Beverage Container Recycling Regulation (Alta. Reg. 101/1997)

Alta. Reg. 101/1997

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 101/1997 With amendments up to and including Alberta Regulation 90/2026 Current as of May 7, 2026 ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT BEVERAGE CONTAINER RECYCLING REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 90/2026) ALBERTA REGULATION 101/97 Environmental Protection and Enhancement Act BEVERAGE CONTAINER RECYCLING REGULATION Table of Contents 1

Interpretation 2 Designation of containers 3 E x e m p t i o n s 4 Board established 4 . 1 Access to information and protection of privacy 5 Business plan and reports 6 Prohibitions re sale, distribution 7 Registration of containers 8 Recovery of non-refillable containers 9 Recovery of refillable containers 1 0 Refunds by depot oper ators and retailers 1 1 No refund payable 1 2 Collection of containers 1 3 Reimbursement of depot operators and retailers 1 4 Permit for depot 1 5 Advertising of deposit 1 6 Re-use and recycling 1 7 Information to Board 1 8 By-laws 1 9 Offence 2 0 Due diligence Repeals 2 1 Repeal Expiry 2 2 E x p i r y Coming into Force 2 3 Coming into force

Section 1 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 2

Interpretation 1(1) In this Regulation, (a) “Act” means the Environmental Protection and Enhancement Act; (b) “beverage” means any liquid that is a ready-to-serve drink and is not exempt from this Regulation; (c) “Board” means the Beverage Container Management Board; (d) “by-laws” means by-laws made under

section 18; (e) “collection system agent ” means the agent appointed under

section 8; (f) “common collection system” means a container collection system that does not distinguish containers of similar size and material from each other based on the manufacturer of the container; (g) “container” means a bottle, can, plastic cup or paperboard carton or a package made of metal, plastic, paper, glass or other material, or a combination of them, that contains or has contained a beverage; (h) “depot” means a place oper ated as a business for the collection of empty containers; (i) “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, but does not include a retailer; (j) “liquor” has the same meaning as in the Gaming, Liquor and Cannabis Act; (k) “manufacturer” means a person who manufactures a beverage and includes (

i) a person who carries on the business of filling containers with a beverage, and (ii) a person who imports a beverage in a container into Alberta for the purpose of distribution or sale in Alberta; (l) “refillable container” mean s a container that is capable of being reused by a manufacturer without being remanufactured;

Section 2 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 3 (m) “retailer” means a per son who sells beverages in containers to consumers.

(2) For the purpose of this Regulation, the Alberta Gaming and Liquor Commission, or an agent acceptable to the Board, is deemed to be the manufacturer of liquor. AR 101/97 s1;90/2001;13/2018 Designation of containers 2 A container is designated as a designated material for the purposes of the Act and this Regulation. Exemptions 3(1) Repealed AR 90/2001 s3.

(2) Repealed AR 177/2008 s2.

(3) Plastic and paper cups that are not sealed by a manufacturer are exempt from this Regulation. AR 101/97 s3;90/2001;177/2008 Board established 4 The Beverage Container Management Board, being an incorporated body under the laws of Alberta, is hereby established as a management board within the meaning of

section 175(jj) of the Act for the purpose of exercising the powers and carrying out the duties conferred or imposed on it pursuant to the Act, this Regulation and the by-laws in respect of regulated containers. AR 101/97 s4;251/2001 Access to information and protection of privacy 4.1(1) The Board shall comply with the Access to Information Act and the Protection of Privacy Act in the course of carrying out its powers, duties and functions under this Regulation.

(2) The Board shall designate a person to be responsible for Access to Information Act matters and a person to be responsible for Protection of Privacy Act matters.

(3) If a request for access to information pursuant to the Access to Information Act is made, the Board shall, (

a) in the case of a request m ade directly to the Board, immediately direct the request to the head of the Department for the purposes of the Access to Information Act or the head’s delegate, and

Section 5 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 4 (

b) in every case, comply with such directions regarding the request as may be provided by the head of the Department for the purposes of the Access to Information Act or the head’s delegate.

(4) All records in the custody or under the control of the Board that are required in the carrying out of its powers, duties and functions under this Regulation are subject to (

a) t h e Records Management Regulation (AR 224/2001), or (

b) any regulation that replaces the Records Management Regulation (AR 224/2001).

(5) All information and records created or maintained in the course of carrying out the powers, duties and functions under this Regulation become and remain the property of the Crown in right of Alberta.

(6) The Board shall designate a person to be responsible for records management matters. AR 68/99 s1;177/2008;142/2025 Business plan and reports 5(1) The Board shall (

a) not less than 30 days befor e the start of each fiscal year provide to the Minister a business plan for the Board that indicates its goals for the coming fiscal year, and (

b) not more than 6 months afte r the end of each fiscal year provide to the Minister an annual report summarizing the activities of the Board and containing the audited financial statements of the Board for the fiscal year.

