Prince Edward Island
The following text was found at http://www.canlii.org/pe/laws/regu/1991r.697/20071114/whole.html
P.E.I. Reg. EC697/91
Litter Control Regulations
Pursuant to section 25 of the Environmental Protection Act R.S.P.E.I.
1988, Cap. E-9 Council made the following regulations:
PART I
DEFINITIONS
1. In these regulations Definitions
(a) "authorized outlet" means a retail outlet operated by the Prince authorized outlet
Edward Island Liquor Control Commission;
(b) "beer" means any alcoholic liquor obtained by the fermentation beer
of an infusion or decoction of barley, malt, and hops or of any
similar products, in drinkable water;
(c) "beverage" means beverage
(i) beer,
(ii) ale,
(iii) porter,
(iv) lager,
(v) any low-alcoholic content version of beer, including drinks
made from malt and hops or of any similar product in drinkable
water, which contain less than one half of one per cent of alcohol
by volume,
(vi) soft drink, and
(vii) any drink which is designated by the Minister, by notice
published in the Gazette, as a beverage for the purposes of these
regulations;
(d) "container" means a bottle, or any other vessel or receptacle that container
contains or is capable of containing a beverage, but does not include
a paper or plastic cup;
(e) "depot operator" means a person who operates a depot for the depot operator
collection and disposal of containers;
(f) "eating establishment" has the same meaning as in the Eating eating
Establishments and Licensed Premises Regulations of the Public establishment
Health Act R.S.P.E.I. 1988, Cap. P-30;
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Litter Control Regulations
label (g) "label" includes any sticker attached to a container or words or
markings on the container itself or on its cap, present at the time of
sale, offer for sale, or display;
liquor (h) "liquor" means
(i) any alcoholic, spiritous, fermented, or other intoxicating liquor
or combination of liquors,
(ii) mixed liquor, a part of which is spiritous, fermented, or
otherwise intoxicating,
(iii) all drinks and drinkable liquids, and every essence, extract,
tincture, compound, or preparation, and all preparations or
mixtures capable of human consumption that are intoxicating,
but does not include beer, ale, porter, lager, or wine. Any liquor
referred to in subclauses (i), (ii) or (iii) that contains more than one-
half of one per cent of alcohol by volume shall be conclusively
deemed to be intoxicating, and the following drinkable liquids shall
be held to be liquor without proof that they contain alcohol, namely:
(iv) rum,
(v) gin,
(vi) whiskey, and
(vii) brandy.
manufacturer (i) "manufacturer" means the bottler, distributor, or wholesaler, but
does not include the Prince Edward Island Liquor Control
Commission;
recyclable container (j) "recyclable container" means a container which is not refillable
and from which useful materials can be recovered;
refillable container (k) "refillable container" means
(i) a container which can be reused as a beverage container by the
manufacturer and which is accepted for refilling with a beverage
by the manufacturer, or
(ii) a container which is designed, according to a manufacturer's
specification, for refilling with a beverage,
but does not include containers where the container or a label
affixed bears the words, "non-refillable", "recyclable", "no deposit -
no return", or "return for deposit where applicable";
soft drink (l) "soft drink" means any flavored carbonated drink which does not
contain alcohol;
vendor (m) "vendor" means a person, other than the Prince Edward Island
Liquor Control Commission, who sells, offers for sale, or displays
beverages for consumption off the premises in which they are sold,
offered for sale, or displayed;
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Litter Control Regulations
(n) "wine" means any alcoholic beverage obtained by the wine
fermentation of the natural sugar contents of fruits, including grapes,
apples, or other agricultural products containing sugar, including
honey, milk. (EC697/91; 374/99)
PART II
REFILLABLE CONTAINERS
2. (1) Subject to subsection (2), no person shall sell, offer for sale or Refillable
display any beverage in a container other than a refillable container. containers only
(2) Where the Minister determines that the use of refillable containers Exemption
on the premises of any public institution or manufacturing or processing
operation may constitute a hazard, he may, by notice published in the
Gazette, exclude those premises from the application of subsection (1).
