Used Oil, Oil Filters and Containers Stewardship Regulation

Used Oil, Oil Filters and Containers Stewardship Regulation, M.R. 86/97 The Waste Reduction and Prevention Act , C.C.S.M. c. W40 Regulation 86/97 Registered April 11, 1997 bilingual version (HTML) Table of Contents Section 1 Interpretation 2 Designation of material USED OIL PRODUCTS AND MATERIAL STEWARDSHIP PROGRAM 3 Prohibitions 4 Requirements for used oil products and material stewardship program 5 Application for approval 6 Applicant must meet requirements for approval 7 Issuance of approval 7.1 Minister may impose new or additional conditions 8 Procedure for refusal of approval or renewal 9 Continuance when renewal pending 10 Suspension or cancellation of approval 11 Cancellation in certain circumstances 12 Amendment of plan 13 Implementation of plan 13.1 Providing information REPORTS AND CONFIDENTIALITY 14 Annual report 15 Information to be confidential 16 Availability of annual report GENERAL PROVISIONS 17 Minister may establish guidelines 18 Service of notice 19 Review and recommendation TRANSITIONAL AND COMING INTO FORCE 20 Coming into force Interpretation 1(1) In this regulation, "Act" means The Waste Reduction and Prevention Act ; («  Loi  ») "business" includes farming; (« affaires ») "container" means a container with a capacity of 30 litres or less that is manufactured for the purpose of holding oil or in which oil is supplied; (« contenant ») "oil" means any petroleum or synthetic crankcase oil, engine oil, hydraulic fluid, transmission fluid, gear oil, heat transfer fluid, or other fluid capable of use for lubricating purposes in machinery or equipment; (« huile ») "oil filter" means any spin-on or element style oil filter that is used in hydraulic, transmission or internal combustion engine applications and includes a diesel fuel filter but does not include a gasoline fuel filter; (« filtre à huile ») "oil products and material" means oil, oil filters or containers; (« produits et matériaux d'huile ») "operator" means a person who operates a used oil products and material stewardship program approved by the minister in accordance with this regulation; (« exploitant ») "person" includes a partnership; (« personne ») "registry" means the public registry established under section 17 of The Environment Act ; (« registre ») "steward" means a steward of oil, oil filters and containers; "steward of oil, oil filters and containers" means (a) the first person who, in the course of business in Manitoba, supplies oil, oil filters or oil in containers to another person, or (b) a person who, in the course of business in Manitoba, uses oil, oil filters or oil in containers obtained in a supply transaction outside of Manitoba; (« gestionnaire ») "supply" means to transfer a property interest by (a) sale, whether conditional or otherwise, (b) exchange, (c) barter, (d) lease or rental, whether with an option to purchase or otherwise, or (e) gift, but does not include a supply that is effected solely to create a security interest within the meaning of The Personal Property Security Act or the Bank Act (Canada); (« fourniture ») "used container" means a container that contains or has contained oil and that through use, storage, handling, defect, damage, expiry of shelf life or other similar circumstance can no longer be used for its original purpose; (« contenant usagé ») "used oil" means oil that through use, storage, handling, defect, damage, expiry of shelf life or other similar circumstance can no longer be used for its original purpose; (« huile usée ») "used oil filter" means an oil filter that through use, storage, handling, defect, damage or other similar circumstance can no longer be used for its original purpose; (« filtre à huile usagé ») "used oil products and material" means used oil, used oil filters or used containers; (« produits et matériaux d'huile usagés ») "used oil products and material stewardship program" means a waste reduction and prevention program for used oil, used oil filters and used containers approved under section 6. (« programme de gestion des produits et matériaux d'huile usagés ») 1(2) A supply of oil products and material by a person is a supply "for consumption" if it is a supply (a) by the person for consumption by a final consumer in Manitoba and not for the purpose of its being supplied again; or (b) to a second person followed by one or more supply transactions, any of which is a transaction in which the oil products and material are supplied for consumption by a final consumer in Manitoba and not for the purpose of being supplied again. Designation of material 2 Oil, oil filters and containers are designated as designated material for the purpose of the Act. USED OIL PRODUCTS AND MATERIAL STEWARDSHIP PROGRAM Prohibitions 3(1) No person shall supply oil products and material for consumption unless (a) the steward of the oil, oil filters or containers operates or subscribes to a used oil products and material stewardship program; or (b) the person operates or subscribes to a used oil products and materials stewardship program. 3(2) No person shall in the course of business use in Manitoba oil products and material obtained in a supply transaction outside of Manitoba unless the person operates or subscribes to a used oil products and material stewardship program. 3(3) No person shall supply oil products and material for consumption in a retail sale in Manitoba unless the person makes available to the consumer point of sale information under a used oil products and material stewardship program. 3(4) [Repealed] M.R. 43/98 3(5) [Repealed] M.R. 205/2014 M.R. 43/98; 205/2014 Requirements for used oil products and material stewardship program 4(1) A used oil products and material stewardship program (a) shall be consistent with the principles set out in subsection 1(2) of the Act; (b) shall be consistent with any written guidelines established by the minister respecting such programs; and (c) shall be open to any steward who wishes to subscribe to the program in accordance with the plan for the program approved by the minister under this regulation. 