Electronics Recycling Regulations

Regulation
Registration
R-071-2015
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.

Cites
Cited by
  • None.
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 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 31. 31 32. 32 33. 33 34. 34 35. 35 36. 36 SCHEDULE (Sections 2 and 17)

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

INTERPRETATION

1.

In these regulations,

"application" means an application for

(a) registration as a distributor, or

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

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

"collection event" means a licensed event for collecting electronics from the public; (activité de collecte)

"collection event operator" includes a person acting or purporting to act on behalf of the operator of a collection event; (organisateur d’activité de collecte)

"depot" means a licensed facility for receiving electronics from the public or from a collection event; (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; (distribuer ou vendre)

"distributor" means a person registered as a distributor as required under section 5; (distributeur)

"electronics" means any electronic device falling within a category of electronics specified in column 1 of the Schedule, including, but not limited to, the devices set out in column 2 of the Schedule but not including a device that is incapable of operating on a stand-alone basis; (matériel électronique)

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

"licence holder" means a person who holds a licence to operate a collection event, depot or a processing centre; (titulaire de permis)

"processing centre" means a licensed facility that accepts electronics from a depot or a collection event for consolidation; (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)

"surcharge" means the environmental handling surcharge required under section 17 in respect of new electronics. (droit environnemental)

ELECTRONICS RECYCLING PROGRAM

Establishment of Program

2.

(1) The electronics recycling program is established in accordance with these regulations.

(2) Each of the electronic devices falling within a category of electronics specified in column 1 of the Schedule, including, but not limited to, the devices set out in column 2 of the Schedule is a designated material and subject to the program established by subsection (1).

Administration of Program and

Environment Fund

3.

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

(a) register distributors and license collection events, depots and processing centres;

(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 collection events, depots and processing centres; and

(h) monitor the maintenance and submission of books and records in respect of transactions in electronics by distributors and licence holders.

(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 9(1), (2), (3), (4), (6) and (7);

(c) subsections 10(2), (4) and (5);

(d) subsections 11(1) and (2);

(e) section 13;

(f) subsections 26(2) and (4);

(g) subsection 33(1);

(h) section 34.

(3) A delegation under paragraph (2)(a) may not include a delegation of the Chief Environmental Protection Officer’s power under subsection 8(5).

4.

The annual report laid before the Legislative Assembly, as required under the Beverage Container Regulations, must also contain

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

(b) the total quantity of electronics returned in the Northwest Territories, on the basis of information reported by the processing centres.

Prohibitions

5.

No person shall, unless registered as a distributor,

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

(b) distribute or sell new electronics in the Northwest Territories.

6.

No distributor shall distribute or sell new electronics in the Northwest Territories, or permit new electronics to be distributed or sold in the Northwest Territories, for which no surcharge has been paid to the Environment Fund.

7.

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

(a) operate an event for collecting electronics from the public;

(b) operate a facility for receiving electronics from the public or from collection events; or

(c) operate a facility that accepts electronics from a depot or from collection events.

Applications

8.

(1) An application for registration as a distributor or a licence for a collection event, 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 to operate a depot or processing centre 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.

9.

(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 8(5); or

(b) the applicant fails to comply with subsections 8(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 collection event, depot or processing centre; or

(b) other financial or operational considerations, including those relevant to the functioning of all programs established under the Act in respect of the reduction and recovery of waste, would make the proposed collection event, 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

10.

(1) A registration of a distributor authorizes the distributor to operate as a manufacturer of new electronics or to distribute or sell new electronics 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 of the electronics recycling program.

(3) A licence authorizes the holder to operate one or more collection events or a single depot or 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 collecting, receiving, handling, storing, transporting, processing, recycling and disposal of electronics;

(b) the category of electronics that may be collected, received or accepted; and

(c) any other matter relating to the proper functioning of the electronics recycling program.

(5) 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).

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

(7) No licence holder shall contravene a term or condition of its licence.

11.

(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.

12.

(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

13.

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.

14.

(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, or

(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 16.

(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.

15.

(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.

16.

(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).

Payment and Collection of Surcharges

17.

