (iv) the amount paid out in recycling incentives, if any; (v) the costs incurred to administer the product stewardship program; and (vi) the amount spent on public education or public awareness and communication in Saskatchewan; and (h) any other information that the minister may reasonably require. 12 Sep 2025 cE-10.22 Reg 10 s11. RRS c E-10.22 Reg 6 repealed 12 The Electronic Equipment Stewardship Regulations are repealed. 12 Sep 2025 cE-10.22 Reg 10 s12. 11 ELECTRONIC EQUIPMENT STEWARDSHIP PROGRAM E-10.22 REG 10 Transitional 13(1) In this section, “former regulations” means The Electronic Equipment Stewardship Regulations, as those regulations existed on the day before the coming into force of these regulations. (2) Subject to subsections (3) and (4) but notwithstanding any other provision of these regulations, if a product stewardship program was approved pursuant to the former regulations and the approval for that product stewardship program is valid and not under suspension or cancellation on the day on which these regulations come into force: (a) the product stewardship program is deemed to be an approved product stewardship program for the purposes of these regulations until the minister receives an application pursuant to subsection (3) and approves the product stewardship program that is the subject of that application pursuant to these regulations; and (b) the product stewardship program may be dealt with pursuant to these regulations as if approved pursuant to these regulations but is subject to the same terms and conditions that were imposed pursuant to the former regulations. (3) Any producer operating a product stewardship program mentioned in subsection (2) or any producer responsibility organization operating a product stewardship program mentioned in that subsection on a producer’s behalf shall apply to the minister for approval of a product stewardship program pursuant to subsection 7(1) within 180 days after the day on which these regulations come into force. (4) Any producer required to operate a product stewardship program or any producer responsibility organization that has entered into an agreement to operate a product stewardship program on a producer’s behalf pursuant to the former regulations shall, if the product stewardship program has not been approved by the minister pursuant to the former regulations before the coming into force of these regulations, apply to the minister for approval of a product stewardship program pursuant to subsection 7(1) within 180 days after the day on which these regulations come into force. 12 Sep 2025 cE-10.22 Reg 10 s13. Coming into force 14 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 12 Sep 2025 cE-10.22 Reg 10 s14. 12 ELECTRONIC E-10.22 REG 10 EQUIPMENT STEWARDSHIP PROGRAM Appendix TABLE 1 [Section 2] Electronic Equipment Item Electronic Equipment 1. Desk top computers 2. Portable computers 3. Computer peripherals 4. Computer printers, scanners, fax machines and copying equipment, or any combination of these items 5. Floor-standing printers, copiers and multi-function devices 6. Display devices 7. Personal or portable audio or video playback systems or recording systems 8. Home audio or video playback or recording systems or Home Theatre in a Box 9. Video audio or video systems (after-market) 10. Cellular and non-cellular telephones and answering machines 11. Power tools and equipment, including devices in the following categories: (a) handheld; (b) bench-top, demolition and free-standing; (c) outdoor power equipment 12. Small appliances, including devices in the following categories: (a) time measurement; (b) weight measurement; (c) air treatment; (d) garment care; (e) personal care; (f) kitchen countertop; (g) cleaning; (h) arts, hobbies or crafts; (i) medical and monitoring 12 Sep 2025 cE-10.22 Reg 10. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2025