Q-2 - Environment Quality Act

Section 53.30 Disposition versions

2021-03-17

53.30. The Government may, by regulation, regulate the recovery and reclamation of residual materials in all or part of the territory of Québec. The regulations may, in particular,

(1)  classify recoverable and reclaimable residual materials;

(1.1)  determine the operations involved in the processing of residual materials that constitute reclamation within the meaning of this division, and particularly under which conditions thermal destruction of residual materials constitutes energy conversion;

(2)  prescribe or prohibit, in respect of one or more classes of residual materials, any mode of recovery or reclamation;

(3)  require any municipality or any person to recover and reclaim or to see to the recovery and reclamation of the designated classes of residual materials in accordance with the terms and conditions fixed by regulation;

(4)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any recovery or reclamation facility, in particular biological treatment and storage facilities, including facilities where sorting and transfer operations are carried out and determine the conditions or prohibitions to apply after the closure;

(5)  determine the conditions or prohibitions applicable to the use, sale, storage and processing of materials intended for or resulting from reclamation. For that purpose, the regulations may make the standards fixed by a certifying or standards body mandatory, and provide that in such a case, the references to the standards will include such amendments as may be made to the standards from time to time;

(6)  require any person, in particular any person operating an industrial or commercial establishment, who manufactures, markets or otherwise distributes containers, packaging or packaging materials, printed matter or other products, who markets products in containers or packaging acquired for that purpose or, more generally, whose activities generate residual materials,

(a)  to carry out studies, on the conditions fixed, on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on their environmental impacts or on measures capable of mitigating or eliminating those impacts;

(b)  to develop, implement and contribute financially to, on the terms and conditions fixed, programs or measures to reduce, recover or reclaim residual materials generated by the containers, packaging, packaging materials, printed matter or other products, or generated by their activities, with the goal of extended responsibility of these persons, all while taking into account basic principles of the circular economy and taking into account the social economy within the meaning of the Social Economy Act (chapter E-1.1.1);

(b.1)  (subparagraph repealed);

(c)  to keep registers and furnish to the Minister or the Société, on the terms and conditions fixed, reports on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on the residual materials generated by their activities, and on the results obtained in terms of reduction, recovery or reclamation;

(7)  exempt from all or any of the requirements prescribed pursuant to paragraph 6 any person that is a member of an organization, except the requirements prescribed under both subparagraph b of that paragraph and, as the case may be, section 53.30.1 or 53.30.2,

(a)  the purpose or one of the purposes of which is to develop and implement, as a measure, a system to recover or reclaim residual materials, or to contribute financially to the development and implementation of such a system, in both cases in accordance with the provisions of the regulation and, for matters not provided for by the regulation in accordance with the terms and conditions fixed, under the last paragraph, by an agreement, which must be transmitted to the Minister, between the organization and the Société québécoise de récupération et de recyclage;

(b)  the name of which appears on a list drawn up by the Société and published in the Gazette officielle du Québec;

(8)  prescribe the information or documents that a person, a municipality, a group of municipalities or an Aboriginal community, represented by its band council, must transmit to a person who must, under a regulation made under subparagraph b of subparagraph 6, meet the obligations referred to in the regulation as well as the other terms and conditions applicable to the transmission and the time limit for doing so; the regulation may also prescribe the penalties applicable if the obligations are not met;

(9)  (paragraph replaced);

(10)  (paragraph replaced);

(11)  (paragraph replaced);

(12)  (paragraph replaced);

(13)  (paragraph replaced).

The Minister may, by regulation, delegate to the Société québécoise de récupération et de recyclage various responsibilities relating to the administration of any regulatory provision made under subparagraph 6 of the first paragraph.

The provisions of any agreement entered into under subparagraph 7 of the first paragraph must allow recovery and reclamation levels to meet or exceed the levels that would be achieved through the application of the regulatory standards. The Minister may prescribe conditions on which such agreements may be approved and determine the minimum content thereof. The provisions of the agreements are public information.

