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

Section 5 Disposition versions

2023-08-30

5. A recovery and reclamation program must

(1)  provide for the management of recovered products to ensure their reclamation, by focusing, in declining order of priority, on reuse, recycling, including biological reclamation, any other reclamation operation whereby residual materials are processed to be used as substitutes for raw materials and energy recovery, or ultimately their disposal, in that order, subject to the following cases:

(a)  a life cycle analysis, complying with the applicable ISO standards and taking into account the perenniality of resources and the externalities of various management methods for recovered materials, shows that a method is more advantageous than another in environmental terms;

(b)  the existing technology or the applicable laws and regulations does not allow for the use of a management method in the prescribed order;

(2)  ensure that the management of recovered products, including the recovery, transportation, storage, sorting, consolidation, conditioning and any other treatment of the recovered products, is carried out by the enterprise, service providers and subcontractors in accordance with the best practices and accepted standards;

(3)  provide for operating rules, criteria and requirements that must be complied with by a service provider, including subcontractors, in the management of recovered products and provide for the implementation of measures to ensure compliance.

Those operating rules, criteria and requirements must deal with applicable laws, regulations and agreements, management and monitoring of recovered products and materials through to their final destination, measures aimed at risk management and operational safety as well as safe treatment of products and materials, accountability measures including auditing obligations in regard to recovered products management, if applicable, as well as any other measures to ensure that the activities of the supplier and the supplier’s subcontractors are in compliance with the program and this Regulation;

(4)  enable traceability of products and materials from their recovery through to their final destination. The place of final destination is considered to be the place where those products and materials

(a)  are rendered available for reuse;

(b)  undergo the final stage of their treatment so that they can be used as substitutes for raw materials, in particular in a product manufacturing process;

(c)  are used for purposes of energy recovery;

(d)  are disposed of;

(5)  favour the local or regional management of recovered products and materials through to their place of final destination;

(6)  provide for drop-off centres and, if applicable, collection services in accordance with Chapter V and, in the case of a product covered by

(a)  Division 6 of Chapter VI, in accordance with section 53.0.4;

(b)  Division 7 of Chapter VI, in accordance with sections 53.0.12 and 53.0.13;

(c)  Division 8 of Chapter VI, in accordance with section 53.0.21;

(d)  Division 9 of Chapter VI, in accordance with section 53.0.31;

(7)  provide for the management of containers and other packages not covered by this Regulation and used to bring the products to the drop-off centres and those used to transport them to the treatment centres, by focusing, in declining order of priority, on reuse, recycling, including biological reclamation, any other reclamation operation whereby residual materials are processed to be used as substitutes for raw materials and energy recovery, or ultimately their disposal;

(8)  provide for information, awareness and education activities to inform consumers of the environmental benefits of the recovery and reclamation of products, and of the available drop-off centres and services so as to favour their participation;

(8.1)  provide for a means of communication to enable the following information to be made public not later than 30 September each year for the preceding calendar year and to be accessed for a minimum period of 5 years:

(a)  the name of the enterprise, group of enterprises or organization referred to in section 4 that is implementing the program;

(b)  the name of the program;

(c)  the types of products covered by the program;

(d)  the recovery rates attained, by subcategory of products, as compared to the minimum prescribed recovery rates;

(e)  for each subcategory of products, the proportion of products and materials recovered that have respectively been reused, recycled, used for energy recovery purposes, otherwise reclaimed, stored or disposed of, as well as, for each mode of management of recovered products and materials, the proportion of those recovered products and materials broken down according to their place of final destination, that is, Québec, Canada or outside Canada;

(f)  the address of each of the drop-off centres and, if applicable, a description of the collection services;

(g)  a description of the main information, awareness and education activities conducted during the year;

(h)  if applicable, a description of the remediation plan, the implementation schedule and a list of the measures implemented during the year;

