Q-2, r. 46.01 - Regulation respecting a system of selective collection of certain residual materials

Section 15 Disposition versions

2023-08-30

15. Producers must in addition, for the purpose of fulfilling their obligations for the development, implementation and financing of a system of selective collection, ensure that the system of selective collection they develop

(1)  includes operating rules, criteria and requirements that all service providers, including subcontractors, must comply with for the purpose of the management of the residual materials recovered and provides for the establishment of measures to ensure compliance;

(2)  includes measures to promote the ecodesign of containers, packaging and printed matter to ensure that they are compatible with the system of selective collection, in particular concerning

(a)  their recyclability;

(b)  the existence of market outlets for the residual materials;

(c)  the inclusion of recycled post-consumer materials in containers, packaging and printed matter;

(d)  the effort made to reduce, at source, the materials used to manufacture containers, packaging and printed matter; and

(e)  the quantities of containers, packaging and printed matter marketed;

(f)  cutting-edge technologies to facilitate sorting;

(3)  includes information, awareness and education activities, in particular to inform consumers about the environmental benefits of recovering and reclaiming the residual materials concerned and the types of residual materials targeted by the system of selective collection;

(4)  includes a research and development component on

(a)  techniques to recover and reclaim the residual materials generated by containers, packaging and printed matter;

(b)  the development of market outlets allowing the reclamation of the materials, which must be situated in the following areas, by order of priority: Québec, regions adjacent to Québec, elsewhere in Canada and the United States; and

(c)  the measures that may be implemented to ensure that the system of selective collection contributes to the fight against climate change, in particular by reducing the greenhouse gas emissions attributable to the system;

(5)  includes a means of communication to make public the following information covering the preceding year, each year, and ensure access for a minimum period of 5 years:

(a)  the name of the person or management body designated pursuant to section 30 to implement the system;

(b)  the name of the system, if any;

(c)  the quantity of materials making up the containers, packaging and printed matter covered by this Regulation, by weight, type of material and type of resin where the materials are plastics;

(d)  the quantity of materials referred to in subparagraph c of this subparagraph that are recovered;

(e)  the quantity of materials referred to in subparagraph c of this subparagraph that are

i.  sent to a place referred to in subparagraph 1 of the first paragraph of section 77;

ii.  sent to a place referred to in subparagraph 2 of the first paragraph of section 77;

iii.  otherwise reclaimed;

iv.  stored for more than 30 days, per administrative region; or

v.  disposed of;

(f)  the province, state or, in the case of the United States, the American State in which are located the sites where recovered materials were, as the case may be, conditioned, stored, disposed of or reclaimed and, in the latter case, the reclamation method;

(g)  the quantity, by weight, of residual materials made of rigid plastic recovered and sorted, by type of resin;

(h)  a description of the main activities completed during the preceding year pursuant to subparagraphs 3 and 4;

(i)  a description of the measures implemented to promote the ecodesign of containers, packaging and printed matter and so that the system of selective collection contributes to the fight against climate change, ion particular by reducing the greenhouse gas emission attributable to the system;

(j)  the manner in which the body ensured, with respect to the management of residual materials produced by the containers, packaging and printed matter recovered, to comply, in the choice of a reclamation process, in the order of priority referred to in paragraph 1 of section 13 and a justification for failing to respect that order;

(k)  the manner in which the basic principles of the circular economy and the social economy within the meaning of section 3 of the Social Economy Act (chapter E-1.1.1) were taken into account;

(l)  if applicable, a description of the remedial plan referred to in the second paragraph of section 82, the amount of financing for the measures included in the plan, the implementation schedule and a list of the measures completed during the year;

(m)  the contract models used by the producer to provide the collection, transportation, sorting and conditioning of the residual materials; all the contract models that the producer may use for that purpose must be made public within 8 months after the coming into force of this Regulation;

