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

Section 47 Disposition versions

2023-08-30

47. From 1 November 2022, every producer must take steps to enter into a contract with every retailer which, once signed, must specify

(1)  the location, number, type and layout of the return sites that will be installed;

(2)  whether it is the producer or the retailer who is responsible for installing and managing the return sites;

(3)  the terms and conditions applicable to the access to the return sites and the parking spaces available close to the sites;

(4)  the types of devices and other equipment that will be installed for the return of redeemable containers and the person responsible for their purchase or leasing and their maintenance and replacement;

(5)  the terms and conditions applicable to the maintenance and replacement of the devices and other pieces of equipment installed;

(6)  if applicable, the number of redeemable containers that it will be possible to return at each visit;

(7)  if the installation of a bulk return point is planned, the types of recipients that may be used to return redeemable containers;

(8)  the terms and conditions applicable to the storing the redeemable containers returned;

(9)  the mode or modes for refunding deposits that will be offered;

(10)  the terms and conditions applicable to client service for the return sites;

(11)  the terms and conditions applicable to the refunding to the manager of a return site the deposit that the manager has refunded for the return of redeemable containers;

(12)  the management process for the redeemable containers rejected by a device;

(13)  the management process for containers that are non-returnable and for the recipients used to transport redeemable or non-returnable containers that are abandoned in a return site, until a system harmonization agreement is entered into pursuant to section 142 or an arbitration award is rendered pursuant to Division II of Chapter IV;

(14)  the terms and conditions applicable for collecting redeemable containers and containers that are non-refundable and recipients referred to in subparagraph 13 from the return sites, including the frequency of collection, until, in the case of non-returnable the containers and recipients referred to in subparagraph 13, a system harmonization agreement is entered into pursuant to section 142 or an arbitration award is rendered pursuant to Division II of Chapter IV;

(15)  the costs relating to

(a)  the installation and operational and financial management of the return sites;

(b)  modifications to an existing establishment to allow the installation of a return site;

(c)  the purchase or leasing of the devices that will be installed in a return site;

(d)  the maintenance and replacement of the devices; and

(e)  training for the personnel members responsible for client services and the handling of containers, on deposit or not, as well as recipients used to transport those containers for their collection from a return site;

(16)  the sharing of responsibilities with respect to the costs referred to in subparagraph 15;

(17)  if a single return site is installed for more than one establishment, the responsibilities of each retailer operating one or more establishments with respect to the elements in subparagraphs 1 to 16;

(18)  the information and documents that must be submitted to the producer, and the frequency and mode of submission;

(19)  a schedule for the implementation of the obligations set out in the contract;

(20)  the duration of the contract;

(21)  the terms and conditions applicable for modifying, cancelling and renewing the contract; and

(22)  the dispute resolution method.

In the cases referred to in subparagraphs 13 and 14 of the first paragraph, the producer and the retailer must attempt to agree, within 3 months from the date of the signing of a system harmonization agreement or an arbitration award, on the terms and conditions applicable to the elements listed in those subparagraphs, if the elements are covered by the agreement or the arbitration award and the producer and the retailer do not comply with what is provided for in their respect in the agreement or award. If they agree on the terms and conditions, they must sign an agreement, which becomes an integral part of the contract entered into pursuant to the first paragraph as of the date on which the contract is signed.

If the producer and the retailer do not agree on the elements listed in subparagraphs 13 and 14 of the first paragraph at the end of the 3-month period provided for in the second paragraph, section 50 applies, with the necessary modifications.

At the end of the 3-month period following the mediation provided for in section 50, if the parties still do not agree, the Société determines, within 30 days after that time limit, the obligations of the producer and the retailer with respect to the elements listed in subparagraphs 13 and 14 of the first paragraph.

O.C. 972-2022, s. 47; O.C. 1366-2023, s. 19.

2022-07-07

47. From the fourth month following 7 July 2022, every producer must take steps to enter into a contract with every retailer which, once signed, must specify

(1)  the location, number, type and layout of the return sites that will be installed;

(2)  whether it is the producer or the retailer who is responsible for installing and managing the return sites;

(3)  the terms and conditions applicable to the access to the return sites and the parking spaces available close to the sites;

(4)  the types of devices and other equipment that will be installed for the return of redeemable containers and the person responsible for their purchase or leasing and their maintenance and replacement;

(5)  the terms and conditions applicable to the maintenance and replacement of the devices and other pieces of equipment installed;

(6)  if applicable, the number of redeemable containers that it will be possible to return at each visit;

(7)  if the installation of a bulk return point is planned, the types of recipients that may be used to return redeemable containers;

(8)  the terms and conditions applicable to the storing the containers returned;

(9)  the mode or modes for refunding deposits that will be offered;

(10)  the terms and conditions applicable to client service for the return sites;

(11)  the terms and conditions applicable to the refunding to the manager of a return site the deposit that the manager has refunded for the return of redeemable containers;

(12)  the management process for the redeemable containers rejected by a device;

(13)  the management process for containers that are non-returnable and for the recipients used to transport containers that are abandoned in a return site, until a system harmonization agreement is entered into pursuant to section 142 or an arbitration award is rendered pursuant to Division II of Chapter IV;

(14)  the terms and conditions applicable for collecting redeemable containers and containers that are non-refundable and recipients referred to in subparagraph 13 from the return sites, including the frequency of collection, until, in the case of the containers and recipients referred to in subparagraph 13, a system harmonization agreement is entered into pursuant to section 142 or an arbitration award is rendered pursuant to Division II of Chapter IV;

(15)  the costs relating to

(a)  the installation and operational and financial management of the return sites;