1999, c. 75, s. 13; 2002, c. 59, s. 3; 2011, c. 14, s. 4; 2017, c. 4, s. 105; 2021, c. 5, s. 3.

2017-03-23

53.30. The Government may, by regulation, regulate the recovery and reclamation of residual materials in all or part of the territory of Québec. The regulations may, in particular,

(1)  classify recoverable and reclaimable residual materials;

(1.1)  determine the operations involved in the processing of residual materials that constitute reclamation within the meaning of this division, and particularly under which conditions thermal destruction of residual materials constitutes energy conversion;

(2)  prescribe or prohibit, in respect of one or more classes of residual materials, any mode of recovery or reclamation;

(3)  require any municipality to recover and reclaim or to see to the recovery and reclamation of the designated classes of residual materials, on the conditions fixed;

(4)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any recovery or reclamation facility, in particular biological treatment and storage facilities, including facilities where sorting and transfer operations are carried out and determine the conditions or prohibitions to apply after the closure;

(5)  determine the conditions or prohibitions applicable to the use, sale, storage and processing of materials intended for or resulting from reclamation. For that purpose, the regulations may make the standards fixed by a certifying or standards body mandatory, and provide that in such a case, the references to the standards will include such amendments as may be made to the standards from time to time;

(6)  require any class of persons, in particular those operating industrial and commercial establishments, which manufacture, market or otherwise distribute containers, packaging or packaging materials, printed matter or other products, which market products in containers or packaging acquired for that purpose, or, more generally, whose activities generate residual materials,

(a)  to carry out studies, on the conditions fixed, on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on their environmental impacts or on measures capable of mitigating or eliminating those impacts;

(b)  to develop, implement and contribute financially to, on the conditions fixed, programs or measures to reduce, recover or reclaim residual materials generated by the containers, packaging, packaging materials, printed matter or other products, or generated by their activities;

(b.1)  to obtain from the Minister or the Société québécoise de récupération et de recyclage, as applicable, on the conditions fixed, a certificate attesting to the conformity of every program or measure described in subparagraph b with the applicable regulatory prescriptions;

(c)  to keep registers and furnish to the Minister or the Société, as applicable, on the conditions fixed, reports on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on the residual materials generated by their activities, and on the results obtained in terms of reduction, recovery or reclamation;

(7)  exempt from all or any of the requirements prescribed pursuant to paragraph 6 any person that is a member of an organization

(a)  the function or one of the functions of which is to implement or to contribute financially towards the implementation of a system to recover or reclaim residual materials in accordance with the conditions determined in an agreement between the organization and the Société québécoise de récupération et de recyclage, which must be transmitted to the Minister; and

(b)  the name of which appears on a list drawn up by the Société and published in the Gazette officielle du Québec;

(8)  prescribe, in the cases and on the conditions it determines, any consignment system applicable to containers, packaging, materials or products;

(9)  fix a deposit payable on the purchase of any reclaimable container, packaging, material or product which is refundable on return, either in full or, according to the provisions of paragraph 10, in part only;

(10)  determine the proportion of the deposit paid pursuant to paragraph 9 that constitutes the charge payable for the management, promotion or development of reclamation and that will not be refundable on return;

(11)  designate the classes of persons required to collect and refund, in the cases and on the conditions it determines, the deposits prescribed under paragraph 8;

(12)  determine the indemnities payable to compensate for management costs, in particular for the handling and storage of containers, packaging, materials or products following their return, as well as the categories of persons who are entitled to receive indemnities, the categories of persons who are required to pay indemnities and the conditions for payment and, where applicable, for reimbursement;

(13)  make the recovery of any returnable container, packaging, material or product subject to the making with the Société québécoise de récupération et de recyclage of an agreement establishing the conditions governing recovery and the territory in which recovery may be carried out.

The Minister may delegate to the Société québécoise de récupération et de recyclage various responsibilities relating to the administration of any regulatory provision made under subparagraph 6 of the first paragraph. If the delegation concerns the issuing of a certificate described in subparagraph b.1 of that subparagraph, the fees fixed under section 31.0.1 for obtaining such certificates are payable to the Société.