(n)  in the case of a system implemented by a management body designated pursuant to section 30,

i.  the name of the body;

ii.  the names of the body’s members;

iii.  the composition of the body’s board of directors;

iv.  a list of the committees set up by the body, their composition and their mandate;

v.  with reference to the information referred to in subparagraph d of this subparagraph, the recovery rate achieved during the preceding year and the gap between that rate and the minimum rate prescribed in section 73;

vi.  with reference to the information referred to in subparagraph e of this subparagraph, the reclamation rate, including the local reclamation rate, achieved during the preceding year and the gap between that rate and the minimum rate prescribed in section 75; and

vii.  a report setting out the income resulting from the collection, from its members, of amounts to cover the costs of developing and implementing the system of selective collection, which must indicate the apportionment made under subparagraph 7 and be detailed as follows:

I)  the costs relating to the collection and transportation of residual materials covered by this Regulation, including costs for client services;

II)  the costs relating to the sorting, conditioning and reclamation of the residual materials concerned;

III)  the costs referred to in subparagraphs I and II, per inhabitant and by industry, business or institution served;

IV)  the management costs of the designated management body and the costs incurred by the Société québécoise de récupération et de recyclage (referred to herein as the “Société”) for the system of selective collection;

V)  the costs for the collection, transportation, sorting, conditioning and reclamation of containers or residual materials not covered by the system of selective collection that were collected;

VI)  the costs for the activities referred to in subparagraphs 3 and 4;

VII)  the other costs;

(6)  provides for the determination of the costs involved in the recovery and reclamation of residual materials generated by the containers, packaging and printed matter covered by this Regulation, after subtraction of any income or gain derived from those materials;

(7)  apportions the costs referred to in subparagraph 6 based on characteristics such as those referred to in subparagraphs a to d of subparagraph 2 and taking into account the percentage of post-consumer recycled materials of which the containers, packaging and printed matter are made;

(8)  provides for the verification, by a person who meets any of the following conditions, of the management of the residual materials recovered and of compliance with the requirements of subparagraph 1:

(a)  the person holds certification as an environmental auditor issued by a body 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);

(9)  ensures that the verification referred to in subparagraph 8 is conducted at each sorting centre and each conditioner at the following frequency:

(a)  at least once in the 2 years following 2025;

(b)  as of the first verification conducted under subparagraph a, at least once every 3 years;

(10)  is not used for purposes for which it is not intended.

The cost of recovering and reclaiming residual materials generated by a container, packaging or printed matter referred to in subparagraph 6 of the first paragraph may only be allocated to a product commercialized, marketed or otherwise distributed using that container, packaging or printed matter, or only to the container, packaging or printed matter commercialized, marketed or otherwise distributed and, if it is partially included in the sale price of the product, container, packaging or printed matter, must be internalized in the sale price as soon as it is commercialized, marketed or otherwise distributed.

This internalized cost may only be made visible on the initiative of the producer who commercializes, markets or otherwise distributes the product, container, packaging or printed matter, and in such a case the information must be made visible by the producer as soon as its product is commercialized, marketed or otherwise distributed. The information must include a mention that the cost is used to ensure the recovery and reclamation of the residual materials covered by this Regulation and the address of the website where more information can be obtained.

If a producer makes visible the cost referred to in the third paragraph, any person who offers for sale, sells, distributes to a user or ultimate consumer, or otherwise makes available to them the product, container, packaging, or printed matter with which the cost is associated may also, without being required to do so, make that cost visible. The person must, in such a case, include a mention for the same purpose as in the third paragraph and the same internet address.

O.C. 973-2022, s. 15; O.C. 1365-2023, s. 5.

2022-07-07

15. Producers must in addition, for the purpose of fulfilling their obligations for the development, implementation and financing of a system of selective collection, ensure that the system of selective collection they develop

(1)  includes operating rules, criteria and requirements that all service providers, including subcontractors, must comply with for the purpose of the management of the residual materials recovered and provides for the establishment of measures to ensure compliance;

(2)  includes measures to promote the ecodesign of containers, packaging and printed matter to ensure that they are compatible with the system of selective collection, in particular concerning

(a)  their recyclability;

(b)  the existence of market outlets for the residual materials;

(c)  the inclusion of recycled materials in containers, packaging and printed matter;

(d)  the effort made to reduce, at source, the materials used to manufacture containers, packaging and printed matter; and

(e)  the quantities of containers, packaging and printed matter marketed;

(3)  includes information, awareness and education activities, in particular to inform consumers about the environmental benefits of recovering and reclaiming the residual materials concerned and the types of residual materials targeted by the system of selective collection;

