Legal Framework | updated 2010-06-25

 

 

 Bill 88 – Quebec’s National Assembly wrapped up its spring session on June 11, 2010, without adopting Bill 88 that seeks to amend the residual materials management aspect of the Environment Quality Act and its related Regulation respecting compensation for municipal services provided to recover and reclaim residual materials. The legislative process is expected to resume in October 2010.  + more info, Companies Section 

 

See Quebec’s National Assembly’s official website dealing with Bill 88 > http://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-88-39-1.html

Keep up-to-date on the latest developments on the subject by viewing What’s New on ÉEQ’s home page.

Submission Presented by ÉEQ to the Commission des transports et de l'environnement as part of special 
     consultations on Bill 88 - April 13, 2010        
                                                          


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).


 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.

The amendments to the compensation plan proposed in Bill 88 include:
  • Gradually increasing compensation of net costs to reach 100% in 2015;
  • Setting out in the legislation (EQA and Regulation) the calculation method and rules that define the total amount of municipal curbside recovery and reclamation costs eligible for compensation, including recognized municipal management expenses;
  • Adjusting the percentage that RECYC-QUÉBEC may receive for its management expenses and collecting the amount of those expenses over and above the amount of compensation instead of deducting them from the compensation;
  • Repealing exclusions relating to tertiary and transportation packaging from the definition of “Containers and Packaging” category;
  • Replacing the “Written Media” category by the “Newspapers” category, grouping journals and magazines in the “Printed Matter” category and establishing a ceiling for the contribution of the “Newspapers” category;
  • Tightening the timeline for applying the compensation plan and thus ensuring that compensation is paid by December 31st of the year it is due.

 Amendments on the compensation plan (MDDEP) (french only) 

 Bill 88
 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
 ÉEQ's Highlights and Comments, Bill 88 | go to the Legal Framework webpage, on the 
     Companies Section
 To register - March 19, 2010




 Environment Quality Act

TheEnvironment Quality Actsets 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 50% of 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.




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

The Regulation will be modified by Bill 88 when the said project is passed by the National
Assembly. Full details will follow. Follow ÉEQ Upates and consult Whats News on our Home page to get the information.


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 theimplementation 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 at 50% 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.



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