Bill 2 - An Act to Repeal the Beverage Containers Act

BILL 2

An Act to Repeal the Beverage Containers Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Repeal of the Beverage Containers Act

1 The Beverage Containers Act, chapter 121 of the Revised Statutes, 2011, is repealed.

Repeal of the regulation under the Beverage Containers Act

2 New Brunswick Regulation 99-66 under the Beverage Containers Act is repealed.

TRANSITIONAL PROVISIONS,

CONSEQUENTIAL AMENDMENTS AND

COMMENCEMENT

Transitional provisions

3( 1) Any licence issued under section 13 of the Beverage Containers Act is null and void.

3( 2) The refunds and handling fees referred to in subsection 15(3) of the Act that, on the coming into force of this section, have not been paid in accordance with sections 16 and 17 of New Brunswick Regulation 99-66 under the Act shall be paid as if those provisions had not been repealed.

3( 3) Any hearing commenced under section 11 of the Regulation that is not concluded before the coming into force of this section is cancelled.

3( 4) Any registration made under section 17 of the Act is null and void.

3( 5) Any appointment of a person designated as an inspector under section 20 of the Act is revoked.

3( 6) No action, application or other proceeding lies or shall be instituted against the Minister of Environment and Climate Change or the Crown in right of the Province as a result of the cancellation of any licence, registration or hearing or the revocation of the appointment of any inspector under this Act.

Consequential amendments – Regulation under the Provincial Offences Procedure Act

4( 1) Section 3 of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended

(a) in subsection (1)

( i) by repealing paragraph (a.01);

( ii) by repealing paragraph (a.011);

(b) by repealing paragraph (2)(a.2).

4( 2) Schedule A of the Regulation is amended by striking out the following:

Beverage Containers Act
Provision Violated		Prescribed Wording
4(1)		selling a beverage in an unapproved beverage container
13(1)		operating a redemption centre without a licence
14(4)		failing to display operating hours notice
New Brunswick Regulation 99-66 under the Beverage Containers Act
Provision Violated		Prescribed Wording
4(10)		failing to display a redemption centre licence
7(1)(a)		redemption centre not kept clean
7(1)(c)		containers not properly stored

Commencement

5 This Act comes into force on April 1, 2024.