BILL 70
An Act to Amend the Beverage Containers Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Beverage Containers Act, chapter 121 of the Revised Statutes, 2011, is amended
aby repealing the definition “distributor” and substituting the following:
“distributor” means a person (distributeur)
awho sells, by wholesale or other means, beverages in beverage containers to a retailer or food service in the Province, or
bwho enters into a contract for the bottling of a beverage in a beverage container for sale to a retailer or food service in the Province.
bby adding the following definition in alphabetical order:
“agent” means, except in subsections 2(1.2) and (1.3), an agent to whom a distributor has assigned all or part of the distributor’s responsibilities under subsection 4(5). (représentant)
2 Section 2 of the Act is amended
aby adding before subsection (1) the following:
2( 0.1) In this section, “liquor” means liquor as defined in the Liquor Control Act.
bby repealing subsection (1) and substituting the following:
2( 1) Despite the definition of “distributor” in section 1, the New Brunswick Liquor Corporation is only a distributor of liquor for the purposes of this Act if
ait enters into a contract for the bottling of liquor in a beverage container for sale to a retailer or food service in the Province, or
bit imports into the Province liquor in a beverage container which is not otherwise covered by a plan approved under this Act.
cby adding after subsection (1) the following:
2( 1.1) For greater certainty, subsection (1) does not prevent the New Brunswick Liquor Corporation from acting as an agent of a distributor as provided for in subsection 4(5).
2( 1.2) Despite the definition of “distributor” in section 1, a person appointed as an agent of the New Brunswick Liquor Corporation under subsection 40.2(1) of the Liquor Control Act who, on behalf of the New Brunswick Liquor Corporation, sells liquor in beverage containers to the public for consumption off the premises is both a retailer and a distributor for the purposes of this Act.
2( 1.3) Despite the definition of “distributor” in section 1, a person appointed as an agent of the New Brunswick Liquor Corporation under subsection 40.1(1) of the Liquor Control Act who, on behalf of the New Brunswick Liquor Corporation, sells liquor in beverage containers to a food service in the Province is not a distributor for the purposes of this Act.
dby repealing subsection (2) and substituting the following:
2( 2) Despite the definitions of “retailer” and of “distributor” in section 1, a person authorized under the Liquor Control Act to sell or purchase and sell wine for sacramental purposes is both a retailer and a distributor for the purposes of this Act.
3 The heading “Plan for refilling or recycling of beverage container” preceding section 4 of the Act is repealed and the following is substituted:
Plan for the recycling or refilling of beverage container
4 Section 4 of the Act is amended
ain subsection (1) by striking out “under this section” and substituting “under subsection 5(1)”;
bin subsection (3) by striking out “submit to the Minister” and substituting “submit to the Minister for approval”;
cin subsection (4)
( i) by striking out the portion preceding paragraph a) of the French version and substituting the following:
4( 4) Le plan soumis par le distributeur en application du paragraphe (3) renferme :
( ii) by adding after paragraph (i) the following:
i.1 for each type of beverage container, a description of the performance measures used by the distributor to assess the goals and objectives of the distributor’s plan as well as the targets set by the distributor for each of the performance measures;
i.2a description of the greenhouse gas emission impacts that will result from the implementation of the plan and opportunities for reducing those impacts;
i.3a description of the distributor’s improvement initiatives designed to achieve efficiencies and cost savings in the management of beverage containers, including how the distributor will, to the extent possible, cooperate with other distributors to achieve such objectives;
i.4a description of the dispute resolution process between the distributor and a service provider or the distributor and a redemption centre;
i.5a description of the processes used to ensure counting and sorting accuracy;
i.6a communication plan for informing consumers of the plan, including consumers’ reasonable and free access to redemption centres;
dby adding after subsection (4) the following:
4( 4.1) As soon as the circumstances permit after a plan has been submitted to the Minister, the Minister shall
aapprove the plan for a period of time not to exceed five years, or
b reject the plan with written reasons.
4( 4.2) If the Minister rejects the plan, the Minister shall require the distributor to submit to the Minister within the time period specified by the Minister a new plan that addresses the matters the Minister raised in the Minister’s reasons.
4( 4.3) A distributor shall implement and comply with a plan approved by the Minister under this section.
