This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form.
Solid Waste-Resource Management Regulations
made under Section 102 of the
Environment Act
S.N.S. 1994-95, c. 1
O.I.C. 96-79 (February 6, 1996), N.S. Reg. 25/96
as amended up to O.I.C. 2007-102 (February 22, 2007), N.S. Reg. 61/2007
Table of Contents
Division I - Solid Waste Reduction
Part II - Industry Stewardship
Industry stewardship agreements
Distributor registration/operation
Consumer paint product stewardship program
Electronic Products Stewardship Program
Littering from buildings/structures
Convenience stores, fast food and vending outlets
Approval application information
Division II - Disposal of Municipal Solid Waste
Approval application information
Additional information - landfill
Additional information - incinerator
Minimum standards for stack emissions
Division III - Regional Solid Waste-Resource Management Plans Regional Requirements
Division IV - Financial Assistance
Plans, studies and audits that qualify for assistance
Schedule “A” - Approved Programs
Schedule “B” - Materials Banned from Landfills and Incinerators
Schedule “D” - Stack Discharge Limits (at 11% oxygen)
1 These regulations may be cited as the “Solid Waste-Resource Management Regulations”.
2 In these regulations,
(a) “Act” means the Environment Act;
(b) “Administrator” means a person designated by the Minister pursuant to Section 3 of these regulations and includes an acting Administrator;
(c) “approved program” means a program approved by the Minister pursuant to Section 7 of these regulations;
(d) “backyard composting” means composting at a residential dwelling unit of organic solid waste, including grass clippings, leaves or food waste, where
(i) the waste is generated by the residents of the dwelling unit or neighbouring dwelling units or both, and
(ii) not more than 10 m3 is processed annually;
Subclause 2(d)(ii) replaced: O.I.C. 2000-201, N.S. Reg. 63/2000.
(e) “beverage” means any liquid that is a ready to serve drink, but does not include milk, milk products, soya milk or concentrates;
(f) “beverage container” means a container of less than 5 litres which contains or has contained a beverage and was sealed by the manufacturer after the beverage was placed in it;
(g) “Board” means the Resource Recovery Fund Board established pursuant to Section 5 of these regulations;
(h) “compost” means a product of composting which is used or sold for use as a soil amendment, artificial topsoil or growing medium or for some other application to land;
(i) “composting” means the biological decomposition of organic materials, substances or objects under controlled circumstances to a condition sufficiently stable for nuisance-free storage and safe use in land applications;
(j) “construction and demolition debris” means materials which are normally used in the construction of buildings, structures, roadways, walls and other landscaping material, and includes, but is not limited to, soil, asphalt, brick, mortar, drywall, plaster, cellulose, fibreglass fibres, gyproc, lumber, wood, asphalt shingles, and metals;
(k) “Department” means the Department of Environment and Labour;
(l) “depot” means a place registered with the Board pursuant to Section 17 of these regulations and is operated for the collection of redeemable beverage containers, post-consumer paint products or other materials;
Clause 2(l) amended: O.I.C. 2002-94, N.S. Reg. 24/2002.
Clause 2(m) repealed: O.I.C. 2007-102, N.S. Reg. 61/2007.
(n) “distributor” means one of the following:
(i) the last person in the Province to supply, sell or offer for sale, by wholesale or other means, a designated material to a retailer in the Province,
(ii) the retailer of the designated material, if a designated material is not supplied, sold or offered for sale by a person in the Province to a retailer in the Province;
Clause 2(n) replaced: O.I.C. 2007-102, N.S. Reg. 61/2007.
(o) “Fund” means the Resource Recovery Fund established pursuant to Section 98 of the Act,
(p) “incinerator” means a facility designed or used for the primary purpose of destruction of municipal solid waste by combustion;
(q) “landfill” means a facility for the disposal of municipal solid waste by placing it in or on land;
(qa) “leaf and yard waste” means vegetative matter resulting from gardening, horticulture, landscaping or land clearing operations, including materials such as tree and shrub trimmings, plant remains, grass clippings, leaves, trees and stumps, but excludes construction and demolition debris or contaminated organic matter;
Clause 2(qa) added: O.I.C. 2000-201, N.S. Reg. 63/2000.
(r) “liquor” means liquor as defined in the Liquor Control Act;
(s) “litter” means any material left or abandoned in a place other than a receptacle or place intended or approved for receiving such material and “littering” has a corresponding meaning;
Clause 2(s) replaced: O.I.C. 96-827, N.S. Reg. 167/96.