(1) A distributor shall pay, in accordance with this section, an environmental handling surcharge in respect of new electronics it distributes or sells in the Northwest Territories.

(2) Subsection (1) does not apply to a distribution or sale of new electronics that were previously distributed or sold by a distributor in the Northwest Territories.

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

(4) The amount of the surcharge for each electronic device falling within a category of electronics specified in column 1 of the Schedule, including, but not limited to, the devices set out in column 2 of the Schedule, is the corresponding amount set out in column 3 of the Schedule.

(5) Payments of surcharges must be made to the Chief Environmental Protection Officer for credit to the Environment Fund at the same time as the record is required to be submitted under subsection 30(2).

(6) The payment must include the surcharges payable by the distributor in respect of electronics distributed or sold during the reporting period under section 30.

(7) For greater certainty, when interpreting this section,

(a) only one surcharge is payable in respect of any one electronic device;

(b) the surcharge payable in respect of electronics is to be included in the payment to the Chief Environmental Protection Officer at the earliest of the time the electronics are distributed or sold; and

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

18.

(1) A distributor that distributes or sells electronics for which a surcharge is payable under these regulations shall collect from the person to whom the electronics are distributed or sold, in addition to any amount charged for the cost of the electronics, an amount equal to the surcharge payable.

(2) A distributor shall provide to the person from whom the surcharge has been collected a receipt itemizing the electronics distributed or sold and the total amount of the surcharge collected for the electronics.

(3) A distributor that obtains electronics from another distributor along with a receipt provided under subsection (2) shall retain the receipt for the purpose of accounting under section 30 for surcharges owed.

19.

A distributor shall not distribute or sell, or offer to distribute or sell, electronics for which a surcharge is payable under these regulations without collecting the surcharge.

Collection Events

20.

A collection event operator shall, in accordance with its licence, collect electronics from the public and deliver the electronics it collects to a depot or processing centre.

21.

(1) Subject to subsection (2), when a person presents electronics to a collection event operator, the collection event operator shall accept the electronics without charging a fee.

(2) A collection event operator may refuse to receive electronics under these regulations if the electronics

(a) can reasonably be identified by the collection event operator as not being electronics that the collection event operator is licensed to receive; or

(b) can reasonably be identified by the collection event operator as being electronics that were manufactured, distributed or sold by a person who is not a distributor.

22.

No person shall present to a collection event electronics that the person knows or ought reasonably to know were manufactured, distributed or sold by a person who is not a distributor.

Depots

23.

A depot operator shall, in accordance with its licence, receive electronics from the public or from collection events and deliver the electronics it receives to a processing centre.

24.

(1) Subject to subsection (2), when a person presents electronics to a depot operator, the depot operator shall accept the electronics without charging a fee.

(2) A depot operator may refuse to receive electronics under these regulations if the electronics

(a) can reasonably be identified by the depot operator as not being electronics that the depot is licensed to receive; or

(b) can reasonably be identified by the depot operator as being electronics that were manufactured, distributed or sold by a person who is not a distributor.

25.

No person shall present to a depot electronics that the person knows or ought reasonably to know were manufactured, distributed or sold by a person who is not a distributor.

Processing Centres

26.

(1) A processing centre operator shall, in accordance with its licence, accept electronics from depots and collection events.

(2) A processing centre operator, on accepting electronics from a depot, shall, in accordance with its licence and the instructions of the Chief Environmental Protection Officer, pay the depot operator for the quantity of electronics accepted from the depot operator.

(3) A processing centre operator may refuse to accept electronics and shall refuse to make a payment under these regulations for electronics that can reasonably be identified by the processing centre operator as not being electronics that the processing centre is licensed to accept.

(4) Subsection (3) does not apply if the condition of the electronics is attributable to an alteration made to the electronics 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 electronics that the depot is not licensed to receive.

(6) A processing centre operator shall not accept electronics from any source other than a depot or a collection event.

Appeals

27.

(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 9, other than a decision under subsection 9(1);

(b) a decision to amend the distributor’s registration or the licence holder’s licence under section 13;

(c) a decision to suspend or cancel the distributor’s registration or the licence holder’s licence under subsection 14(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.