(EC697/91)
3. (1) A vendor or depot operator shall accept empty refillable containers Refunds
presented by any person and shall pay a refund in cash immediately to
that person of not less than
(a) fifteen cents for a refillable container of a capacity of 500 ml or
less;
(b) thirty cents for a refillable container of a capacity of more than
500 ml but not more than 1000 ml;
(c) seventy cents for a refillable container of a capacity of more than
1000 ml.
(2) Notwithstanding subsection (1), a depot operator shall accept Beer and cooler
empty refillable beer and cooler containers presented by any person and containers
shall pay to that person a refund of not less than
(a) $1.20 for each dozen containers packed in beer cartons that have
the flaps either removed or turned in;
(b) seven cents for each container that is not packed in accordance
with clause (a).
(3) A vendor under subsection (1) may, at the option of the purchaser, Refund used in
set off the amount of the refund against beverages or other goods purchase of other
goods
purchased.
(4) This section is subject to the provisions of sections 4 and 5. Application
(EC697/91; 615/96; 46/06)
4. (1) Where a vendor or depot operator has paid a refund, pursuant to Claim against
subsection 3(1), for a container for a soft drink, the manufacturer of the manufacturer
soft drink shall, upon request, accept the container and pay to the vendor
or depot operator in question not less than
(a) twenty cents for a container of a capacity of 500 ml or less;
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Litter Control Regulations
(b) forty cents for a container of a capacity of more than 500 ml but
not more than 1000 ml;
(c) eighty cents for a container of a capacity of more than 1000 ml.
Payment (2) Where a depot operator has paid a refund, pursuant to subsection
3(2) for a container for beer or cooler, the manufacturer of the beverage
shall, upon request, accept the container and pay to the depot operator
not less than the amount stipulated in subsection 3(2). (EC697/91)
Terms of 5. A vendor or depot operator is not obliged under section 4
acceptance (a) to accept any container or pay any refund on a Sunday or
holiday; or
(b) to accept more than twenty-four containers from any person
within any period of twenty-four hours; or
(c) to accept or pay a refund for a container
(i) that is broken, damaged or incapable of being cleaned for
refilling, or
(ii) that, in the case of a vendor, is not a container for a kind and
brand name of beverage sold by him within the preceding twelve
months, or, in the case of a depot operator, is not a container for
which he acts as collecting agent. (EC697/91)
PART III
RECYCLABLE CONTAINERS
Wine and liquor 6. (1) Wine and liquor shall be sold or offered for sale only in recyclable
containers containers.
Deposits (2) A recyclable container
(a) which has a capacity of 500 ml or less may be subject to a
deposit of ten cents and refund of five cents;
(b) which has a capacity of greater than 500 ml may be subject to a
deposit of twenty cents and a refund of ten cents.
Refunds (3) If the authorized outlet imposes the deposits stipulated in
subsection (2), it shall pay the refunds stipulated therein.
Terms of (4) Notwithstanding subsection (3), an authorized outlet is not obliged
acceptance (a) to accept more than forty-eight containers from any person
within any period of twenty-four hours; or
(b) to accept containers which are dirty, broken, or contain matter or
objects which prevent the container from being recycled.
(EC697/91)
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Litter Control Regulations
PART IV
GENERAL
7. Every owner and operator of an eating establishment that operates as a Waste storage and
take-out establishment shall disposal
(a) provide waste receptacles for the purpose of receiving discarded
food and food container waste;
(b) ensure that the contents of the receptacle are not disturbed by
animals;
(c) empty the receptacles at such frequency as is necessary to ensure
they are not filled to overflowing;
(d) remove and dispose of any litter from the premises daily to
prevent litter from being transferred to neighboring property.
(EC697/91)
8. (1) Where a beverage or liquor or wine is sold, offered for sale, or Description on
displayed in a container, which container or label affixed thereto purports labels
to describe the contents, capacity, refillability or recyclability of the
container, the said description on such container or label, as the case may
be, shall be evidence of the contents, capacity, refillability or
recyclability of the container.
(2) The presumption established by subsection (1) may be rebutted by Idem
a person establishing the contrary on a balance of probabilities.
(EC697/91)
Updated
November 6, 2008
