Québec. Table of Contents Regulations and other Acts Draft Regulations Transport Notices Index - PDF

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Gazette officielle DU Québec Part 2 No July 2014 Laws and Regulations Volume 146 Summary Table of Contents Regulations and other Acts Draft Regulations Transport Notices Index Legal deposit 1st Quarter

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Gazette officielle DU Québec Part 2 No July 2014 Laws and Regulations Volume 146 Summary Table of Contents Regulations and other Acts Draft Regulations Transport Notices Index Legal deposit 1st Quarter 1968 Bibliothèque nationale du Québec Éditeur officiel du Québec, 2014 All rights reserved in all countries. No part of this publication may be translated, used or reproduced for commercial purposes by any means, whether electronic or mechanical, including micro-reproduction, without the written authorization of the Québec Official Publisher. NOTICE TO USERS The Gazette of cielle du Québec is the means by which the Québec Government makes its decisions of cial. It is published in two separate editions under the authority of the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1) and the Regulation respecting the Gazette of cielle du Québec (chapter C-8.1.1, r. 1). Partie 1, entitled Avis juridiques, is published at least every Saturday. If a Saturday is a legal holiday, the Of cial Publisher is authorized to publish it on the preceding day or on the following Monday. Partie 2, entitled Lois et règlements, and the English edition, Part 2 Laws and Regulations, are published at least every Wednesday. If a Wednesday is a legal holiday, the Of cial Publisher is authorized to publish them on the preceding day or on the Thursday following such holiday. Part 2 LAWS AND REGULATIONS Internet The Gazette of cielle du Québec Part 2 will be available on the Internet at noon each Wednesday at the following address: The Gazette of cielle du Québec published on the website is available to all free of charge. Contents Part 2 contains: (1) Acts assented to, before their publication in the annual collection of statutes; (2) proclamations of Acts; (3) regulations made by the Government, a minister or a group of ministers and of Government agencies and semipublic agencies described by the Charter of the French language (chapter C-11), which before coming into force must be approved by the Government, a minister or a group of ministers; (4) decisions of the Conseil du trésor and ministers orders whose publications in the Gazette of cielle du Québec is required by law or by the Government; (5) regulations and rules made by a Government agency which do no require approval by the Government, a minister or a group of ministers to come into force, but whose publication in the Gazette of cielle du Québec is required by law; (6) rules of practice made by judicial courts and quasijudicial tribunals; (7) drafts of the texts mentioned in paragraph 3 whose publication in the Gazette of cielle du Québec is required by law before their adoption or approval by the Government. French edition In addition to the documents referred to in paragraphs 1 to 7 above, the French version of the Gazette of cielle du Québec contains the orders in council of the Government. Rates * 1. Annual subscription: Printed version Partie 1 Avis juridiques : $480 Partie 2 Lois et règlements : $656 Part 2 Laws and Regulations : $ Acquisition of a printed issue of the Gazette of cielle du Québec: $10.26 per copy. 3. Publication of a notice in Partie 1: $1.65 per agate line. 4. Publication of a notice in Part 2: $1.09 per agate line. A minimum rate of $241 is applied, however, in the case of a publication of fewer than 220 agate lines. * Taxes not included. General conditions The Division of the Gazette of cielle du Québec must receive manuscripts, at the latest, by 11:00 a.m. on the Monday preceding the week of publication. Requests received after that time will appear in the following edition. All requests must be accompanied by a signed manuscript. In addition, the electronic version of each notice to be published must be provided by , to the following address: gazette.of For information concerning the publication of notices, please call: Gazette of cielle du Québec 1000, route de l Église, bureau 500 Québec (Québec) G1V 3V9 Telephone: Fax: Internet: gazette.of Subscriptions For a subscription to the Gazette of cielle du Québec in paper form, contact the customer service. Les Publications du Québec Customer service Subscriptions 1000, route de l Église, bureau 500 Québec (Québec) G1V 3V9 Telephone: Toll free: Fax: Toll free: All claims must be reported to us within 20 days of the shipping date. