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Volume 54, No. 10

B.C. Reg. 88/2011

The British Columbia Gazette,

Part II

May 31, 2011

B.C. Reg. 88/2011 , deposited May 19, 2011, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [Sections 21 and 138]. Order in Council 176/2011, approved and ordered May 19, 2011.

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

(

a) section 2 of the

Schedule attached to B.C. Reg. 296/2009 is amended in the definition of "product category" by adding the following paragraph:

(

n) packaging and printed paper product category. , and

(

b) the Recycling Regulation, B.C. Reg. 449/2004, is amended as set out in the attached Schedule.

— T. LAKE, Minister of Environment ; M. POLAK, Presiding Member of the Executive Council .

Schedule

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

(

a) effective July 1, 2011, in paragraph (

b) of the definition of "collection facility" by striking out " or " at the end of subparagraph (vi) and by adding the following subparagraphs:

(viii) lead-acid battery category, or

(ix) antifreeze product category, ,

(

b) in paragraph (

c) of the definition of "collection facility" by striking out " electrical product category or tire product category, " and substituting " electrical product category, tire product category or packaging and printed paper product category, ",

(

c) in paragraph (b) (

i) of the definition of "producer" by striking out " offers for sale or distributes the product " and substituting " offers for sale, distributes or uses in a commercial enterprise the product ",

(

d) in paragraph (b) (ii) of the definition of "producer" by striking out " sold or distributed in British Columbia " and substituting " sold, distributed or used in a commercial enterprise in British Columbia ",

(

e) in the definition of "product category" by adding the following paragraph:

(

l) packaging and printed paper product category; , and

(

f) by adding the following

definitions:

"institutional accommodations" includes licensed care facilities, student residences, hospitals, hospices, correctional facilities and other institutional settings in which persons reside, or stay on a temporary basis, but does not include residential premises;

"residential premises" includes houses, apartments, condominiums, town homes and other premises in which persons reside but does not include institutional accommodations or visitor accommodations;

"visitor accommodations" includes hotels, motels, resorts, campgrounds and other accommodations in which persons stay on a temporary basis when they are away from the places they reside.

Section 2 is amended

(

a) in subsection (1) by striking out " A producer " and substituting " Except as otherwise specifically provided in this regulation, a producer " and by striking out " offer for sale or distribute the product " and substituting " offer for sale, distribute or use in a commercial enterprise the product ",

(

b) in subsection (4) (

b) by striking out " subsection (2) (a). " and substituting " subsection (2). ", and

(

c) by adding the following subsection:

(5) An agency appointed by a producer under subsection (2) must, as soon as practicable, notify the producer of the following:

(

a) any written notices, or written reasons provided under

section 7, sent by a director to the agency alleging non-compliance with one or more requirements of this regulation;

(

b) the agency is charged with an offence listed in

section 16;

(

c) the agency is convicted of an offence listed in

section 16;

(

d) the agency is issued with a ticket in accordance with the Violation Ticket Administration and Fines Regulation for an offence listed in

Schedule 2 of that regulation respecting the Recycling Regulation, B.C. Reg. 449/2004.

Section 3 is amended

(

a) by repealing paragraph (

a) and substituting the following:

(

a) that sells, offers for sale, distributes or uses in a commercial enterprise a product within one of the following product categories:

(

i) beverage container product category;

(ii) packaging and printed paper product category, , and

(

b) in paragraph (

b) by striking out " category, other than the beverage container product category, " and substituting " category, other than a product category listed in paragraph (a), " and by striking out " offers for sale or distributes, or " and substituting " offers for sale, distributes or uses in a commercial enterprise, or ".

Section 3.1 is amended by striking out " offer for sale or distribute the products " and substituting " offer for sale, distribute or use in a commercial enterprise the products ".

Section 4 is amended by striking out " product stewardship plan, in a manner " and substituting " product stewardship plan, at the time specified in the applicable Schedule, if any, and in a manner " and by striking out " offers for sale or distributes in British Columbia. " and substituting " offers for sale, distributes or uses in a commercial enterprise in British Columbia. "

Section 5 is amended

(

a) in subsection (1) by striking out " and " at the end of paragraph (b), by adding " and " at the end of paragraph (c) (viii) and by adding the following paragraph:

(

d) with respect to the packaging and printed paper category, the plan adequately provides for the collection of the product by the producer

(

i) from residential premises, and

(ii) from municipal property that is not industrial, commercial or institutional property. ,

(

b) in subsection (2) (

c) by striking out " offers for sale or distributes the product; " and substituting " offers for sale, distributes or uses in a commercial enterprise the product; ", and

(

c) in subsection (2) (

f) by striking out " sell or distribute each year; " and substituting " sell, distribute or use in a commercial enterprise each year; ".

7 The following

section is added:

Rescinding approval of approved plan

6.1 At any time, the director may rescind the approval of an approved plan.

Section 8 is amended

(

a) in subsection (1) by striking out " a producer must " and substituting " a producer with an approved plan must ", and

(

b) in subsection (2) by adding the following paragraph:

(e.1) effective for a report required on or before July 1, 2013 and for every report required under subsection (1) after that date, the total amount of the producer's product recovered in each regional district; .

Section 9 (2) is repealed and the following substituted:

(2) This Part does not apply to a product in one of the following product categories:

(

a) beverage container product category;

(

b) packaging and printed paper product category.

Section 11 is amended

(

a) in subsection (2) by striking out " offered for sale or distributed in British Columbia " and substituting " offered for sale, distributed or used in a commercial enterprise in British Columbia " and by striking out " offers for sale or distributes a product. " and substituting " offers for sale, distributes or uses in a commercial enterprise a product. ", and

(

b) in subsection (4) (

a) by striking out " offers for sale or distributes, and " and substituting " offers for sale, distributes or uses in a commercial enterprise, and ".

Section 14 is amended

(

a) in subsection (3) by striking out " On or before " and substituting " Subject to subsection (3.1), on or before ", and

(

b) by adding the following subsections:

(3.1) If a producer complies with subsection (3) for 2 consecutive years beginning on the date the producer first provides information to a director under that subsection, the director may exempt the producer from further compliance with subsection (3) if the director determines that the producer is meeting the requirements of this Part.

(3.2) A director who, under subsection (3.1), exempts a producer from complying with subsection (3) may require the producer to resume complying with subsection (3) if the director determines that

(

a) the producer has provided inaccurate or inadequate information in the most recent report required under subsection (1), or

(

b) the producer is not meeting the requirements of this Part.

Section 15 is repealed.

13 The following

Schedule is added:

Schedule 5

Packaging and Printed Paper Product Category

Definitions

1 In this Schedule, "printed paper" means paper that is not packaging, but is printed with text or graphics as a medium for communicating information, and includes telephone directories, but does not include

(

a) other types of bound reference books,

(

b) bound literary books, or

(

c) bound text books.

Packaging and printed paper category

2 The packaging and printed paper product category consists of packaging and printed paper.

Transitional

3 A person who, on the date this

section comes into force, is a producer of a product within the packaging and printed paper product category must

(

a) submit a product stewardship plan under

section 4 [submission of product stewardship plan] of this regulation on or before the date that is 18 months after the date this

section comes into force, if the person continues to be a producer on this date, and

(

b) have an approved plan under

Part 2 of this regulation, and comply with the approved plan, on or before the date that is 36 months after the date this

section comes into force, if the person continues to be a producer on this date,

in order to sell, offer for sale, distribute or use in a commercial enterprise the product in British Columbia.

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