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The Voluntary Producers' Policy lists the conditions
whereby a producer that is not covered by the Regulation can:
• Assume the obligations, undertakings and responsibilities for and
on behalf of all its First Suppliers in Québec; and
• Consequently, comply with the Contract, the General Conditions,
the Policies and the By-laws of Éco Entreprises Québec (ÉEQ).
If the conditions
set out in this Policy are not met, the First Supplier or First Suppliers in
Québec remain responsible.
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Scope
1.
This Policy applies
to companies that do not have a business establishment in Québec but wish to
assume the responsibilities and obligations related to the Materials they put
on the market in Québec by becoming Voluntary Producers.
2.
By becoming Voluntary
Producers, companies release their First Suppliers in Québec from the
responsibilities and obligations devolved on them by the Regulation and become
Producers as understood in the Contract, the General Conditions and the
Policies.
3.
A Voluntary Producer
must complete the form to become a Voluntary Producer and sign the Voluntary
Producer Agreement (Agreement) referred to in this Policy.
4.
This Policy forms an
integral part of the Membership Contract, and it may be amended in accordance
with the General Conditions.
Policy
5.
Definitions from the
General Conditions and the Financial Participation Policy that are specific to
this Voluntary Producers' Policy:
a)
“First Supplier” means a supplier that is
domiciled or has an establishment in Québec and is the first to take ownership,
possession or control in Québec of a Material or product that is covered by the
Regulation;
b)
“Materials” means “Containers”,
“Packaging” and “Printed Matter”;
c)
“Member” means any Producer that becomes
a member of ÉEQ and maintains that status, in accordance with the Contract, the
General Conditions, the Policies and the ÉEQ By-laws;
d)
“Producer’s Financial Participation (PFP)”
means the contribution paid by the Members pursuant to the Regulation, based on
the Financial Participation Schedule and the other conditions described in the
Producers' Financial Participation Policy;
e)
“Regulation” means the Regulation
respecting a system of selective collection of certain residual materials
(Québec), as it may be amended, pursuant to which ÉEQ was appointed DMO in
order to take charge of the obligations of the Producers referred to therein
and to develop, establish and finance a System of Curbside Recycling;
f)
“Report” means the annual report of the
Materials the Member has put on the market, completed in accordance with the
conditions and for the Reference Year indicated in this Policy;
g)
“Reporting Year” represents the year for
which the Producer is required to submit a Report within the time frame
established in this Policy;
h)
“Voluntary Producer” means a natural
person, corporation, cooperative or legal person whose domicile or
establishment is outside Québec and which owns a brand, name or distinctive
symbol and decides to assume the obligations, undertakings and responsibilities
for and on behalf of all its First Suppliers in Québec and become a Member of
ÉEQ.
a) Meets the conditions stipulated in this
Policy;
b) Completes and transmits the form to
become a Voluntary Producer;
c) Reads and agrees to the Membership
Contract, the General Conditions and the Policies;
d) Submits a Report containing the data and
information specified in the Financial Participation Policy and pays its PFP,
which is also described in that Policy;
7.
ÉEQ may decide to
enter into a Voluntary Producer Agreement, as described in the General
Conditions, with a third party whose domicile or establishment is outside
Québec and which, while not being the owner of a Brand, Name or Distinctive
Symbol, is its principal distributor in Québec. This Policy also applies in
such instance.
8.
A third party may be
recognized as a Voluntary Producer if it has signed and filed the Voluntary
Producer form for that purpose with ÉEQ, thereby agreeing to:
a) Meet all the obligations of a Producer
(Member) and those under the Membership Contract, the General Conditions, the
Policies and the Regulation, notably the payment of any Financial Participation
and the filing of the Report required under the Producers' Financial
Participation Policy;
b) Assume any obligations arising from the
Agreement in respect of all its First Suppliers, a list of which is included in
the Voluntary Producer form;
c) Report, for all its brands and all the
names of which it is the owner, user or distributor, a list of which is
included in the Voluntary Producer form;
e) Pay its PFP to the extent of the
quantities of Materials it puts on the market and not be eligible for a payment
exemption, even if it meets the criteria stipulated in the Small Producers’
Policy in that regard;
d) Abide by the laws of Québec and accept
that any lawsuits will be instituted in Québec under the laws of Québec.
9.
A Voluntary Producer
may only act to fulfil the obligations that would be incumbent on the First
Supplier in respect of its Products, Services and Materials identified by a
Brand, Name or Distinguishing Guise of which it is the owner or the principal
distributor in Québec, but this shall not exempt a First Supplier from its
obligations under the Producers' Financial Participation Policy and the
Regulation.
a) The Voluntary Producer and the First Supplier are solidarily liable
for the obligations incumbent on them pursuant to the Contract, the General
Conditions, the Policies and the Regulation.
10.
By agreeing to become
a Voluntary Producer, the company that has concluded such an Agreement is
deemed to be a Producer under the Regulation.
11.
By being deemed to be
a Producer, a Voluntary Producer agrees to become a Member of ÉEQ and
consequently to satisfy the conditions stipulated in the General Conditions,
i.e.:
a) Complete and submit the online membership form via the ÉEQ Portal;
b) Check the box indicating acceptance of the Contract, the General
Conditions and the Policies. For that purpose, the individual responsible for
confirming such acceptance must make sure they have obtained the requisite
corporate consents and that they have the authority to bind the Producer
(corporation, enterprise or other entity).
ÉEQ will send
written confirmation of its acceptance of the Voluntary Producer as a Member,
if applicable.
12.
Every Voluntary
Producer agrees to the inclusion of its name and the list of its Brands, Names
and Distinguishing Guise in the public list of ÉEQ’s Voluntary Producers.
13.
The Voluntary
Producer agrees to promptly notify each of the First Suppliers named in the
Voluntary Producer Agreement that they are not bound to report for the Brands
for which it is henceforth assuming the responsibilities and obligations.
14.
The Voluntary
Producer agrees to communicate an updated version of its form to ÉEQ to reflect
any changes to the information it contains, as the case may be, within thirty
(30) days of the occurrence of such changes.
15. The deadline for transmitting a Voluntary
Producer application is December 1st, at the latest.
16. The Agreement between ÉEQ and a Voluntary
Producer:
a)
Is effective as of
the 1st day of January in the Reporting Year following the year in which the
application was made and continues in the subsequent years for an indefinite
term, until it is terminated;
b) Can be terminated by written notice from the Voluntary Producer sent
to service@eeq.ca at least thirty (30) days before the start of the next Reporting Year,
effective only after full payment of the PFP related to the Report for which it
was a Voluntary Producer.
·
In the event of termination, ÉEQ will remove the
Voluntary Producer’s name from its public list of Voluntary Producers;
·
The Voluntary Producer must notify all its First
Suppliers listed in the Agreement that the obligations it had decided to assume
on their behalf will once more be borne by them as of the new Reporting Year;
·
The Voluntary Producer must notify ÉEQ once the
First Suppliers have been notified.