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 2, 2014, Vol. 146, No Table of Contents Page Regulations and other Acts Approval of Éco Entreprises Québec s 2014 schedule of contributions for the containers and packaging and printed matter classes Computation of the maximum yield of the school tax Certificates of qualification and apprenticeship regarding gas, stationary engines and pressure vessels (Amend.) Certificates of qualification and apprenticeship in electricity, pipe fitting and mechanical conveyor systems mechanics in sectors other than the construction industry (Amend.) Trapping activities and fur trade (Amend.) Salmon fishing controlled zones (Amend.) Aquaculture and sale of fish (Amend.) Professional Code Diplomas issued by designated educational institutions which give access to permits of specialist s certificates of professional orders (Amend.) Professional Code Committee on training of sexologists Tariff of court costs in penal matters (Amend.) Tariff of fees and transportation expenses of bailiffs (Amend.) Professional Code Diplomas issued by designated educational institutions which give access to permits of specialist s certificates of professional orders (Amend.) Eligibility and registration of persons in respect of the Régie de l assurance maladie du Québec (Amend.) Hearing devices and insured services (Amend.) Selection procedure and training of investigators of the Bureau des enquêtes indépendantes Bus Leasing (Amend.) Reimbursement of certain expenses (Amend.) Licences (Amend.) Special Road Train Operating Permits (Amend.) Concrete pumps and distribution masts (Amend.) Safety Code for the construction industry (Amend.) Authorize the operation of off-highway vehicles over a portion of chemin Poisson-Blanc under the management of the Minister of Transport Superior Court Civil Matters Family Matters (Amend.) Draft Regulations Health Insurance Act Forms and statements of fees under the Act Professional Code Court bailiffs Diplomas issued by designated educational institutions which give access to permits of specialist s certificates of professional orders Professional Code Podiatrists Committee on training of podiatrists Transport Roads under the management of the Minister of Transport Notices Montagnes-Vertes Nature Reserve (Conservation de la nature Canada) Recognition Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 2, 2014, Vol. 146, No Regulations and other Acts Gouvernement du Québec O.C , 18 June 2014 Environment Quality Act (chapter Q-2) Approval of Éco Entreprises Québec s 2014 schedule of contributions for the containers and packaging and printed matter classes WHEREAS sections to of the Environment Quality Act (chapter Q-2) establish a regime intended to compensate municipalities for the net costs of the services they provide for the recovery and reclamation of residual materials; WHEREAS, under section of the Environment Quality Act, Éco Entreprises Québec, as a certified body for the containers and packaging and printed matter classes, may collect from its members and from persons who, without being members, carry on activities similar to those carried on by the members where the classes of materials are concerned, the contributions necessary to remit the full amount of compensation and to indemnify the body for its management costs and other expenses incidental to the compensation regime; WHEREAS, under Order in Council dated 14 February 2007, the Regulations Act (chapter R-18.1) does not apply to the proposed schedules or schedules of contributions established under section of the Environment Quality Act; IT IS ORDERED, therefore, on the recommendation of the Minister of Sustainable Development, Environment and the Fight Against Climate Change: THAT the schedule of contributions established by Éco Entreprises Québec, entitled 2014 schedule of contributions for the containers and packaging and printed matter classes, for 2014, attached to this Order in Council, be approved. JUAN ROBERTO IGLESIAS, Clerk of the Conseil exécutif WHEREAS, under section of the Environment Quality Act, the contributions payable must be established on the basis of a schedule of contributions to be approved by the Government and the schedule of contributions may provide for exemptions or exclusions and specify the terms according to which the contributions are to be paid to the certified body; WHEREAS, under section of the Environment Quality Act, Éco Entreprises Québec conducted a special consultation of the persons concerned before determining such a schedule and submitting it to the Government for approval; WHEREAS, under section of the Environment Quality Act, RECYC-QUÉBEC must give an opinion to the Government on the advisability of approving the schedule of contributions proposed by a certified body and a favourable opinion was given by RECYC-QUÉBEC as regards the 2014 schedule of contributions established by Éco Entreprises Québec; 1358 GAZETTE OFFICIELLE DU QUÉBEC, July 2, 2014, Vol. 146, No. 27 Part Schedule of Contributions for Containers and Packaging and Printed Matter Classes RULES GOVERNING THE FEES AND CONTRIBUTION TABLES March 28, 2014 Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 2, 2014, Vol. 146, No TABLE OF CONTENTS PREAMBLE DEFINITIONS 1.1 DEFINITIONS DESIGNATION OF PERSONS SUBJECT TO PAYING A CONTRIBUTION 2.1 TARGETED PERSONS 2.2 EXEMPTED PERSONS 2.3 VOLUNTARY