Quebec’s Ministère de l’Environnement et de la Lutte contre les changements climatiques has amended its Regulation respecting the recovery and reclamation of products by enterprises, which now places regulatory obligations on companies (enterprises) that supply products and packaging to farmers.
Cleanfarms is working to help enterprises meet their obligations
Cleanfarms is currently working with RECYC-QUÉBEC to be designated as an Organisme de Gestion Reconnu (OGR). As part of this process, Cleanfarms has submitted a plan to RECYC-QUÉBEC that outlines an operational plan to recover materials and key governance, financial & administrative details.
Once Cleanfarms is designated as an OGR, enterprises (companies obligated by the regulation) can meet their regulatory obligations via membership in Cleanfarms.
Enterprises should make note of the following deadlines:
- Enterprises are required to notify RECYC-QUÉBEC how they intend to meet the regulatory requirements by March 31, 2023 by completing RECYC-QUÉBEC’s form.
- Enterprises that wish to work with Cleanfarms must register via an agreement with Cleanfarms by June 30, 2023. This agreement will be made available to enterprises that select “Will become a member of a management organization recognized by RECYC-QUÉBEC” and who identify “Cleanfarms” as the Name of Organization.
How Cleanfarms plans to deliver programs to help enterprises meet their regulatory requirements and recover agricultural plastics
| Category 1 | Category 2 | Category 3 | Categories 4 & 5 | Category 6 | Category 7 |
|---|---|---|---|---|---|
| Plastics used in hay & silage storage | Bags | Containers, drums & totes | Greenhouse film and sheeting | Maple syrup plastics | Obsolete pesticides |
| Pilots for plastics used for hay/silage preservation will gradually expand to service all regions by 2025. |
|
| Pilots will be available in 2025 with permanent programs rolling out between 2026 and 2027. | Pilots will be available in 2023 with permanent programs rolling out in 2024. | Existing programming for obsolete pesticides will be available in 2023 and new programming for treated seed will be available in 2026. |
The Regulation
What agricultural products are obligated under The Regulation?
Section 53.0.8. starting on page 1779 of The Regulation lists agricultural products and packaging that are included, organized in seven categories:
(1) sheeting, netting and twine, tubing and fittings, bags and canvas used for conserving and baling silage or hay;
(2) other bags designed and intended for agricultural purposes, such as grain bags and grain silo bags, woodchip bags known as “shavings”, supplement bags, mineral bags, fertilizer or soil amendment bags, seed bags, feed bags, peat moss bags, growing medium bags, as well as bags that have been used to market a product referred to in paragraph 7;
(3) containers designed and intended for agricultural purposes, such as canisters, tanks and barrels holding seed or sanitary supplies, fertilizer or soil amendment containers, and containers that have been used to market a product referred to in paragraph 7;
(4) plastic mulch, plastic sheeting for tunnel coverings, as well as plastics used in drip irrigation systems;
(5) floating tarpaulins or covers, plastics used to cover greenhouses, anti-insect and anti-bird netting, manure pit covers, watering mats and ground mats;
(6) plastics for maple sugar production, such as tubing, mainline tubes, fittings and spouts;
(7) Class 1 to 3A pesticides according to the Regulation respecting permits and certificates for the sale and use of pesticides (chapter P-9.3, r. 2) and seed coated with pesticides intended for non-household purposes.
What is the new obligation?
First sellers or companies that supply products and packaging to farmers, that are listed in The Regulation (« SECTION 7 PRODUITS AGRICOLES, Section 53.0.8, page 3186.), are obligated to ensure that a recovery and reclamation program is available for these products/packaging and meet administrative and performance-related requirements.
There is usually a financial commitment associated with a recovery and reclamation program.
When does the new obligation start?
The obligations start in June 2023 or June 2025 depending on the products and packaging.
- The obligations on products and packaging that are part of paragraphs/categories 1, 2, 3, 6 and 7, of section 53.0.8 start ‘no later than June 30, 2023’.
- The obligations on products and packaging that are part of paragraphs/categories 4 and 5, of section 53.0.8 start ‘no later than June 30, 2025’.
Impact on suppliers, programming and pilots in Quebec
Will this impact pesticide, fertilizer and seed companies or the programs Cleanfarms currently operates for these product lines?