(t) “Minister” means the Minister of Environment and Labour;
(u) “municipality” means a city, an incorporated town, a municipality of a county or district or a regional municipality;
(v) “municipal solid waste” means garbage, refuse, sludge, rubbish, tailings, debris, litter and other discarded materials resulting from residential, commercial, institutional and industrial activities which are commonly accepted at a municipal solid waste management facility, but excludes wastes from industrial activities regulated by an approval issued under the Act;
(w) “owner” of property includes a part owner, joint owner, tenant in common or joint tenant of the whole or any part of any land or building, and includes a trustee, an executor, a guardian, an agent, a mortgagee in possession or a person having the care, management, or control of any land or building in case of the absence or disability of the person having title to it, any person who occupies shores, beaches or shoals and, in the absence of proof to the contrary, includes the person assessed for the property;
(x) “private event” means an event where more than 300 persons are in attendance at one location, but excludes an event held in a residential dwelling;
(y) “redeemable beverage container” means a [beverage] container on which a deposit has been paid;
(z) “redeemed beverage container” means an empty beverage container accepted by a depot for refund, or collected as part of a private or municipal collection program;
Original clause 2(aa) relettered (za): O.I.C. 2002-94, N.S. Reg. 24/2002; repealed: O.I.C. 2007-102, N.S. Reg. 61/2007.
(aa) “sale” or “supply” means the transfer of a property interest, including
(i) gifts,
(ii) exchange,
(iii) barter, or
(iv) any transaction in the nature of a franchise, head, option or rental;
Clause 2(aa) added: O.I.C. 2002-94, N.S. Reg. 24/2002.
(ab) “yard waste” means vegetative matter resulting from gardening, horticulture, landscaping or land clearing operations, including materials such as tree and shrub trimmings, plant remains, grass clippings, leaves, trees and stumps, but excludes construction and demolition debris or contaminated organic matter;
(ac) “waste diversion” means waste reduction, reuse, recycling or composting.
3 (1) The Minister may appoint an Administrator to administer these regulations.
(2) The Minister may appoint the Board as Administrator to administer subsections 15(2), (3) and (4) and Sections 16, 17 and 18 of these regulations.
Division I - Solid Waste Reduction
4 (1) Pursuant to Section 98 of the Act, the Resource Recovery Fund is established
(a) to develop and implement industry stewardship programs;
(b) to fund municipal or regional diversion programs;
(c) to develop and operate a deposit-refund system for beverage containers;
(d) to develop education and awareness of source reduction, reuse, recycling and composting; and
(e) to promote the development of value-added manufacturing in the Province.
(2) The Resource Recovery Fund established pursuant to Sections 5 and 8 of Chapter 12 of the Statutes of Nova Scotia 1989, the Recycling Act, and the Resource Recovery Fund Regulations made pursuant to the Recycling Act shall form part of the Fund described in subsection (1).
5 (1) The Fund shall be administered by a board to be known as the Resource Recovery Fund Board.
(2) The Board shall
(a) undertake measures to implement the goals and objectives of the Fund as described in Section 4;
(b) enter into an agreement with the Minister to administer the Fund, which agreement shall include an outline of the respective duties, powers and responsibilities of the parties and confirm that Section 143 of the Act applies to members of the Board;
(c) prepare, negotiate and enforce agreements with a person respecting payments into the Fund;
(d) administer and operate a deposit-refund system for beverage containers; and
(e) perform such functions and exercise such powers as may be assigned or requested by the Minister or the Governor in Council.
(3) Unless the Minister agrees otherwise in writing, the Board shall be duly incorporated as a not for profit organization under the laws of the Province.
(4) The Minister shall be entitled to appoint 3 persons to the Board.
(5) The Minister shall appoint one of the persons described in subsection (4) to be the Chair of the Board and determine the term of office of the Chair.
(6) A Regional Waste Coordinator shall be appointed by the Board and be a member of the Board.
(7) A representative of the Union of Nova Scotia Municipalities shall be appointed by the Board, as a member of the Board, from a nomination submitted by the Union of Nova Scotia Municipalities.
6 (1) Pursuant to Section 98 of the Act, the Fund shall consist of
(a) money which comes from an agreement entered into between the Board and a person;
(b) revenues generated from the deposit-refund system on beverage containers;
(c) money acquired by the Board or the Province for the purposes of the Fund by way of gift, donation or bequest or derived from the disposition of any real property or other property given, donated or bequeathed to the Board for the purposes of the Fund;
(d) interest accruing to the Fund; and
(e) money paid to the Fund under the Resource Recovery Fund Regulations made pursuant to Sections 5 and 8 of Chapter 12 of the Statutes of Nova Scotia 1989, the Recycling Act.
