Single-use Retail Bag Regulations

Regulation
Registration
R-148-2009
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-100-2010,s.3 in force Feb. 1, 2011
  • s.3 amended by R-100-2010,s.4,5 in force Feb. 1, 2011
  • s.5 amended by R-100-2010,s.6 in force Feb. 1, 2011
  • s.6 amended by R-100-2010,s.6 in force Feb. 1, 2011
  • s.7 repealed by R-100-2010,s.5 in force Feb. 1, 2011
  • s.10 amended by R-100-2010,s.6 in force Feb. 1, 2011
  • s.14 amended by R-100-2010,s.8 in force Feb. 1, 2011
  • s.15 amended by R-100-2010,s.9 in force Feb. 1, 2011
  • s.15.1 amended by R-100-2010,s.10 in force Feb. 1, 2011
  • s.16 amended by R-100-2010,s.6 in force Feb. 1, 2011
  • s.16 amended by R-031-2020,s.2 in force March 28, 2020
  • s.17 amended by R-100-2010,s.6 in force Feb. 1, 2011
  • s.18 amended by R-100-2010,s.6 in force Feb. 1, 2011
  • s.18.1 amended by R-100-2010,s.11(1) in force Feb. 1, 2011
  • s.21 amended by R-100-2010,s.5,11(2) in force Feb. 1, 2011
  • s.23 amended by R-100-2010,s.6 in force Feb. 1, 2011
  • s.24 repealed by R-100-2010,s.5 in force Feb. 1, 2011
  • s.25 amended by R-100-2010,s.13 in force Feb. 1, 2011
  • s.27 repealed by R-100-2010,s.5 in force Feb. 1, 2011
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. Repealed 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 15.1. 15.1 16. 16 17. 17 18. 18 18.1. 18.1 19. 19 20. 20 21. 21 22. 22 23. 23 24. Repealed 25. 25 26. 26 27. Repealed

The Commissioner in Executive Council, under sections 4 and 14 of the Waste Reduction and Recovery Act and every enabling power, makes the Single-use Retail Bag Regulations.

RETAIL BAG REGULATIONS

INTERPRETATION

1.

In these regulations,

"application" means an application for registration as a distributor or retailer; (demande)

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

"distribute or sell" includes to offer to distribute or sell; (distribuer ou vendre)

"distributor" means a person registered as a distributor as required under subsection 5(1); (distributeur)

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

"retail store" means an establishment that sells goods to customers, but does not include

(a) a store operated by a society incorporated under the Societies Act or a charity registered under the Income Tax Act (Canada), or

(b) a restaurant or similar business which generates revenue from the sale and service of meals to customers for immediate consumption and which may incidentally sell a limited number of goods to customers; (magasin de détail)

"retailer" means a person registered as a retailer as required under subsection 6(1); (détaillant)

"single-use retail bag" means a bag that is designed to carry customer purchases from a retail store, but does not include

(a) a bag that is specifically designed and manufactured for multiple reuse and is made of cloth or other durable material suitable for reuse,

(b) a bag provided by a pharmacist to contain prescription drugs,

(c) a bag used to protect dry-cleaning,

(d) a small lightweight bag provided to a customer inside a retail store that is designed to contain

(i) bulk items not otherwise contained in primary packaging such as nuts, grains, candy or small hardware items such as nails and bolts,

(ii) raw fruits and vegetables, bakery items, fresh or frozen meat, fish or poultry, or

(iii) prepared foods, whether hot or cold; (sac à provisions jetable)

"surcharge" means a surcharge required under section 16 in respect of a single-use retail bag. (supplément) R-100-2010,s.3.

SINGLE-USE RETAIL BAG

PROGRAM

2.

(1) The single-use retail bag program is established in accordance with these regulations.

(2) A single-use retail bag 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 single-use retail bag program, and in particular may

(a) determine whether a person is required to apply for a registration as a retailer for the purposes of this program and, for that purpose, request such information as the Chief Environmental Protection Officer requires to make that determination;

(b) register distributors and retailers;

(c) establish the form and manner for

(i) applications and renewals of registrations, and

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

(d) impose terms and conditions on registrations;

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

(f) suspend and cancel registrations; and

(g) monitor the maintenance and submission of books and records in respect of transactions in single-use retail bags by distributors.

(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), (b), (d) and (g);

(b) Repealed, R-100-2010,s.5.

(c) subsections 9(1), (2), (3), (5) and (6);

(d) subsection 10(3);

(e) subsection 11(1);

(f) section 13;

(g) subsection 20(1).