(4)  includes a research and development component on

(a)  techniques to recover and reclaim the residual materials generated by containers, packaging and printed matter;

(b)  the development of market outlets allowing the reclamation of the materials, which must be situated in the following areas, by order of priority: Québec, regions adjacent to Québec, elsewhere in Canada and the United States; and

(c)  the measures that may be implemented to ensure that the system of selective collection contributes to the fight against climate change, in particular by reducing the greenhouse gas emissions attributable to the system;

(5)  includes a means of communication to make public the following information covering the preceding year, each year, and ensure access for a minimum period of 5 years:

(a)  the name of the person or management body designated pursuant to section 30 to implement the system;

(b)  the name of the system, if any;

(c)  the quantity of materials making up the containers, packaging and printed matter covered by this Regulation, by weight, type of material and type of resin where the materials are plastics;

(d)  the quantity of materials referred to in subparagraph c of this subparagraph that are recovered;

(e)  the quantity of materials referred to in subparagraph c of this subparagraph that are

i.  sent to a place referred to in subparagraph 1 of the first paragraph of section 77;

ii.  sent to a place referred to in subparagraph 2 of the first paragraph of section 77;

iii.  otherwise reclaimed;

iv.  stored for more than 30 days, per administrative region; or

v.  disposed of;

(f)  the province, state or, in the case of the United States, the American State in which are located the sites where recovered materials were, as the case may be, conditioned, stored, disposed of or reclaimed and, in the latter case, the reclamation method;

(g)  the quantity, by weight, of residual materials made of rigid plastic recovered and sorted, by type of resin;

(h)  a description of the main activities completed during the preceding year pursuant to subparagraphs 3 and 4;

(i)  a description of the measures implemented to promote the ecodesign of containers, packaging and printed matter and so that the system of selective collection contributes to the fight against climate change, ion particular by reducing the greenhouse gas emission attributable to the system;

(j)  the manner in which the body ensured, with respect to the management of residual materials produced by the containers, packaging and printed matter recovered, to comply, in the choice of a reclamation process, in the order of priority referred to in paragraph 1 of section 13 and a justification for failing to respect that order;

(k)  the manner in which the basic principles of the circular economy and the social economy within the meaning of section 3 of the Social Economy Act (chapter E-1.1.1) were taken into account;

(l)  if applicable, a description of the remedial plan referred to in the second paragraph of section 82, the amount of financing for the measures included in the plan, the implementation schedule and a list of the measures completed during the year;

(m)  the contract models used by the producer to provide the collection, transportation, sorting and conditioning of the residual materials; the models must be made public within 8 months after the coming into force of this Regulation;

(n)  in the case of a system implemented by a management body designated pursuant to section 30,

i.  the name of the body;

ii.  the names of the body’s members;

iii.  the composition of the body’s board of directors;

iv.  a list of the committees set up by the body, their composition and their mandate;

v.  with reference to the information referred to in subparagraph d of this subparagraph, the recovery rate achieved during the preceding year and the gap between that rate and the minimum rate prescribed in section 73;

vi.  with reference to the information referred to in subparagraph e of this subparagraph, the reclamation rate, including the local reclamation rate, achieved during the preceding year and the gap between that rate and the minimum rate prescribed in section 75; and

vii.  a report setting out the income resulting from the collection, from its members, of amounts to cover the costs of developing and implementing the system of selective collection, which must indicate the apportionment made under subparagraph 7 and be detailed as follows:

I)  the costs relating to the collection and transportation of residual materials covered by this Regulation, including costs for client services;

II)  the costs relating to the sorting, conditioning and reclamation of the residual materials concerned;

III)  the costs referred to in subparagraphs I and II, per inhabitant and by industry, business or institution served;

IV)  the management costs of the designated management body and the costs incurred by the Société québécoise de récupération et de recyclage (referred to herein as the “Société”) for the system of selective collection;

V)  the costs for the collection, transportation, sorting, conditioning and reclamation of containers or residual materials not covered by the system of selective collection that were collected;

VI)  the costs for the activities referred to in subparagraphs 3 and 4;

VII)  the other costs;

(6)  provides for the determination of the costs involved in the recovery and reclamation of residual materials generated by the containers, packaging and printed matter covered by this Regulation, after subtraction of any income or gain derived from those materials;

