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

Section 64 Disposition versions

2023-08-30

64. If, on 1 July 2023 for the establishments referred to in the first paragraph of section 63 and 1 November 2024 for the establishments referred to in the second paragraph of section 63, a producer and a group of persons acting on behalf of a group of establishments offering on-site consumption or the operator of an establishment offering on-site consumption acting individually, have not succeeded in entering into a contract pursuant to section 63, or have not succeeded in agreeing on the elements that must be included in such a contract, they must, within 14 days after that date, submit the elements on which they disagree to a mediator who is accredited by a body recognized by the Minister of Justice and whose head office is located in Québec. The producer and the group of persons or the operator of establishment offering on-site consumption acting individually, pay the mediator’s fees in equal shares, along with the costs incurred by the mediator.

The Minister and the Société must be notified by the producer and by the group of persons or the operator of the establishment offering on-site consumption concerned, within the same 14-day time limit, of the elements of the dispute preventing them from entering into a contract and of the choice of a mediator.

The Minister and the Société must be notified in writing by the mediator, within 14 days following the end of the mediation process, of its total or partial success, its failure or the fact that the producer and the group of persons or the operator of the establishment offering on-site consumption concerned discontinued their application. They are also notified in writing, if the mediation was partially successful, of the elements on which the parties still disagree.

O.C. 972-2022, s. 64; O.C. 1366-2023, s. 33.

2022-07-07

64. If, at the end of the eleventh month following 7 July 2022, a producer and a group of persons acting on behalf of a group of establishments offering on-site consumption or, as the case may be, an establishment offering on-site consumption acting individually, have not succeeded in entering into a contract pursuant to section 63, or have not succeeded in agreeing on the elements that must be included in such a contract, they must, within 14 days after the time limit, submit the elements on which they disagree to a mediator who is accredited by a body recognized by the Minister of Justice and whose head office is located in Québec. The producer and the group of persons or, as the case may be, the establishment offering on-site consumption acting individually, pay the mediator’s fees in equal shares, along with the costs incurred by the mediator.

The Minister and the Société must be notified by the producer and by the group of persons or, as the case may be, the establishment offering on-site consumption concerned, within the same 14-day time limit, of the elements of the dispute preventing them from entering into a contract and of the choice of a mediator.

The Minister and the Société must be notified in writing by the mediator, within 14 days following the end of the mediation process, of its total or partial success, its failure or the fact that the producer and the group of persons or, as the case may be, the establishment offering on-site consumption concerned discontinued their application. They are also notified in writing, if the mediation was partially successful, of the elements on which the parties still disagree.

O.C. 972-2022, s. 64.

Not in force

In force: 2022-07-07

64. If, at the end of the eleventh month following 7 July 2022, a producer and a group of persons acting on behalf of a group of establishments offering on-site consumption or, as the case may be, an establishment offering on-site consumption acting individually, have not succeeded in entering into a contract pursuant to section 63, or have not succeeded in agreeing on the elements that must be included in such a contract, they must, within 14 days after the time limit, submit the elements on which they disagree to a mediator who is accredited by a body recognized by the Minister of Justice and whose head office is located in Québec. The producer and the group of persons or, as the case may be, the establishment offering on-site consumption acting individually, pay the mediator’s fees in equal shares, along with the costs incurred by the mediator.

The Minister and the Société must be notified by the producer and by the group of persons or, as the case may be, the establishment offering on-site consumption concerned, within the same 14-day time limit, of the elements of the dispute preventing them from entering into a contract and of the choice of a mediator.

The Minister and the Société must be notified in writing by the mediator, within 14 days following the end of the mediation process, of its total or partial success, its failure or the fact that the producer and the group of persons or, as the case may be, the establishment offering on-site consumption concerned discontinued their application. They are also notified in writing, if the mediation was partially successful, of the elements on which the parties still disagree.

O.C. 972-2022, s. 64.