R-100-2010,s.4,5.

4.

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

(a) the total number of registrations of distributors and retailers made; and

(b) the total number of single-use retail bags distributed or sold by distributors to retailers in the Northwest Territories, on the basis of information reported by the distributors.

Prohibitions

5.

(1) No person shall, unless registered as a distributor, distribute or sell a single-use retail bag to a retail store in the Northwest Territories.

(2) No distributor shall distribute or sell or permit to be distributed or sold a single-use retail bag to a retail store for which no surcharge has been paid to the Environment Fund. R-100-2010,s.6.

6.

(1) No person operating a retail store shall, unless registered as a retailer, distribute or sell a single-use retail bag to a customer in the Northwest Territories.

(2) No retailer shall purchase or otherwise obtain a single-use retail bag for distribution or sale to customers from a person who is not registered as a distributor under these regulations. R-100-2010,s.6.

Applications

7.

Repealed, R-100-2010,s.5.

8.

(1) An application for registration as a distributor or retailer 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 information as the Chief Environmental Protection Officer may reasonably require to determine whether the applicant should be registered, and the appropriate terms and conditions, if any, to impose on the registration.

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

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

9.

(1) The Chief Environmental Protection Officer shall refuse to register a distributor or retailer if the applicant fails to comply with subsections 8(2) and (3).

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

(a) issue, make or renew the registration;

(b) refuse to issue, make or renew the registration; or

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

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

(a) advising of the decision made under subsection (2); 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.

(4) A notice referred to in subsection (3) must be sent by registered mail,

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

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

(5) After considering the response from the applicant under paragraph (3)(b), if any, the Chief Environmental Protection Officer shall

(a) make a decision referred to in paragraph (2)(a) or (b); and

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

(6) If no response is received from the applicant under paragraph (3)(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 that the application is considered abandoned.

(7) A notice under subsection (5) or (6) must be sent by registered mail,

(a) in the case of subsection (5), within 45 days after receipt of the applicant’s response referred to in paragraph (3)(b); and

(b) in the case of subsection (6), at the end of the period of time specified under paragraph (3)(b).

Registration

10.

(1) A registration of a distributor authorizes the distributor to distribute or sell single-use retail bags to retail stores in accordance with the registration and subject to any terms and conditions imposed by the Chief Environmental Protection Officer.

(2) A registration of a retailer authorizes the retailer to distribute or sell single-use retail bags to customers in accordance with the registration and subject to any terms and conditions imposed by the Chief Environmental Protection Officer.

(3) 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 single-use retail bag program.

(4) No distributor or retailer shall contravene a term or condition of its registration. R-100-2010,s.6.

11.

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

(2) A registration 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 is not transferable.

(2) No person shall purport to transfer a registration, 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 retailer, amend a registration 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, if

(a) he or she considers that

(i) the registration

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

(B) had been issued contrary to these regulations,

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

(iii) the registration was made in error,

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

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

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

(c) Repealed, R-100-2010,s.8.

(2) The Chief Environmental Protection Officer may reinstate a suspended registration, if he or she is satisfied by the person whose registration has been suspended that the grounds for the suspension no longer exist. R-100-2010,s.8.

15.

(1) The Chief Environmental Protection Officer shall, prior to amending a registration under section 13 or suspending or cancelling a registration under section 14, send a written notice by registered mail to the distributor or retailer

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

(b) stating the reasons for the review; and

(c) inviting a written response within 30 days.

(2) The Chief Environmental Protection Officer shall, in reviewing a registration, 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.

(4) A copy of the decision referred to in subsection (3) must be sent by registered mail to the distributor or retailer.

(5) The amendment, suspension or cancellation of a registration takes effect immediately, or on a later date specified in the decision by the Chief Environmental Protection Officer. R-100-2010,s.9.

15.1.

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

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

(3) The cancellation takes effect immediately or on a later date specified in the notice referred to in subsection (2). R-100-2010,s.10.

Payment of Surcharges

16.

(1) A distributor shall pay, in accordance with this section, a surcharge in respect of each single-use retail bag it distributes or sells to retail stores 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 $0.25 for each single-use retail bag.

(3.1) Notwithstanding subsection (3), during the period of March 28, 2020 to June 30, 2020, the amount of the surcharge is $0 for each single-use retail bag.

(4) Payments of surcharges must be made on a quarterly basis, within 30 days after the end of each quarter, to the Chief Environmental Protection Officer for credit to the Environment Fund.

