Q-2, r. 41 - Regulation respecting the recovery and reclamation of discarded paint containers and paints

Updated to 1 September 2012

This document has official status.

chapter Q-2, r. 41

Regulation respecting the recovery and reclamation of discarded paint containers and paints

Environment Quality Act

(chapter Q-2, ss. 53.28, 53.30, 70.19 and 109.1).

Revoked, O.C. 597-2011, 2011 G.O. 2, 1369; eff. 2011-07-14.

The provisions of this Regulation continue to apply to enterprises that implement recovery programs under this Regulation until they develop recovery and reclamation programs in accordance with the Regulation respecting the recovery and reclamation of products by enterprises (chapter Q-2, r. 40.1).

1. The purpose of this Regulation is to reduce the quantity of residual materials to be eliminated by encouraging the recovery and reclamation of discarded paint containers and paints.

O.C. 655-2000, s. 1.

2. This Regulation applies to paints sold in retail outlets, excluding artist’s paints.

It also applies to paints sold in containers of less than 170 litres capacity on the wholesale market for the maintenance, protection or decoration of buildings or structures annexed to buildings.

For the purposes of this Regulation, “paints” includes stains, primers, varnishes, lacquers, wood or masonry treatment products, and any other similar mixture designed for maintenance, protection or decoration.

O.C. 655-2000, s. 2.

3. Every business that markets paints under a trademark which it owns or uses is required, through a recovery system that includes the minimum specifications described in the Schedule, to recover or to see to the recovery of the paint containers that are returned to the collection points provided for by that system and that are of the same type it markets. That business is also required to recover or to see to the recovery of any paint found in the containers insofar as that paint is of the same type it markets.

Where a business referred to in the first paragraph does not have a domicile or an establishment in Québec, the recovery obligation prescribed by that paragraph shall be the responsibility of the leading supplier of those paints in Québec, whether or not it is the importer.

O.C. 655-2000, s. 3.

4. A business or supplier subject to the recovery obligation prescribed by section 3 must take the appropriate measures to inform consumers of the existence and operation of the recovery system referred to in that section, particularly the accessibility of the collection points, as well as the environmental advantages resulting from the recovery and reclamation of discarded paint containers and paints. Those measures may include, in addition to holding information campaigns, providing consumers with information booklets.

O.C. 655-2000, s. 4.

5 . The recovery system prescribed by section 3 must ensure a minimum rate of recovery of paint containers that equals, in weight or volume, the following percentages, calculated on the basis of the paint containers marketed annually by the business or supplier:

— ­25%, as of 2002;

— 50%, as of 2005;

— 75%, as of 2008.

O.C. 655-2000, s. 5.

6. A business or supplier subject to the recovery obligation prescribed by section 3 is also required to reclaim or to see to the reclamation of any paint containers that it has recovered or has had recovered.

The business or supplier is also required to reclaim or to see to the reclamation of the recovered paints, insofar as their reclamation is technically possible and the costs associated with the reclamation do not put its competitiveness at risk.

O.C. 655-2000, s. 6.

7. The paint containers marketed by a business or supplier subject to the recovery obligation prescribed by section 3 must clearly display information on the recoverability of the discarded containers and paints.

O.C. 655-2000, s. 7.

8. Within 90 days of the date on which it becomes subject to the recovery obligation prescribed by section 3, a business or supplier is required to transmit to the Minister of Sustainable Development, Environment and Parks the following information:

(1)  its name, address and business number if it is registered in the enterprise register, as well as the names and addresses of its officers;

(2)  the territory where it markets its paints;

(3)  identification of the products marketed according to the types of containers or paints;

(4)  a description of the recovery system by which it recovers or sees to the recovery of the products in question, including the number, category and location of the collection points, the name and address of the person in charge of the system if that person is a third party, and the terms and conditions of transport, storage and processing of the recovered products, according to the different types of containers and paints;

(5)  a description of the information campaigns and other measures planned to promote the recovery of the products in question to consumers and to obtain their cooperation;

(6)  a description of the means used to reclaim the recovered products, including the reclamation methods, the name and address of the person in charge of the reclamation if that person is a third party, the efforts planned to develop the markets or techniques of reclamation or outlets for reclaimed products;

(7)  a description of the elimination methods planned for recovered paints that are not reclaimed, if any, indicating the name and address of the person in charge of the elimination if that person is a third party.

O.C. 655-2000, s. 8.

9. Not later than 31 March of each year, a business or supplier subject to the recovery obligation prescribed by section 3 must transmit to the Minister the following information for the preceding calendar year:

(1)  the quantities, in weight or volume, of each type of marketed container and paint that was recovered and then reclaimed or, if any, the quantities of paint eliminated due to the lack of reclamation alternatives, indicating the reclamation or elimination methods used;

(2)  the measures taken to promote the development of techniques for the reclamation of recovered paint containers and paints, particularly for the purposes of reuse and recycling, and the results of the research that was carried out;

(3)  a description of the information campaigns carried out and the other measures taken to promote the recovery and reclamation of discarded paint containers and paints;

(4)  the costs generated by the implementation of the recovery system and the reclamation methods, as well as those resulting from the carrying out of the information campaigns and other measures taken to promote the recovery and reclamation of the products in question;

(5)  an update, if applicable, of the information transmitted to the Minister pursuant to section 8.