(7)  apportions the costs referred to in subparagraph 6 based on characteristics such as those referred to in subparagraphs a to d of subparagraph 2 and taking into account the percentage of post-consumer recycled materials of which the containers, packaging and printed matter are made;

(8)  provides for the verification, by a person who is not employed by a producer or a designated management body under section 30 and who meets any of the following conditions, of the management of the residual materials recovered and of compliance with the requirements of subparagraph 1:

(a)  the person holds certification as an environmental auditor issued by a body 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);

(9)  ensures that the verification referred to in subparagraph 8 is conducted at each sorting centre and each conditioner at the following frequency:

(a)  at least once in the 2 years following 2025;

(b)  as of the first verification conducted under subparagraph a, at least once every 3 years;

(10)  is not used for purposes for which it is not intended.

The cost of recovering and reclaiming residual materials generated by a container, packaging or printed matter referred to in subparagraph 6 of the first paragraph may only be allocated to a product commercialized, marketed or otherwise distributed using that container, packaging or printed matter, or to the container, packaging or printed matter, and must be internalized in the sale price as soon as it is commercialized, marketed or otherwise distributed.

This internalized cost may only be made visible on the initiative of the producer who commercializes, markets or otherwise distributes the product, container, packaging or printed matter, and in such a case the information must be disclosed as soon as its product is commercialized, marketed or otherwise distributed. The information must include a mention that the cost is used to ensure the recovery and reclamation of the residual materials covered by this Regulation and the address of the website where more information can be obtained.

O.C. 973-2022, s. 15.

Not in force

In force: 2022-07-07

15. Producers must in addition, for the purpose of fulfilling their obligations for the development, implementation and financing of a system of selective collection, ensure that the system of selective collection they develop

(1)  includes operating rules, criteria and requirements that all service providers, including subcontractors, must comply with for the purpose of the management of the residual materials recovered and provides for the establishment of measures to ensure compliance;

(2)  includes measures to promote the ecodesign of containers, packaging and printed matter to ensure that they are compatible with the system of selective collection, in particular concerning

(a)  their recyclability;

(b)  the existence of market outlets for the residual materials;

(c)  the inclusion of recycled materials in containers, packaging and printed matter;

(d)  the effort made to reduce, at source, the materials used to manufacture containers, packaging and printed matter; and

(e)  the quantities of containers, packaging and printed matter marketed;

(3)  includes information, awareness and education activities, in particular to inform consumers about the environmental benefits of recovering and reclaiming the residual materials concerned and the types of residual materials targeted by the system of selective collection;

(4)  includes a research and development component on

(a)  techniques to recover and reclaim the residual materials generated by containers, packaging and printed matter;

(b)  the development of market outlets allowing the reclamation of the materials, which must be situated in the following areas, by order of priority: Québec, regions adjacent to Québec, elsewhere in Canada and the United States; and

(c)  the measures that may be implemented to ensure that the system of selective collection contributes to the fight against climate change, in particular by reducing the greenhouse gas emissions attributable to the system;

(5)  includes a means of communication to make public the following information covering the preceding year, each year, and ensure access for a minimum period of 5 years:

(a)  the name of the person or management body designated pursuant to section 30 to implement the system;

(b)  the name of the system, if any;

(c)  the quantity of materials making up the containers, packaging and printed matter covered by this Regulation, by weight, type of material and type of resin where the materials are plastics;

(d)  the quantity of materials referred to in subparagraph c of this subparagraph that are recovered;

(e)  the quantity of materials referred to in subparagraph c of this subparagraph that are

i.  sent to a place referred to in subparagraph 1 of the first paragraph of section 77;

ii.  sent to a place referred to in subparagraph 2 of the first paragraph of section 77;

iii.  otherwise reclaimed;

iv.  stored for more than 30 days, per administrative region; or

v.  disposed of;

(f)  the province, state or, in the case of the United States, the American State in which are located the sites where recovered materials were, as the case may be, conditioned, stored, disposed of or reclaimed and, in the latter case, the reclamation method;

(g)  the quantity, by weight, of residual materials made of rigid plastic recovered and sorted, by type of resin;

