Beverage Container Regulations

Regulation
Registration
R-067-2005
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Waste Reduction and Recovery Act

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.1 amended by R-001-2010,s.2 in force Feb. 15, 2010
  • s.2 amended by R-001-2010,s.3 in force Feb. 15, 2010
  • s.3 amended by R-064-2006,s.2
  • s.3 amended by R-070-2015,s.2 in force Feb. 1, 2016
  • s.7.1 amended by R-070-2015,s.3 in force Feb. 1, 2016
  • s.11 amended by R-070-2015,s.4 in force Feb. 1, 2016
  • s.15 amended by R-070-2015,s.5 in force Feb. 1, 2016
  • s.15.1 amended by R-070-2015,s.6 in force Feb. 1, 2016
  • s.17 amended by R-070-2015,s.7 in force Feb. 1, 2016
  • s.19 amended by R-001-2010,s.4 in force Feb. 15, 2010
  • s.19 amended by R-070-2015,s.8 in force Feb. 1, 2016
  • s.21 amended by R-070-2015,s.9 in force Feb. 1, 2016
  • s.22 amended by R-070-2015,s.10 in force Feb. 1, 2016
  • s.25 amended by R-070-2015,s.11 in force Feb. 1, 2016
  • s.28 amended by R-070-2015,s.12 in force Feb. 1, 2016
  • s.sched_1 amended by R-070-2015,s.13 in force Feb. 1, 2016
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 7.1. 7.1 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 15.1. 15.1 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. 27 28. 28 29. 29 30. 30 SCHEDULE

The Commissioner in Executive Council, under sections 4 and 14 of the Waste Reduction and Recovery Act and every enabling power, makes the Beverage Container Regulations.

REGULATIONS

INTERPRETATION

1.

In these regulations,

"application" means an application for

(a) registration as a distributor, or

(b) a licence for a depot or processing centre; (demande)

"beverage container" means a bottle, can, plastic cup or paperboard carton or a package made of metal, plastic, paper, glass or other material, or a combination of them, that contains or contained a beverage, including milk and liquid milk products, that is ready for consumption; (contenant de boisson)

"Chief Environmental Protection Officer " means the Chief Environmental Protection Officer appointed under the Environmental Protection Act; (directeur de la protection de l’environnement)

"depot" means a licensed facility for receiving empty beverage containers from the public; (centre d’entreposage)

"depot operator" means the owner or operator of a depot and includes a person acting or purporting to act on behalf of the owner or operator; (exploitant d’un centre d’entreposage)

"distribute or sell" includes to offer to distribute or sell, but does not include any subsequent distribution or sale of a beverage container that was previously distributed or sold by a distributor; (distribuer ou vendre)

"distributor" means a person registered as a distributor under these regulations; (distributeur)

"licence" means a licence to operate a depot or a processing centre; (permis)

“licence holder” means a person who holds a licence to operate a depot or a processing centre; (titulaire de permis)

"manufacturer" means a person who manufactures beverage containers filled with a beverage or who fills beverage containers with a beverage, and the term "manufacture" has a corresponding meaning; (fabricant)

"milk and liquid milk products" means milk and cream from a domestic ruminant, liquid milk and cream substitutes, buttermilk, condensed milk, eggnog, evaporated milk, flavoured milk, liquid meal replacements containing milk, milkshake beverages, nut milk, rice milk, soy milk and yogurt beverages; (lait et produits du lait liquides)

"processing centre" means a licensed facility that accepts empty beverage containers from a depot; (centre de traitement)

"processing centre operator" means the owner or operator of a processing centre and includes a person acting or purporting to act on behalf of the owner or operator; (exploitant d’un centre de traitement)

"registration" means registration as a distributor; (inscription)

"spirits" has the same meaning as in the Liquor Act, but does not include any mixed liquid, a part of which is alcoholic or spirituous; (spiritueux)

"surcharge" means a surcharge required under section 17 in respect of a beverage container. (consigne) R-001-2010,s.2.

BEVERAGE CONTAINER PROGRAM

2.

(1) The beverage container program is established in accordance with these regulations.

(2) A beverage container is a designated material and subject to the program established by subsection (1), unless it is

(a) a beverage container

(i) containing infant formula, or

(ii) for milk and liquid milk products that has a capacity less than 30 ml;

(b) an empty beverage container intended for retail sale without being filled; or

(c) an unsealed beverage container filled with a beverage at the time of retail sale.

