Q-2, r. 40.1 - Regulation respecting the recovery and reclamation of products by enterprises

Section 6 Disposition versions

2023-08-30

6. Not later than 3 months before the date provided for in Chapter VI for the implementation of a recovery and reclamation program for a product, an enterprise referred to in section 2, 2.1, 2.2 or 3 must inform the Minister of its intention to implement an individual program, to join a group of enterprises implementing a common program or to become a member of an organization referred to in section 4.

An enterprise electing to implement an individual program or to participate in the common program of a group of enterprises must then submit the following information and documents to the Minister:

(1)  in the case of an enterprise implementing an individual recovery and reclamation program:

(a)  its name and address, telephone and fax numbers and email address;

(b)  the business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1); and

(c)  in the case of a legal person, partnership, association or organization, the name and contact information of its representative;

(2)  in the case of an enterprise participating in the common recovery and reclamation program of a group of enterprises:

(a)  the information referred to in subparagraph 1 concerning the group and each enterprise in the group; and

(b)  a resolution attesting to its participation in the group;

(3)  the name and contact information of the person in charge of the program;

(4)  each subcategory of products marketed by the enterprise and the brand, name or distinguishing guise owned or used by the enterprise or, as the case may be, that information concerning a product for which the enterprise acts as first supplier;

(5)  according to each subcategory of products, the estimated quantity of products marketed during a year;

(6)  the regional municipality, territory or administrative region covered by sections 16, 17 and 53.0.12 where each product of a subcategory is marketed and the method of marketing used, such as wholesale, retail sale, distance selling or house-to-house selling;

(7)  a list of the drop-off centres, including their quantity, kind, address and working days and hours, the subcategories of products accepted and, if applicable, their maximum threshold, according to weight, quantity or size, for a deposit by industrial, commercial and institutional clients, and a description of the other collection services offered and for whom they are intended;

(8)  a description of the residual material management methods used for each subcategory of products, including in particular the conditions of the transportation, storage, sorting, consolidation and any other treatment of recovered products and, if reuse is the management method used, a description of the methods and criteria used to sort out, identify and forward the products for that purpose.

Where a management method may not be used in the order provided for in subparagraph 1 of the first paragraph of section 5 because the existing technology or applicable laws and regulations do not allow for such use, proof must be provided to the Minister. Where the situation is warranted because a method has an advantage over another in environmental terms, a life cycle analysis confirming the situation must be provided to the Minister with the annual report for the year in which the situation occurs;

(9)  the names and contact information of the providers whose services have been retained or are about to be retained for the management of residual materials, as well as the operating rules, criteria and requirements service suppliers and their subcontractors must comply with under the program;

(10)  a description of the proposed measures for verifying compliance by service providers and their subcontractors with the operating rules, criteria and requirements referred to in subparagraph 3 of the first paragraph of section 5 and subparagraph 9 of the second paragraph of this section;

(11)  a description of the means proposed for the management of containers and other packages not covered by this Regulation and that were used to bring products to drop-off centres and to transport them to treatment centres;

(12)  the name and address of the enterprises that intervene in the reclamation process for those products or materials, the name and address of the enterprises that treat those products or materials at the place of their final destination, referred to in subparagraph 4 of the first paragraph of section 5 and, if applicable, their reclamation or disposal method;

(13)  a description and a schedule of the proposed information, awareness and education activities and research and development activities.

An enterprise who elects to become a member of an organization referred to in section 4 must provide the Minister with the following information:

(1)  the information referred to in subparagraph 1 of the second paragraph concerning the enterprise;

(2)  the name of the organization of which the enterprise becomes a member;

(3)  the information referred to in subparagraph 4 of the second paragraph concerning the product marketed by the enterprise.

The enterprise must, as soon as possible, notify the Minister of any change in any information provided pursuant to this section.

O.C. 597-2011, s. 6; I.N. 2016-01-01 (NCCP); O.C. 933-2022, s. 6; O.C. 1369-2023, s. 6.

2022-06-30

6. Not later than 3 months before the date provided for in Chapter VI for the implementation of a recovery and reclamation program for a product, an enterprise referred to in section 2 or 3 must inform the Minister of its intention to implement an individual program, to join a group of enterprises implementing a common program or to become a member of an organization referred to in section 4.

