Waste Reduction and Recovery Act
Consolidated act- Citation
- S.N.W.T. 2003, c.29
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.10 amended by Interpretation Act in force Oct. 31, 2017 (SI-006-2017)
- s.15 repealed by Miscellaneous Statute Law Amendment Act, 2010
- Regulations
- Summary Conviction Procedures Regulations, s.2 (under the Summary Conviction Procedures Act) → s.6
Interpretation
Definitions
1.In this Act,
"designated material" means a material designated under paragraph 4(b); (matériau désigné)
"distribute or sell", "distribution and sale" or "distribution or sale", in respect of a designated or prohibited material that is a package, includes the use of the package in the distribution or sale of a product; (distribuer ou vendre, distribution et vente ou distribution ou vente)
"Environment Fund" means the Environment Fund established under subsection 3(1); (Fonds environnemental)
"officer" means an officer appointed by the Minister under section 6; (agent d’exécution)
"package" means a container, holder, wrapper, bag, box, tray, bottle, can or packing material, or other packaging in which something is sold or transported; (emballage)
"prohibited material" means a manufactured product or a package designated as a prohibited material under subsection 5(1); (matériau interdit)
"recovery of waste" means the recycling or reuse of waste and the stages, processes and methods that may be involved in collecting and preparing waste for recycling and reuse; (récupération des déchets)
"retailer", in respect of a designated material, does not include a retailer that obtains the designated material in the Northwest Territories from a manufacturer or distributor; (détaillant)
"surcharge" means
(a) a refundable fee added to the price of a designated material for the purpose of encouraging the return of the designated material for recovery or proper disposal, and
(b) a non-refundable fee added to the price of a designated material and associated with a program in respect of the reduction of the waste of the designated material or the recovery of the designated material. (consigne)
Advisory Committee
Establishment of advisory committee
2.(1) The Minister may establish an advisory committee to provide advice and assistance relating to the establishment and operation of programs in respect of the reduction and recovery of waste.
(2) The Minister may
(a) appoint or provide for the appointment of members to the advisory committee;
(b) establish the term of office of any member; and
(c) designate a chairperson of the advisory committee.
(3) The Minister may specify the functions that the advisory committee is to perform and the manner in which the functions are to be performed.
Environment Fund
Establishment of Fund
3.(1) The Environment Fund, a special purpose fund as defined in subsection 1(1) of the Financial Administration Act, is established by this Act.
(2) All surcharges and other fees collected under the authority of this Act and the regulations must be paid into the Environment Fund.
(3) The assets of the Environment Fund may be used to pay for
(a) the establishment, operation and evaluation of programs in respect of the reduction or recovery of waste;
(b) education programs related to the reduction or recovery of waste;
(c) research and development activities related to the reduction or recovery of waste;
(d) the appropriate disposal of a designated or prohibited material as waste;
(e) expenses associated with the work of the advisory committee established under subsection 2(1); or
(f) other costs associated with programs, initiatives or activities in respect of the reduction or recovery of waste.
Waste Reduction and Recovery Programs
Establishment of programs
4.The Commissioner in Executive Council may, by regulation,
(a) establish one or more programs in respect of the reduction or recovery of waste;
(b) designate materials that are subject to a program established under paragraph (a); and
(c) require manufacturers, distributors or retailers to comply with programs established under paragraph (a).
Prohibited Material
Prohibited material
5.(1) Where the Commissioner in Executive Council is satisfied that the use of a manufactured product or a package will cause a significant impairment of the natural environment that cannot otherwise be prevented or mitigated, the Commissioner in Executive Council may, by regulation, designate the manufactured product or package as a prohibited material that must not be distributed or sold in the Northwest Territories.
(2) A regulation made under subsection (1) must include a schedule for the discontinuation of the distribution and sale of the prohibited material.
(3) Where the Commissioner in Executive Council makes a regulation under subsection (1), the Minister shall cause a notice of the regulation to be given by means of publication in a newspaper broadly circulated in the Northwest Territories, by radio or television broadcasts, or by a combination of these media.
Administration
Appointment of officers
6.The Minister may appoint officers for the administration and enforcement of this Act and the regulations.
Agreement with government of province or
7.(1) The Minister may enter into agreements with the government of a province or territory respecting the administration of
(a) this Act and the regulations; or
(b) any Act or regulation of a province or territory relating to the reduction or recovery of waste.
(2) The Minister and the Commissioner may enter into agreements with the Government of Canada in respect of the reduction or recovery of waste.
