Q-2, r. 16.1 - Regulation respecting the development, implementation and financial support of a deposit-refund system for certain containers

Article 73 Versions de la disposition

2023-08-30

73. Any body that meets the following requirements may be designated pursuant to section 70:

1°  it is constituted as a non-profit legal person;

2°  its head office is in Québec and it pursues most of its activities in Québec;

3°  each of the following categories of producers classified based on the types of products they commercialize, market or otherwise distribute, is represented by a producer on its board of directors:

a)  producers of beer and other malt-based alcoholic beverages;

b)  producers of alcoholic beverages other than those referred to in subparagraph a;

c)  producers of carbonated soft drinks other than sparkling water;

d)  producers of water, including sparkling water;

e)  producers of milk and milk substitutes;

f)  producers of all other beverages that do not contain alcohol;

4°  each category of producers, based on the types of redeemable containers they use among those listed in subparagraphs 1 to 4, 6 and 7 of the first paragraph of section 3, mainly to commercialize, market or otherwise distribute their products, is represented by a producer on the board of directors; producers who mainly use one of the types of redeemable containers referred to in subparagraphs 6 and 7 of the first paragraph of section 3 form a single category for the purposes of this subparagraph;

5°  most of the body’s activities are connected to the recovery and reclamation of residual materials;

6°  the body is able to take financial responsibility for the development of the deposit-refund system to which this Regulation applies.

A single member of the body’s board of directors may fulfill a requirement specified in both subparagraph 3 and subparagraph 4 of the first paragraph.

D. 972-2022, s. 73; D. 1366-2023, s. 38.

2022-07-07

73. Any body that meets the following requirements may be designated pursuant to section 70:

1°  it is constituted as a non-profit legal person;

2°  its head office is in Québec and it pursues most of its activities in Québec;

3°  each of the following categories of producers classified based on the types of products they commercialize, market or otherwise distribute, is represented by a producer on its board of directors:

a)  producers of beer and other malt-based alcoholic beverages;

b)  producers of alcoholic beverages other than those referred to in subparagraph a;

c)  producers of carbonated soft drinks other than sparkling water;

d)  producers of water, including sparkling water;

e)  producers of milk and milk substitutes;

f)  producers of all other beverages that do not contain alcohol;

4°  each category of producers, based on the types of containers they use among those listed in subparagraphs 1 to 4, 6 and 7 of the first paragraph of section 3, mainly to commercialize, market or otherwise distribute their products, is represented by a producer on the board of directors; producers who mainly use one of the types of containers referred to in subparagraphs 6 and 7 of the first paragraph of section 3 form a single category for the purposes of this subparagraph;

5°  most of the body’s activities are connected to the recovery and reclamation of residual materials;

6°  the body is able to take financial responsibility for the development of the deposit-refund system to which this Regulation applies.

A single member of the body’s board of directors may fulfill a requirement specified in both subparagraph 3 and subparagraph 4 of the first paragraph.

D. 972-2022, s. 73.

Non en vigueur

In force: 2022-07-07

73. Any body that meets the following requirements may be designated pursuant to section 70:

1°  it is constituted as a non-profit legal person;

2°  its head office is in Québec and it pursues most of its activities in Québec;

3°  each of the following categories of producers classified based on the types of products they commercialize, market or otherwise distribute, is represented by a producer on its board of directors:

a)  producers of beer and other malt-based alcoholic beverages;

b)  producers of alcoholic beverages other than those referred to in subparagraph a;

c)  producers of carbonated soft drinks other than sparkling water;

d)  producers of water, including sparkling water;

e)  producers of milk and milk substitutes;

f)  producers of all other beverages that do not contain alcohol;

4°  each category of producers, based on the types of containers they use among those listed in subparagraphs 1 to 4, 6 and 7 of the first paragraph of section 3, mainly to commercialize, market or otherwise distribute their products, is represented by a producer on the board of directors; producers who mainly use one of the types of containers referred to in subparagraphs 6 and 7 of the first paragraph of section 3 form a single category for the purposes of this subparagraph;

5°  most of the body’s activities are connected to the recovery and reclamation of residual materials;

6°  the body is able to take financial responsibility for the development of the deposit-refund system to which this Regulation applies.

A single member of the body’s board of directors may fulfill a requirement specified in both subparagraph 3 and subparagraph 4 of the first paragraph.

D. 972-2022, s. 73.