(b)  modifications to an existing establishment to allow the installation of a return site;

(c)  the purchase or leasing of the devices that will be installed in a return site;

(d)  the maintenance and replacement of the devices; and

(e)  training for the personnel members responsible for client services and the handling of containers, on deposit or not, as well as recipients used to transport those containers for their collection from a return site;

(16)  the sharing of responsibilities with respect to the costs referred to in subparagraph 15;

(17)  if a single return site is installed for more than one establishment, the responsibilities of each retailer operating one or more establishments with respect to the elements in subparagraphs 1 to 16;

(18)  the information and documents that must be submitted to the producer, and the frequency and mode of submission;

(19)  a schedule for the implementation of the obligations set out in the contract;

(20)  the duration of the contract;

(21)  the terms and conditions applicable for modifying, cancelling and renewing the contract; and

(22)  the dispute resolution method.

In the cases referred to in subparagraphs 13 and 14 of the first paragraph, the producer and the retailer must attempt to agree, within 3 months from the date of the signing of a system harmonization agreement or an arbitration award, on the terms and conditions applicable to the elements listed in those subparagraphs, if the elements are covered by the agreement or the arbitration award and the producer and the retailer do not comply with what is provided for in their respect in the agreement or award. If they agree on the terms and conditions, they must sign an agreement, which becomes an integral part of the contract entered into pursuant to the first paragraph as of the date on which the contract is signed.

If the producer and the retailer do not agree on the elements listed in subparagraphs 13 and 14 of the first paragraph at the end of the 3-month period provided for in the second paragraph, section 50 applies, with the necessary modifications.

At the end of the 3-month period following the mediation provided for in section 50, if the parties still do not agree, the Société determines, within 30 days after that time limit, the obligations of the producer and the retailer with respect to the elements listed in subparagraphs 13 and 14 of the first paragraph.

O.C. 972-2022, s. 47.

Not in force

In force: 2022-07-07

47. From the fourth month following 7 July 2022, every producer must take steps to enter into a contract with every retailer which, once signed, must specify

(1)  the location, number, type and layout of the return sites that will be installed;

(2)  whether it is the producer or the retailer who is responsible for installing and managing the return sites;

(3)  the terms and conditions applicable to the access to the return sites and the parking spaces available close to the sites;

(4)  the types of devices and other equipment that will be installed for the return of redeemable containers and the person responsible for their purchase or leasing and their maintenance and replacement;

(5)  the terms and conditions applicable to the maintenance and replacement of the devices and other pieces of equipment installed;

(6)  if applicable, the number of redeemable containers that it will be possible to return at each visit;

(7)  if the installation of a bulk return point is planned, the types of recipients that may be used to return redeemable containers;

(8)  the terms and conditions applicable to the storing the containers returned;

(9)  the mode or modes for refunding deposits that will be offered;

(10)  the terms and conditions applicable to client service for the return sites;

(11)  the terms and conditions applicable to the refunding to the manager of a return site the deposit that the manager has refunded for the return of redeemable containers;

(12)  the management process for the redeemable containers rejected by a device;

(13)  the management process for containers that are non-returnable and for the recipients used to transport containers that are abandoned in a return site, until a system harmonization agreement is entered into pursuant to section 142 or an arbitration award is rendered pursuant to Division II of Chapter IV;

(14)  the terms and conditions applicable for collecting redeemable containers and containers that are non-refundable and recipients referred to in subparagraph 13 from the return sites, including the frequency of collection, until, in the case of the containers and recipients referred to in subparagraph 13, a system harmonization agreement is entered into pursuant to section 142 or an arbitration award is rendered pursuant to Division II of Chapter IV;

(15)  the costs relating to

(a)  the installation and operational and financial management of the return sites;

(b)  modifications to an existing establishment to allow the installation of a return site;

(c)  the purchase or leasing of the devices that will be installed in a return site;

(d)  the maintenance and replacement of the devices; and

(e)  training for the personnel members responsible for client services and the handling of containers, on deposit or not, as well as recipients used to transport those containers for their collection from a return site;

(16)  the sharing of responsibilities with respect to the costs referred to in subparagraph 15;

(17)  if a single return site is installed for more than one establishment, the responsibilities of each retailer operating one or more establishments with respect to the elements in subparagraphs 1 to 16;

(18)  the information and documents that must be submitted to the producer, and the frequency and mode of submission;

(19)  a schedule for the implementation of the obligations set out in the contract;

(20)  the duration of the contract;

(21)  the terms and conditions applicable for modifying, cancelling and renewing the contract; and

(22)  the dispute resolution method.

In the cases referred to in subparagraphs 13 and 14 of the first paragraph, the producer and the retailer must attempt to agree, within 3 months from the date of the signing of a system harmonization agreement or an arbitration award, on the terms and conditions applicable to the elements listed in those subparagraphs, if the elements are covered by the agreement or the arbitration award and the producer and the retailer do not comply with what is provided for in their respect in the agreement or award. If they agree on the terms and conditions, they must sign an agreement, which becomes an integral part of the contract entered into pursuant to the first paragraph as of the date on which the contract is signed.

If the producer and the retailer do not agree on the elements listed in subparagraphs 13 and 14 of the first paragraph at the end of the 3-month period provided for in the second paragraph, section 50 applies, with the necessary modifications.

At the end of the 3-month period following the mediation provided for in section 50, if the parties still do not agree, the Société determines, within 30 days after that time limit, the obligations of the producer and the retailer with respect to the elements listed in subparagraphs 13 and 14 of the first paragraph.

O.C. 972-2022, s. 47.