R-001-2010,s.3.

Administration of Program and

Environment Fund

3.

(1) The Chief Environmental Protection Officer shall administer the beverage container program, and in particular may

(a) register distributors and license depots and processing facilities;

(b) determine the amount, manner and frequency of payments

(i) to depot operators by processing centre operators, and

(ii) to processing centre operators from the Environment Fund;

(c) establish the form and manner for

(i) applications and renewals of registrations and licences, and

(ii) the maintenance and submission of books and records required to be kept or submitted by distributors and licence holders by the Act or these regulations;

(d) impose terms and conditions on registrations and licences;

(e) establish rules for the amendment and renewal of registrations and licences;

(f) suspend and cancel registrations and licences;

(g) establish rules respecting the operation and administration of depots and processing centres; and

(h) monitor the maintenance and submission of books and records in respect of transactions in beverage containers by distributors, depot operators and processing centre operators.

(2) The Chief Environmental Protection Officer may, in writing, delegate to an officer his or her powers and duties under the following provisions:

(a) paragraphs (1)(a) and (d);

(b) subsections 10(1), (2), (3), (4), (6) and (7);

(c) subsections 11(2) and (4);

(d) subsections 12(1) and (2);

(e) section 14;

(f) subsections 21(2) and (4);

(g) subsection 28(1);

(h) section 29.

(3) A delegation under paragraph (2)(a) may not include a delegation of the Chief Environmental Protection Officer’s power under subsection 9(5). R-064-2006,s.2; R-070-2015,s.2.

4.

The fiscal year of the Environment Fund is the same as for the Government of the Northwest Territories.

5.

The Minister shall lay an annual report relating to the operation of the beverage container program before the Legislative Assembly containing, in respect of that fiscal year,

(a) the total number of licences issued and registrations made;

(b) the total number of convictions for offences under the Act;

(c) the total number of beverage containers distributed or sold in the Northwest Territories, on the basis of information reported by the distributors;

(d) the total number of beverage containers returned in the Northwest Territories, on the basis of information reported by the processing centres;

(e) the rate of recovery of beverage containers, on the basis of information reported by the distributors and processing centres;

(f) the report of the auditor on the examination of the auditor of the accounts and financial transactions of the Environment Fund; and

(g) any other information that the Minister considers necessary.

Prohibitions

6.

No person shall, unless registered as a distributor,

(a) operate as a manufacturer in the Northwest Territories; or

(b) distribute or sell a beverage container in the Northwest Territories.

7.

No distributor shall distribute or sell or permit to be distributed or sold in the Northwest Territories a beverage container

(a) on which is written, stamped or in any way inscribed or to which is attached any label, cap or any other thing indicating

(i) that the beverage container is not returnable, or

(ii) that no refund is payable with respect to the beverage container; or

(b) for which no surcharge has been paid to the Environment Fund.

7.1.

(1) No retailer shall purchase or otherwise obtain a beverage container for distribution or sale to customers from a person who is not registered as a distributor under these regulations.

(2) No retailer who charges a fee for a beverage container which is set out separately on the customer receipt shall collect from the customer an amount greater than the surcharge payable with respect to that container. R-070-2015,s.3.

8.

(1) No person shall, unless licensed for that purpose under these regulations,

(a) operate a facility for receiving empty beverage containers from the public;

(b) operate a facility that accepts empty beverage containers from a depot; or

(c) pay cash refunds on empty beverage containers to the public.

(2) Subsection (1) does not prohibit a person or group of persons from collecting empty beverage containers from the public for the purpose of delivering them to a depot for a refund.

Applications

9.

(1) An application for registration as a distributor or a licence for a depot or processing centre must be made to the Chief Environmental Protection Officer.

(2) The applicant shall

(a) make an application in the form and manner approved by the Chief Environmental Protection Officer;

(b) provide the information required in the application form; and

(c) provide such additional relevant information as the Chief Environmental Protection Officer may reasonably require to determine whether the applicant should be registered or licensed, as the case may be, and the appropriate terms and conditions to impose on the registration or licence, if any.

(3) In an application, the onus is on the applicant to establish that he or she is eligible to be registered or licensed.

(4) A person is not eligible to be registered or licensed if he or she was convicted of an offence under the Act within the previous five years.

(5) If a request is made in the form and manner approved by the Chief Environmental Protection Officer, the Chief Environmental Protection Officer may exempt an applicant from the effects of subsection (4), if satisfied that the offence was a minor infraction.

