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

Section 33 Disposition versions

2023-08-30

33. The minimum recovery rates that must be attained yearly by an enterprise referred to in section 2, 2.1, 2.2 or 3 that markets products referred to in section 29 must be equal to the following percentages as of the periods indicated:

(1)  in the case of products referred to in subparagraph 1 of the first paragraph of section 29, the minimum rate for all products in that subcategory, except sealed lead-acid batteries weighing 5 kg or less, is 25% as of 2023, which is increased by 5% every 2 years until a 50% rate is attained, followed by a 5% increase every 3 years until a 65% rate is attained;

(2)  in the case of sealed lead-acid batteries weighing 5 kg or less referred to in subparagraph 1 of the first paragraph of section 29, the minimum rate for all those products is 25% as of 2025, which is increased by 5% every 2 years until a 50% rate is attained, followed by a 5% increase every 3 years until a 65% rate is attained, unless they are recovered and treated without differentiating them from the other products referred to in subparagraph 1 of the first paragraph, in which case the minimum rate and the application period are those provided for in subparagraph 1 of this paragraph;

(3)  in the case of products referred to in subparagraph 2 of the first paragraph of section 29, the minimum rate for all products in that subcategory is 20% as of 2023, which is increased by 5% every 2 years until a 50% rate is attained, followed by a 5% increase every 3 years until a 65% rate is attained.

The rates are calculated on the basis of the quantity of products marketed during the following reference years:

(1)  in the case of products referred to in subparagraph 1 of the first paragraph of section 29, the year preceding by 5 years the year for which the rate is calculated, which, in the case of sealed lead-acid batteries weighing less than 5 kg, may not be prior to 2022;

(2)  in the case of products referred to in subparagraph 2 of the first paragraph of section 29, the year preceding by 3 years the year for which the rate is calculated.

Where the time elapsed since the date of the first marketing of such products by an enterprise is less than that prescribed for those products in subparagraph 1 or 2 of the second paragraph, the year of that marketing is considered to be the reference year for those products until the time prescribed in those subparagraphs has elapsed.

Where, pursuant to subparagraph 1 or 2 of the second paragraph, the reference year is prior to 2022, that year is considered to be the reference year until 5 years have elapsed, in the case of products referred to in subparagraph 1 of the first paragraph of section 29, and until 3 years have elapsed, in the case of products referred to in subparagraph 2 of the first paragraph of section 29.

O.C. 597-2011, s. 33; O.C. 1074-2019, s. 4; O.C. 933-2022, s. 33; O.C. 1369-2023, s. 31.

2022-06-30

33. The minimum recovery rates that must be attained yearly by an enterprise referred to in section 2 or 3 that markets products referred to in section 29 must be equal to the following percentages as of the periods indicated:

(1)  in the case of products referred to in subparagraph 1 of the first paragraph of section 29, the minimum rate for all products in that subcategory, except sealed lead-acid batteries weighing 5 kg or less, is 25% as of 2023, which is increased by 5% every 2 years until a 50% rate is attained, followed by a 5% increase every 3 years until a 65% rate is attained;

(2)  in the case of sealed lead-acid batteries weighing 5 kg or less referred to in subparagraph 1 of the first paragraph of section 29, the minimum rate for all those products is 25% as of 2025, which is increased by 5% every 2 years until a 50% rate is attained, followed by a 5% increase every 3 years until a 65% rate is attained, unless they are recovered and treated without differentiating them from the other products referred to in subparagraph 1 of the first paragraph, in which case the minimum rate and the application period are those provided for in subparagraph 1 of this paragraph;

(3)  in the case of products referred to in subparagraph 2 of the first paragraph of section 29, the minimum rate for all products in that subcategory is 20% as of 2023, which is increased by 5% every 2 years until a 50% rate is attained, followed by a 5% increase every 3 years until a 65% rate is attained.

The rates are calculated on the basis of the quantity of products marketed during the following reference years:

(1)  in the case of products referred to in subparagraph 1 of the first paragraph of section 29, the year preceding by 5 years the year for which the rate is calculated, which, in the case of sealed lead-acid batteries weighing less than 5 kg, may not be prior to 2022;

(2)  in the case of products referred to in subparagraph 2 of the first paragraph of section 29, the year preceding by 3 years the year for which the rate is calculated.

Where the time elapsed since the date of the first marketing of such products by an enterprise is less than that prescribed for those products in subparagraph 1 or 2 of the second paragraph, the year of that marketing is considered to be the reference year for those products until the time prescribed in those subparagraphs has elapsed.

Where, pursuant to subparagraph 1 or 2 of the second paragraph, the reference year is prior to 2022, that year is considered to be the reference year until 5 years have elapsed, in the case of products referred to in subparagraph 1 of the first paragraph of section 29, and until 3 years have elapsed, in the case of products referred to in subparagraph 2 of the first paragraph of section 29.

O.C. 597-2011, s. 33; O.C. 1074-2019, s. 4; O.C. 933-2022, s. 33.

2019-12-05

33. As of 2020, the minimum recovery rates that must be attained yearly by an enterprise referred to in section 2 or 3 that markets products referred to in section 29 must be equal to the following percentages:

(1)  in the case of products referred to in paragraph 1, the minimum rate for all the products in that subcategory is 25%, which is increased by 5% per year until a 65% rate is attained;

(2)  in the case of products referred to in paragraph 2, the minimum rate for all the products in that subcategory is 20%, which is increased by 5% per year until a 65% rate is attained.

The rates are calculated, for each subcategory, on the basis of the quantity of products marketed in the year preceding by 5 years the year for which the rate is calculated.

Where the time elapsed since the date of the first marketing of such products by an enterprise is less than 5 years, the year of the first marketing is considered to be the reference year for those products until 5 years have elapsed.

Where, pursuant to the second paragraph, the reference year is prior to the year 2011, that year is considered to be the reference year until 5 years have elapsed.

O.C. 597-2011, s. 33; O.C. 1074-2019, s. 4.

2012-09-01

33. As of 2015, the minimum recovery rates that must be attained yearly by an enterprise referred to in section 2 or 3 that markets products referred to in section 29 must be equal to the following percentages:

(1)  in the case of products referred to in paragraph 1, the minimum rate for all the products in that subcategory is 25%, which is increased by 5% per year until a 65% rate is attained;

(2)  in the case of products referred to in paragraph 2, the minimum rate for all the products in that subcategory is 20%, which is increased by 5% per year until a 65% rate is attained.

The rates are calculated, for each subcategory, on the basis of the quantity of products marketed in the year preceding by 5 years the year for which the rate is calculated.

Where the time elapsed since the date of the first marketing of such products by an enterprise is less than 5 years, the year of the first marketing is considered to be the reference year for those products until 5 years have elapsed.

Where, pursuant to the second paragraph, the reference year is prior to the year 2011, that year is considered to be the reference year until 5 years have elapsed.

O.C. 597-2011, s. 33.