Battery Program

Battery Program

Battery Program Overview

The Government of New Brunswick established an Extended Producer Responsibility program for batteries in 2024. Designated Materials Regulation 2024-37 under the Clean Environment Act sets out the requirements for the program.

As the agency responsible for designated materials in New Brunswick, Recycle NB oversees the battery program.

As per the Regulation, producers may designate a Producer Responsibility Organization to operate the program on their behalf. Producers chose Call2Recycle Canada to operate the battery program in New Brunswick.


Producers

According to REGULATION 2024-37, all producers who wish to sell, offer for sale or distribute batteries to a person in the province must register with Recycle NB and submit a plan for the management of the designated material.

A producer of a designated material shall be one of the following persons:

“(a) the brand holder of the designated material if the brand holder has a permanent establishment in Canada;
(b) in the absence of a person referred to in paragraph (a), the importer of the designated material into New Brunswick if the importer has a permanent establishment in New Brunswick; or
(c) in the absence of a person referred to in paragraph (a) or (b), the retailer of the designated material that supplies the designated material to the consumer.”

With respect to paragraph (c), REGULATION 2024-37 states that “when a retailer sells designated materials by means of a physical or electronic marketplace that is owned, controlled or operated by a marketplace facilitator, the marketplace facilitator shall be deemed to be the retailer.”

REGULATION 2024-37 also states that when a producer as defined above is “an enterprise operated in whole or in part under a franchise agreement, the producer shall be deemed to be the franchisor referred to in the agreement, if the franchisee has a permanent establishment in the Province.”

Stewardship Plan

A stewardship plan shall apply to the manufacture, storage, collection, transportation, processing, disposal or other handling of batteries that are sold, offered for sale or distributed within the Province. For more details, please see the approved stewardship plan, which expires on December 31, 2027.