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Volume 46, No. 2

B.C. Reg. 21/2003

The British Columbia Gazette,

Part II

January 28, 2003

B.C. Reg. 21/2003, deposited January 23, 2003, pursuant to the WASTE MANAGEMENT ACT [Section 57]. Order in Council 59/2003, approved and ordered January 23, 2003.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) effective on the date this order is deposited with the Registrar of Regulations, the Post-Consumer Residual Stewardship Program Regulation, B.C. Reg. 111/97, is amended as set out in the attached Schedule,

(

b) effective on the date this order is deposited with the Registrar of Regulations, the Post-Consumer Paint Stewardship Program Regulation, B.C. Reg. 200/94, is repealed, and

(

c) effective 180 days following the date this order is deposited with the Registrar of Regulations, the Return of Used Lubricating Oil Regulation, B.C. Reg. 64/92, is repealed. — J. MURRAY, Minister of Water, Land and Air Protection; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule

Section 1 of the Post-Consumer Residual Stewardship Program Regulation, B.C. Reg. 111/97, is amended

(

a) by adding the following definition:

"brand-owner plan association" means an association that represents some or all of the brand-owners in a product category, and that files a plan on behalf of those brand-owners under

Part 2; , and

(

b) in the definition of "residual" by striking out "unused".

Section 2 (1) is amended by adding "or brand-owner plan association" after "brand-owner".

Section 5 is amended

(

a) by striking out "brand-owner" wherever it appears and substituting "brand-owner or brand-owner plan association",

(

b) in subsection (1) by striking out "who" and substituting "that", and

(

c) in subsection (3) (

k) by adding "or brand-owner plan associations".

Section 5.1 is added as follows:

Exemption of paint stewardship program under the Post-Consumer Paint Stewardship Program Regulation from refiling the plan under

Part 2

5.1

(1) Subject to subsection (2), a brand-owner represented by the brand-owner plan association in the paint stewardship program approved by the director under

section 4 of the Post-Consumer Paint Stewardship Program Regulation, B.C. Reg. 200/94, is exempted from the requirements of

Part 2 to submit a plan for a stewardship program.

(2) A brand-owner and the brand-owner plan association referred to in subsection (1) must comply with the paint stewardship program approved under

section 4 of the Post-Consumer Paint Stewardship Program Regulation, B.C. Reg. 200/94, as if it were a plan for a stewardship program under

Part 2 of this regulation, unless the brand-owner submits a new plan under

Part 2 and that plan is approved by the director.

5 Sections 6 and 7 are amended by striking out "brand-owner" wherever it appears and substituting "brand-owner or brand-owner plan association".

Schedule 1 is amended

(

a) by striking out product 1 (a) (viii) and substituting "paint as set out in product category 8 of this Schedule", and

(

b) by adding the following product categories:

5 The lubricating oil category includes all petroleum-derived or synthetic crankcase oils, engine and gear oils, and hydraulic, transmission, and heat transfer fluids, and fluids used for lubricating purposes in machinery or equipment.

6 The empty oil container category includes all empty containers with a capacity of 30 litres or less, manufactured and used for any product in the lubricating oil category in product category 5 of this Schedule.

7 The oil filter category includes all spin-on-style or element-style fluid filters that are used in hydraulic, transmission or internal combustion engine applications, and all oil, diesel fuel, storage tank fuel, coolant and household furnace oil filters, but does not include gasoline, air or household furnace air filters.

8 The paint category includes

(

a) latex, oil and solvent-based architectural coatings, including paints and stains for commercial and household use, whether tinted or untinted, and including empty containers for any of these,

(

b) paints and stains, whether coloured or clear, sold in aerosol containers, and including empty aerosol containers for any of these, but not including un-pressurized coatings formulated for industrial, automotive or marine anti-fouling applications.

Schedule 2 is amended by adding the following:

Product Category

Column A

Column B

Lubricating oil

60 days following the date of enactment of this product category

180 days following the date of enactment of this product category

Empty oil container

60 days following the date of enactment of this product category

180 days following the date of enactment of this product category

Oil filter

60 days following the date of enactment of this product category

180 days following the date of enactment of this product category

Paint

On enactment of this product category

On enactment of this product category

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