An enterprise electing to implement an individual program or to participate in the common program of a group of enterprises must then submit the following information and documents to the Minister:

(1)  in the case of an enterprise implementing an individual recovery and reclamation program:

(a)  its name and address, telephone and fax numbers and email address;

(b)  the business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1); and

(c)  in the case of a legal person, partnership, association or organization, the name and contact information of its representative;

(2)  in the case of an enterprise participating in the common recovery and reclamation program of a group of enterprises:

(a)  the information referred to in subparagraph 1 concerning the group and each enterprise in the group; and

(b)  a resolution attesting to its participation in the group;

(3)  the name and contact information of the person in charge of the program;

(4)  each subcategory of products marketed by the enterprise and the brand, name or distinguishing guise owned or used by the enterprise or, as the case may be, that information concerning a product for which the enterprise acts as first supplier;

(5)  according to each subcategory of products, the estimated quantity of products marketed during a year;

(6)  the regional municipality, territory or administrative region covered by sections 16, 17 and 53.0.12 where each product of a subcategory is marketed and the method of marketing used, such as wholesale, retail sale, distance selling or house-to-house selling;

(7)  a list of the drop-off centres, including their quantity, kind, address and working days and hours, the subcategories of products accepted and, if applicable, their maximum threshold, according to weight, quantity or size, for a deposit by industrial, commercial and institutional clients, and a description of the other collection services offered and for whom they are intended;

(8)  a description of the residual material management methods used for each subcategory of products, including in particular the conditions of the transportation, storage, sorting, consolidation and any other treatment of recovered products and, if reuse is the management method used, a description of the methods and criteria used to sort out, identify and forward the products for that purpose.

Where a management method may not be used in the order provided for in subparagraph 1 of the first paragraph of section 5 because the existing technology or applicable laws and regulations do not allow for such use, proof must be provided to the Minister. Where the situation is warranted because a method has an advantage over another in environmental terms, a life cycle analysis confirming the situation must be provided to the Minister with the annual report for the year in which the situation occurs;

(9)  the names and contact information of the providers whose services have been retained or are about to be retained for the management of residual materials, as well as the operating rules, criteria and requirements service suppliers and their subcontractors must comply with under the program;

(10)  a description of the proposed measures for verifying compliance by service providers and their subcontractors with the operating rules, criteria and requirements referred to in subparagraph 3 of the first paragraph of section 5 and subparagraph 9 of the second paragraph of this section;

(11)  a description of the means proposed for the management of containers and other packages not covered by this Regulation and that were used to bring products to drop-off centres and to transport them to treatment centres;

(12)  the name and address of the enterprises that intervene in the reclamation process for those products or materials, the name and address of the enterprises that treat those products or materials at the place of their final destination, referred to in subparagraph 4 of the first paragraph of section 5 and, if applicable, their reclamation or disposal method;

(13)  a description and a schedule of the proposed information, awareness and education activities and research and development activities.

An enterprise who elects to become a member of an organization referred to in section 4 must provide the Minister with the following information:

(1)  the information referred to in subparagraph 1 of the second paragraph concerning the enterprise;

(2)  the name of the organization of which the enterprise becomes a member;

(3)  the information referred to in subparagraph 4 of the second paragraph concerning the product marketed by the enterprise.

The enterprise must, as soon as possible, notify the Minister of any change in any information provided pursuant to this section.

O.C. 597-2011, s. 6; I.N. 2016-01-01 (NCCP); O.C. 933-2022, s. 6.

2016-01-01

6. Not later than 3 months before the date provided for in Chapter VI for the implementation of a recovery and reclamation program in respect of a product, an enterprise referred to in section 2, 3 or 8 must inform the Minister of its intention to implement an individual program, to join a group of enterprises implementing a common program or to become a member of an organization referred to in section 4.

An enterprise electing to implement an individual program or to participate in the common program of a group of enterprises must then submit the following information and documents to the Minister:

(1)  in the case of an enterprise implementing an individual recovery and reclamation program:

(a)  its name and address, telephone and fax numbers and email address;

(b)  the business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1); and

(c)  in the case of a legal person, partnership, association or organization, the name and contact information of its representative;

(2)  in the case of an enterprise participating in the common recovery and reclamation program of a group of enterprises:

(a)  the information referred to in subparagraph 1 concerning the group and each enterprise in the group; and

(b)  a resolution attesting to its participation in the group;

(3)  the name and contact information of the person in charge of the program;

(4)  each subcategory and each type of product marketed by the enterprise and the brand, name or distinguishing guise owned or used by the enterprise or, as the case may be, that information concerning a product for which the enterprise acts as first supplier;

(5)  according to each subcategory of product, the estimated quantity of each type of product marketed during a year;

(6)  the regional municipality or territory referred to in sections 16 and 17 where each type of product is marketed and the method of marketing used, such as wholesale, retail sale, distance selling or house-to-house selling;

(7)  a list of the drop-off centres, including their quantity, kind, address and working days and hours, the subcategories or types of products accepted and, if applicable, their maximum threshold, according to weight, quantity or size, for a deposit by industrial, commercial and institutional clients, and a description of the other collection services offered and for whom they are intended;

(8)  a description of the residual material management methods used for each subcategory or type of product, including in particular the conditions of the transportation, storage, sorting, consolidation and any other treatment of recovered products and, if reuse is the management method used, a description of the methods and criteria used to sort out, identify and forward the products for that purpose.