(6) A person whose registration or licence is suspended or cancelled is not eligible to be registered or licensed until the period of suspension or cancellation expires.

(7) An applicant for a licence must make a separate application for each depot or processing centre to be licensed.

(8) An applicant may, at the same time, make more than one application, including applications for both a registration and one or more licences.

10.

(1) The Chief Environmental Protection Officer shall refuse to register a distributor or issue a licence if

(a) the applicant is not eligible and was not exempted under subsection 9(5); or

(b) the applicant fails to comply with subsections 9(2) and (3).

(2) The Chief Environmental Protection Officer may refuse to issue a licence if in his or her opinion

(a) there is insufficient local demand for the proposed depot or processing centre; or

(b) other financial or operational considerations would make the proposed depot or processing centre unworkable.

(3) After reviewing an application, the Chief Environmental Protection Officer shall

(a) issue, make or renew the licence or registration, as the case may be;

(b) refuse to issue, make or renew the licence or registration, as the case may be; or

(c) determine that he or she requires additional information before he or she can decide whether to license or register the applicant and the appropriate terms and conditions to impose on the licence or registration, if any.

(4) The Chief Environmental Protection Officer shall send a written notice to an applicant

(a) advising the applicant of the decision made under subsection (3); and

(b) specifying the reasons for any refusal or, if further information is required, specifying what further information is required and inviting the applicant to respond with that information within 30 days or such longer period of time as the Chief Environmental Protection Officer may specify.

(5) A notice referred to in subsection (4) must be sent by registered mail,

(a) in the case of an application to renew a registration or licence, within 21 days of receipt of the application; and

(b) in the case of an application for a new registration or licence, within 45 days of receipt of the application.

(6) After considering any response from the applicant under paragraph (4)(b), the Chief Environmental Protection Officer shall

(a) make a decision referred to in paragraph (3)(a) or (b); and

(b) send a written notice to the applicant advising the applicant of the decision made and specifying the reasons for any refusal.

(7) If no response is received from the applicant under paragraph (4)(b) within the period of time specified under that paragraph, the Chief Environmental Protection Officer shall

(a) consider the application to have been abandoned; and

(b) send a written notice to the applicant advising the applicant that the application is considered abandoned.

(8) A notice under subsection (6) or (7) must be sent by registered mail,

(a) in the case of subsection (6), within 45 days of receipt of the applicant’s response referred to in paragraph (4)(b); and

(b) in the case of subsection (7), at the end of the period of time specified under paragraph 4(b).

Terms and Conditions

11.

(1) A registration authorizes the distributor to operate as a manufacturer or to distribute or sell beverage containers in accordance with the registration and subject to any terms and conditions imposed by the Chief Environmental Protection Officer.

(2) The Chief Environmental Protection Officer may impose terms and conditions on a registration that he or she considers necessary for the proper functioning

(3) A licence authorizes the holder to operate one depot or one processing facility in accordance with the licence and subject to any terms and conditions imposed by the Chief Environmental Protection Officer.

(4) The Chief Environmental Protection Officer may impose terms or conditions on a licence respecting

(a) the receiving, collecting, handling, storing, transporting, processing, recycling and disposal of empty beverage containers;

(b) the type of empty beverage containers that may be received or accepted;

(c) the return of refundable deposits on empty beverage containers brought into depots or processing centres; and

(d) any other term or condition necessary for the proper functioning of the beverage container program.

(4.1) The Chief Environmental Protection Officer shall include as a term or condition of each processing centre licence the requirement to pay depot operators the amount determined under subparagraph 3(1)(b)(i).

(5) No distributor shall contravene a term or condition of its registration.

(6) No licence holder shall contravene a term or condition of its licence. R-070-2015,s.4.

12.

(1) A registration expires five years after the date of the registration or such earlier date as may be specified by the Chief Environmental Protection Officer.

(2) A licence expires five years after the date of its issue or such earlier date as may be specified by the Chief Environmental Protection Officer.

(3) A registration or licence may be renewed in a form approved by the Chief Environmental Protection Officer and in the same manner as an application.

13.

(1) A registration or a licence is not transferable.

(2) If a distributor is a corporation, its registration is cancelled upon any transfer of voting control of the corporation.

(3) No person shall purport to transfer a registration or licence, or any rights or privileges that it carries, to any other person.

Amendment, Suspension and Cancellation

14.

