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The Waste Reduction and Prevention and Consequential Amendment Act

S.M. 1989-90, c. 60

Bill 84, 2nd Session, 34th Legislature

The Waste Reduction and Prevention and Consequential Amendment Act

(Assented to March 15, 1990)

WHEREAS the volume of waste generated in Manitoba is a threat to the environment;

AND WHEREAS action is required to reduce and prevent waste;

AND WHEREAS governments, government agencies and all members of society are responsible for reducing and preventing waste;

AND WHEREAS that responsibility includes contributing toward the cost of waste reduction and prevention;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

PURPOSE AND DEFINITIONS

Purpose

1           The purpose of this Act is to reduce and prevent the production and dissemination of waste in the province and to this end

(a) to encourage consumers, producers, governments, government agencies and other persons to develop and adopt practices and programs for the reduction and prevention of waste;

(b) to support research and innovation in the field of waste reduction and prevention; and

(c) to enhance public awareness of the detrimental effect of waste on the environment and the natural resources of the province.

Definitions

2           In this Act,

"consumer" means a user or consumer of a product or material but does not include the producer of the product or material; («consommateur»)

"environment officer" means a person designated as an environment officer under subsection 7(2); («agent de l'environnement»)

"litter" means intentionally or accidentally discarded products or materials but does not include refuse; («déchets sauvages»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)

"producer" means a person who owns, operates or controls a business, undertaking or industry that produces a product or material and includes a vendor, supplier or distributor of a product or material; («producteur»)

"product or material" means any product or material designated in the regulations as a product or material that becomes waste or has the potential to become waste, and includes the container, wrapping or packaging of any such product or material; («produit ou matériau»)

"refuse" means any discarded products or materials disposed of in a proper receptacle for that purpose or in a waste disposal ground; («résidus»)

"waste" means litter or refuse; («déchets»)

"waste reduction and prevention" includes

(a) reducing the use of or the number of products or materials, and

(b) reusing, recycling or recovering products or materials. («réduction du volume et de la production des déchets»)

PART 2

WASTE REDUCTION AND PREVENTION STRATEGIES

POWERS OF MINISTER

Powers of minister

3           To carry out the purpose of this Act, the minister may

(a) consult with producers, consumers, governments, government agencies and other persons and make recommendations with respect to improving waste reduction and prevention programs and practices;

(b) encourage producers, consumers, governments, government agencies and other persons to implement programs and practices to reduce and prevent waste;

(c) monitor the waste reduction and prevention programs and practices of producers, consumers, governments and government agencies;

(d) undertake, or by means of grants or other assistance, support and encourage programs or research in the field of waste reduction and prevention;

(e) cause the preparation and publication of educational materials pertaining to waste reduction and prevention;

(f) enter into any agreements respecting waste reduction and prevention that the minister considers advisable; and

(g) generally, do any acts the minister considers necessary to carry out the purpose of this Act.

WRAP Strategy Report by minister

4           The minister shall cause to be prepared within six months from the date of the coming into force of this section and annually thereafter, a "Waste Reduction and Prevention Strategy Report" which includes the following information:

(a) a statement of specific goals relating to waste reduction and prevention;

(b) a plan setting out the means of achieving these goals; and

(c) a report on waste reduction and prevention activities in the province.

Tabling of report

5           The minister shall lay the report referred to in section 4 before the Legislative Assembly immediately if the Legislative Assembly is in session, or, if the Legislative Assembly is not in session, the minister shall

(a) without delay, provide a copy of the report to each member of the Legislative Assembly;

(b) make copies of the report available to the public; and

(c) lay the report before the Legislative Assembly within 15 days of the beginning of the next ensuing session.

Advisory committee

6(1)        The minister shall establish an advisory committee for the purpose of providing advice and assistance in carrying out the purpose of this Act.

Minister's powers with respect to the committee

6(2)        The minister may, with respect to the committee established under this section,

(a) appoint or provide for the manner of appointment of its members;

(b) prescribe the term of office of any member; and

(c) designate a chairperson.

