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

Section 9 Disposition versions

2023-08-30

9. Not later than 15 May of each year or, if applicable, within 4 months of the termination of a program, an enterprise referred to in section 2, 2.1, 2.2 or 3 or, if applicable, an organization referred to in section 4 must submit to the Minister a report assessing the performance of its recovery and reclamation program for the preceding calendar year and including the following information and documents:

(1)  for each product subcategory, the quantity of products marketed during the year covered by the annual report and during the reference year determined in Chapter VI and, in the case of a report submitted by an enterprise, according to their brand, name or distinguishing guise, if applicable;

(2)  for each product subcategory, the quantity of products recovered, the recovery rate in percentage and the difference in units or in weight calculated in accordance with Chapter IV, the detail of those calculations and any use of a positive difference for compensation purposes, as well as the quantity and proportions of those products that have been reused, recycled, otherwise reclaimed or disposed of in accordance with the program;

(2.1)  if applicable, the quantity of products covered by section 4.3 recovered or the recovery of which was carried out by another organization referred to in section 4;

(2.2)  if applicable, the quantity of products recovered that are sent or received under an agreement aimed at entrusting the reclamation of a recovered product to another enterprise referred to in section 2, 2.1, 2.2 or 3 or, as the case may be, to an organization referred to in section 4;

(3)  where a management method may not be used in the order provided for in subparagraph 1 of the first paragraph of section 5

(a)  because a method has an advantage over another in environmental terms, a life cycle analysis confirming that situation must be provided, as required under the second paragraph of subparagraph 8 of the second paragraph of section 6 or in the case of any change of management method made during the year for that reason, such analysis must be updated every 5 years;

(b)  because the existing technology or laws and regulations do not allow for the use of a method, proof of that situation must be provided in the case of any change of management method made during the year for that reason, or updated proof if 5 years have elapsed since the proof provided under this subparagraph or the second paragraph of subparagraph 8 of the second paragraph of section 6;

(4)  if applicable, for each subcategory of products, the total quantity of recovered products or materials that have been stored, the name and address of the storage site and, where the quantity stored is 10% or more greater than the quantity stored in the previous year, the reasons for that situation and the measures proposed to reduce that quantity;

(5)  all products considered, a mass balance stating the quantity and nature of materials that were recovered, according to whether they were reused, recycled, otherwise reclaimed, stored or disposed of, and identifying the matters forming more than 3% of those materials and a description of the methodology used to carry out the mass balance;

(6)  for each subcategory of products or materials recovered, the name and address of the enterprises that intervene in the reclamation process for those products or materials, the name and address of the enterprises that treat those products or materials at the place of their final destination, referred to in subparagraph 4 of the first paragraph of section 5 and, if applicable, their method of reclamation or disposal;

(7)  a description of the information, awareness and education activities, the means of communication referred to in subparagraph 8.1 of the first paragraph of section 5 and research and development activities that took place during the year and those planned for the following year;

(8)  the costs related to the implementation of the recovery and reclamation program, specifying the costs associated with

(a)  the recovery, reuse, recycling, any other reclamation or the disposal of the products covered by a program or, as the case may be, the storage, as well as the costs broken down into each subcategory of products;

(b)  the information, awareness and education of customers;

(c)  research and development; and

(d)  program management;

(9)  for each subcategory of products, as of 2016 at the latest, the criteria for modulating the costs associated with the recovery or reclamation and the factors for the application of that modulation in accordance with subparagraph 10 of the first paragraph of section 5;

(10)  if applicable, the number and the location of the sites where the audits referred to in subparagraph 11 of the first paragraph of section 5 and in subparagraph 10 of the second paragraph of section 6 were carried out during the year, the name and address of the person who carried out those audits, a copy of the documents showing that the person meets the conditions determined in subparagraph 11 of the first paragraph of section 5, the findings resulting from those audits and, if applicable, the adjustments that will be made to rectify any problems;

(11)  any amendment to components of the recovery and reclamation program referred to in section 5 and to the information referred to in section 6;

(12)  where the calculation of the recovery rate for a subcategory of products benefits from a compensation in the quantity of products marketed pursuant to the second paragraph of section 13, if applicable,

(a)  a document issued by a recognized certification organization attesting to the percentage of recycled content in the products in that subcategory;

(b)  the document indicating the basic conventional guarantee granted free of charge to any consumer for each of the products of the same subcategory;

