2The following definitions apply in this Regulation.
“Act” means the Clean Environment Act. (Loi)
“beverage” means a ready-to-serve liquid that is intended for human consumption but does not include milk, plant-based milk product alternatives that are fortified and a source of protein, unprocessed apple cider, concentrated drinks, infant formula, meal replacements or formulated liquid diets. (boisson)
“beverage container” means a sealed container, including all its component parts, that contains a beverage in a maximum quantity of five litres, and includes a box or similar container used to contain, protect, handle, deliver or present refillable glass beer bottles. (récipient à boisson)
“Board” means the body corporate continued under section 3 under the name Recycle New Brunswick. (commission)
“brand owner” means
(propriétaire de marque)
(a)
in Part 5, a person who
(i)
manufactures paint in the Province and sells, offers for sale or distributes that paint in the Province,
(ii)
is the owner or licensee in the Province of a registered or unregistered trademark under which paint is sold, offered for sale or distributed in the Province, or
(iii)
brings paint into the Province for sale or distribution;
(b)
in Part 5.1, a person who
(i)
manufactures oil, oil filters or glycol in the Province and sells, offers for sale or distributes the oil, oil filters or glycol in the Province,
(ii)
is the owner or licensee in the Province of a registered or unregistered trademark under which oil, oil filters or glycol is sold, offered for sale or distributed in the Province,
(iii)
brings oil, oil filters or glycol into the Province for sale or distribution, or
(iv)
brings oil, oil filters or glycol into the Province for use in a commercial enterprise;
(b.1)
in Part 5.2, with respect to an electronic product sold, offered for sale or distributed in or into the Province, a person who
(i)
is a manufacturer of electronic products,
(ii)
is a distributor of electronic products,
(iii)
is an owner or licensee of a registered or unregistered trademark under which electronic products are sold, offered for sale or distributed, or
(iv)
if an electronic product is imported into the Province, is the first person to sell the electronic product;
(b.2)
in Part 5.3, with respect to packaging and paper sold, offered for sale or distributed in or into the Province, a person who
(i)
is a manufacturer of packaging or paper,
(ii)
is a distributor of packaging or paper,
(iii)
is an owner or licensee of a registered or unregistered trademark under which packaging or paper is sold, offered for sale or distributed, or
(iv)
if packaging or paper is imported into the Province, is the first person to sell the packaging or paper;
(b.3)
in Part 5.4, with respect to pharmaceutical products and medical sharps sold, offered for sale or distributed in or into the Province, a person who
(i)
is a manufacturer of pharmaceutical products or medical sharps,
(ii)
is a distributor of pharmaceutical products or medical sharps,
(iii)
is an owner or licensee of a registered or unregistered trademark under which pharmaceutical products or medical sharps are sold, offered for sale or distributed, or
(iv)
if a pharmaceutical product or medical sharp is imported into the Province, is the first person to sell the pharmaceutical product or medical sharp;
(b.4)
in Part 5.5, with respect to beverage containers sold, offered for sale or distributed in or into the Province, a person who
(i)
is a manufacturer of beverage containers,
(ii)
is a distributor of beverage containers,
(iii)
is an owner or licensee of a registered or unregistered trademark under which beverage containers are sold, offered for sale or distributed, or
(iv)
if beverage containers are imported into the Province, is the first person to sell the beverage containers; and
(c)
in all other Parts, a person referred to in paragraph (a), (b), (b.1), (b.2), (b.3) or (b.4).
“fiscal year” means the fiscal year established by the Board in its by-laws. (exercice financier)
“glycol” means ethylene or propylene glycol used or intended for use as a vehicle or commercial engine coolant, but does not include the following:
(glycol)
(b)
windshield washer antifreeze;
(c)
lock de-icer and antifreeze; and
(d)
gasoline and diesel fuel antifreeze.