(2) Pursuant to Section 98 of the Act, the Minister, following consultation with the Board, may pay into the Fund
(a) money which comes from an agreement entered into between the Minister and a person;
(b) a surcharge on a designated material pursuant to subsection 100(2) and clause 102(1)(v) of the Act; and
(c) money that accrues from any financing arrangement or program of the Province, including financing arrangements or programs with other governments entered into for any of the purposes for which the Fund is established.
7 (1) Programs which are approved for financial assistance under these regulations are listed in Schedule “A”.
(2) The Board or any person may submit a proposal to the Minister to
(a) designate a program as an approved program; or
(b) alter or modify an approved program.
8 (1) Subject to the provisions of these regulations, the terms of any agreement between the Minister and the Board, and in accordance with the Provincial Finance Act, the Board shall provide funding for municipal solid waste diversion by
(a) paying a minimum of 50% of the net revenues in the Fund to provide financial support, to be divided between or among municipalities or regions based on the solid waste diverted by the municipality or region;
(b) paying out of the Fund money to provide financial assistance and incentives under an approved program;
(c) paying out of the Fund any costs, charges, audit and other fees and expenses involved in the administration of the Fund;
(d) investing money in the name of the Fund in any manner in which trustees are authorized by law to invest trust funds; and
(e) doing any other matter or thing which relates to, or is incidental to, the purposes of the Fund.
(2) (a) Funding shall be provided by the Board pursuant to clauses 8(1)(a) and (b) on the basis of an agreement executed between the Board, and a municipality, a region or a person.
(b) Clause (a) is subject to existing agreements signed by a municipality or a region and a person before the effective date of these regulations.
(3) Copies of any agreement executed under clause 2(a) shall be filed with the Minister within 30 days of signing.
9 (1) The Board shall cause to be kept proper books of accounts respecting
(a) all sums of money received and expended by the Fund and the matters in respect of which the receipt and expenditure of money took place; and
(b) the assets and liabilities of the Fund.
(2) The accounts of the Fund shall, from time to time, and at least annually, be audited by an auditor licensed under the Public Accountants Act and copies of the audit report shall be filed with the Minister within 30 days of preparation.
10 (1) The Board shall submit annually an action plan to the Minister.
(2) No later than 30 days following the end of each calendar year, or such other date agreed upon in writing by the Minister, the Board shall prepare and submit an annual report to the Minister which shall include the following information:
(a) work of the Board during the year;
(b) progress made towards reaching the 50% solid waste diversion goal;
(c) a financial statement setting forth the assets and liabilities of the Fund and the receipts and expenditures of the Fund for the year;
(d) the status of all applications received during the year including applications approved, applications rejected and the reasons for any outstanding or rejected applications; and
(e) other information requested by the Minister.
11 Subject to the Freedom of Information and Protection of Privacy Act, all reports, agreements, action plans, annual reports and other documents filed by the Board with the Minister are public documents.
Part II - Industry Stewardship
11A The materials listed in Column 1 of Schedule “B” are prescribed as designated materials for Part IX of the Act.
Section 11A added: O.I.C. 2007-102, N.S. Reg. 61/2007.
Industry stewardship agreements
12 (1) (a) The Board may negotiate an agreement with manufacturers, distributors, retailers and others respecting a designated material banned from landfills and incinerators, covered in Schedule “B”, on or before the date the ban comes into effect.
Clause 12(1)(a) amended: O.I.C. 96-107, N.S. Reg. 34/96.
(b) An agreement described in clause (a) may include, but not be limited to, details respecting an industry stewardship program.
Clause 12(1)(b) amended: O.I.C. 96-107, N.S. Reg. 34/96.
(2) (a) The Minister shall provide the Board with a list of designated materials for industry stewardship programs pursuant to subsection 100(1) of the Act.
(b) For designated materials covered in clause (a), the Minister, after consultation with the Board, shall establish a date when an agreement shall be negotiated.
(c) For designated materials covered in clause (a), the Board shall negotiate an agreement with manufacturers, distributors, retailers and others respecting the designated material, on or before the date established pursuant to clause (b).
(d) An agreement described in clause (c) shall include, but not be limited to, details respecting an industry stewardship program.
13 Subject to the approval of the Governor in Council, the Minister may establish a surcharge applicable to a designated material.
14 (1) All beverage containers sold in the Province shall be either refillable or recyclable as determined by the Administrator.
(2) All beverage containers shall be subject to a deposit-refund system as described in these regulations.
(3) No person shall sell, manufacture, distribute, offer to sell or permit to be sold in the Province a beverage in a container that is subject to the deposit and refund system which is not clearly labelled with the words “RETURN FOR REFUND” or words to like effect.
