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.”