Q-2, r. 16.1 - Regulation respecting the development, implementation and financial support of a deposit-refund system for certain containers

Section 183 Disposition versions

2023-08-30

183. Every person who

(1)  fails to comply with the requirements of section 9, section 18, the second, third or fourth paragraph of section 19, section 95 or section 98,

(2)  modifies or specifies a deposit amount without having obtained the Minister’s approval, in contravention of the first paragraph of section 20,

(3)  fails to pay the deposit for a redeemable container, in contravention of the first paragraph of section 23,

(4)  fails to reimburse a deposit in full, in contravention with the first or second paragraph of section 24, or fails to do so in compliance with the conditions set out in the second paragraph of that section,

(5)  fails to comply with the requirements of section 25, 27, 33, 36, 39 or 42,

(6)  fails to send the plan provided for in section 43 or sends a plan that does not cover all the measures listed in that section or fails to send it within the time limit specified,

(7)  offers to accept and refund a redeemable container without complying with the provisions of sections 25 to 40, in contravention of the first paragraph of section 46,

(8)  fails to ensure that a return site is installed for each establishment referred to in section 45, in contravention of the second paragraph of section 46,

(9)  enters into a contract that does not contain all the elements provided for in section 47, the second paragraph of section 57, section 63 or section 69 or an agreement that does not contain all the elements provided for in sections 143 and 144,

(10)  fails to enter into a mediation process, in contravention of the first paragraph of section 50, the first paragraph of section 58, the first paragraph of section 64 or the first paragraph of section 146 or to enter into the process within the time limit specified,

(11)  fails to provide the information and documents required pursuant to the third paragraph of section 51, the first paragraph of section 54.1 or the first paragraph of section 141 or fails to provide them within the time limit specified,

(12)  fails to offer to install return sites for redeemable containers in contravention of the first paragraph of section 57,

(13)  fails to comply with the obligations set out in section 62,

(14)  fails to offer a collection service, in contravention of section 65, or offers it without complying with the conditions in that section,

(15)  fails to take into account the elements provided for in the first paragraph of section 68 when selecting a service provider,

(16)  fails to facilitate participation by social economy enterprises when selecting a service provider, in contravention of the second paragraph of section 68,

(17)  except in the case provided for in section 77, designates a management body without complying with the conditions in the first paragraph of section 71,

(18)  except in the case provided for in section 77, designates a management body despite the fact that it does not meet the requirements of section 73 or the requirements of section 74,

(19)  designates a management body pursuant to section 76 without complying with the requirement provided for,

(20)  designates a management body without obtaining its agreement, in contravention of the second paragraph of section 77 or the second paragraph of section 88,

(21)  fails to send to the Minister the results provided for in section 80,

(22)  fails to ensure compliance with the requirements of the first paragraph of section 92,

(23)  fails to pay the sums provided for in the third paragraph of section 94 within the time limit specified,

(24)  fails to make the payment provided for in section 97 at the time determined by the designated management body,

(24.1)  fails to send a change to remediation plan or fails to send it within the time prescribed in section 113,

(25)  fails to make the payment provided for in in the first paragraph of section 116,

(26)  fails to keep the register provided for in section 126,

(27)  fails to provide the designated management body with the information provided for in section 139,

(28)  fails to take the steps referred to in section 142,

(29)  fails to perform the characterizations provided for in the first paragraph of section 145 or fails to perform them at the required times,

(30)  fails to comply with the requirements provided for in the second, third, fourth or fifth paragraph of section 145 when performing a characterization,

(31)  fails to comply with all the clauses of a contract entered into pursuant to this Regulation to which the person is a party, in contravention of section 187,

is liable, in the case of a natural person, to a fine of $5,000 to $500,000 or, in other cases, to a fine of $15,000 to $3,000,000.

O.C. 972-2022, s. 183; O.C. 1366-2023, s. 83.

2022-07-07

183. Every person who

(1)  fails to comply with the requirements of section 9, section 18, the second, third or fourth paragraph of section 19, section 95 or section 98,

(2)  modifies or specifies a deposit amount without having obtained the Minister’s approval, in contravention of the first paragraph of section 20,

(3)  fails to pay the deposit for a container, in contravention of section 23,

(4)  fails to reimburse a deposit in full, in contravention with the first or second paragraph of section 24, or fails to do so in compliance with the conditions set out in the second paragraph of that section,

(5)  fails to comply with the requirements of section 25, 27, 33, 36, 39 or 42,

(6)  fails to send the plan provided for in section 43 or sends a plan that does not cover all the measures listed in that section or fails to send it within the time limit specified,

(7)  offers to accept and refund a redeemable container without complying with the provisions of sections 25 to 40, in contravention of the first paragraph of section 46,

(8)  fails to ensure that a return site is installed for each establishment referred to in section 45, in contravention of the second paragraph of section 46,

(9)  enters into a contract that does not contain all the elements provided for in section 47, the second paragraph of section 57, section 63 or section 69 or an agreement that does not contain all the elements provided for in sections 143 and 144,

(10)  fails to enter into a mediation process, in contravention of the first paragraph of section 50, the first paragraph of section 58, the first paragraph of section 64 or the first paragraph of section 146 or to enter into the process within the time limit specified,

(11)  fails to provide the information and documents required pursuant to the third paragraph of section 51 or the first paragraph of section 141 or fails to provide them within the time limit specified,

(12)  fails to offer to install return sites for redeemable containers in contravention of the first paragraph of section 57,