(c)  the quantity of products or materials that have been reused or recycled in Québec for each subcategory of products, the name and address of the enterprises that intervene in the reclamation process for those products or materials and the name and address of the enterprises that treat those products or materials at the place of their final destination, referred to in subparagraph 4 of the first paragraph of section 5;

(13)  if applicable, where a remediation plan referred to in section 14 has been provided to the Minister,

(a)  a detailed description of the measures carried out during the year;

(b)  the expenditures incurred during the year specifically for the implementation of the measures contained in the remediation plan as well as the amount of the sums not yet incurred for that purpose;

(14)  any other document or information required in the annual report pursuant to a specific provision applicable to that category of products;

(15)  a description of the steps taken pursuant to section 4.5 during the year covered by the report, as well as the means considered, agreed on and implemented with the organizations with which the discussions were conducted to optimize the use of their resources.

An organization referred to in section 4 must also, in respect of the enterprises referred to in section 8 that are members of the organization, include in its report the information and documents mentioned in subparagraphs 1, 2 and 7 of the first paragraph of section 11.

The information referred to in subparagraphs 1, 2, 2.1, 2.2, 4, 5, 6, 8, subparagraph c of subparagraph 12 and subparagraph 13 of the first paragraph must be audited, at the level of both the enterprise or, if applicable, the organization referred to in section 4, and at the level of its service providers and subcontractors, by a chartered professional accountant authorized by the professional order to which the accountant belongs to perform an audit engagement. It may also be audited by any other person legally authorized to perform such an activity in Québec.

In addition, the audit concerning the information referred to in subparagraphs 1 and 2 of the first paragraph and related to a common recovery and reclamation program may be carried out only for a portion of the enterprises, service providers and subcontractors involved in the program, on an alternate basis, on the following conditions:

(1)  for each subcategory of products, the quantity of products marketed during the year by those enterprises represents at least 20% of the products marketed by all the enterprises in the program, and the quantity of products recovered or reclaimed during the year by those enterprises and their service providers and subcontractors represents 20% of the products recovered or reclaimed by all the enterprises in the program;

(2)  the information subject to the audit engagement allows the expert third person to give his or her opinion for the whole of the enterprises and service providers and subcontractors; and

(3)  each enterprise in the program and each service provider and subcontractor are the subject of an audit engagement at least once every 5 years.

A person engaged to perform the audit referred to in the third or fourth paragraph must not be employed by the organization, the enterprise, its service suppliers or its subcontractors.

O.C. 597-2011, s. 9; O.C. 933-2022, s. 11; O.C. 1369-2023, s. 8.

2022-06-30

9. Not later than 15 May of each year or, if applicable, within 4 months of the termination of a program, an enterprise referred to in section 2 or 3 or, if applicable, an organization referred to in section 4 must submit to the Minister a report assessing the performance of its recovery and reclamation program for the preceding calendar year and including the following information and documents:

(1)  for each product subcategory, the quantity of products marketed during the year covered by the annual report and during the reference year determined in Chapter VI and, in the case of a report submitted by an enterprise, according to their brand, name or distinguishing guise, if applicable;

(2)  for each product subcategory, the quantity of products recovered, the recovery rate in percentage and the difference in units or in weight calculated in accordance with Chapter IV, the detail of those calculations and any use of a positive difference for compensation purposes, as well as the quantity and proportions of those products that have been reused, recycled, otherwise reclaimed or disposed of in accordance with the program;

(2.1)  if applicable, the quantity of products covered by section 4.3 recovered or the recovery of which was carried out by another organization referred to in section 4;

(2.2)  if applicable, the quantity of products recovered that are sent or received under an agreement aimed at entrusting the reclamation of a recovered product to another enterprise referred to in section 2 or 3 or, as the case may be, to an organization referred to in section 4;

(3)  where a management method may not be used in the order provided for in subparagraph 1 of the first paragraph of section 5

(a)  because a method has an advantage over another in environmental terms, a life cycle analysis confirming that situation must be provided, as required under the second paragraph of subparagraph 8 of the second paragraph of section 6 or in the case of any change of management method made during the year for that reason, such analysis must be updated every 5 years;

(b)  because the existing technology or laws and regulations do not allow for the use of a method, proof of that situation must be provided in the case of any change of management method made during the year for that reason, or updated proof if 5 years have elapsed since the proof provided under this subparagraph or the second paragraph of subparagraph 8 of the second paragraph of section 6;