“inspection” means an inspection conducted under this Regulation, and includes an audit. (inspection)
“inspector” means a person designated as an inspector under the Act or as an agent under section 51. (inspecteur)
“marketing material” means a material, substance or object that is, or is intended to be, attached to a commodity or product or its container for the purpose of marketing or communicating information about the commodity or product.(matériel de marketing)
“medical sharp” means a needle, safety engineered needle, lancet or other similar instrument that is designed, for medical purposes, to puncture the skin of a consumer or their companion animal and includes anything affixed to the medical sharp, including a syringe. (objet médical pointu ou tranchant)
“member” means a member of the Board. (membre)
“new tire” means a tire supplied separately or with a machine or device but does not include a retreaded tire or a used tire. (pneu neuf)
“oil” means
(huile)
(a)
petroleum or synthetic derived crankcase oil, engine oil and gear oil, and hydraulic fluid, transmission fluid and heat transfer fluid, and
(b)
fluid used for lubricating purposes in machinery or equipment.
“oil filter” means
(filtre à huile)
(a)
a spin-on style or element style fluid filter that is used in hydraulic, transmission or internal combustion engine applications, and
(b)
an oil filter, a diesel fuel filter, a storage tank fuel filter and a household furnace oil filter other than a gasoline filter.
“packaging” means any material that is used for the containment, protection, handling, delivery or presentation of a product that is provided to a consumer, any marketing material and any packaging-like products, but does not include
(emballage)
(a)
a designated material referred to in section 35, 50.11 or 50.91
(c)
packaging that is unsafe or unsanitary, or could become unsafe or unsanitary by virtue of its anticipated use, and is not suitable to be recycled.
“packaging-like product” means a container or covering that is sold as a product, is used by a consumer for their own packaging needs and would be ordinarily disposed of after a single use or short-term use, but does not include
(produit utilisé aux fins d’emballage)
(a)
a product designed for the containment of waste, or
(b)
a product that is unsafe or unsanitary, or could become unsafe or unsanitary by virtue of its anticipated use, and is not suitable to be recycled.
“paint” means
(peinture)
(a)
a tinted or untinted latex, oil or solvent-based architectural coating used for commercial or household purposes, including stain, and includes the coating’s container, or
(b)
a coloured or clear paint or stain sold in an aerosol container and includes the paint’s or stain’s container, but does not include coatings intended for marine antifouling, industrial or automotive applications.
“paper” means paper that is provided to a consumer that is printed, or intended to be printed, and includes telephone directories, but does not include
(papier)
(d)
paper that is unsafe or unsanitary, or could become unsafe or unsanitary by virtue of its anticipated use, and is not suitable to be recycled.
“pharmaceutical product” means a drug as defined in section 2 of the
Food and Drugs Act (Canada) and a natural health product as defined in subsection 1(1) of the
Natural Health Products Regulations made under that Act, but does not include
(produit pharmaceutique)
(a)
a food as defined in section 2 of the
Food and Drugs Act (Canada),
(b)
a cosmetic as defined in section 2 of the
Food and Drugs Act (Canada),
(c)
a drug that is a radiopharmaceutical as defined in Part C of the
Food and Drug Regulations made under the
Food and Drugs Act (Canada),
(d)
a drug for veterinary use except a drug for veterinary use in a consumer’s companion animal,
(e)
a topical substance that does not contain an antibiotic, antifungal or analgesic, or
(f)
a drug that is represented as being solely for use as a disinfectant on hard non-porous surfaces.
“processor” means a person engaged in the business of recycling scrap tires. (exploitant)
“registrant” means a person who holds a registration granted by the Board under section 14. (titulaire)
“scrap tire” means a tire that is no longer suitable for its original intended purpose because of wear, damage, defect or any other reason. (pneu usé)
“supplier” means a person who, in the course of doing business, supplies new tires in New Brunswick. (fournisseur)
“supply” , with respect to tires, means to transfer or to offer to transfer any property interest, other than by transferring for the sole purpose of creating a security interest within the meaning of the
Personal Property Security Act or the
Bank Act (Canada), by any of the following manners:
(fournir)
(a)
sale, whether conditional or otherwise;
(e)
lease or rental, whether with an option to purchase
“tire” means a tire that is air-filled or designed to be air-filled, other than a tire that is used or intended to be used on a cycle, a wheelbarrow or another machine or device that is propelled solely by human or animal power. (pneu)
“valid registration” means a registration granted by the Board that has not been suspended or cancelled. (immatriculation valide)
2012-92; 2013-82; 2015-57; 2021-76; 2022-73; 2023-20