Targeted Companies

The Act's implementing regulation specifies which companies are required to pay a contribution to Éco Entreprises Québec in both the ''containers and packaging'' and ''printed matter'' categories.

''Containers and Packaging''

In order to establish who is required to make a contribution to ÉEQ for containers and packaging, a determination must first be made as to whether the product is pre-packaged or packaged at the point of retail sale.

Pre-Packaged Products

The following companies may be required to pay a contribution to ÉEQ as the owners of a brand, a name or a distinguishing guise (''Brand Owners'') or are responsible for the commercialization or marketing in Québec of a product or service under a brand, a name, or a distinguishing guise:  

• The company is the owner, and not simply the user, of the brand, name or distinguishing guise and has an establishment in Québec;

OR

• If the owner of the brand, name or distinguishing guise does not have a domicile or establishment in Québec, the first supplier in Québec of those products or containers and packaging. Note that a supplier is not considered the manufacturer of the product or its containers and packaging.

Products Packaged at a Retail Point of Sale

In the case of containers and packaging provided at a retail point of sale, payment of a contribution is never required from the manufacturer of those materials or from the person responsible for adding them at the point of retail sale.

When the retail outlet is supplied or operated in the context of a franchise, a chain, or a banner or other similar type of affiliation or group of businesses, the following companies are required to pay a contribution to Éco Entreprises Québec:

• The franchiser or the owner of the chain, the banner or group of businesses under which the retail outlet is supplied or operated, if that company has a domicile or an establishment in Québec;
• The Québec representative of the company mentioned in the previous paragraph if the latter does not have a domicile or an establishment in Québec;
• If the company mentioned in the first paragraph does not have a representative in Québec, then the retailer is required to pay the contribution.

''Printed Matter''

The owner of a brand, a name or a distinguishing guise identifying printed matter is the only company required to pay a contribution on that material. However, if such an owner does not have a domicile or establishment in Quebec, the contribution is then required from the first supplier in Quebec of that printed matter, whether or not they are the importer.