FAQ
- What are the regulations?
On July 15, 2024 New Brunswick’s Designated Materials Regulation (2024-37) was amended under the Clean Environment Act (O.C. 2024-166). This regulation (New Brunswick Designated Materials Regulation) mandates that obligated producers establish systems for managing designated products, including lamps.
- Who will regulate the lamp product program?
The amended Designated Materials Regulation continues the government of New Brunswick’s stewardship board, established by the Minister under section 22.1 of the Clean Environment Act. The stewardship board, known as Recycle NB, is the oversight body responsible for administering the Designated Materials Regulation.
The Designated Materials Regulation sets out compliance requirements that stewardship plans and programs are obligated to meet, including but not limited to:
- Producers and PRO registration requirements.
- Any fees paid to Recycle NB (fees TBD).
- Reporting requirements.
- Requirements of collection systems and consumer awareness.
- Product scope, what is included and excluded.
- Records and data that must be collected and kept.
- Ability to undertake inspections and audits.
The regulation also gives Recycle NB the power to create additional requirements, not detailed in the regulation.
- Who is obligated as a “Producer”?
The amended regulation changed the obligated party definition from “brand owner” to “producer”.
The regulations (section 4(2)) define a producer, for lamps, in a hierarchal manner, as:
a) the brand holder of the designated material if the brand holder has a permanent establishment in Canada;
b) 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;
c) 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.
- What is the timeline for the program and the next steps for producers?
- Spring 2025 – Product Care will contact producers with information about registration with Product Care and EHF fees for the program
- Summer 2025 – Upon approval of the plan by Recycle New Brunswick, the New Brunswick Lamp Stewardship Plan will launch within 180 days (Product Care anticipates the Lamp Stewardship Program will be operational in the second half of 2025).
- What action do I need to take now to comply with the regulation?
If not already done so, all producers must register with the regulator, Recycle NB, and designate a PRO on the registration form, as soon as possible.
- Registration should be completed through Recycle NB’s online form. A hard-copy registration form to be mailed to Recycle NB can also be found here.
- The first section of the registration form requires producers to provide basic contact details and company information. The final section requires producers to inform Recycle NB they wish to delegate their obligations under the Designated Materials Regulation.
To designate Product Care as your PRO, please include the below details in the final section of Recycle NB’s registration form – The information for any Producer Responsibility Organization (PRO) acting on behalf of the applicant:
Name: Evelyn Sun
Company Name: Product Care Association
Email: nblightrecycle@productcare.org
Telephone No.: 1-877-592-2972 Ext. 248
Mailing Address: 420-2238 Yukon Street, Vancouver, BC V5Y 3P2
- What information do producers need to register with Product Care?
The registration for producers will include submitting or confirming the following information to Product Care:
- Name, contact information, and address of the producer
- Name and contact information of the person responsible for registering the producer (primary contact)
- Whether the producer is a brand holder, an importer, or a retailer (see below for definition)
- Whether the producer is a franchisor with franchisees in New Brunswick
- How will producers provide this information to Product Care?
Upon approval of the program plan by Recycle NB, Product Care intends to have producers register through Product Care’s reporting portal, ehfreporting.com, and submit the required data in line with how they currently submit their EHF data for other Product Care programs.
- How will the program be funded?
The New Brunswick Lamp Program will be funded entirely by Environmental Handling Fees (EHFs) remitted to Product Care by its industry members. The fees are utilized for collection, transportation, recycling and safe disposal of returned products, as well as program administration and communication.
The Environmental Handling Fee will be part of the total price of regulated products and therefore subject to applicable sales taxes. While the taxes are remitted to the government, the fee itself is not remitted to the government.
- Can the Environmental Handling Fees be shown on sales receipts, advertisements, tags, etc. by producers?
According to Section 50(2) of the Regulation, recovered costs (such as EHFs) must be integrated by a producer or retailer:
- in the total advertised sales price of a lamp or product containing an easily removable lamp, and
- in the total sales price appearing on the receipt of sale.
However, according to Section 50(3) of the Regulation, a producer or retailer is not prohibited from informing the public that the total sales price of a designated material includes costs recovered under a stewardship plan and communicating the amount of those costs to the public.
Samples of sales receipts, advertisements, shelf tags, and price tags that comply with the Regulation will be available from Product Care.