FAQ
- What are the regulations?
On July 15, 2024 New Brunswick’s Designated Materials Regulation (2024-37) was amended under the Clean Environment Act (O.C. 2024-166). This regulation (New Brunswick Designated Materials Regulation) mandates that obligated producers establish systems for managing designated products, including lamps.
- Who is obligated as a “Producer”?
The amended regulation changed the obligated party definition from “brand owner” to “producer”.
The regulations (section 4(2)) define a producer, for lamps, in a hierarchal manner, as:
- the brand holder of the designated material if the brand holder has a permanent establishment in Canada;
- in the absence of a person referred to in paragraph (a), the importer of the designated material into New Brunswick if the importer has a permanent establishment in New Brunswick;
- in the absence of a person referred to in paragraph (a) or (b), the retailer of the designated material that supplies the designated material to the consumer.
- What action do I need to take now to comply with the regulation?
If not already done so, all producers must register with the regulator, Recycle NB, and designate a PRO on the registration form, as soon as possible.
- Registration should be completed through Recycle NB’s online form. A hard-copy registration form to be mailed to Recycle NB can also be found here.
- The first section of the registration form requires producers to provide basic contact details and company information. The final section requires producers to inform Recycle NB they wish to delegate their obligations under the Designated Materials Regulation.
To designate Product Care as your PRO, please include the below details in the final section of Recycle NB’s registration form – The information for any Producer Responsibility Organization (PRO) acting on behalf of the applicant:
Name: Niki Goodacre
Company Name: Product Care Association
Email: nblightrecycle@productcare.org
Telephone No.: 1-877-592-2972 Ext. 248
Mailing Address: 420-2238 Yukon Street, Vancouver, BC V5Y 3P2
- Can the Environmental Handling Fees be shown on sales receipts, advertisements, tags, etc. by producers?
According to Section 50(2) of the Regulation, recovered costs (such as EHFs) must be integrated by a producer or retailer:
- in the total advertised sales price of a lamp or product containing an easily removable lamp, and
- in the total sales price appearing on the receipt of sale.
However, according to Section 50(3) of the Regulation, a producer or retailer is not prohibited from informing the public that the total sales price of a designated material includes costs recovered under a stewardship plan and communicating the amount of those costs to the public.
Samples of sales receipts, advertisements, shelf tags, and price tags that comply with the Regulation will be available from Product Care.