(4)  if applicable, for each subcategory of products, the total quantity of recovered products or materials that have been stored, the name and address of the storage site and, where the quantity stored is 10% or more greater than the quantity stored in the previous year, the reasons for that situation and the measures proposed to reduce that quantity;

(5)  all products considered, a mass balance stating the quantity and nature of materials that were recovered, according to whether they were reused, recycled, otherwise reclaimed, stored or disposed of, and identifying the matters forming more than 3% of those materials and a description of the methodology used to carry out the mass balance;

(6)  for each subcategory of products or materials recovered, the name and address of the enterprises that intervene in the reclamation process for those products or materials, the name and address of the enterprises that treat those products or materials at the place of their final destination, referred to in subparagraph 4 of the first paragraph of section 5 and, if applicable, their method of reclamation or disposal;

(7)  a description of the information, awareness and education activities, the means of communication referred to in subparagraph 8.1 of the first paragraph of section 5 and research and development activities that took place during the year and those planned for the following year;

(8)  the costs related to the implementation of the recovery and reclamation program, specifying the costs associated with

(a)  the recovery, reuse, recycling, any other reclamation or the disposal of the products covered by a program or, as the case may be, the storage, as well as the costs broken down into each subcategory of products;

(b)  the information, awareness and education of customers;

(c)  research and development; and

(d)  program management;

(9)  for each subcategory of products, as of 2016 at the latest, the criteria for modulating the costs associated with the recovery or reclamation and the factors for the application of that modulation in accordance with subparagraph 10 of the first paragraph of section 5;

(10)  if applicable, the number and the location of the sites where the audits referred to in subparagraph 11 of the first paragraph of section 5 and in subparagraph 10 of the second paragraph of section 6 were carried out during the year, the name and address of the person who carried out those audits, a copy of the documents showing that the person meets the conditions determined in subparagraph 11 of the first paragraph of section 5, the findings resulting from those audits and, if applicable, the adjustments that will be made to rectify any problems;

(11)  any amendment to components of the recovery and reclamation program referred to in section 5 and to the information referred to in section 6;

(12)  where the calculation of the recovery rate for a subcategory of products benefits from a compensation in the quantity of products marketed pursuant to the second paragraph of section 13, if applicable,

(a)  a document issued by a recognized certification organization attesting to the percentage of recycled content in the products in that subcategory;

(b)  the document indicating the basic conventional guarantee granted free of charge to any consumer for each of the products of the same subcategory;

(c)  the quantity of products or materials that have been reused or recycled in Québec for each subcategory of products, the name and address of the enterprises that intervene in the reclamation process for those products or materials and the name and address of the enterprises that treat those products or materials at the place of their final destination, referred to in subparagraph 4 of the first paragraph of section 5;

(13)  if applicable, where a remediation plan referred to in section 14 has been provided to the Minister,

(a)  a detailed description of the measures carried out during the year;

(b)  the expenditures incurred during the year specifically for the implementation of the measures contained in the remediation plan as well as the amount of the sums not yet incurred for that purpose;

(14)  any other document or information required in the annual report pursuant to a specific provision applicable to that category of products.

An organization referred to in section 4 must also, in respect of the enterprises referred to in section 8 that are members of the organization, include in its report the information and documents mentioned in subparagraphs 1, 2 and 7 of the first paragraph of section 11.

The information referred to in subparagraphs 1, 2, 2.1, 2.2, 4, 5, 6, 8, subparagraph c of subparagraph 12 and subparagraph 13 of the first paragraph must be audited, at the level of both the enterprise or, if applicable, the organization referred to in section 4, and at the level of its service providers and subcontractors, by an expert third person holding a permit to practise public accountancy issued by a professional order, who gives his or her opinion on the information’s reliability.

In addition, the audit concerning the information referred to in subparagraphs 1 and 2 of the first paragraph and related to a common recovery and reclamation program may be carried out only for a portion of the enterprises, service providers and subcontractors involved in the program, on an alternate basis, on the following conditions:

(1)  for each subcategory of products, the quantity of products marketed during the year by those enterprises represents at least 20% of the products marketed by all the enterprises in the program, and the quantity of products recovered or reclaimed during the year by those enterprises and their service providers and subcontractors represents 20% of the products recovered or reclaimed by all the enterprises in the program;

(2)  the information subject to the audit engagement allows the expert third person to give his or her opinion for the whole of the enterprises and service providers and subcontractors; and

(3)  each enterprise in the program and each service provider and subcontractor are the subject of an audit engagement at least once every 5 years.

