Q-2, r. 32.1.1 - Regulation respecting certain transitional measures needed for the application of the Act to amend mainly the Environment Quality Act with respect to deposits and selective collection

Updated to 30 August 2023

This document has official status.

chapter Q-2, r. 32.1.1

Regulation respecting certain transitional measures needed for the application of the Act to amend mainly the Environment Quality Act with respect to deposits and selective collection

Environment Quality Act

(chapter Q-2).

Act to amend mainly the Environment Quality Act with respect to deposits and selective collection

(2021, chapter 5, s. 22).

CHAPTER I PROVISIONS APPLICABLE WITH RESPECT TO DEPOSITS

O.C. 1367-2023, c. I.

1. The purpose of this Regulation is to enact certain transitional measures needed for the application of the Act to amend mainly the Environment Quality Act with respect to deposits and selective collection (2021, chapter 5).

O.C. 1367-2023, s. 1.

2. The Société québécoise de récupération et de recyclage, hereinafter the “Société”, must, not later than 15 December 2023, pay to the management body designated pursuant to the Regulation respecting the development, implementation and financial support of a deposit-refund system for certain containers (chapter Q-2, r. 16.1) an amount equal to the amount that, on 31 March 2023, appeared as “Provision for amounts payable for container deposits”, for the Beer component, under the heading “Liabilities” in its financial statements for the 2022-2023 fiscal year.

The amount is reduced by any part of the provision already paid to the designated management body by the Société before the date of coming into force of this Regulation.

O.C. 1367-2023, s. 2.

3. The amount referred to in the first paragraph of section 2 cannot be used for any purpose other than the development and implementation of a deposit-refund system for certain containers to which the Regulation respecting the development, implementation and financial support of a deposit-refund system for certain containers (chapter Q-2, r. 16.1) applies.

O.C. 1367-2023, s. 3.

4. The Société must, not later than 15 December 2023, send to the Minister, the designated management body and each party having signed an agreement entered into in accordance with the Beer and Soft Drinks Distributors’ Permits Regulation (chapter V-5.001, r. 1) covering redeemable containers in which beer is sold that is in force on 31 October 2023, the amount of the provision referred to in the first paragraph of section 2, the method used to calculate the amount of the provision, and the elements taken into account to perform the calculation, including:

(1)  an estimate by the Société of the number of days, on average, that elapses before a redeemable container is returned for a refund of the deposit pursuant to that agreement;

(2)  the daily average of deposits referred to in paragraph 1 that are refunded, including the encouragement bonus, for each deposit amount covered by the agreement;

(3)  the amount of the provision, including the encouragement bonus, for redeemable containers in which beer is sold, for each deposit amount covered by the agreement.

O.C. 1367-2023, s. 4.

CHAPTER II PROVISIONS APPLICABLE TO COMPENSATION

O.C. 1367-2023, c. II.

5. On the expiry of the time limit set out in the Regulation respecting compensation for municipal services provided to recover and reclaim residual materials (chapter Q-2, r. 10) for the last payment of the compensation owed for the year 2025 to the municipalities to which the Regulation applies, a body certified pursuant to subdivision 4.1 of Division VII of Chapter IV of Title I of the Environment Quality Act (chapter Q-2) that has paid all the amounts of compensation it had to pay pursuant to that subdivision must, if it still holds amounts collected under that subdivision, remit them not later than the thirtieth day following the last payment of compensation owed for the year 2025 to the management body designated pursuant to the Regulation respecting a system of selective collection of certain residual materials (chapter Q-2, r. 46.01).

Despite the first paragraph, the certified body is not required to pay to the designated management body the amounts collected pursuant to section 53.31.13 of the Environment Quality Act to indemnify it for the management and other costs referred to in that section.

O.C. 1367-2023, s. 5.

6. If a municipality has failed to send its declaration to the Société québécoise de recuperation et de recyclage before the time limit set out in the third paragraph of section 8.8.6 of the Regulation respecting compensation for municipal services provided to recover and reclaim residual materials (chapter Q-2, r. 10), the Société must, within 1 month, repay to the certified body that collected contributions pursuant to the first paragraph of section 53.31.13 of the Environment Quality Act (chapter Q-2) and paid them to the Société pursuant to the first paragraph of section 53.31.12 of that Act, the compensation that the latter was bound to pay on or before that date.

O.C. 1367-2023, s. 6.

CHAPTER III MISCELLANEOUS AND FINAL PROVISIONS

O.C. 1367-2023, c. III.

7. Every amount owed pursuant to this Regulation bears interest, from the 31st day following the date on which a notice of claim is served, at the rate provided for in the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002).

O.C. 1367-2023, s. 7.

8. (Omitted).

O.C. 1367-2023, s. 8.

REFERENCES

O.C. 1367-2023, 2023 G.O. 2, 2107