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

Section 13 Disposition versions

2023-08-30

13. From the year in which a recovery rate is prescribed for a subcategory of products under Chapter VI, an enterprise referred to in section 2, 2.1, 2.2 or 3 that markets such products and an organization referred to in section 4 that is required to recover and reclaim such products must, for each subcategory of products to which a product marketed by the enterprise or required to be recovered and reclaimed by the organization, as the case may be, belongs, determine yearly:

(1)  its recovery rate according to the following formula:

T = A / B

in which:

A = Quantity of products of the same subcategory as those marketed actually recovered during the year, that is, the quantity of products returned to drop-off centres or recovered through a collection service provided for in the recovery and reclamation program and that were forwarded to a treatment or storage centre during the year. The value of variable A is deemed to be 0 where the quantities of products recovered have not been audited pursuant to the second paragraph of section 9;

B = (1) Quantity of products marketed during the reference year for that subcategory of products; or

(2) quantity of products considered available for recovery during the year under Chapter VI for that subcategory of products; if the quantities of products considered available for recovery vary according to the sizes used to market them or the specific features of the products in a single subcategory or type, the value used for that subcategory of products must be calculated on the basis of the proportions of quantity considered available for recovery provided for in Chapter VI;

C = Minimum recovery rate provided for in Chapter VI according to the subcategory of products, in percentage;

E = Difference between the quantity of products of the same subcategory as those marketed and actually recovered and that necessary to attain the minimum recovery rate;

T = Annual recovery rate of the enterprise, in percentage.

(2)  the difference in units, weight or volume, according to the prescriptions of Chapter VI, between the quantity of recovered products and the quantity necessary for attaining the minimum recovery rate prescribed in Chapter VI for the subcategory of product, according to the following formula:

E = A – (C × B)

Any negative difference calculated in accordance with subparagraph 2 of the first paragraph may be compensated for by a quantity of products equivalent to that determined by multiplying the percentage prescribed in Chapter VI by the value of variable B for the same subcategory of product. The compensation may not be greater than 30% of the quantity of products recovered necessary to attain the minimum recovery rate prescribed in Chapter VI.

Any positive difference calculated under subparagraph 2 of the first paragraph may be used, in whole or in part and for a single subcategory of products to compensate for a negative difference of a year occurring 5 years after the year of calculation of the positive difference.

In addition, during each of the 2 full calendar years preceding the calendar year for which a minimum recovery rate is prescribed, up to 50% of the quantity of products recovered in the same subcategory of products may be used to compensate for the negative difference in the same subcategory of products for a year preceding by no more than 5 years the first year for which a rate is prescribed.

Any information used to calculate the recovery rate and the difference referred to in the first paragraph or the reduction in the quantity of products recovered necessary to attain the minimum recovery rate pursuant to the second paragraph, the detail and the result of those calculations as well as any use of a positive difference or of the quantity referred to in the third paragraph or in section 59.3 for compensation purposes and the quantity of products recovered used to compensate for a negative difference in the cases provided for in the third paragraph and in section 59.3 must be recorded annually in a register and that information must be kept for at least 10 years and provided to the Minister on request.

O.C. 597-2011, s. 13; O.C. 1074-2019, s. 2; S.Q. 2020, c. 19, s. 29; O.C. 933-2022, s. 16; O.C. 1369-2023, s. 31.

2022-06-30

13. From the year in which a recovery rate is prescribed for a subcategory of products under Chapter VI, an enterprise referred to in section 2 or 3 that markets such products and an organization referred to in section 4 that is required to recover and reclaim such products must, for each subcategory of products to which a product marketed by the enterprise or required to be recovered and reclaimed by the organization, as the case may be, belongs, determine yearly:

(1)  its recovery rate according to the following formula:

T = A / B

in which:

A = Quantity of products of the same subcategory as those marketed actually recovered during the year, that is, the quantity of products returned to drop-off centres or recovered through a collection service provided for in the recovery and reclamation program and that were forwarded to a treatment or storage centre during the year. The value of variable A is deemed to be 0 where the quantities of products recovered have not been audited pursuant to the second paragraph of section 9;

B = (1) Quantity of products marketed during the reference year for that subcategory of products; or

(2) quantity of products considered available for recovery during the year under Chapter VI for that subcategory of products; if the quantities of products considered available for recovery vary according to the sizes used to market them or the specific features of the products in a single subcategory or type, the value used for that subcategory of products must be calculated on the basis of the proportions of quantity considered available for recovery provided for in Chapter VI;

C = Minimum recovery rate provided for in Chapter VI according to the subcategory of products, in percentage;

E = Difference between the quantity of products of the same subcategory as those marketed and actually recovered and that necessary to attain the minimum recovery rate;

T = Annual recovery rate of the enterprise, in percentage.

