Encorp Atlantic is actively preparing for the implementation of recent amendments to the Designated Materials Regulation under New Brunswick’s Clean Environment Act. This regulation governs all Extended Producer Responsibility (EPR) programs in the province, including the Beverage Containers Program (BCP). All producer responsibility organizations (PROs), including Encorp, must comply with the revised Regulation 2024-37 by January 1, 2026. If you haven’t already, we strongly encourage you to review the updated Regulation.
To meet these new regulatory requirements, Encorp recently revised and resubmitted its Stewardship Plan for the EPR Beverage Containers Program to Recycle NB, in accordance with the June 30, 2025, deadline. Once the revised plan is approved, we will share it with all stakeholders.
A key change introduced in Regulation 2024-37 is the shift from the current “brand owner” definition to a new “producer” definition. This updated definition will determine who is obligated under EPR programs beginning January 1, 2026. Under Regulation 2024-37, a producer is defined as:
(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; o
(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.
In the coming months, Encorp will contact its registered brand owners to confirm which organizations qualify under the new “producer” definition. We will provide organizations with updated documentation and instructions to amend/renew their existing agreement with Encorp.
We anticipate that a small number of organizations currently registered with Encorp may no longer be considered obligated as of January 1, 2026. In such cases, their reporting and remittance of program fees (deposits and container recycling fees) would conclude on December 31, 2025, and their agreement with Encorp would be terminated thereafter.
We appreciate your continued cooperation as we prepare for these important changes and upcoming communications.
