Q-2, r. 40.1 - Regulation respecting the recovery and reclamation of products by enterprises

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46. As of 2023, the minimum recovery rates that must be attained annually by an enterprise referred to in section 2, 2.1, 2.2 that markets products referred to in the second paragraph of section 42 must be equal to the following percentages:
(1)  in the case of products referred to in subparagraph 1 of the second paragraph, the minimum rate for all the products in that subcategory is 75%, which is increased to 80% as of 2026;
(2)  in the case of products referred to in subparagraph 2, the minimum rate for all products in that subcategory is 30% of the quantity of containers marketed, which is increased by 5% every 2 years until a 50% rate is attained, followed by a 5% increase every 3 years until a 60% rate is attained.
The rates are calculated on the basis of the quantity considered available for recovery, namely:
(1)  in the case of products referred to in subparagraph 1 of the second paragraph of section 42, on the basis of 7.18% of the quantity of paint marketed during the year;
(2)  in the case of products referred to in subparagraph 2 of the second paragraph of section 42, on the basis of the total quantity of containers marketed during the year;
(3)  (subparagraph replaced).
O.C. 597-2011, s. 46; O.C. 1074-2019, s. 6; O.C. 933-2022, s. 45; O.C. 1369-2023, s. 15.
46. As of 2023, the minimum recovery rates that must be attained annually by an enterprise referred to in section 2 that markets products referred to in the second paragraph of section 42 must be equal to the following percentages:
(1)  in the case of products referred to in subparagraph 1 of the second paragraph, the minimum rate for all the products in that subcategory is 75%, which is increased to 80% as of 2024;
(2)  in the case of products referred to in subparagraph 2, the minimum rate for all products in that subcategory is 30% of the quantity of containers marketed, which is increased by 5% every 2 years until a 50% rate is attained, followed by a 5% increase every 3 years until a 60% rate is attained.
The rates are calculated on the basis of the quantity considered available for recovery, namely:
(1)  in the case of products referred to in subparagraph 1 of the second paragraph of section 42, on the basis of 7.18% of the quantity of paint marketed during the year;
(2)  in the case of products referred to in subparagraph 2 of the second paragraph of section 42, on the basis of the total quantity of containers marketed during the year;
(3)  (subparagraph replaced).
O.C. 597-2011, s. 46; O.C. 1074-2019, s. 6; O.C. 933-2022, s. 45.
46. As of 2020, the minimum recovery rates that must be attained annually by an enterprise referred to in section 2 that markets products referred to in the second paragraph of section 42 must be equal to the following percentages:
(1)  in the case of products referred to in subparagraphs 1 and 2, the minimum rate for all the products in each subcategory is 75%, which is increased to 80% as of 2024;
(2)  in the case of products referred to in subparagraph 3, the minimum rate for all the products in this subcategory is 40% of the quantity of containers marketed, which is increased by 5% per year until a 70% rate is attained.
The rates are calculated on the basis of the quantity considered available for recovery, namely:
(1)  in the case of products referred to in subparagraph 1 of the second paragraph of section 42,
(a)  in the case of paint marketed in containers of 1 l or less, on the basis of 14.8% of the quantity of paint marketed in the year;
(b)  in the case of paint marketed in containers of more than 1 l but less than 8 l, on the basis of 6.25% of the quantity of paint marketed in the year;
(c)  in the case of paint marketed in containers of at least 8 l but not more than 50 l, on the basis of 4.55% of the quantity of paint marketed in the year;
(2)  in the case of products referred to in subparagraph 2 of the second paragraph of section 42, on the basis of 9.57% of the quantity of paint marketed in the year;
(3)  in the case of products referred to in subparagraph 3 of the second paragraph of section 42, on the basis of the total quantity of containers marketed in the year.
O.C. 597-2011, s. 46; O.C. 1074-2019, s. 6.
46. As of the first full calendar year of implementation of a recovery and reclamation program, the minimum recovery rates that must be attained annually by an enterprise referred to in section 2 that markets products referred to in the second paragraph of section 42 must be equal to the following percentages:
(1)  in the case of products referred to in subparagraphs 1 and 2, the minimum rate for all the products in each subcategory is 75%, which is increased to 80% as of 2017;
(2)  in the case of products referred to in subparagraph 3, the minimum rate for all the products in this subcategory is 40% of the quantity of containers marketed, which is increased by 5% per year until a 70% rate is attained.
The rates are calculated on the basis of the quantity considered available for recovery, namely:
(1)  in the case of products referred to in subparagraph 1 of the second paragraph of section 42,
(a)  in the case of paint marketed in containers of 1 l or less, on the basis of 14.8% of the quantity of paint marketed in the year;
(b)  in the case of paint marketed in containers of more than 1 l but less than 8 l, on the basis of 6.25% of the quantity of paint marketed in the year;
(c)  in the case of paint marketed in containers of at least 8 l but not more than 50 l, on the basis of 4.55% of the quantity of paint marketed in the year;
(2)  in the case of products referred to in subparagraph 2 of the second paragraph of section 42, on the basis of 9.57% of the quantity of paint marketed in the year;
(3)  in the case of products referred to in subparagraph 3 of the second paragraph of section 42, on the basis of the total quantity of containers marketed in the year.
O.C. 597-2011, s. 46.