(i)  in the case of a program implemented by an organization referred to in section 4:

i.  the names of the enterprises that are members of that organization;

ii.  for each subcategory of products, the quantity of products marketed during the year covered by the annual report and during the reference year determined in Chapter VI;

iii.  for each subcategory of products, the quantity of products recovered and the recovery rate attained as compared to the minimum recovery rate prescribed in Chapter VI;

iv.  for each category of products, the percentage of each type of materials composing it that have been reused, recycled, otherwise reclaimed, stored or disposed of;

v.  an assessment indicating the income related to the collection, from its members, of fees related to the implementation of the recovery and reclamation program, income from the sale of recovered products and materials, as well as costs related to the implementation of the recovery and reclamation program;

(9)  include a research and development constituent pertaining to the recovery and reclamation techniques for the recovered products and materials and the development of markets for those products and materials;

(10)  determine the actual costs related to the recovery and reclamation of each product subcategory or type and, starting not later than 1 January 2016, modulate those costs by product on the basis of characteristics such as toxicity, recyclability, recycled material content, lifespan or impact on the environment and on the reclamation process;

(11)  provide for the auditing of recovered products management and of compliance with the operating rules, criteria and requirements referred to in subparagraph 3 by a person who has no employment relationship with an enterprise referred to in section 2, 2.1, 2.2 or 3 or, as the case may be, an organization referred to in section 4, and who meets one of the following conditions:

(a)  the person holds the title of certified environmental auditor conferred by an organization accredited by the Standards Council of Canada;

(b)  the person is a member of a professional order governed by the Professional Code (chapter C‐26).

The audit must be conducted at the following frequency:

(a) in the case of service providers in locations referred to in section 17 where collection equipment is installed, including their subcontractors, each year at least 10% of them must be audited and, within a 5-year period, all of them must be audited;

(b) in other cases, except drop-off centre service providers not referred to in subparagraph a, including their subcontractors, as of the first full calendar year of implementation of the program and thereafter at least once every 3 years;

(12)  provide for criteria to determine which recovered products should be reused rather than recycled, otherwise reclaimed, stored or disposed of;

(13)  provide for any other measure required for the purpose of any specific provision applicable to that category of products.

Where the program provides for the management of a product marketed in a territory covered by section 17, the measures contained in the program must be discussed with the authorities responsible for the administration of the territory and adapted to meet the needs and particular circumstances of that territory.

O.C. 597-2011, s. 5; O.C. 933-2022, s. 5; O.C. 1369-2023, s. 5.

2022-06-30

5. A recovery and reclamation program must

(1)  provide for the management of recovered products to ensure their reclamation, by focusing, in declining order of priority, on reuse, recycling, including biological reclamation, any other reclamation operation whereby residual materials are processed to be used as substitutes for raw materials and energy recovery, or ultimately their disposal, in that order, subject to the following cases:

(a)  a life cycle analysis, complying with the applicable ISO standards and taking into account the perenniality of resources and the externalities of various management methods for recovered materials, shows that a method is more advantageous than another in environmental terms;

(b)  the existing technology or the applicable laws and regulations does not allow for the use of a management method in the prescribed order;

(2)  ensure that the management of recovered products, including the recovery, transportation, storage, sorting, consolidation, conditioning and any other treatment of the recovered products, is carried out by the enterprise, service providers and subcontractors in accordance with the best practices and accepted standards;

(3)  provide for operating rules, criteria and requirements that must be complied with by a service provider, including subcontractors, in the management of recovered products and provide for the implementation of measures to ensure compliance.

