What types of lamps are captured by the provincial regulation and included in Product Care Association’s (PCA) RecycFluo program?
  • All mercury-containing lamps, including fluorescent tubes, CFLs and HID lamps
  • Supply/sales to all users in Québec, including the residential, institutional, commercial and industrial sectors

  • Sales through all channels of distribution, including Internet sales and drop shipments

  • The following table illustrates the fee categories for the program.  

Light category (updated April 1st 2016)

Typical Size
1
Fluorescent tubes or UV (A or B) tubes measuring 2 feet or less
2 feet
2
Fluorescent tubes or UV (A or B) tubes measuring more than 2 feet and less than 4 feet
4 feet
3
Fluorescent tubes or UV (A or B) tubes measuring more than 4 feet
8 feet
4
Compact Fluorescent Lights (CFL)
CFL
5
High Intensity Discharge (HID) and Other: Includes all mercury containing HID technologies, such as High Pressure Sodium, Mercury Vapour and Metal Halide, as well as mercury containing UV-C, Germicidal, UHP replacement lamps (projector etc.), mercury containing neon replacement lamps, xenon lamps, etc.
n/a
Note:Only mercury containing lamps are included in the program; any lamp type listed above
that does not contain mercury is excluded from the program.
Who are the obligated "enterprises" under the regulation?

Provincial regulation provides relevant language on the obligated businesses that must join an accredited industry-managed program (i.e. Product Care Association’s program) or develop their own program. Generally speaking, this obligation falls on the brand owner or “first supplier” of products in the province of Québec. “First supplier” means an enterprise having a domicile or establishment in Québec (i.e. a physical location) that acquires a covered product outside Québec in order to market it in Québec. The first supplier is the enterprise located in Quebec that is the most upstream in the distribution chain in province. Thus, a first supplier can be an importer, broker, wholesaler, distributor, retailer or any other stakeholder in Québec that first intervenes in a product’s distribution chain.

In order to help you determine if you are an obligated enterprise, you can access  the following “decision trees”:

Slide 21 of the Guidelines on the regulation respecting the recovery and the reclamation of products by enterprises on the producers’ broaden responsibility (French only)

Page 162 of Regulation Guidelines (English)

The following is an excerpt from the regulation.

Every enterprise that markets a new product referred to in this 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 developed in accordance with section 5, 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 provided for in the first paragraph 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 Québec, 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 Québec;

(2) the enterprise that markets the product acquires the product outside Québec, regardless of whether the enterprise owning or using the brand, name or distinguishing guise has a domicile or establishment in Québec; or

(3) a product does not bear any brand, name or distinguishing guise.

Further detailed information on these requirements and definitions, including information on remote orders, brand owners located in Québec etc., can be found in the English Regulatory Guide.  

What are the obligations of regulated enterprises?

The Québec regulation respecting the recovery and reclamation of products by enterprises obligates all regulated enterprises (see above) of mercury-containing lamps to either operate or be a member of an approved program to recover and reclaim end-of-life mercury-containing lamps in Québec. The program must be funded by these enterprises to provide a collection and recycling option for all generators of mercury-containing lamps in Québec, pursuant to the collection system requirements outlined in the regulation.

Product Care Association (PCA) is a non-profit association and has registered in Québec under the name Association des Producteurs Responsables (APR). PCA has now finalized an agency agreement with RECYC-QUÉBEC, the oversight agency in Québec for product stewardship programs, as an organization that can implement a “recovery and reclamation system” for mercury-containing lamps on behalf of its members, pursuant to the regulation. Any enterprise that is obligated under the regulation is invited to join the PCA program in order to satisfy the requirements of the regulation.

Members of the program agree to report, on a monthly basis, their sales of program applicable products to PCA and remit applicable recycling fees on those sales after October 1, 2012, except in cases where another member agrees to report/remit fees on their behalf (see below). Formal membership in PCA is still required even if another member will be reporting sales/remitting fees on behalf of that obligated enterprise. A remitter agreement is required for PCA program membership.

Each company that is obligated under the regulation was required to notify Ministère du Développement Durable, de l’Environnement, de la Faune et des Parcs (Recyc-Québec) by April 14, 2012 of their intention to start their own program or to join an accredited industry-managed program such as the PCA program. It is not too late to act. Obligated companies must inform RECYC-QUÉBEC of their intention as soon as possible and complete Product Care’s membership process, unless they are operating their own program accredited by RECYC-QUÉBEC. See below for more information on how to join the PCA program to fulfill this regulatory requirement.

How do I join the RecycFluo program and inform Recyc-Quebéc of my intention to participate in this program?

Any enterprise that is obligated under the provincial regulation is invited to join the Product Care Association (PCA) program in order to satisfy the requirements of the provincial regulation. It is not necessary to act as a return collection site to become a member of PCA.