CONTRIBUTOR 2.4 PUBLICATION OF THE NAMES OF TARGETED PERSONS 3. DESIGNATION OF CLASSES OF MATERIALS REQUIRING A CONTRIBUTION AND EXCLUSIONS IN THE SCHEDULE 3.1 CONTAINERS AND PACKAGING : GENERAL DEFINITION 3.2 CONTAINERS AND PACKAGING INCLUDED IN THE PAYABLE CONTRIBUTION 3.3 CONTAINERS AND PACKAGING EXCLUDED FROM THE PAYABLE CONTRIBUTION 3.4 PRINTED MATTER : GENERAL DEFINITION 3.5 PRINTED MATTER INCLUDED IN THE PAYABLE CONTRIBUTION 3.6 PRINTED MATTER EXCLUDED FROM THE PAYABLE CONTRIBUTION 4. DETERMINATION OF CONTRIBUTION AMOUNTS AND PAYMENT 4.1 PAYABLE CONTRIBUTION AND REFERENCE YEAR FOR THE CALCULATION OF THE CONTRIBUTION 4.2 LUMP SUM PAYMENT OPTION 4.3 DATES OF PAYMENT OF THE CONTRIBUTION 4.4 INTEREST, ADMINISTRATION FEES AND PENALTIES 4.5 PLACE AND METHOD OF PAYMENT 5. REGISTRATION AND REPORTING BY TARGETED PERSONS 5.1 REGISTRATION AND REPORTING BY TARGETED PERSONS 5.2 BILLING, CREDITS AND REIMBURSEMENT 5.3 VERIFICATION AND CONSERVATION OF FILES 6. DISPUTE RESOLUTION 6.1 PROCEDURE 7. ADJUSTMENTS 7.1 ADJUSTMENTS 8. EFFECTIVE DATE AND DURATION 8.1 EFFECTIVE DATE 8.2 DURATION APPENDIX A: 2014 CONTRIBUTION TABLE APPENDIX B: TARGETED PERSON REGISTRATION FORM APPENDIX C: FORM FOR THE MATERIALS REPORT Specific questions on the type of Materials marketed Required supplementary documents Confirmation of certain obligations Authorization to disclose 1360 GAZETTE OFFICIELLE DU QUÉBEC, July 2, 2014, Vol. 146, No. 27 Part 2 PREAMBLE The Environment Quality Act (chapter Q-2) (the Act ) provides for provisions with respect to the compensation to municipalities for the services that the latter offer to ensure the recovery and reclaim of residual materials designated in the Regulation respecting compensation for municipal services provided to recover and reclaim residual materials (chapter Q-2, r.10) (the Regulation ). This Regulation specifies the basic principles and main orientations regarding the contribution of the enterprises to the financing of recycling services. Pursuant to section of the Act, a body certified by the Société québécoise de récupération et de recyclage shall remit to the Société québécoise de récupération et de recyclage the amount of the monetary compensation owed to municipalities. In order to fulfill this obligation, the certified body may, pursuant to section of the Act, collect from its members and from persons who or which, without being members, carry on similar activities to those carried on by the members in relation to the designated materials or classes of materials, the contributions necessary to remit a) the amount of compensation determined by the Société québécoise de récupération et de recyclage, including the interests, administrative fees and applicable penalties, as the case may be, b) the amount necessary to indemnify the certified body for its management costs and other expenses related to the compensation regime, as well as, c) the amount payable to the Société québécoise de récupération et de recyclage as per section of the Act. From this approach, the certified body also has the responsibility, pursuant to section , to prepare and propose a schedule covering up to a period of three years and in conformity with the objectives of the Act. The proposed rules in this schedule must be approved by the Government, and are afterwards published in the Gazette officielle du Québec. It is in this context that Éco Entreprises Québec (ÉEQ) was recertified on February 15, 2012, to represent persons having an obligation to compensate for the containers and packaging and printed matter classes of materials, and collect from the latter the monetary compensations that will be remitted to municipalities. The Act dictates a number of requirements guiding ÉEQ s actions in the preparation of the Contribution Table for the enterprises, which are : The payable contributions must be established on the basis of a schedule that has been the subject of a special consultation with the Targeted Persons ; The criteria taken into account to determine the schedule must evolve over the years in order to foster the accountability of the various classes of persons in regards to the environmental consequences of the products they manufacture, market, distribute or commercialize or the materials they otherwise generate, having regard to the content of recycled materials, the nature of materials used, the volume of residual materials produced and their potential for recovery, recycling and other forms of development. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 2, 2014, Vol. 146, No As for the Regulation, it specifies various aspects of the Act: more particularly, it specifies the minimal framework applicable to the schedule, namely by establishing certain exemptions to the benefit of certain persons in respect of certain materials or, conversely, by targeting persons that alone may be required to pay contributions in respect of certain materials, as stipulated in the third (3 rd ) paragraph of section 1 of the Regulation. Section of the Act states that the schedule may provide for exemptions and exclusions and may specify the terms according to which the contributions are to be paid to ÉEQ. The schedule prepared and proposed by ÉEQ has been drafted in a way to include all the elements enabling a person to determine its liability, to understand the scope of its obligations, to determine the amount of the payable contribution. In order to reach all those clarity and conciseness goals in a sole document, ÉEQ has reproduced certain provisions of the Act and the Regulation and also proposes a section covering the definitions of the terms used. In the same concern for clarity, ÉEQ proposes explanations to targeted persons that are available on its website at ÉEQ favours alternative modes of dispute resolution, particularly arbitration, with respect to the quantity or type of materials that must be taken into account in the report to be submitted. In this context, the procedural rules favoured by ÉEQ are those found in the administrative guide entitled Mediation and Arbitration Rules that are also available on its website at During the time where ÉEQ is in possession of information that has been transmitted in the scope of the compensation regime, ÉEQ shall see to it that all agreed upon means are put in place to ensure the safety and confidentiality, and ensure the respect of all other obligations provided for by the applicable laws pertaining to the confidentiality and conservation of this information. The document hereafter constitutes the 2014 Schedule for Containers and Packaging and Printed Matter Classes (the Schedule ) proposed by ÉEQ for approval by the government. 1362 GAZETTE OFFICIELLE DU QUÉBEC, July 2, 2014, Vol. 146, No. 27 Part 2 1. DEFINITIONS 1.1 DEFINITIONS In the Schedule, unless the context indicates otherwise, the following words and expressions mean or refer to: a) Classes of Materials : two of the three classes of materials targeted by the Compensation Regime, specifically containers and packaging and printed matter that are marketed in Québec and for which, for the purposes of the contribution, exclusions are prescribed under chapter 3 of the Schedule; b) Materials : containers, packaging, or printed matter included in a Class of Materials and that are listed in Appendix A, column 3 of the Table found in the Schedule; c) Act : the Environment Quality Act (chapter Q-2), as amended from time to time; d) Targeted Person : a person obligated by the Compensation Regime and subject, for the purposes of the contribution, to exemptions and other terms prescribed under chapter 2 of the Schedule; e) First Supplier : means a person who has a domicile or establishment in Québec and is the first to take title, or possession, or control, in Québec, of printed matter described in the Schedule or a Product whose container or packaging is also described in the Schedule; f) Product : good or service intended for consumers, whether directly or indirectly sold or provided otherwise; g) Compensation Regime : the compensation regime prescribed by chapter 1, Division VII, subdivision 4.1 of the Act and by the Regulation, as amended from time to time; h) Regulation : The Regulation respecting compensation for municipal services provided to recover and reclaim residual materials (chapter Q-2, r.10); i) Retailer : means a person which principal activity consists in the operation of one or several retail outlet(s) for the benefit of consumers; j) Brand : means a mark that is used by a person for the purpose of distinguishing or so as to distinguish Products or services manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others, but does not include a certification mark within the meaning of section 2 of the Trademarks Act, (R.S.C. 1985, c. T-13); k) Distinguishing Guise : means the shaping of containers or packaging, the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish Products manufactured, sold, leased, hired or performed by the person from those manufactured, sold, leased, hired or performed by others; Part 2 GAZETTE OFFICIELLE DU QUÉBEC, July 2, 2014, Vol. 146, No l) Name : means the name under which any business is carried on, whether or not it is the name of a legal person, a partnership or an individual; m) Newspapers : one of the three classes of material also stipulated in the Regulation, but not targeted by the Schedule, and represented by RecycleMédias; n) Reference Year : time period from January 1 to December 31 of a calendar year for which a Targeted Person must submit the quantities of Materials for the establishment of the payable contribution related to the corresponding Obligation Year; o) Obligation Year : year for which a Targeted Person is required to pay the payable contribution established on the basis of the Materials it marketed during the Reference Year defined in the Schedule. 2. DESIGNATION OF PERSONS SUBJECT TO PAYING A CONTRIBUTION 2.1 TARGETED PERSONS The persons referred to in sections 3 and 6 of the Regulation, that are the owners of a Brand, a Name or
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