Those operating rules, criteria and requirements must deal with applicable laws, regulations and agreements, management and monitoring of recovered products and materials through to their final destination, measures aimed at risk management and operational safety as well as safe treatment of products and materials, accountability measures including auditing obligations in regard to recovered products management, if applicable, as well as any other measures to ensure that the activities of the supplier and the supplier’s subcontractors are in compliance with the program and this Regulation;

(4)  enable traceability of products and materials from their recovery through to their final destination. The place of final destination is considered to be the place where those products and materials

(a)  are rendered available for reuse;

(b)  undergo the final stage of their treatment so that they can be used as substitutes for raw materials, in particular in a product manufacturing process;

(c)  are used for purposes of energy recovery;

(d)  are disposed of;

(5)  favour the local or regional management of recovered products and materials through to their place of final destination;

(6)  provide for drop-off centres and, if applicable, collection services in accordance with Chapter V or, in the case of a product covered by Division 9 of Chapter VI, in accordance with section 53.0.31;

(7)  provide for the management of containers and other packages not covered by this Regulation and used to bring the products to the drop-off centres and those used to transport them to the treatment centres, by focusing, in declining order of priority, on reuse, recycling, including biological reclamation, any other reclamation operation whereby residual materials are processed to be used as substitutes for raw materials and energy recovery, or ultimately their disposal;

(8)  provide for information, awareness and education activities to inform consumers of the environmental benefits of the recovery and reclamation of products, and of the available drop-off centres and services so as to favour their participation;

(8.1)  provide for a means of communication to enable the following information to be made public each year and to be accessed for a minimum period of 5 years:

(a)  the name of the enterprise, group of enterprises or organization referred to in section 4 that is implementing the program;

(b)  the name of the program;

(c)  the types of products covered by the program;

(d)  the recovery rates attained, by subcategory of products, as compared to the minimum prescribed recovery rates;

(e)  for each subcategory of products, the proportion of products and materials recovered that have respectively been reused, recycled, used for energy recovery purposes, otherwise reclaimed, stored or disposed of, as well as, for each mode of management of recovered products and materials, the proportion of those recovered products and materials broken down according to their place of final destination, that is, Québec, Canada or outside Canada;

(f)  the address of each of the drop-off centres and, if applicable, a description of the collection services;

(g)  a description of the main information, awareness and education activities conducted during the year;

(h)  if applicable, a description of the remediation plan, the implementation schedule and a list of the measures implemented during the year;

(i)  in the case of a program implemented by an organization referred to in section 4:

i.  the names of the enterprises that are members of that organization;

ii.  for each subcategory of products, the quantity of products marketed during the year covered by the annual report and during the reference year determined in Chapter VI;

iii.  for each subcategory of products, the quantity of products recovered and the recovery rate attained as compared to the minimum recovery rate prescribed in Chapter VI;

iv.  for each category of products, the percentage of each type of materials composing it that have been reused, recycled, otherwise reclaimed, stored or disposed of;

v.  an assessment indicating the income related to the collection, from its members, of fees related to the implementation of the recovery and reclamation program, income from the sale of recovered products and materials, as well as costs related to the implementation of the recovery and reclamation program;

(9)  include a research and development constituent pertaining to the recovery and reclamation techniques for the recovered products and materials and the development of markets for those products and materials;

(10)  determine the actual costs related to the recovery and reclamation of each product subcategory or type and, starting not later than 1 January 2016, modulate those costs by product on the basis of characteristics such as toxicity, recyclability, recycled material content, lifespan or impact on the environment and on the reclamation process;

(11)  provide for the auditing of recovered products management and of compliance with the operating rules, criteria and requirements referred to in subparagraph 3 by a person who has no employment relationship with an enterprise referred to in section 2 or 3 or, as the case may be, an organization referred to in section 4, and who meets one of the following conditions:

(a)  the person holds the title of certified environmental auditor conferred by an organization accredited by the Standards Council of Canada;

(b)  the person is a member of a professional order governed by the Professional Code (chapter C‐26).

The audit must be conducted at the following frequency:

(a) in the case of service providers in locations referred to in section 17 where collection equipment is installed, including their subcontractors, each year at least 10% of them must be audited and, within a 5-year period, all of them must be audited;

(b) in other cases, except drop-off centre service providers not referred to in subparagraph a, including their subcontractors, as of the first full calendar year of implementation of the program and thereafter at least once every 3 years;

(12)  provide for criteria to determine which recovered products should be reused rather than recycled, otherwise reclaimed, stored or disposed of;

(13)  provide for any other measure required for the purpose of any specific provision applicable to that category of products.

