(1) Subject to subsection (2), a scheduled substance is a used substance for the purposes of this Act if it is:
(a) collected from a container or other equipment during servicing, or in connection with the disposal, of the container or other equipment; or
(b) collected after an emissive use of the substance.
(2) The regulations may provide that, in prescribed circumstances, a scheduled substance:
(a) is taken to be a used substance ; or
(b) is taken not to be a used substance .