Powers and duties of committee

6(3)        The committee established under this section shall advise the minister in respect of

(a) the purposes of this Act and its implementation; and

(b) any exemption proposed to be made by regulation under clause 22(1)(n);

and shall exercise any powers and perform the duties and functions that the minister approves, confers or imposes on it.

Delegation of powers

7(1)        The minister may by written order delegate any duty or power imposed on the minister by this Act or the regulations, to a person who is under the responsibility of the minister.

Designation of environment officers

7(2)        The minister may by written order designate persons to be environment officers for the purpose of this Act and the regulations.

DEPOSITS AND ASSESSMENTS

WRAP deposits and handling fees paid by consumers

8(1)        As their contribution toward the cost of waste reduction and prevention, consumers shall pay deposits and handling fees to producers on such products or materials, in such amounts, at such times and in such manner as may be prescribed in the regulations.

Payment of deposits and handling fees

8(2)        Where a deposit and a handling fee are required under subsection (1),

(a) the producer of the product or material shall collect the amount of the deposit and the handling fee from the consumer to whom the product or material is sold or supplied; and

(b) the consumer of the product or material shall pay the amount of the deposit and the handling fee to the producer who sells or supplies the product or material to the consumer.

Deposit deemed to be collected

8(3)        A producer who does not collect the deposit and handling fee, or either of them, required to be collected under subsection (2) is deemed to have collected those amounts and is liable to account for those amounts to such persons and in such manner as may be prescribed in the regulations.

Deposits and handling fees to be remitted

8(4)        A producer who collects the deposit and the handling fee under subsection (2) shall remit the amounts collected to such persons, in such manner and at such times as may be prescribed in the regulations.

Deposits refunded to consumers

9           Deposits paid by consumers under section 8 shall be refunded to consumers in such amounts, by such persons and in such manner as may be prescribed in the regulations.

Unrefunded deposits

10          If a producer collects more deposits from consumers than the amounts refunded to consumers under section 9, the producer is liable to forfeit the unrefunded deposits to the government, in such amounts and in such manner as may be prescribed in the regulations.

Handling fees

11          Handling fees paid by consumers under section 8 shall be disposed of to such persons, in such amounts and in such manner as may be prescribed in the regulations.

WRAP assessments paid by producers

12           As their contribution toward the cost of waste reduction and prevention, producers shall pay pre-disposal levies, licence fees, or other assessments, in relation to such products or materials, in such amounts, to such persons, at such times and in such manner as may be prescribed in the regulations.

Refund or rebate of assessments

13          Producers who have paid pre-disposal levies, licence fees or other assessments under section 12 shall be entitled to receive refunds or rebates in such amounts, at such times and upon such terms and conditions as may be prescribed in the regulations.

Licensing of producers

14          The minister may require producers to obtain licences in relation to such products or materials, upon payment of such fees, upon such terms and conditions and in accordance with such procedures as may be prescribed in the regulations.

Prohibition

15(1)       No person shall use, produce, consume, vend, supply or distribute any product or material, if the use, production, consumption, vending, supply or distribution of the product or material is prohibited in the regulations.

Restriction

15(2)       No person shall use, produce, consume, vend, supply or distribute any product or material contrary to any restriction provided in the regulations.

PART 3

ENFORCEMENT AND OFFENCES

Required reports and records

16          Every person required to pay, collect, remit, refund, receive, forfeit, dispose of, or otherwise deal with any deposit, handling fee, pre-disposal levy, licence fee or other assessment under this Act or the regulations

(a) shall make to the minister, a report in such form and containing such information as may be prescribed in the regulations; and

(b) shall keep and maintain such sales, purchase, production or other records containing such information as may be prescribed in the regulations.