(2)  the difference in units, weight or volume, according to the prescriptions of Chapter VI, between the quantity of recovered products and the quantity necessary for attaining the minimum recovery rate prescribed in Chapter VI for the subcategory of product, according to the following formula:

E = A - (C × B)

Any negative difference calculated in accordance with subparagraph 2 of the first paragraph may be compensated for by a quantity of products equivalent to that determined by multiplying the percentage prescribed in Chapter VI by the value of variable B for the same subcategory of product. The compensation may not be greater than 30% of the quantity of products recovered necessary to attain the minimum recovery rate prescribed in Chapter VI.

Any positive difference calculated under subparagraph 2 of the first paragraph may be used, in whole or in part and for a single subcategory of products to compensate for a negative difference of a year occurring 5 years after the year of calculation of the positive difference.

In addition, during each of the 2 full calendar years preceding the calendar year for which a minimum recovery rate is prescribed, up to 50% of the quantity of products recovered in the same subcategory of products may be used to compensate for the negative difference in the same subcategory of products for a year preceding by no more than 5 years the first year for which a rate is prescribed.

Any information used to calculate the recovery rate and the difference referred to in the first paragraph or the reduction in the quantity of products recovered necessary to attain the minimum recovery rate pursuant to the second paragraph, the detail and the result of those calculations as well as any use of a positive difference or of the quantity referred to in the third paragraph or in section 59.3 for compensation purposes and the quantity of products recovered used to compensate for a negative difference in the cases provided for in the third paragraph and in section 59.3 must be recorded annually in a register and that information must be kept for at least 10 years and provided to the Minister on request.

O.C. 597-2011, s. 13; O.C. 1074-2019, s. 2; S.Q. 2020, c. 19, s. 29; O.C. 933-2022, s. 16.

2020-11-01

13. From the year in which a recovery rate is prescribed for a subcategory of product under Chapter VI, an enterprise referred to in section 2 or 3 that markets such products must, for each subcategory of product to which a product marketed by the enterprise belongs, determine yearly:

(1)  its recovery rate according to the following formula:

T = A / B

in which:

A = Quantity of products actually recovered during the year, that is, the quantity of products returned to drop-off centres or recovered through a collection service provided for in the recovery and reclamation program and that were forwarded to a treatment or storage centre during the year;

B = (1) Quantity of products marketed during the reference year for that subcategory of products; or

(2) quantity of products considered available for recovery during the year under Chapter VI for that subcategory of products; if the quantities of products considered available for recovery vary according to the sizes used to market them or the specific features of the products in a single subcategory or type, the value used for that subcategory of products must be calculated on the basis of the proportions of quantity considered available for recovery provided for in Chapter VI;

C = Minimum recovery rate provided for in Chapter VI according to the subcategory of products, in percentage;

E = Difference between the quantity of products recovered and that necessary to attain the minimum recovery rate;

T = Annual recovery rate of the enterprise, in percentage.

(2)  the difference in units, weight or volume, according to the prescriptions of Chapter VI, between the quantity of recovered products and the quantity necessary for attaining the minimum recovery rate prescribed in Chapter VI for the subcategory of product, according to the following formula:

E = A - (C × B)

Where, for a year, the difference calculated under subparagraph 2 of the first paragraph is negative, the value of the difference must be paid into the Fund for the Protection of the Environment and the Waters in the Domain of the State in accordance with section 14 if that difference is not compensated for in the following 5 years by a positive difference referred to in the third paragraph.

Any positive difference calculated under subparagraph 2 of the first paragraph may be used, in whole or in part and for a single subcategory of products to compensate for a negative difference of a year occurring 5 years before or after the year of calculation of the positive difference.

Any information used to calculate the recovery rate and the difference referred to in the first paragraph, the detail and the result of those calculations as well as any use of a positive difference or of the quantity referred to in the fourth paragraph for compensation purposes must be recorded annually in a register and that information must be kept for at least 10 years and provided to the Minister on request.

O.C. 597-2011, s. 13; O.C. 1074-2019, s. 2; S.Q. 2020, c. 19, s. 29.

