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Volume 57, No. 10

88/2014

The British Columbia Gazette,

Part II

June 3, 2014

B.C. Reg. 88/2014 , deposited May 23, 2014, under the ENVIRONMENTAL MANAGEMENT ACT [sections 21 and 138]. Order in Council 269/2014, approved and ordered May 23, 2014.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Recycling Regulation, B.C. Reg. 449/2004, is amended as set out in the attached Schedule.

— M. POLAK, Minister of Environment ; N. LETNICK, Presiding Member of the Executive Council .

Schedule

Section 1 of the Recycling Regulation, B.C. Reg. 449/2004, is amended

(

a) by renumbering the

section as

section 1 (1),

(

b) in subsection (1) by adding the following definition:

“small producer” , in respect of the producer of a product within the packaging and printed paper product category, means one of the following:

(

a) the producer is a charitable organization registered under the Income Tax Act (Canada);

(

b) the producer meets one or both of the following criteria:

(

i) subject to subsection (2), the producer had a gross revenue in the most recent calendar year of less than $1 000 000 in British Columbia;

(ii) subject to subsection (2), the producer manufactured in the most recent calendar year less than one tonne of products within the packaging and printed paper product category that have been or will be sold, offered for sale, distributed or used in a commercial enterprise in British Columbia;

(

c) subject to subsection (2), the producer does not have more than one point of retail sale in British Columbia; , and

(

c) by adding the following subsection:

(2) For the purposes of the definition of "small producer", if the producer is operating under a franchise agreement, the producer, the franchisor and the other parties with whom the franchisor has a franchise agreement in relation to the same product are deemed to be a single producer.

Section 2 is amended by adding the following subsection:

(1.1) If a franchisor and a franchisee operating under a franchise agreement are producers in relation to the same product, the duty set out in subsection (1) (

a) must be carried out by the franchisor.

Section 3 is amended

(

a) by renumbering the

section as

section 3 (1), and

(

b) by adding the following subsection:

(2) Despite subsection (1) (a) (ii), this Part does not apply to a small producer in respect of the sale, offer for sale, distribution or use in a commercial enterprise of a product within the packaging and printed paper product category.

Section 3.1 is amended by striking out “ a producer to comply ” and substituting “ a producer, other than a small producer in respect of the sale, offer for sale, distribution or use in a commercial enterprise of a product within the packaging and printed paper product category, to comply ”.

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