4(2) A plan for a used oil products and material stewardship program shall include provision for (a) the establishment and administration of a waste reduction and prevention program for used oil products and material; (b) the appropriate management of used oil products and material in accordance with any written guidelines established by the minister; (c) a province-wide, convenient collection system for used oil products and material without user fees for users of the system; (d) a system for the payment of expenditures incurred in the collection, transportation, storage, processing and disposal of used oil products and material in connection with the waste reduction and prevention program; (e) the orderly collection of revenues from subscribers to the program in balance with expenditures for the program; (f) the establishment and administration of education programs for the purpose of the waste reduction and prevention program; (g) the establishment and administration of a point of sale information program for the purpose of the waste reduction and prevention program; (h) the payment of salaries and other costs of government for the administration and enforcement of this regulation and of the Act as it relates to oil products and materials and used oil products and materials; and (i) ongoing consultations about the stewardship program with persons who the operator considers the stewardship program may affect, including members of the public, in accordance with any guidelines respecting consultation that the minister may establish. 4(3) A plan for a used oil products and material stewardship program may include (a) provision for the establishment and administration of research and development activities related to the management of used oil products and material; (b) provision for training and educational activities related to the management of used oil products and material; (c) provision for activities related to pollution prevention and waste reduction; and (d) any other activities that the minister may approve. 4(4) The fiscal year of a used oil products and material stewardship program shall be the calendar year. M.R. 205/2014 Application for approval 5(1) A person who intends to operate a used oil products and material stewardship program shall submit a plan for the program and apply to the minister for approval of the plan. 5(2) An application for approval of a plan for a used oil products and material stewardship program or renewal of an approval shall (a) be in the form and contain the information required by the minister; and (b) include a business plan for the implementation of the applicant's responsibilities under the Act and this regulation covering the period for which the approval is being sought. 5(3) A plan for a used oil products and material stewardship program, or for the renewal of an approval, shall be filed in the registry upon receipt by the minister and the minister will (a) receive comments on the plan for 28 days from the date it is filed in the registry; and (b) consider the comments before making a decision on whether or not to approve the plan under subsections 6(1) and (2). 5(4) An application for renewal of an approval must be received by the minister no later than 60 days before the expiry of the existing period of approval. Applicant must meet requirements for approval 6(1) An applicant shall meet the requirements of the Act, this regulation and any written guidelines established by the minister before being entitled to an approval of a used oil products and material stewardship program plan or renewal of an approval. 6(2) The minister may grant an approval subject to conditions. 6(3) The minister may grant an approval on an interim basis subject to conditions to be complied with by the applicant pending confirmation or refusal of the approval. Issuance of approval 7(1) In this section "approval" includes an interim approval granted under subsection 6(3). 7(2) The minister shall issue a letter of approval to an applicant who is entitled to an approval of a used oil products and material stewardship program plan or a renewal of approval. 7(3) A letter of approval shall set out any conditions imposed by the minister. 7(4) An approval expires on the date stated in the letter of approval. 7(5) An approval is not transferable. Minister may impose new or additional conditions 7.1 The minister may impose new or additional conditions on an approval granted under section 6. M.R. 205/2014 Procedure for refusal of approval or renewal 8(1) When the minister proposes to refuse to grant or renew an approval of a used oil products and material stewardship program plan, the minister shall serve a notice of the proposal and a statement of the reasons for it on the applicant. 8(2) A notice under subsection (1) must inform the applicant that he or she may, within 10 days after the notice is served, make representations in writing about the proposal. 8(3) If the applicant does not respond within the time stated in the notice, the minister may carry out the proposal stated in the notice. 8(4) If the applicant responds within the time stated in the notice, the minister shall consider the representations by the applicant before (a) carrying out the proposal; or (b) granting the approval or renewal. Continuance when renewal pending 9 When an applicant applies for renewal of the approval of his or her program plan within the time limit prescribed in subsection 5(4), the approval is deemed to continue (a) until the renewal is granted; or (b) if the applicant is served with a notice under subsection 8(1), until the minister carries out his or her proposal or issues the renewal. Suspension or cancellation of approval 10(1) The minister may suspend or cancel the approval of a plan for a used oil products and material program where the operator is in breach of any provision of the Act or this regulation. 10(2) Where the approval of a plan for a used oil products and material program is suspended under subsection (1), the operator shall not operate the program until he or she satisfies any requirements for reinstatement imposed by the minister. 