B.C. proposes registration for tire retailers
The Ministry of Environment in British Columbia issued a new proposal for public comment in relation to British Columbia’s Recycling Regulation. The proposal involves adding a new requirement for tire retailers that intend to sell tires in British Columbia, whereby they would be required to register under an approved products stewardship plan in order to sell tires in the province. This is similar to the registration system currently in place for tire vendors under the Social Services Tax Act, whereby all tire vendors are required to register with the government, collect environmental levies from consumers and remit these to the provincial government.
The ministry intends to add the schedule relating to tires to the Recycling Regulation in the early part of this year. The schedule is based on the Intentions Paper that was issued by the ministry late last year, and which recommended adding a schedule for tires to the Recycling Regulation under British Columbia’s Environmental Management Act. The intent in adding the new schedule to the Recycling Regulation is to expand the types of tires that are currently being recycled under the “Financial Incentives for Recycling Scrap Tires Program.” The schedule will also specify a date for submission of a product stewardship plan to the director for approval. The new recycling program is expected to be fully operational by the end of this year.
New Brunswick beverage container fees
New Brunswick has promulgated a new regulation under the Beverage Containers Act which amends the General Regulation — Beverage Containers Act by repealing the current handling fee. The relevant provision of the existing regulation will be replaced with an amendment that sets the amount of handling fees for empty containers.
Export and import of non-hazardous waste
A consultation document on the proposed federal regulation of the export and import of non-hazardous waste has been posted on the CEPA Environmental Registry. The draft regulation is expected to be published sometime in 2007 or 2008, and will include a notification and permitting system whereby the country receiving the waste must agree in advance to accept shipments. The draft regulation will also contain a requirement that non-hazardous waste be disposed of only at authorized facilities and within specific time periods.
The consultation document refers to the establishment of conditions that will govern who can import, export or convey in transit. There will also be a requirement for a contract between importers and foreign exporters and exporters and foreign importers, as well as the requirement to carry liability insurance. The consultation document requires annual reporting of all transboundary movements of non-hazardous waste from the facilities of origin to the final destinations for movement between Canada and the United States, and reporting through a movement document between Canada and Basel countries. Finally, a definition of non-hazardous waste will be included that will be consistent with other conventions and agreements where that term is used.
Blue box funding in Ontario
The Waste Diversion Act in Ontario requires that the provincial Blue Box Program Plan provide for payment to all municipalities of an amount that is equal to 50 per cent of the total net costs incurred by those municipalities as a result of operating the program. Documents recently released by Waste Diversion Ontario, the non-crown corporation created by statute to develop, implement and operate waste diversion programs, reveal the funding details for 2006.
Funding to municipalities in 2006 will total $55,463,771, including in-kind contributions from the Canadian Newspaper Association and the Ontario Community Newspaper Association. In addition, the Efficiency and Effectiveness Fund will provide approximately 10 per cent of the funding. (See Editorial, page 4 and Cover Story, page 8.)
Quebec institutes advance payment program for recycling
Eco Entreprises Qubec (EEQ) has announced an advance payment program that will allow it to raise financing that is needed to satisfy its obligations under the municipal compensation system. EEQ is authorized to collect fees from companies involved in containers and packaging and printed materials in relation to compensation due to municipalities and EEQ’s management costs. The advance payment is needed as a result of the limited financial resources of Collecte Slective Qubec, which previously provided funds to cover operational expenses.
EU enacts used-battery legislation
A new European Union Directive will impose obligations on producers to take back and recycle used batteries. A “producer” is defined as any company that puts batteries, or products integrated with batteries, on the market in the European Union. The directive includes all battery types, and also has the effect of banning cadmium and mercury from batteries.
The directive is expected to be finalized this summer with member states having two years to implement the directive. It will replace previous legislation that existed in several European countries which created battery collection and recycling systems for loose, non-rechargeable batteries found in retail shops. Battery collection targets have been established at 25 per cent of sales, and will increase to 45 per cent of sales over a ten-year period. In addition, the directive would oblige the “producer” to fund public awareness programs in each member state in which it sells batteries.
Rosalind Cooper, LL.B. is a partner with Fasken Martineau DuMoulin LLP, with offices across Canada. Ms. Cooper is based in Toronto, Ontario. E-mail Rosalind at email@example.com