65. If, on 1 October 2023 or, as the case may be, 1 February 2025, the persons referred to in section 63 have still not succeeded in entering into a contract, the producer must, not later than beginning in the fifth week following either date, offer free of charge, to each establishment offering on-site consumption on whose behalf the group acts, that has consented and has not entered into a contract pursuant to section 63, and to the operator of each establishment offering on-site consumption acting individually, that has consented and has not entered into a contract pursuant to section 63, a collection service for redeemable containers, on the following conditions:(1) beginning in the fifth week following 1 October 2023 for the establishments offering on-site consumption referred to in the first paragraph of section 63: at least 1 collection per week;
(2) beginning in the fifth week following 1 February 2025 for the establishments offering on-site consumption referred to in the second paragraph of section 63: at least 2 collections per month;
(3) every collection must allow the establishment to return all the redeemable containers it has stored;
(4) the producer must provide the equipment and accessories needed to facilitate the collection of redeemable containers, including compactors, bins, crates or other types of recipients, and take the necessary steps to ensure that redeemable containers are emptied and sorted on site, if possible;
(5) the producer must refund the deposit for redeemable containers collected to the establishment concerned within a maximum of 7 consecutive business days following collection;
(6) if the refunding mode requires a digital readout application, the producer must assign an identification code to the establishment and provide it with a sufficient quantity of precoded labels or a device to allow the establishment to print its own labels;
(7) the producer must provide the establishment with a document showing the operation of the collection service, the redeemable containers targeted and the rules that must be observed in order to receive the service.
If, after 4 consecutive collections from an establishment offering on-site consumption carried out pursuant to the first paragraph, the producer observes that at each collection, the quantity of redeemable containers collected that are made of metal, plastic or fibre, including multilayer containers, is less than 750, or that the quantity of redeemable containers collected that are made of glass or another breakable material is less than 250, it may reduce the frequency of the collections agreed on with the establishment. However, when, for all such types of containers, the quantity of redeemable containers collected that are made of metal, plastic or fibre, including multilayer containers, is equal to or greater than 375 and the quantity of redeemable containers collected that are made of glass or another breakable material is equal to or greater than 125, the producer must maintain the frequency of the collections agreed on with the establishment.
972-2022O.C. 972-2022, s. 65; 1366-2023O.C. 1366-2023, s. 3412.