5 Section 5 of the Act is amended
ain subsection (1) by striking out “plan submitted under subsection 4(3) is acceptable to the Minister” and substituting “plan submitted under subsection 4(3) is approved by the Minister”;
bin subsection (5) by striking out “plan approved under this section” and substituting “plan approved under paragraph 4(4.1)(a)”.
6 The Act is amended by adding after section 6 the following:
Period for which plan is effective
6.1 A plan approved under paragraph 4(4.1)(a) expires on the date set by the Minister, but the period of time for which the plan is to be effective shall not exceed five years.
Renewal of plan
6.2( 1) At least 90 days before the expiry date of a plan approved under paragraph 4(4.1)(a), a distributor shall submit a new plan to the Minister for review and approval.
6.2( 2) Sections 4 to 6.1 apply with the necessary modifications to a plan submitted under this section.
Annual report and other information
6.3 On or before June 1 in each year, a distributor shall provide the Minister with an annual report detailing the effectiveness during the previous calendar year of a plan referred to in section 4, including the following:
aa statement of the extent to which performance measures and targets, by each type of beverage container, are being achieved;
ba description of improvement initiatives designed to achieve efficiencies and cost savings in the management of beverage containers;
cthe types of information intended for consumers as well as the types of educational materials used to raise public awareness; and
dany other information requested by the Minister that relates to the plan.
7 Subsection 14(5) of the Act is repealed and the following is substituted:
14( 5) An operator of a redemption centre who accepts an empty beverage container shall pay to a person who delivers the beverage container to the redemption centre the amount of the refund prescribed by regulation:
aimmediately in cash; or
bby another method of payment agreed to by the operator and the person.
8 Schedule A of the Act is amended by adding after
the following:
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENT AND COMMENCEMENT
Transitional provisions
9( 1) Subject to subsection (2), in this section, “distributor” means a distributor as defined in section 1 of the Beverage Containers Act, as amended by section 1 of this Amending Act, taking into account section 2 of the Beverage Containers Act, as it existed immediately before April 1, 2022.
9( 2) As of April 1, 2022, in this section, “distributor” means a distributor as defined in section 1 of the Beverage Containers Act, as amended by section 1 of this Amending Act, taking into account section 2 of the Beverage Containers Act, as amended by section 2 of this Amending Act.
9( 3) A person who is not registered as a distributor under section 17 of the Beverage Containers Act and is required to be registered as of April 1, 2022, shall apply for registration under that section no later than February 1, 2022.
9( 4) No later than February 21, 2022, a distributor or a person referred to in subsection (3) shall submit to the Minister of Environment and Climate Change for approval a plan for the recycling or refilling of a beverage container for each type of beverage container used for beverages for which it will act as a distributor as of April 1, 2022.
9( 5) For greater certainty, the New Brunswick Liquor Corporation is not required to submit to the Minister of Environment and Climate Change for approval a plan for the recycling or refilling of a beverage container for each type of beverage container used for beverages for which it will no longer act as a distributor as of April 1, 2022.
9( 6) Section 4 of the Beverage Containers Act, as amended by section 4 of this Amending Act, applies with the necessary modifications for the purposes of subsection (4).
9( 7) If the Minister of Environment and Climate Change approves a plan for the recycling or refilling of a beverage container submitted to the Minister of Environment and Climate Change under subsection (4), the type of beverage container covered by the plan shall be deemed to be approved under subsection 5(1) of the Beverage Containers Act.
9( 8) Subsections 5(2) and (4) of the Beverage Containers Act apply with the necessary modifications for the purposes of subsection (7).
9( 9) A distributor or person referred to in subsection (3) that has submitted a plan under subsection (4) that has been approved by the Minister of Environment and Climate Change shall implement the plan beginning on April 1, 2022.
9( 10) For greater certainty, a plan for the recycling or refilling of a beverage container that is valid and in force on the commencement of this section continues to apply until April 1, 2022.
9( 11) Any exemption under subsection 2(3) of the Beverage Containers Act that is valid and in effect immediately before April 1, 2022, is revoked on April 1, 2022.
Consequential amendment
10 The definition “agent” in section 2 of New Brunswick Regulation 99-66 under the Beverage Containers Act is repealed.
Commencement
11 Section 2 of this Act comes into force on April 1, 2022.