ÉEQ actively participates in the update of the Regulation by presenting submissions and making representations to the government on behalf of contributing companies within the legislative framework and in accordance with its certification.
Regulation respecting compensation for municipal services provided to recover and reclaim residual materials
The Regulation was first published in November 2004 and amended thrice thereafter, i.e. in June 2011, December 2013 and December 2015.
The first amendment to the Regulation included:
- A progressive increase in compensation percentages due from companies subject to the Act, from 50% to 70% in 2010, 80% in 2011, 90% in 2012 and 100% in 2003 and subsequent years.
- The obligation for municipalities to produce a report on their net costs, signed by external auditors, in order to be entitled to compensation.
- The integration of an efficiency and performance factor in the formula used to determine compensation amounts paid to municipalities.
- The transfer of magazines from the written media class to the printed matter class, thereby changing the name of that class from “written media” to “newspapers.”
- The allocation of costs to each class of materials as follows: 60% to “containers and packaging,” 30% to “printed matter” and 10% to “newspapers” for the years 2010 to 2012.
» Highlights and comments by ÉEQ on Bill 88
The second amendment to the Regulation, dated December 11, 2013, established the allocation of costs to each class of materials for the 2013 Schedule of Contributions and subsequent years as follows:
- 69.1% to “containers and packaging”
- 20.5% to “printed matter”
- 10.4% to “newspapers”
It broadened the definition of the “containers and packaging” class to include containers and packaging designed or sold as single-use products or products with a short lifespan.
It also ruled, on a transition basis, on the situation relating to “other materials,” i.e. materials not designated by the compensation plan but nevertheless placed in recycling bins, based on the principle of “shared responsibility” between municipalities and companies. Consequently, 7.5% of net costs is deducted from eligible net costs to be compensated for 2013 and 2014. ÉEQ will closely monitor this issue in preparation of a review in 2015.
» Decree 1302-2013, December 11, 2013
The draft Regulation amending the Regulation respecting the compensation plan, which was filed in November and has been the subject of representations by ÉEQ and numerous industry associations, was published on December 30, 2015 by the Government of Quebec.
The highlights of the Regulation are as follows:
Unchanged since the draft Regulation presented in November:
- Proportion of non-designated materials set at 6.6% following classification at sorting centres. This 6.6% deduction on compensation paid to municipalities becomes recurrent as of 2015.
- Allocation of eligible costs between the three classes of materials covered by the regime, as follows: 71.9% for containers and packaging, 19.4% for printed matter and 8.7% for newspapers, following the update of the activity-based costing model jointly financed by ÉEQ and RECYC-QUÉBEC.
Changed since the draft Regulation presented in November:
ÉEQ’s Schedule of Contributions presented to RECYC-QUÉBEC, now spread out quarterly over 18 months. This change stems from ÉEQ’s recommended approach to prevent contribution payment overlap by companies. ÉEQ will have to amend the rules of the 2015–2016 Schedules of Contributions accordingly.
» Decree 1137-2015, December 16, 2015
Quebec’s Residual Materials Management Policy
ÉEQ welcomed Quebec’s Residual Materials Management Policy, with some reservations.
Download the official document on comments presented by ÉEQ.