Cleanfarms, in partnership with ag-retailers, already delivers industry-funded recovery and reclamation programs for items like pesticide & fertilizer containers and seed, pesticide & fertilizer bags across Quebec.
These new regulatory obligations will likely have a minor impact on how these programs are delivered on-the-ground. There will be new administrative requirements for industry (i.e., Cleanfarms members) once the regulatory obligations come into force.
Companies that supply pesticide, fertilizer and seed into Quebec who are not Cleanfarms members will need to decide how they plan to meet these new regulatory obligations.
Will this impact companies that supply other types of agricultural plastics (e.g., plastics used in hay/silage production, sanitization processes, feed mills, horticulture settings or maple syrup production)?
Yes.
Section 53.0.8. of The Regulation lists a wide variety of products and packaging organized in the following seven categories:
(1) sheeting, netting and twine, tubing and fittings, bags and canvas used for conserving and baling silage or hay;
(2) other bags designed and intended for agricultural purposes, such as grain bags and grain silo bags, woodchip bags known as “shavings”, supplement bags, mineral bags, fertilizer or soil amendment bags, seed bags, feed bags, peat moss bags, growing medium bags, as well as bags that have been used to market a product referred to in paragraph 7;
(3) containers designed and intended for agricultural purposes, such as canisters, tanks and barrels holding seed or sanitary supplies, fertilizer or soil amendment containers, and containers that have been used to market a product referred to in paragraph 7;
(4) plastic mulch, plastic sheeting for tunnel coverings, as well as plastics used in drip irrigation systems;
(5) floating tarpaulins or covers, plastics used to cover greenhouses, anti-insect and anti-bird netting, manure pit covers, watering mats and ground mats;
(6) plastics for maple sugar production, such as tubing, mainline tubes, fittings and spouts;
(7) Class 1 to 3A pesticides according to the Regulation respecting permits and certificates for the sale and use of pesticides (chapter P-9.3, r. 2) and seed coated with pesticides intended for non-household purposes.
Companies that supply these products and/or packaging, sometimes referred to as first sellers/suppliers/enterprises, will need to decide how they plan to meet these regulatory obligations.
How can I learn more about this?
RECYC-QUÉBEC, an organization that oversees recycling activity in the province, will likely organize webinars in the coming months to educate first sellers on their obligations.
Additional Information
Are there similar obligations affecting the ag industry in other provinces?
Yes.
Similar obligations exist for companies that supply plastics used in grain storage & hay/silage production and containers in other jurisdictions:
- Saskatchewan – grain storage bags, effective 2018
- Manitoba – grain storage bags and baler twine, effective 2021
- Manitoba – empty pesticide and fertilizer containers, effective 2011
- Prince Edward Island – a variety of ag plastics, effective December 2022 (tbd)
Membership in Cleanfarms, which delivers programs that meet regulatory requirements, allows first sellers to meet their obligations in these jurisdictions.
Will this impact the pilots that Cleanfarms currently operates in Quebec?
Yes. Over the past few years, Cleanfarms has worked with various MRCs, collection site partners and other stakeholders to explore ways to recover plastics used for hay/silage storage and more recently, plastics used in maple syrup production.
These pilots are generally funded through provincial and municipal funds.
These pilots could close or transition into Cleanfarms-led permanent programs depending on how first sellers choose to meet their regulatory obligations.
What is Cleanfarms’ role in these new regulatory obligations?
Cleanfarms will begin working with its current members who supply pesticide, fertilizer and seed into Quebec to become recognized as the Organisme de Gestion Reconnu (OGR), sometimes referred to as a Producer Responsibility Organization (PRO) in other jurisdictions. This will allow our current members to meet their regulatory obligations through their membership in Cleanfarms.
Longer term, we will be reaching out to companies that supply the other ag plastics mentioned in The Regulation and not currently managed by an industry-funded Cleanfarms program, to explore interest in working together.
I am already a Cleanfarms member & I would like to continue to work with Cleanfarms to meet these new requirements. What are my next steps?
Cleanfarms members are required to notify RECYC-QUEBEC how they intend to meet the regulatory requirements by March 31, 2023 via this form which offers an opportunity to specify Cleanfarms as the management organization recognized by RECYC-QUÉBEC that they would like to join as part of the third option.