The provisions of any agreement entered into under subparagraph 7 of the first paragraph must allow recovery and reclamation levels to meet or exceed the levels that would be achieved through the application of the regulatory standards. The Minister may prescribe conditions on which such agreements may be approved and determine the minimum content thereof. The provisions of the agreements are public information.

1999, c. 75, s. 13; 2002, c. 59, s. 3; 2011, c. 14, s. 4; 2017, c. 4, s. 105.

2011-06-13

53.30. The Government may, by regulation, regulate the recovery and reclamation of residual materials in all or part of the territory of Québec. The regulations may, in particular,

(1)  classify recoverable and reclaimable residual materials;

(1.1)  determine the operations involved in the processing of residual materials that constitute reclamation within the meaning of this division, and particularly under which conditions thermal destruction of residual materials constitutes energy conversion;

(2)  prescribe or prohibit, in respect of one or more classes of residual materials, any mode of recovery or reclamation;

(3)  require any municipality to recover and reclaim or to see to the recovery and reclamation of the designated classes of residual materials, on the conditions fixed;

(4)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any recovery or reclamation facility, in particular biological treatment and storage facilities, including facilities where sorting and transfer operations are carried out and determine the conditions or prohibitions to apply after the closure;

(5)  determine the conditions or prohibitions applicable to the use, sale, storage and processing of materials intended for or resulting from reclamation. For that purpose, the regulations may make the standards fixed by a certifying or standards body mandatory, and provide that in such a case, the references to the standards will include such amendments as may be made to the standards from time to time;

(6)  require any class of persons, in particular those operating industrial and commercial establishments, which manufacture, market or otherwise distribute containers, packaging or packaging materials, printed matter or other products, which market products in containers or packaging acquired for that purpose, or, more generally, whose activities generate residual materials,

(a)  to carry out studies, on the conditions fixed, on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on their environmental impacts or on measures capable of mitigating or eliminating those impacts;

(b)  to develop, implement and contribute financially to, on the conditions fixed, programs or measures to reduce, recover or reclaim residual materials generated by the containers, packaging, packaging materials, printed matter or other products, or generated by their activities;

(b.1)  to obtain from the Minister, on the conditions fixed, a certificate attesting to the conformity of every program or measure described in subparagraph b with the applicable regulatory prescriptions;

(c)  to keep registers and furnish to the Minister, on the conditions fixed, reports on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on the residual materials generated by their activities, and on the results obtained in terms of reduction, recovery or reclamation;

(7)  exempt from all or any of the requirements prescribed pursuant to paragraph 6 any person that is a member of an organization

(a)  the function or one of the functions of which is to implement or to contribute financially towards the implementation of a system to recover or reclaim residual materials in accordance with the conditions determined in an agreement between the organization and the Société québécoise de récupération et de recyclage, which must be transmitted to the Minister; and

(b)  the name of which appears on a list drawn up by the Société and published in the Gazette officielle du Québec;

(8)  prescribe, in the cases and on the conditions it determines, any consignment system applicable to containers, packaging, materials or products;

(9)  fix a deposit payable on the purchase of any reclaimable container, packaging, material or product which is refundable on return, either in full or, according to the provisions of paragraph 10, in part only;

(10)  determine the proportion of the deposit paid pursuant to paragraph 9 that constitutes the charge payable for the management, promotion or development of reclamation and that will not be refundable on return;

(11)  designate the classes of persons required to collect and refund, in the cases and on the conditions it determines, the deposits prescribed under paragraph 8;

(12)  determine the indemnities payable to compensate for management costs, in particular for the handling and storage of containers, packaging, materials or products following their return, as well as the categories of persons who are entitled to receive indemnities, the categories of persons who are required to pay indemnities and the conditions for payment and, where applicable, for reimbursement;

(13)  make the recovery of any returnable container, packaging, material or product subject to the making with the Société québécoise de récupération et de recyclage of an agreement establishing the conditions governing recovery and the territory in which recovery may be carried out.

