O.C. 188/2018

A.R. 98/2018

June 1, 2018


            The Lieutenant Governor in Council makes the Designated Material Recycling and Management Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Environment and Parks

Authority:                             Environmental Protection and Enhancement Act
                                                (section 175)


 

APPENDIX

Environmental Protection and Enhancement Act

DESIGNATED MATERIAL RECYCLING AND MANAGEMENT AMENDMENT REGULATION

1   The Designated Material Recycling and Management Regulation (AR 93/2004) is amended by this Regulation.

 

2   Section 1 is amended

                                 (a)    by repealing clause (b) and substituting the following:

                                          (b)    “Authority” means the management board referred to in section 2;

                                 (b)    in clause (c) by striking out “Association” and substituting “Authority”;

                                 (c)                                   by adding the following after clause (i):

                                           (j)    “surcharge” means a surcharge prescribed by Bylaw.

 

3   Section 2 is amended

                                 (a)    in subsection (1) by striking out “Tire Recycling Management Association of Alberta” and substituting “Alberta Recycling Management Authority, formerly known as the Tire Recycling Management Association of Alberta”;

                                 (b)    by repealing subsection (2) and substituting the following:

(2)  Where, at any time after the coming into force of this section, the society referred to in subsection (1) changes its name, a reference in this Regulation or any other regulation under the Act to its previous name or to the “Authority” is deemed to be a reference to its new name.

 

4   Section 3 is repealed and the following is substituted:

Surcharges

3   If a Bylaw prescribes a surcharge for a designated material or class of designated material, a supplier shall, in accordance with the Bylaws,

                                 (a)    remit the prescribed surcharge to the Authority, and

                                 (b)    account to the Authority for all surcharges remitted.

 

5   Section 4 is amended

                                 (a)    by striking out “advance disposal”;

                                 (b)    by striking out “Association” and substituting “Authority”.

 

6   Section 5 is amended

                                 (a)    by striking out “Advance disposal surcharges” and substituting “Surcharges”;

                                 (b)    by striking out “Association” and substituting “Authority”.

 

7   Section 6 is amended

                                 (a)    in subsections (1) and (2) by striking out “Association” wherever it occurs and substituting “Authority”;

                                 (b)    in subsection (3) by repealing clause (a) and substituting the following:

                                          (a)    surcharges remitted to the Authority;

 

8   The following is added after section 6:

Transfer of responsibility and fund for
lubricating oil material

6.01(1)  In this section,

                                 (a)    “Association” means the Alberta Used Oil Management Association referred to in section 3 of the Lubricating Oil Material Recycling and Management Regulation (AR 82/97);

                                 (b)    “fund” means the fund established by section 2 of the Lubricating Oil Material Recycling and Management Bylaw (AR 227/2002) pursuant to section 8 of the Lubricating Oil Material Recycling and Management Regulation (AR 82/97);

                                 (c)    “programs and activities” means programs and activities established under section 2 of the Lubricating Oil Material Recycling and Management Bylaw (AR 227/2002), pursuant to section 8 of the Lubricating Oil Material Recycling and Management Regulation (AR 82/97), that exist on October 1, 2018.

(2)  The Association is hereby disestablished as a management board within the meaning of section 175(jj) of the Act.

(3)  The fund is deemed to have been established under section 6 as a separate industry operated recycling fund for lubricating oil material and section 6 applies in respect of the fund.

(4)  The responsibility for administration of the fund is transferred from the Association to the Authority.

(5)  The responsibility for the programs and activities is transferred from the Association to the Authority.

 

9   Sections 8 and 9 are repealed and the following is substituted:

Prohibition

8  No person shall supply a designated material in Alberta unless the person is registered with the Authority and the registration is not under suspension.

Registration, cancellation and suspension

9(1)  The Authority may, on application, register a person as a supplier.

(2)  An application for registration must be made in accordance with the Bylaws.

(3)  The Authority may cancel or suspend the registration of a supplier who contravenes the Act, this Regulation, a material designation regulation or a Bylaw.

