We are writing to inform you of regulatory changes that impact current and prospective members of the New Brunswick Paint Stewardship Program under the Designated Materials Regulation – Clean Environment Act (NB Reg 2024-37).
What’s changed?
As of July 15, 2024, the term “producer” officially replaces “brand owner” in the regulation. A producer is now defined as the first party in the supply chain that meets one of the following criteria:
- Brand holder of the designated material with a permanent establishment in Canada.
- Importer into New Brunswick with a permanent establishment in New Brunswick.
- Retailer in New Brunswick that supplies the designated material to consumers.
What does this mean for producers?
- Current NB Paint members must confirm whether they meet the new definition of producer.
- Paint suppliers not currently registered in NB may now have obligations under the new definition.
- All obligated producers must register with Recycle NB and Product Care by the required deadlines.
Transition timeline
- June 10, 2025 – December 31, 2025:
Brand owners currently registered under the 2008-54 Regulation remain obligated and must maintain valid registration with Recycle NB.
- By June 30, 2025:
All producers, as defined under NB Reg 2024-37, must register with Recycle NB.
- Effective January 1, 2026:
Recycle NB will cancel all 2008-54 registrations that do not qualify as “producers” under the 2024-37 Regulation.
Action required
Please identify the scenario that applies to your business and follow the required steps:
A. You are currently registered in NB and qualify as a “producer” under the 2024-37 Regulation:
- You remain obligated and must continue reporting and remitting fees.
No further action is needed at this time unless your producer status changes.
B. You are currently registered in NB but do NOT qualify as a “producer”:
- Responsibility transfers to another party in your supply chain.
- You must inform Product Care who the new obligated producer is.
- Complete this survey by June 30, 2025 to identify the correct producer: link
- Ensure the identified producer registers with both Product Care and Recycle NB by June 30, 2025.
C. You are not currently registered in NB but now qualify as a “producer”:
You must register with both Product Care and Recycle NB by June 30, 2025.
- Product Care: https://ehfreporting.com/
- Recycle NB: https://www.recyclenb.com/register
We encourage all members supplying designated paint materials into New Brunswick to review their supply chains and confirm their producer obligations under the updated regulation.
If you need assistance or have questions, please contact us at memberservices@productcare.org
Sincerely,
The Product Care Team