Plastic Bag Reduction Act General Regulations

t PLASTIC BAG REDUCTION ACT GENERAL REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to July 27, 2019. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca General Regulations Section 1 PLASTIC BAG REDUCTION ACT CHAPTER P-9.2 GENERAL REGULATIONS Pursuant to section 7 of the Plastic Bag Reduction Act R.S.P.E.I. 1988, Cap. P-9.2, Council made the following regulations: PART 1 - DEFINITIONS 1. Definitions In these regulations, (a) “Act” means the Plastic Bag Reduction Act R.S.P.E.I. 1988, Cap. P-9.2; (b) “inspector” means a person appointed as an inspector under section 2. (EC506/19) PART 2 - INSPECTIONS 2. Appointment of inspectors The Minister may appoint a person who holds an appointment as an environment officer under the Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9, as an inspector for the purposes of the Act and these regulations. (EC506/19) 3. Inspectors, powers to enter and search (1) An inspector may enter any land, premises or business at any reasonable time for the purpose of carrying out the inspector’s duties under the Act and these regulations. Inspection (2) For the purpose of carrying out the duties referred to in subsection (1), an inspector may (a) require the production of invoices or supplier information for checkout bags or reusable bags from a retailer; and (b) inspect and take samples of a checkout bag or reusable bag being distributed by a retailer. c t Current to: July 27, 2019 Page 3 Section 4 General Regulations Requirement to comply with request of inspector (3) No person shall neglect or refuse to produce an invoice or supplier information as required by an inspector under subsection (2). Prohibition - false information (4) No person shall furnish an inspector with false information or neglect or refuse to furnish information required by an inspector in the exercise of the inspector’s duties under the Act and these regulations. Obstruction of inspector (5) No person shall obstruct an inspector in the exercise of the inspector’s duties under the Act and these regulations. Assist inspector in carrying out duties (6) Every person shall, to the best of the person’s abilities, assist an inspector in carrying out the inspector’s duties under the Act and these regulations, including but not limited to facilitating any entry, inspection, examination or inquiry considered necessary by the inspector. Protection from personal liability (7) The Minister and an inspector are not personally liable for any loss or damage suffered by any person by reason of anything done or omitted to be done in good faith in the purported exercise of any powers or performance of any duties under the Act or these regulations. (EC506/19) PART 3 - CHECKOUT BAGS 4. Unsuitable bags For greater certainty, for the purposes of clause 5(3)(b) of the Act, a business is not required to accept the return of a bag already used by a customer for use as a checkout bag if the bag (a) is not empty; (b) is unsanitary; (c) is damaged; or (d) is otherwise in a condition that makes it unsuitable for use as a checkout bag. (EC506/19) Page 4 Current to: July 27, 2019 t c