The Minister may delegate to the Société québécoise de récupération et de recyclage various responsibilities relating to the administration of any regulatory provision made under subparagraph 6 of the first paragraph. If the delegation concerns the issuing of a certificate described in subparagraph b.1 of that subparagraph, the fees fixed under section 31.0.1 for obtaining such certificates are payable to the Société.

The provisions of any agreement entered into under subparagraph 7 of the first paragraph must allow recovery and reclamation levels to meet or exceed the levels that would be achieved through the application of the regulatory standards. The Minister may prescribe conditions on which such agreements may be approved and determine the minimum content thereof. The provisions of the agreements are public information.

1999, c. 75, s. 13; 2002, c. 59, s. 3; 2011, c. 14, s. 4.

2002-12-18

53.30. The Government may, by regulation, regulate the recovery and reclamation of residual materials in all or part of the territory of Québec. The regulations may, in particular,

(1)  classify recoverable and reclaimable residual materials;

(2)  prescribe or prohibit, in respect of one or more classes of residual materials, any mode of recovery or reclamation;

(3)  require any municipality to recover and reclaim or to see to the recovery and reclamation of the designated classes of residual materials, on the conditions fixed;

(4)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any recovery or reclamation facility, in particular composting and storage facilities, including facilities where sorting and transfer operations are carried out and determine the conditions or prohibitions to apply after the closure;

(5)  determine the conditions or prohibitions applicable to the use, sale, storage and processing of materials intended for or resulting from reclamation. For that purpose, the regulations may make the standards fixed by a certifying or standards body mandatory, and provide that in such a case, the references to the standards will include such amendments as may be made to the standards from time to time;

(6)  require any class of persons, in particular those operating industrial and commercial establishments, which manufacture, market or otherwise distribute containers, packaging or packaging materials, printed matter or other products, which market products in containers or packaging acquired for that purpose, or, more generally, whose activities generate residual materials,

(a)  to carry out studies, on the conditions fixed, on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on their environmental impacts or on measures capable of mitigating or eliminating those impacts;

(b)  to develop, implement and contribute financially to, on the conditions fixed, programs or measures to reduce, recover or reclaim residual materials generated by the containers, packaging, packaging materials, printed matter or other products, or generated by their activities;

(c)  to keep registers and furnish to the Minister, on the conditions fixed, reports on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on the residual materials generated by their activities, and on the results obtained in terms of reduction, recovery or reclamation;

(7)  exempt from all or any of the requirements prescribed pursuant to paragraph 6 any person that is a member of an organization

(a)  the function or one of the functions of which is to implement or to contribute financially towards the implementation of a system to recover or reclaim residual materials in accordance with the conditions determined in an agreement between the organization and the Société québécoise de récupération et de recyclage, which must be transmitted to the Minister ; and

(b)  the name of which appears on a list drawn up by the Société and published in the Gazette officielle du Québec;

(8)  prescribe, in the cases and on the conditions it determines, any consignment system applicable to containers, packaging, materials or products;

(9)  fix a deposit payable on the purchase of any reclaimable container, packaging, material or product which is refundable on return, either in full or, according to the provisions of paragraph 10, in part only;

(10)  determine the proportion of the deposit paid pursuant to paragraph 9 that constitutes the charge payable for the management, promotion or development of reclamation and that will not be refundable on return;

(11)  designate the classes of persons required to collect and refund, in the cases and on the conditions it determines, the deposits prescribed under paragraph 8;

(12)  determine the indemnities payable to compensate for management costs, in particular for the handling and storage of containers, packaging, materials or products following their return, as well as the categories of persons who are entitled to receive indemnities, the categories of persons who are required to pay indemnities and the conditions for payment and, where applicable, for reimbursement;

(13)  make the recovery of any returnable container, packaging, material or product subject to the making with the Société québécoise de récupération et de recyclage of an agreement establishing the conditions governing recovery and the territory in which recovery may be carried out.

