Beverage Container Recycling Regulation (AR 128/93)
—September 1994
The Environmental Protection and Enhancement Act (EPEA) gives
Alberta Environment the ability to deal with the recycling of various
types of materials as designated in the regulations. Beverage containers
have been designated as a material subject to a recycling scheme under
the Act.
Background
Recycling of beverage containers in Alberta has been dealt with by the
Beverage Container Act and Beverage Container Regulation. That
legislation establishes a system for the return of beverage containers
in exchange for the payment of a cash refund.
Overview
Alberta's environmental laws have been consolidated and updated by EPEA.
Part 9, Division 1 of the Act provides Alberta Environment with the
necessary powers to be able to establish recycling schemes for materials
designated as recyclable within regulations.
The Beverage Container Recycling Regulation establishes a system for
the recycling of beverage containers in Alberta and incorporates the
existing legislative objective of returning containers to a depot or
retailer for a cash refund. This system provides for the payment of a
deposit by purchasers of beverage containers, with the deposit being
refunded upon the return of the containers to a depot or retailer. This
regulation also sets out the administrative details for this recycling
scheme. This regulation replaces the Beverage Container Act and the
Beverage Container Regulation.
Regulatory Details
This regulation sets out those beverages and containers which are
exempted from the application of the regulation and the beverage
container recycling system. These include aseptic containers, paperboard
containers, milk and milk containers, and beer and beer containers which
are manufactured in Alberta or imported into Alberta by Alberta beer
manufacturers.
A change made in this regulation to the definition of
"depot" found in the regulation under the Beverage Container
Act will exclude the disposal of beverage containers. Depots deal only
with the collection of empty containers and not their disposal, this
being the responsibility of beverage manufacturers.
Specific references to disposal of non-reusable containers through
municipal disposal systems or at approved sanitary landfills have been
removed and replaced by a reference to any other method approved by the
Director for dealing with the container.
The Beverage Container Recycling Regulation has expanded the
requirements for the registration of beverages to include information
concerning the deposit on the container and such other information as
may be necessary from time to time to facilitate the registration
process.
Previous references to "soft drink" have been replaced in
this regulation by the more generic term "beverage". The
references to "soft drink" were holdovers from when the
definition of a beverage was more specifically related to soft drinks.
Changes in the beverage industry over the years warrant the broadening
of these references to include all beverages, not just soft drinks.
Some changes have been made in this regulation with respect to the
container collection system. Manufacturers of registered beverages were
required to establish a common collection system by October 1, 1993 for
non-refillable containers. Such a system does not distinguish between
containers of similar size and material that are made by different
manufacturers.
The handling commissions were also changed by this regulation.
Handling commissions were adjusted on an interim basis. In the
long-term, a procedure will be established for determining
material-based handling commissions which reflect the true system costs,
through the establishment of a delegated regulatory organization to
allow industry to administer the container recycling system. The new
procedure will also allow for commissions to be adjusted without
government intervention.
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