(2) The remuneration and benefits that are paid to (

a) all members of the board of directors of the Board, and (

b) all management personnel who report directly to one or more of the members of the board of directors during the fiscal year must be reported in the financial statements or as a note or

schedule to the financial statements.

(3) The remuneration and benefits must be reported (

a) on an individual basis by name in the case of the persons referred to in subsection (2)(a), and

Section 6 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 5 (

b) on an aggregate basis in the case of the persons referred to in subsection (2)(b).

(4) The Minister is authorized to disclose personal information reported under this section. AR 101/97 s5;251/2001;142/2025 Prohibitions re sale, distribution 6(1) No person shall sell or distribute or offer to sell or distribute or permit to be sold or distributed in Alberta any beverage in a container (

a) that when empty cannot reas onably be identified as having contained the beverage manufactured by the manufacturer of that beverage, or (

b) on which is written, stamped or in any way inscribed or to which is attached any label, cap or any other thing indicating (

i) that the container is not returnable, or (ii) that no refund is pay able with respect to the container.

(2) No manufacturer shall sell or distribute or offer to sell or distribute or permit to be sold or distributed in Alberta any beverage in a container unless the manufacturer has received written notice from the Board that the container is registered.

(3) No retailer shall sell or offer to sell any beverage in a container unless the container is registered. Registration of containers 7 A manufacturer shall register a container with the Board in accordance with the by-laws. Recovery of non-refillable containers 8(1) Manufacturers of beverages in non-refillable containers for sale or distribution in Alberta shall use and maintain a common collection system for the recovery and recycling of empty non-refillable registered containers from depots.

(2) The manufacturers shall appoint a collection system agent satisfactory to the Board to act on behalf of the manufacturers with respect to the operation of the common collection system.

Section 9 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 6

(3) No manufacturer shall sell or distribute, offer to sell or distribute or permit to be sold or distributed in Alberta any beverage in a non-refillable container unless the manufacturer uses the common collection system. Recovery of refillable containers 9 A manufacturer of a beverage in a refillable container for sale or distribution in Alberta shall (

a) provide a collection service capable of recovering the manufacturer’s empty refillable registered containers from all depots and retailers accepting such containers, or (

b) use the common collection system referred to in

section 8 for the recovery of those containers. Refunds by depot operators and retailers 10(1) When a person presents to a depot operator an empty registered container that is reasonably identifiable as having contained a beverage, the depot operator shall (

a) accept the container, and (

b) pay to the person a cas h refund of not less than (i) 10¢ for each container w ith a capacity of one litre or less, and (ii) 25¢ for each container with a capacity greater than one litre.

(2) When a person presents to a retailer at the retailer’s premises an empty refillable registered container that (

a) is the same size or type of container as containers that are sold by the retailer, (

b) is not exempt from this Regulation, and (

c) is reasonably identifiable as having contained a beverage of the same brand as sold by the retailer, the retailer may accept the container and, on accepting the container, shall pay to the person a cash refund of not less than the amount set out in subsection (1)(

b) for the container.

(3) Notwithstanding subsections (1) and (2), the refund on a container is an amount equal to the manufacturer’s deposit on the

Section 11 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 7 container if that deposit is greater than the applicable amount set out in subsection (1)(b).

(4) A retailer is exempt from paying a refund under this

section for a container where (

a) the beverage in the container is sold by the retailer for consumption on the retail premises, including any store, restaurant, cafeteria, hall or other place, (

b) no deposit is charged by th e retailer for the container, and (

c) the beverage is consumed on the premises.

(5) A retailer is not required to accept under this

section more than 24 refillable containers per person per day. AR 101/97 s10;177/2008 No refund payable 11(1) No depot operator or retailer shall accept a container or provide a cash refund for a container that can reasonably be identified by the depot operator or retailer as having been transported into Alberta.

(2) No person shall return to a depot or retailer for a refund a container that the person knows or ought reasonably to know has been transported into Alberta. (3) Subsections (1) and (2) do not apply to a container that has been transported into Alberta by a manufacturer for the purposes of selling a beverage in the container in Alberta.

(4) A retailer shall not accept or pay a cash refund for an empty non-refillable container. Collection of containers 12(1) The collection system agent shall, in accordance with the by-laws, collect non-refillable registered containers from depots.