The provisions of any agreement entered into under subparagraph 7 of the first paragraph must allow recovery and reclamation levels to meet or exceed the levels that would be achieved through the application of the regulatory standards. The Minister may prescribe conditions on which such agreements may be approved and determine the minimum content thereof. The provisions of the agreements are public information.

1999, c. 75, s. 13; 2002, c. 59, s. 3.

2000-05-01

53.30. The Government may, by regulation, regulate the recovery and reclamation of residual materials in all or part of the territory of Québec. The regulations may, in particular,

(1)  classify recoverable and reclaimable residual materials;

(2)  prescribe or prohibit, in respect of one or more classes of residual materials, any mode of recovery or reclamation;

(3)  require any municipality to recover and reclaim or to see to the recovery and reclamation of the designated classes of residual materials, on the conditions fixed;

(4)  determine the conditions or prohibitions applicable to the establishment, operation and closure of any recovery or reclamation facility, in particular composting and storage facilities, including facilities where sorting and transfer operations are carried out and determine the conditions or prohibitions to apply after the closure;

(5)  determine the conditions or prohibitions applicable to the use, sale, storage and processing of materials intended for or resulting from reclamation. For that purpose, the regulations may make the standards fixed by a certifying or standards body mandatory, and provide that in such a case, the references to the standards will include such amendments as may be made to the standards from time to time;

(6)  require any class of establishment, in particular industrial and commercial establishments, which manufacture, market or otherwise distribute containers, packaging or packaging materials, printed matter or other products, which market products in containers or packaging acquired for that purpose, or, more generally, whose activities generate residual materials,

(a)  to carry out studies, on the conditions fixed, on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on their environmental impacts or on measures capable of mitigating or eliminating those impacts;

(b)  to develop, implement and contribute financially to, on the conditions fixed, programs or measures to reduce, recover or reclaim residual materials generated by the containers, packaging, packaging materials, printed matter or other products, or generated by their activities;

(c)  to keep registers and furnish to the Minister, on the conditions fixed, reports on the quantity and composition of the containers, packaging, packaging materials, printed matter or other products, on the residual materials generated by their activities, and on the results obtained in terms of reduction, recovery or reclamation;

(7)  exempt from all or any of the requirements prescribed pursuant to paragraph 6 any person that is a member of an organization

(a)  the function or one of the functions of which is to implement or to contribute financially towards the implementation of a system to recover or reclaim residual materials in accordance with the conditions determined by agreement between the organization and the Minister; and

(b)  the name of which appears on a list drawn up by the Minister and published in the Gazette officielle du Québec;

(8)  prescribe, in the cases and on the conditions it determines, any consignment system applicable to containers, packaging, materials or products;

(9)  fix a deposit payable on the purchase of any reclaimable container, packaging, material or product which is refundable on return, either in full or, according to the provisions of paragraph 10, in part only;

(10)  determine the proportion of the deposit paid pursuant to paragraph 9 that constitutes the charge payable for the management, promotion or development of reclamation and that will not be refundable on return;

(11)  designate the classes of persons required to collect and refund, in the cases and on the conditions it determines, the deposits prescribed under paragraph 8;

(12)  determine the indemnities payable to compensate for management costs, in particular for the handling and storage of containers, packaging, materials or products following their return, as well as the categories of persons who are entitled to receive indemnities, the categories of persons who are required to pay indemnities and the conditions for payment and, where applicable, for reimbursement;

(13)  make the recovery of any returnable container, packaging, material or product subject to the making with the Minister or the Société québécoise de récupération et de recyclage of an agreement establishing the conditions governing recovery and the territory in which recovery may be carried out.

The provisions of any agreement entered into under subparagraph 7 of the first paragraph must allow recovery and reclamation levels to meet or exceed the levels that would be achieved through the application of the regulatory standards. The provisions of the agreement are public information.

1999, c. 75, s. 13.