(13)  fails to comply with the obligations set out in section 62,

(14)  fails to offer a collection service, in contravention of section 65, or offers it without complying with the conditions in that section,

(15)  fails to take into account the elements provided for in the first paragraph of section 68 when selecting a service provider,

(16)  fails to facilitate participation by social economy enterprises when selecting a service provider, in contravention of the second paragraph of section 68,

(17)  except in the case provided for in section 77, designates a management body without complying with the conditions in the first paragraph of section 71,

(18)  except in the case provided for in section 77, designates a management body despite the fact that it does not meet the requirements of section 73 or the requirements of section 74,

(19)  designates a management body pursuant to section 76 without complying with the requirement provided for,

(20)  designates a management body without obtaining its agreement, in contravention of the second paragraph of section 77 or the second paragraph of section 88,

(21)  fails to send to the Minister the results provided for in section 80,

(22)  fails to ensure compliance with the requirements of the first paragraph of section 92,

(23)  fails to pay the sums provided for in the third paragraph of section 94 within the time limit specified,

(24)  fails to make the payment provided for in section 97 at the time determined by the designated management body,

(25)  fails to make the payment provided for in in the first paragraph of section 116,

(26)  fails to keep the register provided for in section 126,

(27)  fails to provide the designated management body with the information provided for in section 139,

(28)  fails to take the steps referred to in section 142,

(29)  fails to perform the characterizations provided for in the first paragraph of section 145 or fails to perform them at the required times,

(30)  fails to comply with the requirements provided for in the second, third, fourth or fifth paragraph of section 145 when performing a characterization,

(31)  fails to comply with all the clauses of a contract entered into pursuant to this Regulation to which the person is a party, in contravention of section 187,

is liable, in the case of a natural person, to a fine of $5,000 to $500,000 or, in other cases, to a fine of $15,000 to $3,000,000.

O.C. 972-2022, s. 183.

Not in force

In force: 2022-07-07

183. Every person who

(1)  fails to comply with the requirements of section 9, section 18, the second, third or fourth paragraph of section 19, section 95 or section 98,

(2)  modifies or specifies a deposit amount without having obtained the Minister’s approval, in contravention of the first paragraph of section 20,

(3)  fails to pay the deposit for a container, in contravention of section 23,

(4)  fails to reimburse a deposit in full, in contravention with the first or second paragraph of section 24, or fails to do so in compliance with the conditions set out in the second paragraph of that section,

(5)  fails to comply with the requirements of section 25, 27, 33, 36, 39 or 42,

(6)  fails to send the plan provided for in section 43 or sends a plan that does not cover all the measures listed in that section or fails to send it within the time limit specified,

(7)  offers to accept and refund a redeemable container without complying with the provisions of sections 25 to 40, in contravention of the first paragraph of section 46,

(8)  fails to ensure that a return site is installed for each establishment referred to in section 45, in contravention of the second paragraph of section 46,

(9)  enters into a contract that does not contain all the elements provided for in section 47, the second paragraph of section 57, section 63 or section 69 or an agreement that does not contain all the elements provided for in sections 143 and 144,

(10)  fails to enter into a mediation process, in contravention of the first paragraph of section 50, the first paragraph of section 58, the first paragraph of section 64 or the first paragraph of section 146 or to enter into the process within the time limit specified,

(11)  fails to provide the information and documents required pursuant to the third paragraph of section 51 or the first paragraph of section 141 or fails to provide them within the time limit specified,

(12)  fails to offer to install return sites for redeemable containers in contravention of the first paragraph of section 57,

(13)  fails to comply with the obligations set out in section 62,

(14)  fails to offer a collection service, in contravention of section 65, or offers it without complying with the conditions in that section,

(15)  fails to take into account the elements provided for in the first paragraph of section 68 when selecting a service provider,

(16)  fails to facilitate participation by social economy enterprises when selecting a service provider, in contravention of the second paragraph of section 68,

(17)  except in the case provided for in section 77, designates a management body without complying with the conditions in the first paragraph of section 71,

(18)  except in the case provided for in section 77, designates a management body despite the fact that it does not meet the requirements of section 73 or the requirements of section 74,

(19)  designates a management body pursuant to section 76 without complying with the requirement provided for,

(20)  designates a management body without obtaining its agreement, in contravention of the second paragraph of section 77 or the second paragraph of section 88,

(21)  fails to send to the Minister the results provided for in section 80,

(22)  fails to ensure compliance with the requirements of the first paragraph of section 92,

(23)  fails to pay the sums provided for in the third paragraph of section 94 within the time limit specified,

(24)  fails to make the payment provided for in section 97 at the time determined by the designated management body,

(25)  fails to make the payment provided for in in the first paragraph of section 116,

(26)  fails to keep the register provided for in section 126,

(27)  fails to provide the designated management body with the information provided for in section 139,

(28)  fails to take the steps referred to in section 142,

(29)  fails to perform the characterizations provided for in the first paragraph of section 145 or fails to perform them at the required times,

(30)  fails to comply with the requirements provided for in the second, third, fourth or fifth paragraph of section 145 when performing a characterization,

(31)  fails to comply with all the clauses of a contract entered into pursuant to this Regulation to which the person is a party, in contravention of section 187,

is liable, in the case of a natural person, to a fine of $5,000 to $500,000 or, in other cases, to a fine of $15,000 to $3,000,000.

O.C. 972-2022, s. 183.