(2) A manufacturer shall, in accordance with the by-laws, collect or cause to be collected from a depot or retailer refillable registered containers that contained a beverage manufactured by that manufacturer. Reimbursement of depot operators and retailers 13 A manufacturer or the collection system agent, as the case may be, on collecting containers from a depot or retailer pursuant to

section 12, shall, in accordance with the by-laws,

Section 14 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 8 (

a) reimburse the depot operator or retailer for each containe r collected from the depot operator or retailer in the applicable amount set out in

section 10(1)(

b) for the container, and (

b) pay a depot operator, in ad dition to the amount referred to in clause (a), a handling commission in an amount specified in the by-laws for containers collected from the depot operator and in respect of which refunds were paid by the depot operator. Permit for depot 14(1) No person shall operate a depot unless that person holds a permit for that purpose issued by the Board in accordance with the by-laws and the permit is not under suspension.

(2) A permit holder shall comply with the terms and conditions to which the permit is subject. Advertising of deposit 15 A retailer shall, in a manner that is acceptable to the Board, clearly advertise, in an open and conspicuous place in the retail premises and separate from the price of the container with contents, the amount of the deposit for each type of container sold by the retailer. Re-use and recycling 16(1) A manufacturer of a beverage in a refillable container shall (

a) re-use the container as a refillable container if the manufacturer considers the container to be suitable for re-use as a container, or (

b) cause the container to be recycled by a method approved by the Board, if the manufacturer considers the container is not suitable for re-use as a container.

(2) The collection system agent shall cause non-refillable containers to be recycled by a method approved by the Board. Information to Board 17(1) A depot operator, the collection system agent and a manufacturer shall, in accordance with the by-laws, provide or cause to provide to the Board information pertaining to the recovery of containers.

Section 18 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 9

(2) Where the Board acquires information referred to in subsection (1) and the information relates to a trade secret, process or technique that the person providing the information keeps confidential, the Board shall take all reasonable steps to ensure that the information is not used or released in a form or manner that is likely to undermine the confidentiality of the information.

(3) The collection system agent shall conduct the operations of the common collection system in a manner that protects the confidentiality of proprietary information of individual manufacturers. By-laws 18(1) The Board shall make by-laws (

a) prescribing the manner and frequency of container collections from depots and retailers by the collection system agent and manufacturers; (

b) prescribing the manner and frequency of payments to depot operators and retailers by the collection system agent and manufacturers; (

c) prescribing the handling commissions for the purposes of

section 13(b); (

d) establishing the criteria and procedures for changing the handling commissions referred to in

section 13(b); (

e) respecting the registration of containers, including, without limitation, the form and manner in which containers are registered and the fee, if any, that is payable on registration; (

f) respecting all aspects related to permits for the operatio n of depots including, without limitation, (

i) the form and manner of application for a permit or a renewal of a permit, (ii) the fee, if any, that is p ayable with an application, (iii) the imposition of terms and conditions on a permit, (iv) the transfer, amendment and renewal of permits, and (

v) the suspension and cancellation of permits; (

g) respecting the operation and administration of depots;

Section 19 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 10 (

h) respecting the k eeping of records in respect of transactions in beverage containers.

(2) The Board may make by-laws (

a) respecting the criteria fo r establishing the number of depots in all or any part of Alberta for the purpose of maintaining a viable container recovery system; (

b) respecting any other matter related to the administration of the Act and this Regulation by the Board.

(3) The Board shall not make, amend or repeal a by-law under subsection (1) or (2)(

a) except by a resolution passed by at least 2/3 of the members of the board of directors of the Board present and voting on the resolution. AR 101/97 s18;177/2008 Offence 19 Any person who contravenes

section 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 or 17(1) or

section 8, 9(1) or (5), 10 or 11 of the Beverage Container Management Board Administrative By-law is guilty of an offence and liable, (

a) in the case of an individual, to a fine of not more than $50 000, or (

b) in the case of a corporation, to a fine of not more than $500 000. Due diligence 20 No person shall be convicted of an offence referred to in

section 19 if that person establishes on a balance of probabilities that he took all reasonable steps to prevent its commission. Repeals Repeal 21 The Beverage Container Recycling Regulation (AR 128/93) is repealed. Expiry Expiry 22 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be

Section 23 AR 101/97 BEVERAGE CONTAINER RECYCLING REGULATION 11 re-passed in its present or an amended form following a review, this Regulation expires on June 30, 2031. AR 101/97 s22;169/2001;164/2006;199/2007;19/2008;177/2008; 106/2013;97/2015;104/2016;99/2018;117/2021;90/2026 Coming into Force Coming into force 23 The Regulation comes into force on December 1, 1997. AR 101/97 s23;166/97

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 101/1997
Type	regulation
Volume / chapter	1997 101
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	1fb5eff16592a3ff0967ccd9d1c59e25ddef21ec

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