(4) (a) No later than 3 months after the effective date of these regulations, the Board shall collect and submit to the Minister
(i) baseline figures for 1994 respecting the proportion of refillable and non-refillable beverage containers by product type sold for consumption in the Province; and
(ii) current figures in 1995 to a date determined by the Board.
(b) Unless the Minister agrees otherwise in writing, no distributor shall decrease the proportion of refillable containers of any given type for a beverage sold for consumption in the Province below the proportions established in the 1994 baseline figures.
(c) The Board shall report annually to the Minister respecting the proportion of refillable and non-refillable containers sold for consumption in the Province.
(5) In Sections 14 to 18,
(a) “distributor” means a distributor of beverage containers;
(b) “retailer” means a person who sells or offers for sale a beverage in a beverage container to the public
(i) for consumption off the premises, or
(ii) by a coin-operated vending machine.
Subsection 14(5) added: O.I.C. 2007-102, N.S. Reg. 61/2007.
15 (1) The minimum cash deposit on a redeemable beverage container is
(a) for a refillable or non-refillable beverage container other than a beverage container for liquor, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.10;
(b) for a refillable liquor container of less than 1.0 L, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.10;
(c) for a refillable liquor container greater than or equal to 1.0 L, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.20 cents;
(d) for a non-refillable liquor container less than or equal to 500 ml, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.10;
(e) for a non-refillable liquor container greater than 500 ml, an amount that, when added to any applicable federal and Provincial sales tax on that amount, equals $0.20.
Subsection 15(1) replaced: O.I.C. 2000-287, N.S. Reg. 100/2000.
(2) A retailer shall collect from the purchaser the cash deposit prescribed in subsection (1) for each beverage sold to the purchaser in a redeemable beverage container and shall show the amount of the [such] deposit on a cash receipt.
(3) Upon receipt of a beverage container, a depot operator shall immediately provide a minimum cash refund of,
(a) for a refillable beverage container, an amount, including the applicable federal and Provincial sales tax, that equals 100% of the full cash deposit;
(b) for a non-refillable beverage container, an amount, including federal and Provincial sales tax, that equals 50% of the full cash deposit.
Subsection 15(3) replaced: O.I.C. 2000-287, N.S. Reg. 100/2000.
(4) Where the amount of the cash deposit or cash refund is more than the minimum amount prescribed in subsection (1) or (3), the cash deposit or the cash refund shall be inclusive of any applicable federal and Provincial sales tax.
Subsection 15(4) replaced: O.I.C. 2000-287, N.S. Reg. 100/2000.
(5) Within 30 days of collection of redeemable beverage containers by the Board or its agent from a depot operator, the Board or its agent shall reimburse the depot operator the minimum cash refund prescribed in Schedule “C” plus a handling fee determined by the Board.
(6) Unless otherwise agreed to by the Board, the Minister and the Nova Scotia Liquor Commission, subsection (5) does not apply to a beverage container for liquor.
Distributor registration/operation
16 (1) A distributor of beverage containers in the Province shall register with the Board within 60 days of the effective date of these regulations.
(2) No distributor shall sell or offer for sale a beverage container in the Province unless that person is registered with the Board under subsection (1).
(3) A distributor of beverage containers shall register with the Board all beverage containers distributed and shall designate each container registered by beverage product, container size and container type.
(4) No person shall sell or offer for sale a beverage in a beverage container which is not registered with the Board under subsection (3).
(5) On or before the 20th day of each month, a distributor shall file with the Board a return, in a form approved by the Board, reporting
(a) all units sold during the immediately preceding calendar month; and
(b) the remittance due by the distributor by type and tax status of beverage container as described in subsection (5B),
and shall remit to the Board any cash deposits collected pursuant to these regulations during that immediately preceding calendar month.
Subsection 16(5) replaced: O.I.C. 2000-287, N.S. Reg. 100/2000.
(5A) Despite subsection (5), at the request of the Board, a distributor shall file with the Board a return covering such period as the Board may determine, in a form approved by the Board, reporting
(a) all units sold; and
(b) the remittance due by the distributor by type and tax status of beverage container, as described in subsection (5B),
and shall remit to the Board any cash deposits collected pursuant to these regulations during that period.
Subsection 16(5A) added: O.I.C. 2000-287, N.S. Reg. 100/2000.
(5B) Where reporting the tax status of beverage containers in a return required pursuant to subsection (5) or (5A), the distributor shall list taxable units sold and zero-rated units sold, as defined in the Excise Tax Act (Canada).
