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

Section 11 Disposition versions

2023-08-30

11. Every producer must, to fulfill its obligation to develop, implement and finance a deposit-refund system and in connection with the charging and refunding of deposits, the return and management of redeemable containers, and the cost of developing, implementing and operating the system,

(1)  determine a mechanism for charging and refunding deposits, covering the aspects not provided for in this Regulation;

(2)  ensure the presence of return sites for redeemable containers throughout Québec, in accordance with the rules set out in sections 25 to 43, if applicable;

(3)  determine the places where the redeemable containers that are recovered may be sorted, conditioned and reclaimed;

(4)  take steps to allow the reclamation, preferably in Québec, of the redeemable containers that are recovered with the choice of reclamation process respecting, in order, reuse, conditioning to obtain a material for use as a substitute for raw materials of a similar nature, conditioning to obtain such a material for use as a substitute for raw materials of a different nature, conditioning to obtain a material for use for energy recovery, or another reclamation use of a redeemable container or such a material, unless

(a)  a life-cycle analysis, consistent with the applicable ISO standards and taking into account, in particular, resource sustainability and the externalities of various forms of reclamation for the redeemable containers that are recovered or the material obtained following their conditioning, shows that one form has an environmental advantage over another; or

(b)  the existing technology or applicable laws and regulations do not allow a form of reclamation to be used in the prescribed order;

(5)  take steps so that the disposal of a redeemable container or a material obtained following the conditioning of such a container is the last option chosen;

(6)  determine the costs involved in the development, implementation and operation of the deposit-refund system;

(7)  distribute the costs by type of redeemable container, taking into account, for each type, the cost of recovery, transportation, storage, sorting, conditioning and reclamation;

(8)  determine the financial contribution to be paid by producers for the cost of developing, implementing and operating the system;

(9)  ensure the collection of redeemable containers at return sites and in establishments offering on-site consumption with a capacity of 20 or more persons at a time or whose services include the supply of meals or snacks to 20 or more persons at time, and determine the terms and conditions applicable to the transportation, sorting and conditioning of those containers and, as the case may be, of the material obtained following their conditioning as far as their final destination;

(10)  ensure the traceability of the redeemable containers recovered and, as the case may be, of the material obtained following their conditioning;

(11)  determine the requirements that all service providers, including managers of return sites and subcontractors, must observe in managing the redeemable containers that are recovered;

(12)  ensure the presence of a research and development component on recovery, sorting, conditioning and reclamation techniques for the redeemable containers and, in the latter case, for the material obtained following their conditioning, and ensure the presence of such a component on the development of market outlets for those containers and material; and

(13)  take steps to ensure that the system is used only for redeemable containers in Québec.

The final destination of a redeemable container or of the material obtained following its conditioning is the place where it is

(1)  reused;

(2)  used as a substitute for raw materials of a similar or different nature;

(3)  used for energy recovery;

(4)  reclaimed otherwise than as provided for in subparagraphs 1 to 3; or

(5)  disposed of.

O.C. 972-2022, s. 11; O.C. 1366-2023, s. 3.

2022-07-07

11. Every producer must, to fulfill its obligation to develop, implement and finance a deposit-refund system and in connection with the charging and refunding of deposits, the return and management of redeemable containers, and the cost of developing, implementing and operating the system,

(1)  determine a mechanism for charging and refunding deposits, covering the aspects not provided for in this Regulation;

(2)  ensure the presence of return sites for redeemable containers throughout Québec, in accordance with the rules set out in sections 25 to 43, if applicable;

(3)  determine the places where the redeemable containers that are recovered may be sorted, conditioned and reclaimed;

(4)  take steps to allow the reclamation, preferably in Québec, of the redeemable containers that are recovered with the choice of reclamation process respecting, in order, reuse, conditioning to obtain a material for use as a substitute for raw materials of a similar nature, conditioning to obtain such a material for use as a substitute for raw materials of a different nature, conditioning to obtain a material for use for energy recovery, or another reclamation use of a redeemable container or such a material, unless

(a)  a life-cycle analysis, consistent with the applicable ISO standards and taking into account, in particular, resource sustainability and the externalities of various forms of reclamation for the redeemable containers that are recovered or the material obtained following their conditioning, shows that one form has an environmental advantage over another; or

(b)  the existing technology or applicable laws and regulations do not allow a form of reclamation to be used in the prescribed order;