Existing PCA members must extend their membership to Québec on www.ecofeereporting.com

Companies which are not already a member of another PCA program must submit their application on www.ecofeereporting.com. Please indicate whether the membership is for the Québec lamps program (RecycFluo) only or other programs as well. For more information, please email at

Each company that is obligated under the regulation was required to notify Recyc-Québec by April 14, 2012 of their intention to start their own program or to join a recognized industry-managed program such as the PCA program. It is not too late to act. Obligated companies must inform RECYC-QUÉBEC of their intention as soon as possible and complete PCA’s membership process, unless they are operating their own program recognized by RECYC-QUÉBEC. See below for more information on how to join the PCA program to fulfill this regulatory requirement.

Who in the supply chain is reporting sales/remit fees to the program? What is a “voluntary contributor”?

The Regulation places financial responsibility for the program on the brand owner or “first supplier” in Québec. Accordingly, in the RecycFluo program, the responsible enterprise is required to report sales/remit fees to the program, except in cases where another member (either “upstream” or “downstream”) has agreed to report these sales/remit fees on their behalf. Product Care Association (PCA) permits flexibility in terms of which company in the supply chain will report sales/remit fees to the program, though all legally obligated enterprises must formally join the program as a member. PCA requires the use of a “Remitter Agreement” between members in order to clarify which company remit recycling fees to the program.

Any member may report sales/remit fees on behalf of one or more other members, regardless of who in the supply chain is actually the obligated enterprise. Sometimes it is more practical for a company that is not the legally obligated enterprise to join the program as a member to report on their sales (sometimes called a "voluntary contributor") to customers classified as obligated enterprises. As stated, the program is flexible in terms of which company in the supply chain reports applicable sales/remits fees, so long as there is assurance that the program receives the eco-fee for every program product sold in the province.

For example, a manufacturer may ship to a distributor or retailer (who may or may not be in Québec) and only the distributor or retailer knows the quantity actually sold in the province. In this case, the distributor or retailer may choose to report and remit eco-fees on these sales to the program directly (as well as the sale of other brands, if agreed upon with those suppliers). The manufacturer would therefore not report and remit fees on sales to that distributor or retailer, but may still report/pay on sales to other Québec customers.

In other cases, a manufacturer may "ship to store" for many Québec based retailers or distributors and is aware of the quantity sold by each retailer or distributor in the province. As a service to its retail or distributor customers, a manufacturer may agree to report to PCA on the aggregate of all Québec sales to these customers and remit the recycling fees, and the customers do not.

In any of the scenarios outlined above, members may "pass through" the fees on to their customers, provided the cost of the fees is internalized in the product itself (see discussion on visible fees above).

Manufacturers need to communicate with each of their customers (retailers, distributors etc.) that are located in Québec or that sell products into Québec to determine who is in the best position to report sales/remit fees. Similarly, each retailer and distributor need to speak with their suppliers to determine who is in the best position to report sales/remit fees. Product Care requires the use of a “Remitter Agreement” between members in order to clarify which company  remit eco fees to the program.

Recyling Fee Flow Chart:

The following chart illustrates recyling fee remittance pathways discussed above.


 

Legend

A – Fee remittance pathway A
Manufacturer reports quantity sold/remits fees directly to the program. Manufacturer recovers fee on wholesale invoice to retailer/dealer. Retailer/distributor ultimately recovers fee from consumer as part of product price – fee may be visible or invisible at retailer/distributor option.

B -  Fee remittance pathway B
Retailer/distributor reports quantity sold/remits fees directly to the program. Retailer/distributor informs all suppliers of this, so suppliers do not report/recover fees on sales to that retailer/distributors however they may report/pay fees to the program for other customers via fee remittance pathway A.

C – Pass through of fee to Consumer
In both A and B, the retailer/distributo may (but is not required to) pass the fee on to the consumer as a visible or invisible fee. In this way, the consumer « reimburses » the retailer/distributor for the cost of the fee that has been remitted to the program.

D – Program Cost
Product Care uses the fee revenue to pays all costs associated with delivering the program.

What are “recycling fees” and why are they required? How much are the fees?

The program  is funded by "recycling fees" applied to the sale or supply of new mercury-containing lamps on a per-unit sold basis since October 1, 2012. These fees are paid to Product Care Association (PCA)/Association des Producteurs Responsables (APR) by the program members (manufacturers, distributors, retailers, etc.) and  are used by PCA/APR to fund all RecycFluo program costs including the collection, transportation and recycling of end-of-life products. Members have the option of “passing on” these fees to their customers, though the Québec regulation limits the use of “visible fees.”

Member “recycling fee” obligations commenced October 1, 2012.

The following table lists fee categories and rates, effective October 1, 2012 in Québec. Members should be discussing the fees and how they will be applied, reported and paid with their suppliers and/or customers. As a reminder, the Québec regulation limits the use of visible fees in the supply chain.