(4)  The Authority may cancel the registration of a supplier who

                                 (a)    ceases to supply a designated material in Alberta, or

                                 (b)    applies to surrender the registration.

(5)  A person whose registration is cancelled or suspended under this section shall immediately surrender the certificate of registration to the Authority.

 

10   Section 12 is amended

                                 (a)    in the portion preceding clause (a) by striking out “Association” and substituting “Authority”;

                                 (b)    in clause (c) by striking out “Association” and substituting “Authority”;

                                 (c)    in clauses (d) and (f) by striking out “advance disposal”;

                                 (d)    in clause (h) by striking out “advance disposal surcharges must be remitted to the Association” and substituting “surcharges must be remitted to the Authority”;

                                 (e)    in clause (i) by striking out “advance disposal”;

                                  (f)    in clause (j) by striking out “assessment by the Association of the amount of advance disposal surcharges owing to the Association” and substituting “assessment by the Authority of the amount of surcharges owing to the Authority”;

                                 (g)    in clause (n) by striking out “Association and representatives of the Department of Environment and Sustainable Resource Development” and substituting “Authority and representatives of the Department”;

                                 (h)    by adding the following after clause (p):

                                          (q)    protecting the confidentiality of information provided by applicants for registration and persons registered as suppliers;

                                           (r)    subject to the Act and the regulations made under the Act, respecting any other matter the Authority considers necessary or advisable for the purpose of carrying out its powers, functions or duties in respect of designated materials.

 

11   Section 14 is amended by striking out “section 3(3), 9 or 11” and substituting “section 3, 8, 9(5) or 11”.

 

12   The following provisions are amended by striking out “Association” wherever it occurs and substituting “Authority”:

section 6.1;
section 7;
section 10;
section 11;
section 13;
section 15;
section 16.

 

13   The Electronics Designation Regulation (AR 94/2004) is amended

                                 (a)    in section 1 by repealing clauses (b) and (c) and substituting the following:

                                          (b)    “Authority” means the Authority referred to in section 2 of the Designated Material Recycling and Management Regulation (AR 93/2004);

                                          (c)    “Bylaw” means a Bylaw of the Authority made under section 12 of the Designated Material Recycling and Management Regulation (AR 93/2004);

                                 (b)    in section 3 by repealing the portion preceding the list of electronics and substituting the following:

Maximum surcharge

3   For the purposes of the Designated Material Recycling and Management Regulation (AR 93/2004), the maximum surcharge that may be prescribed by Bylaw for the following electronics is as follows:

 

14   The Paint and Paint Container Designation Regulation (AR 200/2007) is amended

                                 (a)    in section 1 by adding the following after clause (a):

                                      (a.1)    “Authority” means the Authority referred to in section 2 of the Designated Material Recycling and Management Regulation (AR 93/2004);

                                      (a.2)    “Bylaw” means a Bylaw of the Authority made under section 12 of the Designated Material Recycling and Management Regulation (AR 93/2004);

                                 (b)    in section 3 by repealing the portion preceding clause (a) and substituting the following:

Maximum surcharge

3   For the purposes of the Designated Material Recycling and Management Regulation (AR 93/2004), the maximum surcharge that may be prescribed by Bylaw for paint and the containers in which the paint is supplied is as follows:

 

15   The Tire Designation Regulation (AR 95/2004) is amended

                                 (a)    in section 1 by repealing clauses (b) and (c) and substituting the following:

                                          (b)    “Authority” means the Authority referred to in section 2 of the Designated Material Recycling and Management Regulation (AR 93/2004);

                                          (c)    “Bylaw” means a Bylaw of the Authority made under section 12 of the Designated Material Recycling and Management Regulation (AR 93/2004);

                                 (b)    by repealing section 3 and substituting the following:

Maximum surcharge

3   For the purposes of the Designated Material Recycling and Management Regulation (AR 93/2004), the maximum surcharge that may be prescribed by Bylaw for tires is the relevant amount prescribed in the Schedule.

 

16   This Regulation comes into force on October 1, 2018.