10(3) When the minister proposes to cancel or suspend the approval of a used oil products and material stewardship program plan, the minister shall serve a notice of the proposal and a statement of the reasons for it on the operator and subsections 8(2) to (4) apply to the notice and the proposal with necessary modifications. Cancellation in certain circumstances 11 Notwithstanding anything in this regulation, the minister may cancel the approval of an operator who (a) ceases to operate a program; or (b) applies to surrender his or her approval. Amendment of plan 12(1) An operator may apply for approval of an amendment to a used oil products and material stewardship program plan subsequent to the approval of the plan by the minister and shall (a) file the amended program plan with the minister without delay for the minister's approval; and (b) provide the minister with such information as he or she may require about the amendment and its effect on the program plan. 12(2) An operator shall not act on any amendment to a program plan until the minister has notified the operator in writing that the amendment has been approved. 12(3) An amended program plan shall be filed in the registry upon receipt by the minister and the minister will (a) receive comments on the amended program plan for 28 days from the date it is filed in the registry; and (b) consider the comments before making a decision on whether or not to approve the amended program plan under subsection 12(4). 12(4) The minister may approve the amendment or may, subject to subsection (5), refuse to approve the amendment. 12(5) When the minister proposes to refuse to approve an amendment, he or she shall serve a notice of the proposal on the operator and subsections 8(2) to (4) apply to the notice and the proposal with necessary modifications. Implementation of plan 13 An operator shall ensure that a used oil products and material stewardship program plan, as originally approved or approved as amended under section 12, is implemented substantially in accordance with its intent, subject to any conditions imposed by the minister. Providing information 13.1 An operator must provide any information about the used oil products and material stewardship program requested by the minister. M.R. 205/2014 REPORTS AND CONFIDENTIALITY Annual report 14(1) Within 120 days after the end of the calendar year, an operator shall provide to the minister an annual report summarizing the program activities of the operator in the calendar year and containing audited financial statements covering the program for the calendar year. 14(2) Without limiting the generality of subsection (1), the annual report must include (a) a description of the consultations about the stewardship program carried out by the operator during the calendar year and a summary of the results of the consultations; and (b) any information the minister directs the operator to include in the annual report. M.R. 205/2014 Information to be confidential 15(1) Except as provided in subsection (2), information in any document upon which a report provided under section 14 is based is confidential to the extent that any information in the document would be reasonably expected to identify the volume of sales of any designated material or type of designated material, or the market share of any designated material or type of designated material, of any steward and no person who obtains the document shall knowingly disclose, or permit any person to disclose that information, except with the consent of the person who provided the report or document. 15(2) A report provided under subsection (1) or any document upon which the report is based may be disclosed (a) for the purpose of the administration or enforcement of the Act or this regulation or legal proceedings related to that enforcement; (b) when required by law; or (c) when the information in the report or document is publicly available. 16(1) [Repealed] M.R. 205/2014 Availability of annual report 16(2) After providing the minister with an annual report under section 14, the operator of used oil products and material stewardship program shall make a copy of the report available without cost to any person on request. M.R. 205/2014 GENERAL PROVISIONS Minister may establish guidelines 17 The minister may establish written guidelines respecting (a) the requirements for a used oil products and materials stewardship program and the operation of such a program; (b) the management of used oil products and materials; or (c) any other matter provided for under this regulation. Service of notice 18(1) A notice that is required to be served by the minister shall be served on a person in accordance with subsection (2), and (a) if the person is an individual, on the individual; (b) if the person is a corporation, on a director or officer of the corporation; or (c) if the person is a partnership, on a partner who is an individual or a corporation, in the manner set out in clause (a) or (b), as the circumstances require. 18(2) A notice may be served on a person or on a director or officer of a corporation (a) by personally giving a copy to the person, director or officer; (b) by sending a copy to his or her address last known to the minister by any method, including registered mail, certified mail or prepaid courier, if there is a record of delivery by the party who delivered the copy; or (c) by telephone transmission of a facsimile of the notice or by other electronic transmission to the person, director or officer, if there is a record (i) of the telephone number to which the transmission was sent, (ii) of the date on which the transmission was sent, and (iii) that the transmission included the full text of the notice. 18(3) A notice sent by mail is deemed to be received by the intended recipient on the earlier of (a) the day the intended recipient actually receives it; and (b) the fifth business day after the day it is mailed. 18(4) A notice sent by a method referred to in clause (2)⁠(c) is deemed to be received by the intended recipient on the earlier of (a) the day the intended recipient actually receives it; and (b) the first business day after the day it is sent. Review and recommendation 19 Not later than five years after the date this regulation is registered, the minister shall (a) review the effectiveness of the operation of this regulation including consulting with such persons affected by it as the minister considers appropriate; and (b) recommend to the Lieutenant Governor in Council that the regulation be amended, continued or repealed. TRANSITIONAL AND COMING INTO FORCE Coming into force 20(1) This regulation, except section 3, comes into force on the day it is registered. 20(2) Subsections 3(1) to (4) come into force 4 months after the day this regulation is registered. 20(3) Subsection 3(5) comes into force 3 months after the day this regulation is registered.