(h)  a description of the main activities completed during the preceding year pursuant to subparagraphs 3 and 4;

(i)  a description of the measures implemented to promote the ecodesign of containers, packaging and printed matter and so that the system of selective collection contributes to the fight against climate change, ion particular by reducing the greenhouse gas emission attributable to the system;

(j)  the manner in which the body ensured, with respect to the management of residual materials produced by the containers, packaging and printed matter recovered, to comply, in the choice of a reclamation process, in the order of priority referred to in paragraph 1 of section 13 and a justification for failing to respect that order;

(k)  the manner in which the basic principles of the circular economy and the social economy within the meaning of section 3 of the Social Economy Act (chapter E-1.1.1) were taken into account;

(l)  if applicable, a description of the remedial plan referred to in the second paragraph of section 82, the amount of financing for the measures included in the plan, the implementation schedule and a list of the measures completed during the year;

(m)  the contract models used by the producer to provide the collection, transportation, sorting and conditioning of the residual materials; the models must be made public within 8 months after the coming into force of this Regulation;

(n)  in the case of a system implemented by a management body designated pursuant to section 30,

i.  the name of the body;

ii.  the names of the body’s members;

iii.  the composition of the body’s board of directors;

iv.  a list of the committees set up by the body, their composition and their mandate;

v.  with reference to the information referred to in subparagraph d of this subparagraph, the recovery rate achieved during the preceding year and the gap between that rate and the minimum rate prescribed in section 73;

vi.  with reference to the information referred to in subparagraph e of this subparagraph, the reclamation rate, including the local reclamation rate, achieved during the preceding year and the gap between that rate and the minimum rate prescribed in section 75; and

vii.  a report setting out the income resulting from the collection, from its members, of amounts to cover the costs of developing and implementing the system of selective collection, which must indicate the apportionment made under subparagraph 7 and be detailed as follows:

I)  the costs relating to the collection and transportation of residual materials covered by this Regulation, including costs for client services;

II)  the costs relating to the sorting, conditioning and reclamation of the residual materials concerned;

III)  the costs referred to in subparagraphs I and II, per inhabitant and by industry, business or institution served;

IV)  the management costs of the designated management body and the costs incurred by the Société québécoise de récupération et de recyclage (referred to herein as the “Société”) for the system of selective collection;

V)  the costs for the collection, transportation, sorting, conditioning and reclamation of containers or residual materials not covered by the system of selective collection that were collected;

VI)  the costs for the activities referred to in subparagraphs 3 and 4;

VII)  the other costs;

(6)  provides for the determination of the costs involved in the recovery and reclamation of residual materials generated by the containers, packaging and printed matter covered by this Regulation, after subtraction of any income or gain derived from those materials;

(7)  apportions the costs referred to in subparagraph 6 based on characteristics such as those referred to in subparagraphs a to d of subparagraph 2 and taking into account the percentage of post-consumer recycled materials of which the containers, packaging and printed matter are made;

(8)  provides for the verification, by a person who is not employed by a producer or a designated management body under section 30 and who meets any of the following conditions, of the management of the residual materials recovered and of compliance with the requirements of subparagraph 1:

(a)  the person holds certification as an environmental auditor issued by a body 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);

(9)  ensures that the verification referred to in subparagraph 8 is conducted at each sorting centre and each conditioner at the following frequency:

(a)  at least once in the 2 years following 2025;

(b)  as of the first verification conducted under subparagraph a, at least once every 3 years;

(10)  is not used for purposes for which it is not intended.

The cost of recovering and reclaiming residual materials generated by a container, packaging or printed matter referred to in subparagraph 6 of the first paragraph may only be allocated to a product commercialized, marketed or otherwise distributed using that container, packaging or printed matter, or to the container, packaging or printed matter, and must be internalized in the sale price as soon as it is commercialized, marketed or otherwise distributed.

This internalized cost may only be made visible on the initiative of the producer who commercializes, markets or otherwise distributes the product, container, packaging or printed matter, and in such a case the information must be disclosed as soon as its product is commercialized, marketed or otherwise distributed. The information must include a mention that the cost is used to ensure the recovery and reclamation of the residual materials covered by this Regulation and the address of the website where more information can be obtained.

O.C. 973-2022, s. 15.