28.

(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 electronics collected by the depot operator.

(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.

29.

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

30.

(1) A distributor, a collection event operator, 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 reporting period, submit a record in the form and manner required by the Chief Environmental Protection Officer stating, for that reporting period,

(a) the name of each distributor from whom electronics were obtained, or to whom electronics were distributed or sold, in the Northwest Territories;

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

(c) any other relevant information, including information from receipts retained under subsection 18(3), reasonably required by the Chief Environmental Protection Officer to determine if the distributor is complying with the Act and these regulations.

(3) The reporting period for the purposes of subsection (2) is each month unless a less frequent period is established in respect of a distributor by the Chief Environmental Protection Officer based on the distributor’s history of

(a) complying with the requirements of this section;

(b) obtaining electronics for which the surcharge has already been paid; or

(c) distributing or selling only a small volume of electronics.

(4) For greater certainty, an offer to distribute or sell electronics does not need to be reported under subsection (2).

(5) A collection event operator shall, within 30 days of the completion of a collection event, submit a record in the form and manner required by the Chief Environmental Protection Officer stating, for the collection event,

(a) the quantity of electronics delivered to a depot or processing centre;

(b) the depot or processing centre to which the electronics were delivered; and

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

(6) 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 that month,

(a) the quantity of electronics received from each collection event;

(b) the quantity of electronics delivered to a processing centre;

(c) the processing centre to which the electronics were delivered;

(d) the quantity of electronics in storage; and

(e) 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.

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

(a) the quantity of electronics accepted by the processing centre from each depot or collection event;

(b) the payments made to depot operators for electronics accepted;

(c) the quantity of electronics shipped for recycling; and

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

(8) A distributor, collection event operator, depot operator or processing centre operator may submit the records referred to in this section more frequently than required.

(9) Each distributor and processing centre operator shall, in a form and manner approved by the Chief Environmental Protection Officer, maintain accurate books of account detailing all monies collected and paid under these regulations.

31.

(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 and collection event operators.

(2) Distributors, collection event operators, depot operators and processing centre operators shall retain 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.

32.

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, collection event operator, 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

33.

(1) The Chief Environmental Protection Officer shall, from the Environment Fund, pay the processing centre operator for the quantity of electronics accepted by it from depots and collection events the amount determined by the Chief Environmental Protection Officer under subparagraph 3(1)(b)(ii).

(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.

34.

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 electronics.

TRANSITIONAL

35.

Sections 22 and 25 do not apply to electronics which were manufactured, distributed or sold before October 1, 2015.

COMMENCEMENT

36.

(1) These regulations, except sections 5, 6 and 17 to 19 and subsections 30(2), (3) and (4), come into force October 1, 2015.

(2) Sections 5, 6 and 17 to 19 and subsections 30(2), (3) and (4) come into force February 1, 2016.

SCHEDULE (Sections 2 and 17)

Item COLUMN 1 COLUMN 2 COLUMN 3 No. Category of Electronics Examples of Electronic Devices Surcharge

1. Computers (CPU) and servers Desktop computers; blade (rack mount), desktop $ 10.50 and floor standing servers

2. Portable computers Laptop, tablet and notebook computers $ 3.00

3. Display devices (less than 30") Computer monitors, television screens and all-in-one computers (CPU and display device) $ 12.25

4. Display devices (30" to 45") Computer monitors, television screens and all-in-one computers (CPU and display device) $ 24.50

5. Display devices (greater than 45") Computer monitors, television screens and all-in-one computers (CPU and display device) $ 40.00

6. Desktop printing, copying, scanning Desktop printers, photocopiers, scanners and and faxing devices, whether facsimile machines; label, bar-code and card $ 8.00 stand-alone or multi-function printers (other than handheld) and desktop photo printers, including dock printers

7. Floor standing printing, copying, Floor standing printers, photocopiers, scanners, $ 40.00 scanning and faxing devices, facsimile machines and document centres whether stand-alone or multi-function (less than 1,000 kg.)