Legal Framework | updated 2011-02-22


The Environment Quality Act and the Regulation respecting compensation for municipal services provided to recover and reclaim residual materials provide a framework for the compensation plan. Moreover, certified organizations, including ÉEQ, must draft each year a schedule of contributions to determine the fees to be paid and submit it to the government of Québec for approval. Official documents below may be found, for most, on the website of the  Ministère du Développement durable, de l’Environnement et des Parcs  (MDDEP).


 Environment Quality Act Bill 88  
 

On March 17, 2010, the bill to amend the Environment Quality Act with respect to residual materials management and modifying the Regulation respecting compensation for municipal services provided to recover and reclaim residual materials was submitted to Quebec’s National Assembly.

Over a year after the Commission des transports et de l'environnement began its work, Bill 88 amending the Environment Quality Act and the compensation plan was adopted by the government on June 10, 2011, and sanctioned on June 13, 2011, date at which it became effective. Some points were won or confirmed in the final version of Bill 88, to the benefit of companies, including:
  • confirmation that only the costs of collection, transportation, sorting and conditioning will be recognized in the calculation of compensatable net costs;
  • efficiency and effectiveness factors will be maintained in the calculation of compensatable net costs;
  • RECYC-QUÉBEC fees will be reduced and capped at $3 million;
  • access to actual compensatable municipal net costs for 2010 and 2011 Schedules of Contributions rather than estimated net costs, which would have increased the risk of error in compensation paid by companies; and
  • spreading out of contribution payments, as negotiated by ÉEQ with the MDDEP for 2010 to 2014 Schedules of Contributions.


Below is provided an in-depth analysis of the changes brought by Bill 88 is available to contributing companies.

 
ÉEQ press release, June 8 2011    

 Official web page on Bill 88 (ASSNAT - French only)  

 Amendments on the compensation plan  (MDDEP - French only) 



2010...

 Press release, April 13, 2010 « Moving towards a new partnership with municipalities… but not at any price! »
 Submission, April 13, 2010 Presented by ÉEQ to the Commission des transports et de l'environnement as part of
     special consultations on Bill 88
 Highlights and Comments by ÉEQ about the Bill 88 - March 19, 2010         


 




 Regulation respecting compensation for municipal services provided to recover and reclaim
     residual materials



The Regulation respecting compensation for municipal services provided to recover and reclaim residual materials was published in the November 24, 2004 issue of the Gazette officielle du Québec.

It sets down the following terms for the implementation of the compensation plan :

  • Identifies three (3) categories of designated materials: ''containers and packaging'', ''printed matter'' and ''written media'';
  • Establishes the share, per category of materials, in % of total net costs of services provided by municipalities eligible for compensation;
  • Sets the date the compensation plan comes into force (March 1, 2005);
  • Identifies targeted entities;
  • Sets out special provisions and exemptions.




 Environment Quality Act Bill 102

The Environment Quality Act sets down the general principles related to the compensation plan :
  • Mechanisms to establish net costs, the amount of yearly compensation, terms of payment and the procedure for distributing the annual compensation;
  • Parties involved (RECYC-QUÉBEC, municipal associations, financing organizations);
  • Procedures for certifying financing organizations whose mission is to represent targeted companies;
  • Procedures financing organizations apply to collect contributions will follow (schedule of contributions).

The Environment Quality Act was amended on December 12, 2002 by Bill 102, having as objective to introduce the Compensation Plan. 

Bill 102, unanimously adopted by the National Assembly on December 12, 2002 and favourably received by the industry, is in the same spirit as the Plan d'Action québécois sur la gestion des matières résiduelles 1998-2008 (available in French only) and consequently, it establishes general principles governing the compensation plan and creates a legal obligation for targeted companies to financially compensate municipalities for the net costs of curbside recycling. To do so, companies must register with one or more certified organizations that collect the prescribed contributions, which are turned over to RECYC-QUÉBEC in trust.