The Regulation indicates that every enterprise that “markets” a new product referred to in the Regulation under a brand, a name or a distinguishing guise owned or used by the enterprise must recover and reclaim, or cause to be recovered and reclaimed, by means of a recovery and reclamation program, any product of the same type as the product marketed by the enterprise and that is deposited at one of its drop-off centres or for which the enterprise offers, if applicable, a collection service.
If a product is marketed under more than one brand, name or distinguishing guise, the obligation falls on the enterprise responsible for the product’s design.
Despite the first and second paragraphs, that obligation falls on the enterprise that acts as the “first supplier” of that product in Quebec, whether or not the enterprise is the importer, in the following cases:
1. the enterprise referred to in the first or second paragraph has no domicile or establishment in Quebec;
2. the enterprise that markets the product acquires the product outside Quebec, regardless of whether the enterprise owning or using the brand, name or distinguishing guise has a domicile or establishment in Quebec; or
3. a product does not bear any brand, name or distinguishing guise.
Practically speaking, in general, the obligation falls on the brand owner or the “first supplier” of the products in Quebec. “First supplier” means an enterprise having a domicile or establishment in Quebec (i.e. a physical location) that acquires a covered product outside Quebec in order to market it in Quebec. The first supplier is the enterprise located in Quebec that is the most upstream in the distribution chain in the province. Thus, a first supplier can be an importer, broker, wholesaler, distributor, retailer or any other stakeholder in Quebec that first intervenes in a product’s distribution chain.
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