The Chief Environmental Protection Officer may on his or her own initiative, or on request from the distributor or licence holder, amend a registration or licence if he or she considers it necessary or advisable, including

(a) making it subject to new or additional terms and conditions; or

(b) modifying, removing or substituting terms and conditions to which it is subject.

15.

(1) The Chief Environmental Protection Officer may suspend or cancel a registration or licence, if

(a) he or she considers that

(i) the registration or licence

(A) was issued in reliance on a false or misleading representation, or

(B) was issued contrary to these regulations,

(ii) the distributor or licence holder was not eligible to be registered or licensed when the registration or licence was issued or has become ineligible to be registered or licensed,

(iii) the registration was made in error or the licence was issued in error,

(iv) the distributor or licence holder has failed to comply with the Act or these regulations or a term or condition of its registration or licence, as the case may be,

(v) the suspension or cancellation is in the public interest; or

(b) the distributor or licence holder has ceased to carry on business and has not surrendered its registration or licence under section 15.1.

(c) Repealed, R-070-2015,s.4.

(2) The Chief Environmental Protection Officer may reinstate a suspended registration or licence, if he or she is satisfied by the person whose registration or licence was suspended that the grounds for the suspension no longer exist. R-070-2015,s.5.

15.1.

(1) The Chief Environmental Protection Officer may, in accordance with this section, cancel a registration or licence that has been surrendered by a distributor or licence holder.

(2) The Chief Environmental Protection Officer shall send a written notice of the cancellation by registered mail to the distributor or licence holder.

(3) The cancellation takes effect immediately or on a later date specified in the notice referred to in subsection (2). R-070-2015,s.6.

16.

(1) The Chief Environmental Protection Officer shall, prior to amending, suspending or cancelling a registration or licence, send a written notice by registered mail to the distributor or licence holder

(a) advising it that the registration or licence is being reviewed and may be amended, suspended or cancelled;

(b) stating the reasons for the review; and

(c) inviting it to respond in writing within 30 days.

(2) The Chief Environmental Protection Officer shall, in reviewing a registration or licence, consider any written response received under paragraph (1)(c).

(3) The Chief Environmental Protection Officer shall, after the review, render a written decision, with reasons, on whether to amend, suspend or cancel the registration or licence.

(4) A copy of the decision referred to in subsection

(3) must be sent by registered mail to the distributor or licence holder.

(5) The amendment, suspension or cancellation of a registration or licence takes effect immediately, or on a later date specified in the decision by the Chief Environmental Protection Officer.

Payment of Surcharges

17.

(1) A distributor shall pay, in accordance with this section, a surcharge in respect of each beverage container it distributes or sells in the Northwest Territories.

(2) The surcharge may be paid on behalf of a distributor by the distributor’s parent company or an affiliated company of the distributor.

(3) The amount of the surcharge is the total of the refundable deposit and handling fee payable in accordance with the criteria set out in the Schedule.

(4) Payments of surcharges must be made on a monthly basis, at the same time as the record required under subsection 25(2), to the Chief Environmental Protection Officer for credit to the Environment Fund.

(5) The monthly payment must include the surcharges payable in respect of every beverage container the distributor distributed or sold during the previous month.

(6) For greater certainty when interpreting this section,

(a) only one surcharge is payable in respect of any one beverage container;

(b) the surcharge payable in respect of a beverage container is to be included in the monthly payment at the earliest of the time the beverage container is distributed or sold; and

(c) an offer to distribute or sell a beverage container does not by itself trigger the obligation to pay the surcharge.

R-070-2015,s.7.

Depots

18.

A depot operator shall, in accordance with its licence, receive empty beverage containers from the public and deliver the empty beverage containers it receives to a processing centre.

19.

(1) Subject to subsection (2), when a person presents to a depot operator an empty beverage container, the depot operator shall

(a) accept the empty beverage container; and

(b) pay the person a cash refund equal to the refundable deposit portion of the surcharge payable in accordance with the criteria set out in the Schedule.

(2) A depot operator may refuse to receive an empty beverage container and shall refuse to pay a refund under these regulations for an empty beverage container that

(a) is incomplete, contaminated, contains residual matter or, if it is a glass beverage container, broken;

(b) is not capable of being cleaned by normal washing;

(c) can reasonably be identified by the depot operator as not being an empty beverage container that the depot is licensed to receive; or

(d) can reasonably be identified by the depot operator as being an empty beverage container that was manufactured, distributed or sold by a person who is not a distributor.