Powers of environment officers

17          For the purpose of enforcing and administering this Act, an environment officer may at any reasonable time, and where requested upon presentation of an identification card issued by the minister,

(a) without a warrant, enter any building, vehicle or other place and make such inspections as may be reasonably required to determine compliance with this Act or the regulations;

(b) require the production of any record that the environment officer reasonably considers necessary for the purpose of enforcing and administering this Act or the regulations; and

(c) examine and make copies of any record referred to in clause (b).

Entry with order

18(1)       Where a justice is satisfied by information under oath that there are reasonable grounds for believing that it is necessary for an environment officer to enter any building, vehicle or other place for the enforcement of this Act or the regulations, and

(a) a reasonable, unsuccessful effort to effect entry without the use of force has been made; or

(b) there are reasonable grounds for believing that entry would be denied without a warrant;

the justice may at any time, and where necessary upon ex parte application, issue an order authorizing an environment officer, and such other persons as may be named therein, with such peace officers as are required to assist, to enter the building, vehicle or other place and to take any action that an environment officer may take under section 17.

Warrant to enter and seize

18(2)       A justice who is satisfied by information under oath that there are reasonable and probable grounds for believing that

(a) a violation of this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building, vehicle or other place in the province a record or other thing that affords evidence of the violation;

may at any time, and where necessary upon ex parte application, issue a warrant authorizing an environment officer, and such other persons as may be named therein, with such peace officers as are required to assist, to enter and search the building, vehicle or other place for the record or thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Offences

19          Every person who

(a) is required under this Act or the regulations to pay a deposit, handling fee, pre-disposal levy, licence fee or other assessment and refuses or fails to do so;

(b) is required under this Act or the regulations to collect, remit, refund, receive, forfeit, dispose of or otherwise deal with any deposit, handling fee, pre-disposal levy, licence fee, or other assessment and refuses or fails to do so;

(c) refuses or fails to produce for inspection to any person entitled to inspect them, any records that the person is required under the Act or the regulations to produce;

(d) refuses or fails to make any report required under this Act or the regulations;

(e) makes a report under this Act or the regulations that is false or misleading;

(f) obstructs or attempts to obstruct an environment officer or any other person in the performance of his or her duties under this Act or the regulations; or

(g) contravenes or violates any other provision of this Act or the regulations;

is guilty of an offence under this Act.

Penalties

20(1)       Every person who is guilty of an offence under this Act is liable, on summary conviction, to a fine of not more than $25,000. or to imprisonment for a term of not more than one year, or to both and where the person is a corporation, to a fine of not more than $250,000.

Additional penalty

20(2)       A judge may, in addition to any penalty imposed under subsection (1), require the convicted person to pay an additional fine that takes into account

(a) any monetary benefit, or estimated monetary benefit, that accrues to the convicted person as a result of the offence; and

(b) any environmental damage that results from the commission of the offence, and the cost or estimated cost of rectifying the environmental damage.

Offence by director of corporation

21          Any officer, director or agent of a corporation who directs, authorizes, assents to, acquiesces in or participates in the commission of an offence is a party to and guilty of the offence and is liable on conviction to the penalties set out in section 20.

PART 4

REGULATIONS AND GENERAL PROVISIONS

Regulations

22(1)       The Lieutenant Governor in Council may make regulations

(a) designating products or materials for the purpose of this Act;

(b) respecting deposits and handling fees including prescribing the amounts of the deposits and handling fees, the products or materials on which they are payable, and the times and manner of payment;

(c) requiring and respecting the remitting of deposits, handling fees, pre-disposal levies, licence fees or other assessments, including prescribing the persons to whom they are remittable, and the times and manner of remitting;

(d) respecting the amount of refunds, the persons authorized to make refunds, and the manner of refunding deposits under section 9;

(e) requiring and governing the forfeiture of unrefunded deposits, including the amount and the manner of forfeiture under section 10;

(f) respecting the amount of handling fees, the persons to whom they are disposable and the manner of disposing of them under section 11;

(g) respecting pre-disposal levies, licence fees or other assessments, including prescribing the amounts of pre-disposal levies, licence fees and other assessments, the products or materials in relation to which they are payable, the persons to whom they are payable, and the times and manner of payment;

