Consolidated Statutes and Regulations
Consolidated Statutes
Consolidated Regulations
Annual Statutes and Regulations
Annual Statutes
Annual Regulations
Additional information
Québec Official Publisher
What’s new?
Information note
Policy of the Minister of Justice
Laws: Amendments
Laws: Provisions not in force
Laws: Provisions brought into force
Annual Statutes: PDF versions since 1996
Regulations: Amendments
Annual Regulations: PDF versions since 1996
Court Decisions
Q-2, r. 10 - Regulation respecting compensation for municipal services provided to recover and reclaim residual materials
Section 3
Disposition versions
3. The owner or, as the case may be, user of a name or trademark that has a domicile or establishment in Québec may be required to pay a contribution pursuant to a schedule of contributions established under section 53.31.14 of the Act in respect of
(1) containers and packaging used in the commercialization, marketing or any other type of distribution in Québec of a product or a service under that name or trademark; and
(2) containers and packaging identified by that name or trademark.
The requirement provided for in the first paragraph is incumbent on a person that has a domicile or establishment in Québec and that acts as the first supplier, other than the manufacturer of a product or containers and packaging of which the person that is the owner or user of the name of trademark has no domicile or establishment in Québec.
Where the first supplier in Québec is the operator of an establishment supplied or operated as a franchise or a chain, under a banner name, or as part of another similar form of affiliation or group of businesses or establishments, the payment is required from the franchisor or owner of the chain, banner or group concerned having a domicile or establishment in Québec. If the franchisor or owner has no domicile or establishment in Québec, the person having a domicile or establishment in Québec who acts as the first supplier in Québec of the products or of the containers and packaging, other than the manufacturer, is required to pay the contributions.
For the purposes of this section,
“trademark” means a sign or combination of signs used by a person for the purpose of distinguishing or so as to distinguish products manufactured, sold, leased or hired, or services hired or performed, by the person from those manufactured, sold, leased or hired, or those hired or performed, by others, but does not include a certification mark within the meaning of section 2 of the Trademarks Act (R.S.C. 1985, c. T-13);
“name” means the name under which any business is carried on, whether or not it is the name of a legal person, a partnership or an individual.
3. The owner of a brand, a name or a distinguishing guise may be required to pay a contribution pursuant to a schedule of contributions established under section 53.31.14 of the Act in respect of
(1) containers and packaging used in the commercialization, marketing or any other type of distribution in Québec of a product or a service under that brand, name or distinguishing guise; and
(2) containers and packaging identified by that brand, name or distinguishing guise.
The requirement provided for in the first paragraph is incumbent on the first supplier in Québec, other than the manufacturer and whether or not that supplier is the importer,
(1) of a product or containers and packaging of which the owner of the brand, name or distinguishing guise has no domicile or establishment in Québec; or
(2) of a product or containers and packaging of which the owner of the brand, name or distinguishing guise has a domicile or establishment in Québec but commercializes, markets or otherwise distributes the product or containers and packaging outside Québec, which are then commercialized, marketed or otherwise distributed in Québec.
Where the first supplier in Québec is the operator of an establishment supplied or operated as a franchise or a chain, under a banner name, or as part of another similar form of affiliation or group of businesses or establishments, the payment is required from the franchisor or owner of the chain, banner or group concerned having a domicile or establishment in Québec. If the franchisor or owner has no domicile or establishment in Québec, the first supplier in Québec of the products or of the containers and packaging, other than the manufacturer, is required to pay the contributions, whether or not that supplier is the importer.
For the purposes of this section,
— “brand” means a mark that is used by a person for the purpose of distinguishing or so as to distinguish products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others, but does not include a certification mark within the meaning of section 2 of the Trade-marks Act (R.S.C. 1985, c. T-13);
— “distinguishing guise” means the shaping of containers or packaging, the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others;
— “name” means the name under which any business is carried on, whether or not it is the name of a legal person, a partnership or an individual.
3. The owner of a brand, a name or a distinguishing guise may be required to pay a contribution pursuant to a schedule of contributions established under section 53.31.14 of the Act in respect of
(1) containers and packaging used in the commercialization or marketing in Québec of a product or a service under that brand, name or distinguishing guise; and
(2) containers and packaging identified by that brand, name or distinguishing guise.
If the owner referred to in the first paragraph has no domicile or establishment in Québec, the first supplier in Québec of the products or of the containers and packaging, other than the manufacturer, may be required to pay the contribution, whether or not that supplier is the importer.
Where the first supplier in Québec is the operator of a retail outlet supplied or operated as a franchise or a chain, under a banner name, or as part of another similar form of affiliation or group of businesses or establishments, the payment may be required from the franchisor, owner of the chain, banner or group concerned or if the franchisor, owner of the chain, banner or group has no domicile or establishment in Québec, their representative in Québec.
For the purposes of this section,
— “brand” means a mark that is used by a person for the purpose of distinguishing or so as to distinguish products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others, but does not include a certification mark within the meaning of section 2 of the Trade-marks Act (R.S.C. 1985, c. T-13);
— “distinguishing guise” means the shaping of containers or packaging, the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others;
— “name” means the name under which any business is carried on, whether or not it is the name of a legal person, a partnership or an individual.
3. Only the owner of a brand, a name or a distinguishing guise may be required to pay a contribution pursuant to a schedule of contributions established under section 53.31.14 of the Act in respect of
(1) containers and packaging used in the commercialization or marketing in Québec of a product or a service under that brand, name or distinguishing guise; and
(2) containers and packaging identified by that brand, name or distinguishing guise.
If the owner referred to in the first paragraph has no domicile or establishment in Québec, the first supplier in Québec of the products or of the containers and packaging, other than the manufacturer, may be required to pay the contribution, whether or not that supplier is the importer.
Where the first supplier in Québec is the operator of a retail outlet supplied or operated as a franchise or a chain, under a banner name, or as part of another similar form of affiliation or group of businesses or establishments, the payment may be required from the franchisor, owner of the chain, banner or group concerned or if the franchisor, owner of the chain, banner or group has no domicile or establishment in Québec, their representative in Québec.
For the purposes of this section,
— “brand” means a mark that is used by a person for the purpose of distinguishing or so as to distinguish products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others, but does not include a certification mark within the meaning of section 2 of the Trade-marks Act (R.S.C. 1985, c. T-13);
— “distinguishing guise” means the shaping of containers or packaging, the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others;
— “name” means the name under which any business is carried on, whether or not it is the name of a legal person, a partnership or an individual.
3. Only the owner of a brand, a name or a distinguishing guise may be required to pay a contribution pursuant to a schedule of contributions established under section 53.31.14 of the Act in respect of
(1) containers and packaging used in the commercialization or marketing in Québec of a product or a service under that brand, name or distinguishing guise; and
(2) containers and packaging identified by that brand, name or distinguishing guise.
If the owner referred to in the first paragraph has no domicile or establishment in Québec, the first supplier in Québec of the products or of the containers and packaging, other than the manufacturer, may be required to pay the contribution, whether or not that supplier is the importer.
For the purposes of this section,
— “brand” means a mark that is used by a person for the purpose of distinguishing or so as to distinguish products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others, but does not include a certification mark within the meaning of section 2 of the Trade-marks Act (R.S.C. 1985, c. T-13);
— “distinguishing guise” means the shaping of containers or packaging, the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others;
— “name” means the name under which any business is carried on, whether or not it is the name of a legal person, a partnership or an individual.