(5) The quarterly payment must include the surcharges payable in respect of each single-use retail bag the distributor distributed or sold to retail stores during the previous quarter.

(6) For greater certainty when interpreting this section,

(a) only one surcharge is payable in respect of any one single-use retail bag;

(b) the surcharge payable in respect of a single-use retail bag is to be included in the quarterly payment at the earliest of the time the single-use retail bag is distributed or sold; and

(c) an offer to distribute or sell a single-use retail bag does not by itself trigger the obligation to pay the surcharge.

R-100-2010,s.6; R-031-2020,s.2.

17.

A distributor shall collect from a retail store, in addition to any amount charged for the cost of the single-use retail bags, an amount equal to the surcharge for each single-use retail bag distributed or sold to the retail store. R-100-2010,s.6.

18.

If a retail store reports to a distributor, in the form and manner and with the proof required by the Chief Environmental Protection Officer, that any single-use retail bag distributed or sold by the distributor to the retail store is defective or otherwise unusable and is not being made available to customers, the distributor shall refund to the retail store the amount collected under section 17 in respect of the defective or otherwise unusable single-use retail bag, and

(a) if the distributor has not paid the surcharge for the quarter in which the single-use retail bag is distributed or sold, the distributor need not pay the surcharge for the unusable single-use retail bag; or

(b) if the distributor has paid the surcharge for the quarter in which the single-use retail bag is distributed or sold, the distributor may, in the form and manner approved by the Chief Environmental Protection Officer, report the unusable single-use retail bag to the Chief Environmental Protection Officer and request a refund of the surcharge for the unusable single-use retail bag.

R-100-2010,s.6.

18.1.

A retail store that redistributes single-use retail bags to another establishment

(a) shall notify the Chief Environmental Protection Officer of the redistribution, and provide such information as the Chief Environmental Protection Officer requires; and

(b) may, if the establishment to which the bags were redistributed is not a retail store, apply to the Chief Environmental Protection Officer, in the form and manner and with the proof required by the Chief Environmental Protection Officer, for a refund of the amount collected by the distributor for the bags under section 17.

R-100-2010,s.11(1).

19.

(1) A retailer shall collect from a customer an amount equal to the surcharge for each single-use retail bag provided to the customer.

(2) A retailer shall ensure that each customer receipt itemizes the number of single-use retail bags provided to the customer, if any, and the total amount collected from the customer for the single-use retail bags.

Loans to Retailers

20.

(1) The Chief Environmental Protection Officer may, in accordance with the directions of the Minister, make a loan from the Environment Fund to a retailer to temporarily offset, in whole or in part, the initial cost incurred to comply with the single-use retail bag program.

(2) Money received in repayment of a loan made under subsection (1) must be returned to the Environment Fund.

Appeals

21.

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

(a) Repealed, R-100-2010,s.5.

(b) a decision to refuse to register the applicant under section 9;

(c) a decision to amend the distributor’s or retailer’s registration under section 13;

(d) a decision to suspend or cancel the distributor’s or retailer’s registration 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 45 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 who works in the department of the Government of the Northwest Territories that administers the Act may be appointed as an advisor under paragraph (3)(a).

(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-100-2010,s.5,11(2).

22.

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

23.

(1) A distributor 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, at the same time as the surcharge is required to be paid under subsection 16(4), submit a record in the form and manner required by the Chief Environmental Protection Officer stating, for the previous quarter,

(a) the number of single-use retail bags the distributor has distributed or sold to retail stores in the Northwest Territories;

(b) the name of each retail store to which the distributor distributed or sold single-use retail bags, the number of single-use retail bags distributed or sold to each store and the amount collected from each store under section 17;

(c) the name of each retail store that reported defective or otherwise unusable single-use retail bags under section 18, and the number of unusable single-use retail bags reported by each store;

(d) the total surcharge owed by the distributor to the Environment Fund for each single-use retail bag distributed or sold; and

(e) any other 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 single-use retail bag need not be reported under subsection (2).

(4) A distributor may submit the records referred to in this section more frequently than once a quarter.

(5) Each distributor shall, in a form and manner approved by the Chief Environmental Protection Officer,

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

(b) submit a copy of those books of account to the Chief Environmental Protection Officer on request.

R-100-2010,s.6.

24.

Repealed, R-100-2010,s.5.

25.

(1) Distributors 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.

(2) Copies of any books or records referred to in subsection (1) must be provided to the Chief Environmental Protection Officer upon request. R-100-2010,s.13.

26.

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 or retailer 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.

27.

Repealed, R-100-2010,s.5.