(h) prescribing formulae for the determination of the amounts of deposits, handling fees, pre-disposal levies, licence fees or other assessments;

(i) respecting the collection, remittance, refunding, receiving, forfeiting or disposal of deposits, handling fees, pre-disposal levies, licence fees or other assessments and the means of enforcing these obligations;

(j) respecting the amount, times and terms and conditions of refunding or rebating any amounts paid by producers on account of pre-disposal levies, licence fees or other assessments;

(k) requiring and governing the licensing of producers including the amount and determination of licence fees to be paid by producers, and the terms and conditions of licences;

(l) setting out the procedures with respect to issuing, obtaining, cancelling or suspending licences;

(m) prohibiting or restricting the use, production, consumption, vending, supply or distribution of any product or material for the purpose of this Act;

(n) exempting specific classes of producers or consumers from the application of all or part of this Act or the regulations;

(o) requiring producers to develop, submit and implement waste reduction and prevention plans and prescribing the details that shall be set out in the plans, and the terms and conditions of such plans;

(p) requiring producers or groups of producers to form associations for the purpose of implementing waste reduction and prevention practices and programs;

(q) respecting the establishment and operation of waste reduction and prevention programs;

(r) respecting the manner and form of making reports and the records to be kept for the purpose of this Act;

(s) defining any word or expression used in this Act and not defined in this Act; and

(t) respecting any matter the Lieutenant Governor in Council considers necessary or advisable for the purpose of this Act.

Public consultation in regulation development

22(2)       Except in circumstances considered by the minister to be of an emergency nature, in the development of regulations under this Act the minister shall provide an opportunity for public consultation and seek advice and recommendations regarding the proposed regulations.

Regulations applicable to part of province

23          The Lieutenant Governor in Council may make regulations with respect to the whole or any part of the province.

Crown bound

24          The Crown is bound by the provisions of this Act.

Citation

25          The preamble and Parts 1 to 4 of this Act may be cited as The Waste Reduction and Prevention Act and may be published in The Continuing Consolidation of the Statutes of Manitoba under that title and may be referred to as chapter W40 of those Statutes.

PART 5

CONSEQUENTIAL AMENDMENT AND COMING INTO FORCE

CCSM c. E125 amended

26(1)       The Environment Act is amended by this section.

Subsection 1(2) amended

26(2)       Subsection 1(2) is amended by adding the following definition in alphabetical order within the section:

"fund" means the Environmental Innovations Fund established under section 45.1. («Fonds»)

Subsection 41(1) amended

26(3)       Subsection 41(1) is amended by adding the following after clause (y):

(z) respecting applications for grants under section 45.2 and the amount and the terms and conditions of grants.

Sections 45.1 & 45.2 added

26(4)       The following is added after section 45:

Environmental Innovations Fund

45.1(1)     A fund to be known as the "Environmental Innovations Fund" is hereby established.

Object of fund

45.1(2)     The object of the fund is to provide financial support for the development, implementation and promotion of environmental innovation projects.

Amounts credited to fund

45.1(3)     The fund shall be credited with any amounts appropriated by the Legislature for the purposes of the fund.

L.G. in C. to authorize expenditures

45.1(4)     On the recommendation of the minister, the Lieutenant Governor in Council may authorize expenditures from the fund for

(a) the payment of grants under section 45.2;

(b) the promotion, development, delivery or implementation of environmental innovation projects;

(c) research in the field of environmental innovation; and

(d) any other environmental innovation purpose that the Lieutenant Governor in Council considers necessary or advisable.

Applications for Environmental Innovation grants

45.2(1)     A person may, in accordance with the regulations, apply to the minister for a grant for an environmental innovation project.

Grants by L. G. in C.

45.2(2)     The Lieutenant Governor in Council may make a grant to a person from the fund in such amount and upon such terms and conditions as may be prescribed in the regulations.

Coming into force

27          This Act comes into force on a day fixed by proclamation.