R-001-2010,s.4; R-070-2015,s.8.

20.

No person shall present to a depot for a refund an empty beverage container that the person knows or ought reasonably to know was manufactured, distributed or sold by a person who is not a distributor.

Processing Centres

21.

(1) A processing centre operator shall, in accordance with its licence, accept empty beverage containers from depots.

(2) A processing centre operator, on accepting empty beverage containers from a depot, shall, in accordance with its licence and the instructions of the Chief Environmental Protection Officer, pay the depot operator for each empty beverage container accepted from the depot operator an amount equal to

(a) the refundable deposit portion of the surcharge payable in accordance with the criteria set out in the Schedule; and

(b) the amount determined by the Chief Environmental Protection Officer under subparagraph 3(1)(b)(i) and set out in its licence, for each empty beverage container accepted from the depot operator and in respect of which a cash refund was paid by the depot operator.

(3) A processing centre operator may refuse to accept an empty beverage container and shall refuse to make a payment under these regulations for an empty beverage container that

(a) is incomplete, contaminated or, if it is a glass beverage container, broken;

(b) is not capable of being cleaned by normal washing;

(c) can reasonably be identified by the processing centre operator as not being an empty beverage container that the processing centre is licensed to accept; or

(d) can reasonably be identified by the processing centre operator as being an empty beverage container that was manufactured, distributed or sold by a person other than a distributor.

(4) Subsection (3) does not apply if the condition of the beverage container is attributable to an alteration made to the beverage container on the instructions of the Chief Environmental Protection Officer for the purposes of transportation.

(5) No payment shall be made to a depot operator for empty beverage containers that the depot is not licensed to receive.

(6) A processing centre operator shall not accept empty beverage containers from any source other than a depot. R-070-2015,s.9.

Appeals

22.

(1) An applicant, distributor or licence holder may appeal to the Minister the following decisions of the Chief Environmental Protection Officer:

(a) a decision to refuse to register the applicant or issue a licence to the applicant under section 10, other than a decision under subsection 10(1);

(b) a decision to amend the distributor's registration or the licence holder's licence under section 14;

(c) a decision to suspend or cancel the distributor's registration or the licence holder's licence under subsection 15(1).

(2) An appeal must be in writing and received by the Minister no later than 30 days after the copy of the decision was received by the appellant.

(3) The Minister shall

(a) within 30 days after receiving an appeal, appoint an advisor to advise and make recommendations to the Minister respecting the appeal; and

(b) consider the advice and recommendations made under paragraph (a) and any written representations received and render a written decision on the appeal with reasons, no later than 60 days after receiving the appeal.

(4) No person shall be appointed under paragraph (3)(a) who works in the department of the Government of the Northwest Territories that administers the Act.

(5) A copy of a decision referred to in paragraph (3)(b) must be sent to the appellant by registered mail.

(6) The Minister's decision on an appeal is final. R-070-2015,s.10.

23.

(1) A depot operator may appeal to the Chief Environmental Protection Officer any refusal of a processing centre operator to make a payment in respect of an empty beverage container for which the depot operator has paid a refundable deposit.

(2) An appeal must be in writing and received by the Chief Environmental Protection Officer and the processing centre operator no later than 30 days after the processing centre operator refused to make the payment.

(3) The Chief Environmental Protection Officer shall

(a) consider any written representations received from the depot operator and processing centre operator; and

(b) render a written decision on the appeal with reasons, no later than 45 days after receiving the appeal.

(4) A copy of a decision referred to in subsection

(3) must be sent to the depot operator and the processing centre operator by registered mail.

(5) The Chief Environmental Protection Officer’s decision on an appeal is final.

(6) The processing centre operator shall comply with any decision in favour of the depot operator within 30 days of receipt of the decision.

24.

An application for judicial review of any decision under these regulations does not operate as a stay or suspend the operation of the decision, unless the judge hearing the matter decides otherwise.

Books and Records

25.

(1) A distributor, a retailer, a depot operator and a processing centre operator shall maintain accurate books and records in the form and manner required by the Chief Environmental Protection Officer and submit them to the Chief Environmental Protection Officer in accordance with this section and the instructions of the Chief Environmental Protection Officer.

