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17th July 2024

New Brunswick: Designated Materials Regulations Amended – Obligating Lamps and Changes to the Paint Program

Dear Product Care Members,

We encourage you to review the details below regarding changes to regulations that may affect your business.

The NB Designated Materials Regulation was amended and came into force on July 15, 2024.

The amended regulation includes the obligation of Lamps and changes to the existing Paint stewardship program, among other changes.

Key Amendments:

Producer Definition: The term “brand owner” is replaced with a hierarchical “producer” definition:

  1. the brand holder of the designated material if the brand holder has a permanent establishment in Canada;
  2. in the absence of a person referred to in paragraph (a), the importer of the designated material into New Brunswick if the importer has a permanent establishment in New Brunswick;
  3. in the absence of a person referred to in paragraph (a) or (b), the retailer of the designated material that supplies the designated material to the consumer.

Lamps Obligated – Defined as – A replaceable light source designed to produce light from electricity, including:

  1. Fluorescent tubes
  2. Compact fluorescent lamps
  3. High-intensity discharge lamps
  4. Incandescent lamps
  5. Light-emitting diode lamps

Key Amendments for Current Paint “Brand Owners”:

  1. Product Care to update and resubmit the stewardship plan, including updated performance measures and targets, by June 30, 2025.
  2. “Brand owners” must comply with current regulations (2008-54), until December 31, 2025.
  3. After December 31, 2025, all current “brand owner” registrations will be canceled, and any “producer” who is also a “brand owner” will automatically be deemed to hold a registration starting January 1, 2026. Details on this transition will be shared with members once available.

Key Dates for the NB Lamps program:

DetailsDeadline
Lamp and battery “producers” to registerOctober 31, 2024
Lamp and battery “producers” to submit a Stewardship PlanDecember 31, 2024
Implementation of Stewardship PlanWithin 180 days of plan approval
Submission of performance measures and targetsWithin 2 years of Stewardship Plan implementation

Product Care will submit a NB Lamps Stewardship Program Plan on behalf of its members. Further information regarding next steps will be communicated in due course.

 

Key Dates for the NB Paint program:

DetailsDeadline
Product Care to renew current stewardship plans, including updated performance measures and targetsJune 30, 2025
“Producers” who are not already “brand owners” to apply for registrationJune 30, 2025

 

Obligations under current regulation (2008-54) are in effect untilDecember 31, 2025
The current approved NB Paint stewardship plan is terminatedDecember 31, 2025
All current “brand owner” registrations to be canceled. Any “producer” who is also a “brand owner” will be deemed to hold a registration. Details on this transition will be shared with members once available.January 1, 2026

 

For the details, please refer to the amended regulation.

If you have any questions, please contact:

Mario Anda
Senior Program Manager
manda@productcare.org

 

Sincerely,

Product Care Team

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