Inspection and Audit
Definitions
8.In sections 9 to 11,
"dwelling-house" means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes
(a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway, and
(b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence; (maison d’habitation)
"judge" means a judge of the Supreme Court; (juge)
"operator" means
(a) a manufacturer, distributor or retailer required to comply with the regulations, or
(b) the owner or manager of a facility contracted or employed by the Minister or by another person to receive, collect, store, transport, process, recycle or dispose of designated or prohibited material; (exploitant)
"place" includes a motor vehicle. (lieu)
Inspection, audit and examination
9.(1) An officer may, at all reasonable times, for any purpose related to the administration or enforcement of this Act and the regulations,
(a) inspect, audit or examine the books and records of an operator and any document of the operator or of any other person that relates or may relate to the information that is or that, under the regulations, should be in the books or records of the operator or to any amount that must be collected, paid or refunded by the operator under this Act or the regulations,
(b) examine any property or process of, or matter relating to, the operator, an examination of which may assist the officer in ascertaining the information that is or that, under the regulations, should be in the books or records of the operator or any amount that must be collected, paid or refunded by the operator under this Act or the regulations, and
(c) examine any property or process of, or matter relating to, the operator, an examination of which may assist the officer in monitoring compliance with requirements under the regulations for receiving, collecting, storing, transporting, processing, recycling or disposing of designated or prohibited material,
and for those purposes the officer may
(d) subject to subsection (2), enter into any premises or place where any business is carried on, any property is kept, anything is done in connection with any business, or any books or records are or should be kept, and
(e) require the owner or manager of the property or business and any other person on the premises or in the place to give the officer all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act and the regulations and, for that purpose, require the owner or manager to attend at the premises or place with the officer.
(2) If any premises or place referred to in paragraph (1)(d) is a dwelling-house, an officer may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (3).
(3) On application by the Minister that may be made ex parte, a judge may issue a warrant authorizing an officer to enter a dwelling-house subject to such conditions as are specified in the warrant, if the judge is satisfied by information on oath that
(a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in paragraph (1)(d),
(b) entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act or the regulations, and
(c) entry into the dwelling-house has been refused or that there are reasonable grounds to believe that entry will be refused.
Search warrant
10.(1) A judge may, on application by the Minister that may be made ex parte, issue a warrant authorizing any person named in the warrant to enter and search any building, receptacle or place for any document or thing that may afford evidence as to the commission of an offence under this Act or the regulations, and to seize the document or thing and, as soon as is practicable, bring it before the judge or make a report in respect of it to the judge, or if he or she is unable to act, to another judge of the same court to be dealt with in accordance with this section.
(2) An application under subsection (1) must be supported by information on oath establishing the facts on which the application is based.
(3) A judge may issue the warrant referred to in subsection (1) if he or she is satisfied that there are reasonable grounds to believe that
(a) an offence under this Act or the regulations has been committed;
(b) a document or thing that may afford evidence of the commission of the offence is likely to be found; and
(c) the building, receptacle or place specified in the application is likely to contain such a document or thing.
(4) A warrant issued under subsection (1) must refer to the offence for which it is issued, identify the building, receptacle or place to be searched, identify the person alleged to have committed the offence, and be reasonably specific as to any document or thing to be searched for and seized.
(5) Any person who executes a warrant under subsection (1) may seize, in addition to the document or thing referred to in that subsection, any other document or thing that the person believes on reasonable grounds affords evidence of the commission of an offence under this Act or the regulations, and shall as soon as is practicable bring the document or thing before, or make a report in respect of the document or thing to, the judge who issued the warrant, or if he or she is unable to act, another judge of the same court to be dealt with in accordance with this section.
(6) Subject to subsection (7), where any document or thing seized under subsection (1) or (5) is brought before a judge or a report in respect of such a document or thing is made to a judge, the judge shall, unless the Minister waives retention, order that it be retained by the Minister, who shall take reasonable care to ensure that it is preserved until the conclusion of any investigation into the offence in relation to which the document or thing was seized.
(7) Where any document or thing seized under subsection (1) or (5) is brought before a judge, or a report in respect of such a document or thing is made to a judge, the judge may, on his or her own motion or on summary application by a person with an interest in the document or thing, on at least three days notice of application to the Deputy Attorney General, order that the document or thing be returned to the person from whom it was seized or the person who is otherwise legally entitled to it, if the judge is satisfied that the document or thing
(a) will not be required for an investigation or a prosecution; or
(b) was not seized in accordance with the warrant or this section.
(8) The person from whom any document or thing is seized in accordance with this section is entitled, at all reasonable times and subject to such reasonable conditions as may be imposed by the Minister, to inspect the document or thing and to obtain one copy of the document at the expense of the Minister. S.N.W.T. 2017,c.19,s.48.
