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

Section 2 Disposition versions

2023-08-30

2. Every enterprise that owns or, as the case may be, uses a name or brand and that has its domicile or an establishment in Québec, is required to recover and reclaim, as a measure under subparagraph b of subparagraph 6 of the first paragraph of section 53.30 of the Environment Quality Act (chapter Q-2), by means of a recovery and reclamation program developed in accordance with section 5, any new product to which this Regulation applies that is marketed in Québec under that name or brand and is returned to one of its drop-off centres, or for which it provides a collection service.

If a product is marketed under more than one name or brand, the obligation provided for in the first paragraph falls on the enterprise responsible for the product’s manufacture.

Despite the first and second paragraphs, the obligation provided for in the first paragraph falls on the enterprise that has its domicile or an establishment in Québec and that acts as the first supplier in Québec, excluding the manufacturer, of a new product covered by this Regulation, in the following cases:

(1)  the enterprise that owns or uses the name or brand has no domicile or establishment in Québec;

(2)  the product is marketed with no name or brand.

O.C. 597-2011, s. 2; O.C. 933-2022, s. 1; O.C. 1369-2023, s. 1.

2022-12-30

2. Every enterprise that markets a new product referred to in this Regulation under a brand, a name or a distinguishing guise owned or used by the enterprise must recover and reclaim, or cause to be recovered and reclaimed, as a measure under subparagraph b of subparagraph 6 of the first paragraph of section 53.30 of the Environment Quality Act (chapter Q-2), by means of a recovery and reclamation program developed in accordance with section 5, any product of the same type as the product marketed by the enterprise and that is deposited at one of its drop-off centres or for which the enterprise offers, if applicable, a collection service.

If a product is marketed under more than one brand, name or distinguishing guise, the obligation provided for in the first paragraph falls on the enterprise responsible for the product’s design.

Despite the first and second paragraphs, the obligation provided for in the first paragraph falls on the enterprise that acts as the first supplier in Québec of a new product covered by this Regulation, in the following cases:

(1)  the enterprise referred to in the first or in the second paragraph has no domicile or establishment in Québec;

(2)  the product does not bear any brand, name or distinguishing guise.

Where a new product covered by this Regulation is acquired outside Québec in the course of a sale governed by the laws of Québec, the following rules apply:

(1)  if the product is acquired by an enterprise that has its domicile or an establishment in Québec for the purpose of marketing it, the obligation provided for in the first paragraph falls

(a)  on the enterprise that acquires the product, if the enterprise from which it acquired it has no domicile or establishment in Québec;

(b)  on the enterprise from which the product was acquired, if that enterprise has its domicile or an establishment in Québec;

(2)  if that product is acquired by an enterprise, or a natural person that is not carrying on an organized economic activity, that has its, his or her domicile or an establishment in Québec, by a municipality or by a public body within the meaning of section 4 of the Act respecting contracting by public bodies (chapter C-65.1) for that enterprise’s, that person’s, that municipality’s or that public body’s own use, the obligation provided for in the first paragraph falls

(a)  on the enterprise that operates a transactional website, by means of which the product was acquired, enabling an enterprise that has no domicile or establishment in Québec to market a product in Québec;

(b)  on the enterprise from which the product was acquired, whether or not it has a domicile or establishment in Québec, in other cases.

Where enterprises referred to in this section are part of the same chain, franchise or banner, they may form a group to develop, in accordance with section 5, a common recovery and reclamation program pertaining to the products referred to in this Regulation and marketed by them under the same brand, name or distinguishing guise, or for which they act as first supplier. The group is then considered as an enterprise for the purposes of this Regulation.

This section does not apply to an enterprise that is a “small supplier” within the meaning of the Act respecting the Québec sales tax (chapter T-0.1).

O.C. 597-2011, s. 2; O.C. 933-2022, s. 1.

2012-09-01

2. Every enterprise that markets a new product referred to in this Regulation under a brand, a name or a distinguishing guise owned or used by the enterprise must recover and reclaim, or cause to be recovered and reclaimed, by means of a recovery and reclamation program developed in accordance with section 5, any product of the same type as the product marketed by the enterprise and that is deposited at one of its drop-off centres or for which the enterprise offers, if applicable, a collection service.

If a product is marketed under more than one brand, name or distinguishing guise, the obligation provided for in the first paragraph falls on the enterprise responsible for the product’s design.

Despite the first and second paragraphs, that obligation falls on the enterprise that acts as the first supplier of that product in Québec, whether or not the enterprise is the importer, in the following cases:

(1)  the enterprise referred to in the first or second paragraph has no domicile or establishment in Québec;

(2)  the enterprise that markets the product acquires the product outside Québec, regardless of whether the enterprise owning or using the brand, name or distinguishing guise has a domicile or establishment in Québec; or

(3)  a product does not bear any brand, name or distinguishing guise.

Where enterprises referred to in this section are part of the same chain, franchise or banner, they may form a group to develop, in accordance with section 5, a common recovery and reclamation program pertaining to the products referred to in this Regulation and marketed by them under the same brand, name or distinguishing guise, or for which they act as first supplier. The group is then considered as an enterprise for the purposes of this Regulation.

O.C. 597-2011, s. 2.