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

Section 92 Disposition versions

2023-08-30

92. The management body designated by the Société must, within 3 months following its designation, ensure

(1)  that its board of directors has at least 10 directors and that at least two thirds of its directors are producers that have a domicile or establishment in Québec;

(1.1)  that the natural person representing a producer on the board of directors is active mainly in Québec and is employed by the producer;

(2)  that a producer is entitled to only one seat on the board of directors;

(3)  that the number of directors on its board of directors ensures a fair representation of all the categories of producers referred to in subparagraphs 3 and 4 of the first paragraph of section 73. Their representation must be proportionate to the quantity and type of redeemable containers used by the producers to commercialize, market or otherwise distribute products in Québec, in each category, and to the types and quantities of materials used to manufacture such containers;

(4)  that each director on the board of directors who is not a producer has experience in the field of deposits; and

(5)  that at least 3 directors on the board of directors are minor contributors while at least 4 are medium contributors.

The designated management body must also implement measures, within the time limit set out in the first paragraph, to ensure that data gathered for the development, implementation and operation of the system of selective collection are used in accordance with the applicable laws and regulations and that the measures ensure protection for the personal and confidential information of its members.

O.C. 972-2022, s. 92; O.C. 1366-2023, s. 43.

2022-07-07

92. The management body designated by the Société must, within 3 months following its designation, ensure

(1)  that its board of directors has at least 10 directors and that at least two thirds of its directors are representatives of producers that have a domicile or establishment in Québec;

(2)  that a producer is entitled to only one seat on the board of directors;

(3)  that the number of directors on its board of directors ensures a fair representation of all the categories of producers referred to in subparagraphs 3 and 4 of the first paragraph of section 73. Their representation must be proportionate to the quantity and type of containers commercialized, marketed or otherwise distributed in Québec by the producers in each sector and to the types and quantities of materials used to manufacture such containers;

(4)  that each director on the board of directors who is not a producer has experience in the field of deposits; and

(5)  that at least 3 directors on the board of directors are minor contributors while at least 4 are medium contributors.

The designated management body must also implement measures, within the time limit set out in the first paragraph, to ensure that data gathered for the development, implementation and operation of the system of selective collection are used in accordance with the applicable laws and regulations and that the measures ensure protection for the personal and confidential information of its members.

O.C. 972-2022, s. 92.

Not in force

In force: 2022-07-07

92. The management body designated by the Société must, within 3 months following its designation, ensure

(1)  that its board of directors has at least 10 directors and that at least two thirds of its directors are representatives of producers that have a domicile or establishment in Québec;

(2)  that a producer is entitled to only one seat on the board of directors;

(3)  that the number of directors on its board of directors ensures a fair representation of all the categories of producers referred to in subparagraphs 3 and 4 of the first paragraph of section 73. Their representation must be proportionate to the quantity and type of containers commercialized, marketed or otherwise distributed in Québec by the producers in each sector and to the types and quantities of materials used to manufacture such containers;

(4)  that each director on the board of directors who is not a producer has experience in the field of deposits; and

(5)  that at least 3 directors on the board of directors are minor contributors while at least 4 are medium contributors.

The designated management body must also implement measures, within the time limit set out in the first paragraph, to ensure that data gathered for the development, implementation and operation of the system of selective collection are used in accordance with the applicable laws and regulations and that the measures ensure protection for the personal and confidential information of its members.

O.C. 972-2022, s. 92.