Frequently Asked Questions


By opening the following buttons, you will find a serie of questions/answers related to the compensation plan.


 Compensation Plan
 
Who represents "written media" and what is their contribution ?

 

The "written media" category is represented by RecycleMédias. Their contact information is available from RECYC-QUÉBEC.

 

The government has agreed to limit written media contributions to $1.3M annually for a period of five years. This compensation will take the form of ads to increase environmental awareness, and especially messages promoting recovery and reclaiming of residual materials.

 

The "written media" category includes newspapers, magazines, reviews and any other similar written work that meet the following criteria:


1.  Sold or available free of charge;

2.  Published at fixed intervals and at least once a year; and

3.  Published primarily to deliver opinions, news, or comments on current affairs or a particular subject or theme.

When will the 2007 Schedule of Contributions take effect?

 
The 2007 Schedule of Contributions was submitted to companies and organizations during the fall 2008 consultation process. The consultation report and Contribution Schedule were adopted by ÉEQ’s Board of Directors on December 12, 2008, and immediately sent on to RECYC-QUÉBEC, who quickly analyzed it and submitted favourable recommendations to the government of Quebec. Until the 2007 Schedule of Contributions is published in the Gazette officielle du Québec, the proposed version, as approved by the Board of Directors, can be viewed on ÉEQ’s website.
We expect the 2007 Schedule of Contributions to take effect in the spring of 2009. However, no deadline has been set and these estimates are subject to change. 
 

Can financing organizations exclude certain materials or exempt some companies from paying contributions ?

 

Financing organizations are authorized to exclude some materials and/or exempt companies from paying contributions. For example, financing organizations could exclude any containers, packaging, printed matter or printed media consumed in industrial, commercial and institutional establishments where municipalities do not provide recycling and reclaiming services. They may also exempt companies that generate only small quantities of containers, packaging, printed matter and/or written media.



 Targeted Companies

My company manufactures private brand products and some with distinguishing guises and sells them to a distribution centre or directly to retailers. Since we sell to other companies, we are not therefore targeted, correct?

 

You must first establish for who the product or service is intended. So, if the end-user is a consumer, the retailer and distribution centre are simply intermediaries between you and the consumer. Your company is therefore targeted for all containers, packaging and printed matter generated by your products and services.

 

Are containers and packaging and printed matter consumed in industrial, commercial and institutional establishments targeted?

 

To date, few municipalities provide residual materials recycling and reclaiming services to industrial, commercial and institutional (ICI) establishments. Therefore, ÉEQ has agreed to exclude containers, packaging and printed matter intended for ICI from the 2005 and 2006 Schedule of Contributions. This decision is subject to change in future years.

 

Once municipalities start to provide recycling services to these establishments, these materials may be included in future schedule of contributions.

 

In this regard, the Québec Compensation Plan differs from the Ontario scheme that expressly excludes materials generally found in industrial, commercial and institutional waste streams.

 

What is a brand, a name or a distinguishing guise?

 

Generally speaking, a "brand" is one used by a company to differentiate its products or services. An example would be a trademark.

 

A "distinguishing guise" is the unique way a company might wrap or package a product so as to differentiate itself or its products.

 

A "name" is the name under which the company operates, be it a corporation, a partnership or an individual.

 

Is a company with a representative in Quebec automatically considered as having an establishment or domicile in Quebec?

 

For the purposes of applying the Implementing Regulation, a company representative (whose place of work may or may not be a personal residence) that meets one or more of the following criteria (which is a non-comprehensive list) may be considered as providing the company with an establishment or domicile in Quebec:

  • Is a duly authorized employee or representative of the company
  • Is exclusive to the company
  • Acts on behalf of the company
  • Signs contracts, purchase orders and/or negotiates prices
  • Provides service to the company's Québec clientele
  • Is reachable in Québec through fixed contact information (telephone, postal address, etc.)
  • Maintains a stock of products for sale
  • Provides liaison between the company and customers.

In the event any or all these criteria are met, we consider that the company served by the employee or representative has an address in Quebec even if customers place their orders directly with a distribution centre outside Quebec.

Are independent franchisees subject to the Act ?

When the franchise or banner owner has an establishment in Quebec :

  • The owner is subject to the Act for all containers, packaging and printed matter generated by all his franchisees, including packaging added at the point of sale;

When the franchise or banner owner does not have an establishment in Quebec :

  • The independent franchisee is subject to the Act for all containers, packaging and printed matter generated by his activities, including packaging added at the point of sale, unless the franchise or banner owner is a voluntary contributor.

What is a point of retail sale?

For the purposes of applying the Regulation and the contribution schedule, a retail point of sale is defined as a specific place or location where retail sales are transacted by a retailer whose main activity is retail sales.
 

Retail sales are defined as all sales other than those exclusively for resale. Generally, these are sales to the public, including some corporations if such purchases are not made to complete a production process or for resale. Retail sales must be made at a point of sale where the person operating the point of sale, or his/her representative, and the buyer are present.


I am a small manufacturer and I have a sales counter. May I take advantage of the payment exemption for a single point of retail sale in Quebec?

No. Since a manufacturer's main activity is manufacturing finished products (food, clothing, furniture, tools) and not selling those products, such a company may not take advantage of the payment exemption for a single point of retail sale.





 RECYC-QUÉBEC
 

Can RECYC-QUÉBEC collect management fees?

 

RECYC-QUÉBEC can deduct 6% of the total annual compensation as a management fee and to cover other expenses related to the Compensation Plan.




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