(5)  take steps so that the disposal of a redeemable container or a material obtained following the conditioning of such a container is the last option chosen;

(6)  determine the costs involved in the development, implementation and operation of the deposit-refund system;

(7)  distribute the costs by type of redeemable container, taking into account, for each type, the cost of recovery, transportation, storage, sorting, conditioning and reclamation;

(8)  determine the financial contribution to be paid by producers for the cost of developing, implementing and operating the system;

(9)  ensure the collection of redeemable containers at return sites and in establishments offering on-site consumption, and determine the terms and conditions applicable to the transportation, sorting and conditioning of those containers and, as the case may be, of the material obtained following their conditioning as far as their final destination;

(10)  ensure the traceability of the redeemable containers recovered and, as the case may be, of the material obtained following their conditioning;

(11)  determine the requirements that all service providers, including managers of return sites and subcontractors, must observe in managing the redeemable containers that are recovered;

(12)  ensure the presence of a research and development component on recovery, sorting, conditioning and reclamation techniques for the redeemable containers and, in the latter case, for the material obtained following their conditioning, and ensure the presence of such a component on the development of market outlets for those containers and material; and

(13)  take steps to ensure that the system is used only for redeemable containers in Québec.

The final destination of a redeemable container or of the material obtained following its conditioning is the place where it is

(1)  reused;

(2)  used as a substitute for raw materials of a similar or different nature;

(3)  used for energy recovery;

(4)  reclaimed otherwise than as provided for in subparagraphs 1 to 3; or

(5)  disposed of.

O.C. 972-2022, s. 11.

Not in force

In force: 2022-07-07

11. Every producer must, to fulfill its obligation to develop, implement and finance a deposit-refund system and in connection with the charging and refunding of deposits, the return and management of redeemable containers, and the cost of developing, implementing and operating the system,

(1)  determine a mechanism for charging and refunding deposits, covering the aspects not provided for in this Regulation;

(2)  ensure the presence of return sites for redeemable containers throughout Québec, in accordance with the rules set out in sections 25 to 43, if applicable;

(3)  determine the places where the redeemable containers that are recovered may be sorted, conditioned and reclaimed;

(4)  take steps to allow the reclamation, preferably in Québec, of the redeemable containers that are recovered with the choice of reclamation process respecting, in order, reuse, conditioning to obtain a material for use as a substitute for raw materials of a similar nature, conditioning to obtain such a material for use as a substitute for raw materials of a different nature, conditioning to obtain a material for use for energy recovery, or another reclamation use of a redeemable container or such a material, unless

(a)  a life-cycle analysis, consistent with the applicable ISO standards and taking into account, in particular, resource sustainability and the externalities of various forms of reclamation for the redeemable containers that are recovered or the material obtained following their conditioning, shows that one form has an environmental advantage over another; or

(b)  the existing technology or applicable laws and regulations do not allow a form of reclamation to be used in the prescribed order;

(5)  take steps so that the disposal of a redeemable container or a material obtained following the conditioning of such a container is the last option chosen;

(6)  determine the costs involved in the development, implementation and operation of the deposit-refund system;

(7)  distribute the costs by type of redeemable container, taking into account, for each type, the cost of recovery, transportation, storage, sorting, conditioning and reclamation;

(8)  determine the financial contribution to be paid by producers for the cost of developing, implementing and operating the system;

(9)  ensure the collection of redeemable containers at return sites and in establishments offering on-site consumption, and determine the terms and conditions applicable to the transportation, sorting and conditioning of those containers and, as the case may be, of the material obtained following their conditioning as far as their final destination;

(10)  ensure the traceability of the redeemable containers recovered and, as the case may be, of the material obtained following their conditioning;

(11)  determine the requirements that all service providers, including managers of return sites and subcontractors, must observe in managing the redeemable containers that are recovered;

(12)  ensure the presence of a research and development component on recovery, sorting, conditioning and reclamation techniques for the redeemable containers and, in the latter case, for the material obtained following their conditioning, and ensure the presence of such a component on the development of market outlets for those containers and material; and

(13)  take steps to ensure that the system is used only for redeemable containers in Québec.

The final destination of a redeemable container or of the material obtained following its conditioning is the place where it is

(1)  reused;

(2)  used as a substitute for raw materials of a similar or different nature;

(3)  used for energy recovery;

(4)  reclaimed otherwise than as provided for in subparagraphs 1 to 3; or

(5)  disposed of.

O.C. 972-2022, s. 11.