Copies
11.Where any document is seized, inspected, audited, examined or provided under section 9 or 10, an officer or the person by whom it is seized, inspected, audited or examined or to whom it is provided, may make or cause to be made one or more copies of the document and, in the case of an electronic document, make or cause to be made a print-out of the electronic document, and any document purporting to be certified by the Minister or an officer to be a copy of the document, or to be a print-out of an electronic document is evidence of the nature and content of the original document and has the same probative force as the original document would have if proved in the ordinary way.
Compliance
12.No person shall hinder or interfere with any person doing anything that the other person is authorized to do by or under sections 9 to 11, or prevent or attempt to prevent any person from doing any such thing, and notwithstanding any other Act or law, every person shall, unless the person is unable to do so, do everything the person is required to do by or under sections 9 to 11.
Offence and Punishment
Offence and punishment
13.(1) Every person who contravenes or fails to comply with this Act or the regulations is guilty of an offence, and except as otherwise provided in the regulations, is liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.
(2) Where an offence under this Act or the regulations is committed or continued on more than one day, the person who committed the offence may be charged with a separate offence for each day on which the offence is committed or continued.
(3) Where a person has been convicted of an offence under this Act or the regulations, the court may, in addition to any other penalty that may be imposed, order the person
(a) to pay into the Environment Fund any unpaid surcharges and other fees that are owing under this Act or the regulations; or
(b) to pay an additional fine that takes into account any monetary benefit, or estimated monetary benefit, that accrues to the convicted person as a result of the offence.
(4) No prosecution for an offence under this Act or the regulations may be commenced later than two years after the day on which the subject matter of the prosecution arose, or in the case of a continuing offence, later than two years after the last day on which the subject matter of the prosecution arose.
Regulations
Regulations
14.The Commissioner in Executive Council may make regulations in respect of the reduction and recovery of waste in the Northwest Territories and, without restricting the generality of this power to make regulations, may make regulations
(a) respecting the appointment of officers and the powers that may be exercised and the duties that must be performed by the officers appointed under section 6;
(b) defining "distribute", "distributor" and "manufacturer", and further defining "retailer", for the purposes of this Act;
(c) respecting the administration and operation of the Environment Fund;
(d) respecting programs in respect of the reduction or recovery of waste;
(e) establishing different classes of designated material for different purposes;
(f) respecting surcharges, including the amount of or the method of determining the amount of a surcharge, and the manner in which and the times at which surcharges are to be collected, paid or refunded;
(g) respecting notice of surcharges;
(h) providing for a system of registration of manufacturers, distributers or retailers that distribute or sell, or that wish to distribute or sell, a designated material in the Northwest Territories, and respecting requirements for registration and all matters related to a system of registration, including the revocation of registration and appeals from decisions in respect of registration;
(i) respecting terms and conditions that must be met by a manufacturer, distributor or retailer in order to distribute or sell a designated material in the Northwest Territories;
(j) respecting methods for the recovery of a designated material;
(k) respecting the manner in which a designated material is to be received, collected, stored, transported, processed, recycled or disposed of;
(l) respecting the establishment and operation of facilities to receive, collect, store, transport, process, recycle or dispose of a designated material, including qualifications of persons who may operate them;
(m) providing for a system of licencing of persons who operate facilities referred to in paragraph (l), and respecting requirements for licencing and all matters related to a system of licencing including the revocation of licences and appeals from decisions in respect of licences;
(n) authorizing and respecting the payment of fees to an operator of a facility referred to in paragraph (l);
(o) prescribing and respecting other fees, deposits, refunds or assessments in relation to a program in respect of the reduction or recovery of waste;
(p) respecting books and records that must be kept, including those that must be kept in the Northwest Territories, who must keep them, the manner in which they must be kept and what they must contain;
(q) respecting the officer to whom books and records must be provided, the manner in which they must be provided and the times at which they must be provided;
(r) exempting a category of manufacturers, distributors or retailers from the application of a program in respect of the reduction or recovery of waste;
(s) respecting the packaging and labeling of a designated material;
(t) respecting prohibited material, and exemptions from the prohibition on the distribution or sale of a prohibited material;
(u) prescribing fines and other penalties, including the forfeiture of prohibited material, to be imposed on summary conviction for the contravention of or the failure to comply with this Act or the regulations; and
(v) respecting any other matter that the Commissioner in Executive Council considers necessary for carrying out the purposes and provisions of this Act.
Repealed, S.N.W.T. 2010,c.16,Sch.B,s.31.