Subsection 16(5B) added: O.I.C. 2000-287, N.S. Reg. 100/2000.
(6) A distributor may arrange for a person outside of the Province to act as their agent to collect and submit to the Board any cash deposit required under these regulations.
(7) In the event of any default of payment by an agent under subsection (5), the distributor is responsible to pay the cash deposit money to the Board.
(8) Unless otherwise agreed to by the Board, the Minister and the Nova Scotia Liquor Commission, subsections (1) to (7) do not apply to a distributor who distributes only beverage containers for liquor.
17 (1) Within 60 days of the effective date of these regulations, no person shall be eligible to receive payment for collection of beverage containers or other materials by the Board or its agent unless the person is registered with the Board and has supplied information as required by the Board.
(2) Subject to subsection (3), a container collection depot which, at the effective date of these regulations, is registered with the Registrar of Joint Stock Companies to operate a container collection depot shall automatically be registered as a container collection depot under these regulations if an application, together with proof of registration as a collection depot with the Registrar, is submitted to the Board within 60 days of the effective date of these regulations.
(3) The status of a container collection depot under subsection (2) shall be revoked within 1 year of the effective date of these regulations if the collection depot fails to comply with standards established by the Board.
(4) The Board shall develop and publish standards under subsection (3) on or before February 28, 1996.
(5) The Board may establish rules and standards governing the operation of a depot.
(6) No depot operator shall fail to accept any redeemable beverage container provided the container is intact and it is in reasonably clean condition.
18 A retailer shall clearly display a notice indicating
(a) the deposit which will be charged for each type of beverage container;
(b) the refund available on a returned beverage container;
(c) the location of the nearest depot where a beverage container can be redeemed for refund; and
(d) the hours of operation of the depot,
at a retail premises where beverages are sold in redeemable beverage containers.
18A (1) For the purpose of this Section,
(a) “motor vehicle” means a motor vehicle as defined under the Motor Vehicle Act;
(b) “new tire” means a tire which is provided
(i) with a motor vehicle, a vehicle or a trailer, or
(ii) separately for use on or with a motor vehicle, a vehicle or a trailer,
but does not include a retreaded tire, a used tire, or a tire with a rim size greater than 622.3 mm (24.5 inches);
(c) “retreaded tire” means a tire to which a new tread has been affixed to extend the usable life of the tire;
Clause 18A(1)(d) repealed: O.I.C. 2002-94, N.S. Reg. 24/2002.
(e) “tire” means a tire which is air filled or designed to be air filled and is designed for use on the wheel of a motor vehicle, a vehicle or a trailer;
(f) “tire retailer” means a person, including a vehicle dealer or vehicle lessor, who supplies new tires in the Province to an end user;
(g) “used tire” means a tire no longer suited for its original purpose because of wear and tear or damage;
(h) “vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway or private road, but does not include
(i)a motorized wheelchair,
(ii) a device moved by human power, including a bicycle,
(iii) an off-highway vehicle as defined under the Off-Highway Vehicles Act, or
(iv) a farm implement or farm machinery which is exempt under clause 25(1)(d) of the Revenue Act and which is not used on a public highway.
Subsection 18A(2) repealed: O.I.C. 2007-102, N.S. Reg. 61/2007.
(3) (a) A tire is considered to be a new tire from the time of its manufacture until immediately after it is first supplied by a tire retailer.
(b) Every tire retailer who uses or consumes in Nova Scotia a new tire that the tire retailer has acquired shall be deemed to have supplied the tire to another person.
(4) The Minister may appoint an Administrator under this Section.
(5) No tire retailer shall supply a new tire in the Province on or after January 2, 1997, unless that tire retailer is registered with an Administrator.
(6) (a) No tire retailer shall supply a new tire in the Province on or after January 2, 1997, unless that tire retailer has entered into an industry stewardship agreement with an Administrator.
(b) For the purpose of clause (a), a tire retailer may designate a person, including a manufacturer or distributor of new tires who is in agreement, to act as their agent in connection with an industry stewardship agreement with an Administrator.
(c) In the event of a breach or default by an agent under clause (b), the tire retailer is responsible to comply with an industry stewardship agreement entered into with an Administrator.
(7) No person shall falsify, render misleading, unlawfully alter or fail to provide any report or record required by the Minister or an Administrator from a tire retailer or an agent of a tire retailer.
Section 18A added: O.I.C. 96-827, N.S. Reg. 167/96.
Consumer paint product stewardship program
18B (1) For the purpose of Sections 18B to 18I,
(a) “Administrator” means a person designated by the Minister pursuant to Section 18C and includes an acting Administrator;