Where a management method may not be used in the order provided for in paragraph 1 of section 5 because the existing technology or applicable laws and regulations do not allow for such use, proof must be provided to the Minister. Where the situation is warranted because a method has an advantage over another in environmental terms, a life cycle analysis confirming the situation must be provided to the Minister with the annual report for the year in which the situation occurs;

(9)  the names and contact information of the providers whose services have been retained or are about to be retained for the management of residual materials, as well as the operating rules, criteria and requirements they must comply with under the program;

(10)  a description of the measures proposed for the environmental audit of the management of recovered products and of compliance by service providers and their subcontractors with the operating rules, criteria and requirements referred to in subparagraph 9;

(11)  a description of the means proposed for the management of containers and other packages not covered by this Regulation and that were used to bring products to drop-off centres and to transport them to treatment centres;

(12)  the planned final destination for the recovered products and materials, including the names and addresses of the addressees and, if a type of product or material is to be disposed of, the disposal method and site for each type of product or material and the name and contact information of the person in charge of that site; and

(13)  a description and a schedule of the proposed information, awareness and education activities and research and development activities.

An enterprise who elects to become a member of an organization referred to in section 4 must provide the Minister with the following information:

(1)  the information referred to in subparagraph 1 of the second paragraph concerning the enterprise;

(2)  the name of the organization of which the enterprise becomes a member;

(3)  the information referred to in subparagraph 4 of the second paragraph concerning the product marketed by the enterprise.

O.C. 597-2011, s. 6; I.N. 2016-01-01 (NCCP).

2012-09-01

6. Not later than 3 months before the date provided for in Chapter VI for the implementation of a recovery and reclamation program in respect of a product, an enterprise referred to in section 2, 3 or 8 must inform the Minister of its intention to implement an individual program, to join a group of enterprises implementing a common program or to become a member of an organization referred to in section 4.

An enterprise electing to implement an individual program or to participate in the common program of a group of enterprises must then submit the following information and documents to the Minister:

(1)  in the case of an enterprise implementing an individual recovery and reclamation program:

(a)  its name and address, telephone and fax numbers and email address;

(b)  the business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1); and

(c)  in the case of a legal person, partnership, association or organization, the name and contact information of its representative;

(2)  in the case of an enterprise participating in the common recovery and reclamation program of a group of enterprises:

(a)  the information referred to in subparagraph 1 concerning the group and each enterprise in the group; and

(b)  a resolution attesting to its participation in the group;

(3)  the name and contact information of the person in charge of the program;

(4)  each subcategory and each type of product marketed by the enterprise and the brand, name or distinguishing guise owned or used by the enterprise or, as the case may be, that information concerning a product for which the enterprise acts as first supplier;

(5)  according to each subcategory of product, the estimated quantity of each type of product marketed during a year;

(6)  the regional municipality or territory referred to in sections 16 and 17 where each type of product is marketed and the method of marketing used, such as wholesale, retail sale, distance selling or house-to-house selling;

(7)  a list of the drop-off centres, including their quantity, kind, address and business days and hours, the subcategories or types of products accepted and, if applicable, their maximum threshold, according to weight, quantity or size, for a deposit by industrial, commercial and institutional clients, and a description of the other collection services offered and for whom they are intended;

(8)  a description of the residual material management methods used for each subcategory or type of product, including in particular the conditions of the transportation, storage, sorting, consolidation and any other treatment of recovered products and, if reuse is the management method used, a description of the methods and criteria used to sort out, identify and forward the products for that purpose.

Where a management method may not be used in the order provided for in paragraph 1 of section 5 because the existing technology or applicable laws and regulations do not allow for such use, proof must be provided to the Minister. Where the situation is warranted because a method has an advantage over another in environmental terms, a life cycle analysis confirming the situation must be provided to the Minister with the annual report for the year in which the situation occurs;

(9)  the names and contact information of the providers whose services have been retained or are about to be retained for the management of residual materials, as well as the operating rules, criteria and requirements they must comply with under the program;

(10)  a description of the measures proposed for the environmental audit of the management of recovered products and of compliance by service providers and their subcontractors with the operating rules, criteria and requirements referred to in subparagraph 9;

(11)  a description of the means proposed for the management of containers and other packages not covered by this Regulation and that were used to bring products to drop-off centres and to transport them to treatment centres;

(12)  the planned final destination for the recovered products and materials, including the names and addresses of the addressees and, if a type of product or material is to be disposed of, the disposal method and site for each type of product or material and the name and contact information of the person in charge of that site; and

(13)  a description and a schedule of the proposed information, awareness and education activities and research and development activities.

An enterprise who elects to become a member of an organization referred to in section 4 must provide the Minister with the following information:

(1)  the information referred to in subparagraph 1 of the second paragraph concerning the enterprise;

(2)  the name of the organization of which the enterprise becomes a member;

(3)  the information referred to in subparagraph 4 of the second paragraph concerning the product marketed by the enterprise.

O.C. 597-2011, s. 6.