O.C. 597-2011, s. 9; O.C. 933-2022, s. 11.

2012-09-01

9. Not later than 30 April of each year or, if applicable, within 4 months of the termination of a program, an enterprise referred to in section 2 or 3 must submit to the Minister a report assessing the performance of its recovery and reclamation program for the preceding calendar year and including the following information and documents:

(1)  for each product subcategory, the quantity of each type of product marketed during the year covered by the annual report and during the reference year determined in Chapter VI and, if applicable, according to their brand, name or distinguishing guise;

(2)  for each product subcategory, the quantity of products recovered, the recovery rate in percentage and the difference in units or in weight calculated in accordance with Chapter IV, the detail of those calculations and any use of a positive difference for compensation purposes, as well as the quantity and proportions of those products that have been reused, recycled, otherwise reclaimed or disposed of in accordance with the program;

(3)  where a management method may not be used in the order provided for in paragraph 1 of section 5

(a)  because a method has an advantage over another in environmental terms, a life cycle analysis confirming that situation must be provided, as required under the second paragraph of subparagraph 8 of the second paragraph of section 6 or in the case of any change of management method made during the year for that reason, such analysis must be updated every 5 years;

(b)  because the existing technology or laws and regulations do not allow for the use of a method, proof of that situation must be provided in the case of any change of management method made during the year for that reason, or updated proof if 5 years have elapsed since the proof provided under this subparagraph or the second paragraph of subparagraph 8 of the second paragraph of section 6;

(4)  if applicable, for each subcategory of products, the total quantity of recovered products or materials that have been stored, the name and address of the storage site and, where the quantity stored is 10% or more greater than the quantity stored in the previous year, the reasons for that situation and the measures proposed to reduce that quantity;

(5)  all products considered, a mass balance stating the quantity and nature of materials that were recovered, according to whether they were reused, recycled, otherwise reclaimed, stored or disposed of, and identifying the matters forming more than 3% of those materials and a description of the methodology used to carry out the mass balance;

(6)  for each subcategory and, if applicable, by type of product, or for each material, the final reclamation destination of the recovered products and materials, including the names and addresses of the addressees and, if products or materials are to be disposed of, the disposal site and the name and contact information of the person in charge of that site;

(7)  a description of the information, awareness and education activities and research and development activities that took place during the year and those planned for the following year;

(8)  the costs related to the implementation of the recovery and reclamation program, specifying the costs associated with

(a)  the recovery, reuse, recycling, any other reclamation or the disposal of the products covered by a program or, as the case may be, the storage, as well as the costs broken down into each subcategory or type of product;

(b)  the information, awareness and education of customers;

(c)  research and development; and

(d)  program management;

(9)  for each subcategory and, if applicable, by type of product, as of 2016 at the latest, the criteria for modulating the costs associated with the recovery or reclamation and the factors for the application of that modulation in accordance with paragraph 10 of section 5;

(10)  if applicable, a description of the environmental audit activities carried out during the year including the name and address of the independent third person whose services were retained and proof that such person is certified in environmental audit, as well as the findings resulting from the audit and, if applicable, the adjustments to be made to rectify the elements causing problems; and

(11)  any amendment to components of the recovery and reclamation program referred to in section 5 and to the information referred to in section 6.

The information referred to in the first paragraph must be the subject of an audit engagement, both at the enterprise level and at the level of its service providers and subcontractors, by an expert third person holding a permit to practise public accountancy issued by a professional order, who gives his or her opinion on the information’s reliability.

In addition, the audit engagement concerning the information referred to in subparagraphs 1 and 2 of the first paragraph and related to a common recovery and reclamation program may be carried out only for a portion of the enterprises, service providers and subcontractors involved in the program, on an alternate basis, on the following conditions:

(1)  for each subcategory of products, the quantity of products marketed during the year by those enterprises represents at least 20% of the products marketed by all the enterprises in the program, and the quantity of products recovered or reclaimed during the year by those enterprises and their service providers and subcontractors represents 20% of the products recovered or reclaimed by all the enterprises in the program;

(2)  the information subject to the audit engagement allows the expert third person to give his or her opinion for the whole of the enterprises and service providers and subcontractors; and

(3)  each enterprise in the program and each service provider and subcontractor are the subject of an audit engagement at least once every 5 years.

O.C. 597-2011, s. 9.