The information referred to in subparagraphs 1, 2 and 4 of the first paragraph must be verified by a third party expert who shall certify that it is accurate. The certification must accompany the information transmitted to the Minister.

In addition, the business’ or supplier’s yearly data on the quantity of containers and paints marketed according to the different types of containers and paints must be made available to the Minister.

O.C. 655-2000, s. 9.

10. A business or supplier is exempt from the obligations prescribed in sections 3 to 9 if the business or supplier is a member of an organization

(1)  whose function or one of its functions is either to implement a recovery or a reclamation system for discarded paint containers or paints or to financially contribute to the implementation of such a system in accordance with the conditions determined in an agreement entered into under subparagraph 7 of the first paragraph of section 53.30 of the Environment Quality Act (chapter Q-2); and

(2)  whose name appears on a list published in the Gazette officielle du Québec pursuant to subparagraph 7 of the first paragraph of section 53.30 of that Act.

O.C. 655-2000, s. 10; S.Q. 2002, c. 59, s. 10.

11. Any offence against the provisions of sections 3 to 7 makes the offender liable

(1)  in the case of a natural person, to a fine from $2,000 to $25,000;

(2)  in the case of a legal person, to a fine from $5,000 to $250,000.

O.C. 655-2000, s. 11.

12. Every person who fails to communicate to the Minister any of the information prescribed by section 8 or 9, or who communicates false or inaccurate information, is liable

(1)  in the case of a natural person, to a fine from $1,000 to $10,000;

(2)  in the case of a legal person, to a fine from $2,000 to $50,000.

O.C. 655-2000, s. 12.

13. For any subsequent offence, the fines prescribed under sections 11 and 12 are doubled.

O.C. 655-2000, s. 13.

14. (Omitted).

O.C. 655-2000, s. 14.

SCHEDULE

(s. 3)

The recovery system referred to in section 3 must be established in a way that offers a recovery service to the residents of each metropolitan community or regional county municipality located south of the 51st parallel, excluding unorganized territories, in which the business or supplier markets paints.

The recovery system must include collection points where paint containers of the same type as those marketed by the business or supplier subject to this Regulation may be returned free of charge as well as any paint they may contain.

The minimum number of collection points that must be included in the recovery system as well as their category and their location are determined according to the option chosen by the business or supplier in question.

The categories of collection points for a recovery system are the following:

Category A: each collection point must have a permanent depot, accessible year round during business hours and for a period of at least 24 hours per week in which at least 6 of those hours are during the weekend.

Category B: each collection point must have a permanent depot or a mobile unit, accessible at least 10 days a year for at least 8 hours a day, including at least 1 day each season and at least half of those days must be a Saturday or a Sunday.

OPTIONS AVAILABLE TO A BUSINESS OR SUPPLIER

(number, category and location of collection points)

Option 1

For each sales point in a local municipality that sells paints under a trademark which is owned or used by a business or supplier in question, there must be at least one collection point located in the territory of the municipality. The category and the location of the collection points are determined according to the number of residents in the local municipality in question, in accordance with the requirements set out in the following table.

______________________________________________________

Local municipalities      Category and location of 
(population)              collection points
______________________________________________________

<15,000                   1 category A or B 
                          collection point located at 
                          each of the sales points or 
                          less than 20 km, by a road 
                          open year-round, from each
                          of the sales points.
______________________________________________________

≥15,000                   1 category A collection
                          point located at each of the
                          sales points or less than 
                          10 km, by a road open 
                          year-round, from each of the
                          sales points.
______________________________________________________            

Option 2

For each local municipality belonging to a metropolitan community or a regional county municipality for which a recovery system must be established, the number and category of collection points are determined according to the number of residents in the local municipality in question, in accordance with the requirements set out in the following table.

The collection points must be located in the territory of the local municipality except for those whose population is less than 5,000 residents; in such a case, the collection point may or may not be located in the territory of the local municipality, provided that it is located less than 50 km, by a road open year-round, from the town hall of that municipality.

_______________________________________________________

Local municipalities      Number and categories
(population)              of collection points
_______________________________________________________

≥100 and <5,000           1 Category A or B
                          collection point
_______________________________________________________

≥5,000 and <15,000        1 Category B
                          collection point
_______________________________________________________

≥15,000 and <30,000       1 Category A collection
                          point
_______________________________________________________

≥30,000 and <60,000       1 Category A collection
                          point and 1 Category B
                          collection point
_______________________________________________________

≥60,000                   2 Category A collection
                          points and:
                          - 1 Category A collection
                          point for every additional
                          40,000 residents or part
                          thereof, up to a total of
                          20 collection points; or
                          - 1 Category B collection
                          point for every additional
                          20,000 residents or part
                          thereof, up to a total of 30
                          collection points
_______________________________________________________            

O.C. 655-2000, Sch.

REFERENCES

O.C. 655-2000, 2000 G.O. 2, 2612

S.Q. 2002, c. 59, s. 10

S.Q. 2010, c. 40, s. 92