2019-12-05

13. From the year in which a recovery rate is prescribed for a subcategory of product under Chapter VI, an enterprise referred to in section 2 or 3 that markets such products must, for each subcategory of product to which a product marketed by the enterprise belongs, determine yearly:

(1)  its recovery rate according to the following formula:

T = A / B

in which:

A = Quantity of products actually recovered during the year, that is, the quantity of products returned to drop-off centres or recovered through a collection service provided for in the recovery and reclamation program and that were forwarded to a treatment or storage centre during the year;

B = (1) Quantity of products marketed during the reference year for that subcategory of products; or

(2) quantity of products considered available for recovery during the year under Chapter VI for that subcategory of products; if the quantities of products considered available for recovery vary according to the sizes used to market them or the specific features of the products in a single subcategory or type, the value used for that subcategory of products must be calculated on the basis of the proportions of quantity considered available for recovery provided for in Chapter VI;

C = Minimum recovery rate provided for in Chapter VI according to the subcategory of products, in percentage;

E = Difference between the quantity of products recovered and that necessary to attain the minimum recovery rate;

T = Annual recovery rate of the enterprise, in percentage.

(2)  the difference in units, weight or volume, according to the prescriptions of Chapter VI, between the quantity of recovered products and the quantity necessary for attaining the minimum recovery rate prescribed in Chapter VI for the subcategory of product, according to the following formula:

E = A - (C × B)

Where, for a year, the difference calculated under subparagraph 2 of the first paragraph is negative, the value of the difference must be paid into the Green Fund in accordance with section 14 if that difference is not compensated for in the following 5 years by a positive difference referred to in the third paragraph.

Any positive difference calculated under subparagraph 2 of the first paragraph may be used, in whole or in part and for a single subcategory of products to compensate for a negative difference of a year occurring 5 years before or after the year of calculation of the positive difference.

Any information used to calculate the recovery rate and the difference referred to in the first paragraph, the detail and the result of those calculations as well as any use of a positive difference or of the quantity referred to in the fourth paragraph for compensation purposes must be recorded annually in a register and that information must be kept for at least 10 years and provided to the Minister on request.

O.C. 597-2011, s. 13; O.C. 1074-2019, s. 2.

2012-09-01

13. From the year in which a recovery rate is prescribed for a subcategory of product under Chapter VI, an enterprise referred to in section 2 or 3 that markets such products must, for each subcategory of product to which a product marketed by the enterprise belongs, determine yearly:

(1)  its recovery rate according to the following formula:

T = A / B

(2)  the difference in units, weight or volume, according to the prescriptions of Chapter VI, between the quantity of recovered products and the quantity necessary for attaining the minimum recovery rate prescribed in Chapter VI for the subcategory of product, according to the following formula:

E = A - (C × B)

in which:

A = Quantity of products actually recovered during the year, that is, the quantity of products returned to drop-off centres or recovered through a collection service provided for in the recovery and reclamation program and that were forwarded to a treatment or storage centre during the year;

B = (1) Quantity of products marketed during the reference year for that subcategory of products; or

(2)  quantity of products considered available for recovery during the year under Chapter VI for that subcategory of products; if the quantities of products considered available for recovery vary according to the sizes used to market them or the specific features of the products in a single subcategory or type, the value used for that subcategory of products must be calculated on the basis of the proportions of quantity considered available for recovery provided for in Chapter VI;

C = Minimum recovery rate provided for in Chapter VI according to the subcategory of products, in percentage;

E = Difference between the quantity of products recovered and that necessary to attain the minimum recovery rate;

T = Annual recovery rate of the enterprise, in percentage.

Where, for a year, the difference calculated under subparagraph 2 of the first paragraph is negative, the value of the difference must be paid into the Green Fund in accordance with section 14 if that difference is not compensated for in the following 5 years by a positive difference referred to in the third paragraph.

Any positive difference calculated under subparagraph 2 of the first paragraph may be used, in whole or in part and for a single subcategory of products to compensate for a negative difference of a year occurring 5 years before or after the year of calculation of the positive difference.

The quantity of products recovered for a subcategory during each of the 2 full calendar years preceding the year in which a minimum recovery rate is prescribed may be used at a rate of 50%, in whole or in part, to compensate for the negative difference of a single subcategory of products calculated for a year occurring no more than 5 years after the first year for which a rate is prescribed.

Any information used to calculate the recovery rate and the difference referred to in the first paragraph, the detail and the result of those calculations as well as any use of a positive difference or of the quantity referred to in the fourth paragraph for compensation purposes must be recorded annually in a register and that information must be kept for at least 10 years and provided to the Minister on request.

O.C. 597-2011, s. 13.