Dear New Brunswick Paint Program Member,
We are following up on our previous notice regarding the New Brunswick Paint Program. As noted, there have been updates to the regulation, and Recycle NB has highlighted the importance of confirming your status under the updated definitions (see attached letter). We encourage all members to review the revised definition of “producer” and ensure that your organization is properly registered with Recycle NB and Product Care, where applicable.
Updated Definition of an Obligated Producer
A company is considered obligated if
- the brand holder of the designated paint products has a permanent establishment in Canada.
- “Brand holder” means a person who owns or licenses a brand or otherwise has rights to market a product under that brand, as per Regulation 2024-37.
- “Permanent establishment” means
- a) in the case of a corporation, Income Tax Regulations (Canada) subsection 400(2); and
- b) in the case of an individual, Income Tax Regulations (Canada) subsection 2600(2).
- If there is not a brand holder with a permanent establishment in Canada, the importer of the designated paint products into New Brunswick if the importer has a permanent establishment in New Brunswick is considered to be the producer.
- If there is no such importer, the retailer of the designated paint products that supplies the designated material to the consumer is considered to be the producer.
Action Required
Please reply to this email by December 12, 2025 with one of the following responses:
- Yes – Our company is obligated under the updated regulation.
- No – Our company is not obligated under the updated regulation.
- Not sure – Please contact us at nbpaintrecycle@productcare.org and we can assist you in determining your status.
Your confirmation is needed so that Product Care can accurately submit the list of obligated producers to Recycle NB on whose behalf we are submitting the program plan.
Please note that obligated producers are not necessarily the same entities reporting and remitting EHFs. Producer obligations will be communicated to Recycle NB through the list of producers designating Product Care as their Producer Responsibility Organization (PRO).
Thank you for your prompt response and for supporting responsible stewardship in New Brunswick.