Where the program provides for the management of a product marketed in a territory covered by section 17, the measures contained in the program and referred to in subparagraphs 3, 8 and 9 of the second paragraph must be adapted to meet the needs and particular circumstances of that territory.

O.C. 597-2011, s. 5; O.C. 933-2022, s. 5.

2012-09-01

5. A recovery and reclamation program must

(1)  provide for the management of recovered products to ensure their reclamation, by focusing, in declining order of priority, on reuse, recycling, including biological reclamation, any other reclamation operation whereby residual materials are processed to be used as substitutes for raw materials and energy recovery, or ultimately their disposal, in that order, subject to the following cases:

(a)  a life cycle analysis, complying with the applicable ISO standards and taking into account the perenniality of resources and the externalities of various management methods for recovered materials, shows that a method is more advantageous than another in environmental terms;

(b)  the existing technology or the applicable laws and regulations does not allow for the use of a management method in the prescribed order;

(2)  ensure that the management of recovered products, including the recovery, transportation, storage, sorting, consolidation, conditioning and any other treatment of the recovered products, is carried out by the enterprise, service providers and subcontractors in accordance with the best practices and accepted standards;

(3)  provide for operating rules, criteria and requirements to be complied with by a service provider selected, including subcontractors, for the management of recovered products and provide for measures to ensure compliance;

Those operating rules, criteria and requirements must address the following topics, in particular:

(a)  the applicable rules, regulations and conventions;

(b)  the management of recovered products and materials, including the methods, procedures and equipment to be favoured according to the best practices and taking into account documentation, transportation, handling, treatment, reclamation, storage and disposal of the products and materials, as well as the traceability of products and materials forwarded to a third person;

(c)  an environmental management system pertaining to

i.  environmental performance monitoring;

ii.  the management of risks and operation safety, as well as the safe treatment of products and materials;

iii.  the training and information of employees;

iv.  the improvement of practices and procedures;

(d)  the reporting and the verification of information;

(e)  all measures for the maintenance of services for the management of products and materials should the service provider no longer be able to perform the services, and for the repair of any damage possibly done to the environment, such as guarantees and insurances;

(f)  any other element that ensures compliance of the service provider’s activities with the program and this Regulation;

(4)  ensure the monitoring of the products and materials, from their recovery to their final destination where they will be reclaimed or disposed of;

(5)  favour the local or regional management of residual materials;

(6)  provide for drop-off centres and, if applicable, collection services in accordance with Chapter V;

(7)  provide for the management of containers and other packages not covered by this Regulation and used to bring the products to the drop-off centres and those used to transport them to the treatment centres, by focusing, in declining order of priority, on reuse, recycling, including biological reclamation, any other reclamation operation whereby residual materials are processed to be used as substitutes for raw materials and energy recovery, or ultimately their disposal;

(8)  provide for information, awareness and education activities to inform consumers of the environmental benefits of the recovery and reclamation of products, and of the available drop-off centres and services so as to favour their participation;

(9)  include a research and development constituent pertaining to the recovery and reclamation techniques for the recovered products and materials and the development of markets for those products and materials;

(10)  determine the actual costs related to the recovery and reclamation of each product subcategory or type and, starting not later than 1 January 2016, modulate those costs for each product on the basis of characteristics such as toxicity, recyclability, recycled material content, lifespan or impact on the environment and on the reclamation process;

(11)  provide for the environmental audit, by an independent third person certified for that purpose by a body accredited by the Standards Council of Canada, of the management of recovered products and compliance by all service providers, including subcontractors, with the operating rules, criteria and requirements referred to in paragraph 3; such audit must be carried out as of the first full calendar year of implementation of the program and thereafter at least once every 3 years.

O.C. 597-2011, s. 5.