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

Section 95 Disposition versions

2023-08-30

95. The contribution a producer is required to pay pursuant to the third paragraph of section 94 is calculated by multiplying the quantity of redeemable containers used by the producer during the year for which the contribution is required to commercialize, market or otherwise distribute a product, by a per-container amount set by the designated management body.

In setting the amount referred to in the first paragraph, the designated management body first calculates a basic amount applicable to every redeemable container belonging to a type of container, which may vary depending on the product commercialized, marketed or otherwise distributed in the container.

Next, the designated management body varies the amount depending on whether the container to which it applies is single-use or reusable, increasing the amount for single-use containers and decreasing it for reusable containers. The basic amount for a reusable container may not, however, be more than 25% greater than the average basic amount for all types of single-use containers.

After calculating and varying the basic amount applicable to a container pursuant to the second and third paragraphs, the designated management body again varies the amount by taking into account the capacity of the deposit-refund system to take it in charge until its reclamation and, among other factors, the factors connected to the impact of the containers on the environment, including

(1)  the materials of which the container is made;

(2)  its actual recyclability;

(3)  the existence of markets for all the materials of which it is made;

(4)  the existence of markets in Québec for all the materials of which it is made;

(5)  the inclusion of post-consumer recycled materials in the container;

(6)  the effort made to reduce, at source, the materials used to manufacture the redeemable container.

The consideration given to the elements and factors in the fourth paragraph may lead to a different result for containers belonging to the same type of container.

O.C. 972-2022, s. 95; O.C. 1366-2023, s. 45.

2022-07-07

95. The contributions a producer is required to pay pursuant to the third paragraph of section 94 are calculated by multiplying the quantity of redeemable containers used by the producer during the year for which the contribution is required to commercialize, market or otherwise distribute a product by a per-container amount set by the designated management body on the basis of, but not limited to, the elements and factors set out in the second paragraph.

In setting the amount referred to in the first paragraph, the designated management body must take into account the type of redeemable containers used by the producer during the year concerned to commercialize, market or otherwise distribute a product, the capacity of the deposit-refund system to take them in charge until their reclamation, and the factors connected to the impact of the containers on the environment, including

(1)  the materials of which the containers are made;

(2)  their actual recyclability;

(3)  the existence of markets for all the materials of which a redeemable container is made;

(4)  the existence of markets in Québec for all the materials used in a redeemable container;

(5)  the inclusion of post-consumer recycled materials in those containers;

(6)  the effort made to reduce, at source, the materials used to manufacture the redeemable containers; and

(7)  the possibility that the containers will be used more than once to commercialize, market or otherwise distribute a product.

O.C. 972-2022, s. 95.

Not in force

In force: 2022-07-07

95. The contributions a producer is required to pay pursuant to the third paragraph of section 94 are calculated by multiplying the quantity of redeemable containers used by the producer during the year for which the contribution is required to commercialize, market or otherwise distribute a product by a per-container amount set by the designated management body on the basis of, but not limited to, the elements and factors set out in the second paragraph.

In setting the amount referred to in the first paragraph, the designated management body must take into account the type of redeemable containers used by the producer during the year concerned to commercialize, market or otherwise distribute a product, the capacity of the deposit-refund system to take them in charge until their reclamation, and the factors connected to the impact of the containers on the environment, including

(1)  the materials of which the containers are made;

(2)  their actual recyclability;

(3)  the existence of markets for all the materials of which a redeemable container is made;

(4)  the existence of markets in Québec for all the materials used in a redeemable container;

(5)  the inclusion of post-consumer recycled materials in those containers;

(6)  the effort made to reduce, at source, the materials used to manufacture the redeemable containers; and

(7)  the possibility that the containers will be used more than once to commercialize, market or otherwise distribute a product.

O.C. 972-2022, s. 95.