(2) A distributor shall, within 30 days of the end of each month, submit a record in the form and manner required by the Chief Environmental Protection Officer stating, for the previous month,

(a) the number of each type of beverage container the distributor has distributed or sold;

(b) the total surcharge owed by the distributor to the Environment Fund for each type of beverage container distributed or sold; and

(c) any other relevant information reasonably required by the Chief Environmental Protection Officer to determine if the distributor is complying with the Act and these regulations.

(3) For greater certainty, an offer to distribute or sell a beverage container does not need to be reported under subsection (2).

(3.1) A retailer shall, on the request of the Chief Environmental Protection Officer, submit a record in the form and manner, and for the period, required by the Chief Environmental Protection Officer, stating the name of each distributor from whom beverage containers were obtained during that period.

(4) A depot operator shall, within 30 days of the end of each month, submit a record in the form and manner required by the Chief Environmental Protection Officer stating, for the previous month,

(a) the number of each type of empty beverage container received by the depot;

(b) the processing centre to which the empty beverage containers were delivered; and

(c) any other relevant information reasonably required by the Chief Environmental Protection Officer to determine if the depot operator is complying with the Act and these regulations.

(5) A processing centre operator shall, within 30 days of the end of each month, submit a record stating, for the previous month,

(a) the number of each type of empty beverage container accepted by the processing centre;

(b) the payments made to depot operators for each empty beverage container accepted; and

(c) any other relevant information reasonably required by the Chief Environmental Protection Officer to determine if the processing centre is complying with the Act and these regulations.

(6) A distributor, depot operator or processing centre operator may submit the records referred to in this section more frequently than once a month.

(7) Each distributor and processing centre operator shall, in a form and manner approved by the Chief Environmental Protection Officer,

(a) maintain accurate books of account detailing all monies collected and paid under these regulations; and

(b) submit a copy of those books of account by June 30 of each year to the Chief Environmental Protection Officer.

R-070-2015,s.11.

26.

(1) A processing centre operator shall conduct the operations of the processing centre in a manner that protects the confidentiality of proprietary information of depot operators.

(2) Distributors, depot operators and processing centre operators shall maintain the books and records required by the Act and these regulations for a period of six years after the year in which the books or records were produced.

(3) Copies of any books or records referred to in subsection (2) must be provided to the Chief Environmental Protection Officer upon request.

27.

No person shall knowingly make a false or misleading statement

(a) in an application;

(b) in a book, record or report to be made, kept or supplied by a distributor, depot operator or processing operator under the Act or these regulations; or

(c) to the Chief Environmental Protection Officer or an officer when required to provide the information under the Act or these regulations.

Payments from the Environment Fund

28.

(1) The Chief Environmental Protection Officer shall, from the Environment Fund, pay the processing centre operator for each empty beverage container accepted by it from depots an amount equal to

(a) the refundable deposit portion of the surcharge payable in accordance with the criteria set out in the Schedule;

(b) the amount determined by the Chief Environmental Protection Officer under subparagraph 3(1)(b)(i) and set out in the processing centre licence, for each empty beverage container accepted by the processing centre and in respect of which a cash refund was paid by the depot operator; and

(c) the amount determined by the Chief Environmental Protection Officer under subparagraph 3(1)(b)(ii), for each empty beverage container accepted by the operator of the processing centre and reported and in respect of which a refund was paid to a depot operator.

(2) Notwithstanding subparagraph 3(1)(b)(ii), the payments under subsection (1) are to be made at least once a month in accordance with the records submitted by the processing centre operator. R-070-2015,s.12.

29.

The Chief Environmental Protection Officer may, in his or her discretion, make payments from the Environment Fund to a processing centre operator to offset, in whole or in part, the reasonable transportation costs incurred in transporting empty beverage containers.

COMMENCEMENT

30.

These regulations come into force on the day on which they are registered under the Statutory Instruments Act, other than sections 6, 7, 8, 17, 18, 19, 20, 21, 23, 25, 28 and 29 and the Schedules, which come into force on November 1, 2005.

SCHEDULE

Criteria for Beverage Containers

Volume Type Refundable in Litres Deposit

# 1 Glass $0.10

Aluminum $0.10

Plastic $0.10

Tetra Pak/Drink Pouch $0.10

Gable Top $0.10

Bi-Metal $0.10

Refillable glass bottles $0.10

> 1 Glass $0.25

Plastic $0.25

Tetra Pak/Drink Pouch $0.25

Gable Top $0.25

Bi-Metal $0.25

Bag-in-a-Box $0.25

* Amount shown does not include any applicable GST.

R-070-2015,s.13.