Light category (updated April 1st 2016)

Typical SizeFee Per Unit
1
Fluorescent tubes or UV (A or B) tubes measuring 2 feet or less
2 feet$0.30
2
Fluorescent tubes or UV (A or B) tubes measuring more than 2 feet and less than 4 feet
4 feet$0.50
3
Fluorescent tubes or UV (A or B) tubes measuring more than 4 feet
8 feet$1.00
4
Compact Fluorescent Lights (CFL)
CFL$0.20
5
High Intensity Discharge (HID) and Other: Includes all mercury containing HID technologies, such as High Pressure Sodium, Mercury Vapour and Metal Halide, as well as mercury containing UV-C, Germicidal, UHP replacement lamps (projector etc.), mercury containing neon replacement lamps, xenon lamps, etc.
n/a$1.10
Note:Only mercury containing lamps are included in the program; any lamp type
listed above that does not contain mercury is excluded from the program.
What about lamps integrated into lighting fixtures or other products?

Effective October 1, 2012 recycling fees applied only to mercury-containing lamps sold separately from fixtures or other products, as replacement lamps.

As of July 14, 2013 the Québec regulation included “component” lamps from the requirements of the Regulation.  Accordingly, recycling fees have applied to replaceable mercury-containing lamps sold integrated into lighting fixtures since July 14, 2013. As of October 2013, RecycFluo has collected recycling fees for these newly included products.

In order to understand the recycling fees applied to mercury-containing light bulbs included as a component of another product (fixtures, vehicles, etc.) as of October 2013, please click here.

What are the rules related to the display of recycling fees in Québec?

The terms recycling fees or environmental handling fees are sometimes used to describe the fees paid to the RecycFluo program by its members on the sale of products captured by the provincial regulation respecting the recovery and disposition of products by enterprises. To ensure consumer comprehension and message consistency, Product Care Association (PCA) recommends the use of the term recycling fees.

Companies subject to the provincial regulation have the option of “passing-on” the program recycling fees to their customers or “absorbing” the cost of the fees. All recyling fees are remitted to RecycFluo in order to fund the program.

For more information regarding the display of eco-fees, please refer to Article 7 of the Regulation or to the Regulation Guidelines.

How are fees be reported to Product Care Association (PCA) by program members? Is the fee subject to tax?

Reporting is done on a monthly basis using an online reporting system. Reports and fee remittances are due by the end of the month following the reporting period (e.g. sales in October of a given year must be reported and received by the Program before the end of November of the same year). The recycling fee is subject to sales tax, as it is considered to be a part of the price of designated products.

What about pre-program sales and contracts signed by members for the supply of lamps?
Other programs – What is happening in other jurisdictions?

Do you also sell lamps, fixtures and/or ballasts (residential or commercial use) in British Columbia or residential-use fluorescent lamps in Manitoba?

Product Care Association (PCA) operates approved programs in these provinces as well, in response to provincial regulations. An overview of Canada’s lighting regulations and PCA’s Lighting Programs can be found here.

If you are doing business in BC or Manitoba, but are only registered for Québec, please contact the appropriate program coordinator as soon as possible:

 British ColumbiaManitobaQuebec
Contact InformationDaniel Rotman
Program Coordinator
daniel
778.331.1012
1.877.592.2972 x358
Daniel Rotman
Program Coordinator​
daniel
778.331.1012
1.877.592.2972 x358
Catherine Turcotte
Program Coordinator
catherine@productcare.org
514.940.4913
1.888.604.2624
I have more questions, who do I contact?

For more information on the program, please contact:

 

Catherine Turcotte

catherine@productcare.org

514.940.4913
1.888.604.2624

How and since when mercury-containing lamps are collected from consumers and commercial users?

Note: Product Care has distributed a Request for Expressions of Interest (REOI) to potential collection sites. See the Service Providers page for more information.

The QC Regulation requires a collection system to be in place for all mercury-containing lamps that allows the generators of these products to recycle them without charge. The program recognizes that different collection systems may be needed depending on the type of use (residential or commercial), and the quantity involved.

PCA/AGRP has acquired the existing collection system “RecycFluo” from the Federation des Municipalites du Quebec, and is using the name “RecycFluo” as the program name in Quebec. PCA/AGRP's collection system commenced in two phases:

  • July 14, 2012 some municipalities and retailers collected residential-use mercury-containing lamps.
  • October 1, 2012 specific collection sites were dedicated to institutional, commercial and industrial sources of mercury-containing lamps.

Note that it is not necessary to act as a collection site in order to be a member of the PCA/AGRP program, however anyone interested in providing collection site services should contact PCA/AGRP (see below).

Since October 1, 2012, the program offer the following options:

1. Residential-Volume Drop-off System:

This system comprise about 400 collection sites (including municipalities and retailers) where consumers can drop off up to 16 residential-use mercury-containing lamps per visit.

2. Commercial-Volume Drop-Off System:

Since October 1, 2012, the program employ a system of collection sites for the collection of mercury-containing lamps in quantities normally generated by commercial generators. There is no charge to drop off accepted products. The sites are available to electrical contractors, re-lampers, building managers and any other generator of commercial volumes of these products.

3. Large Volume Direct Service Collection System:

For large volumes, we provide on-site pickup services.

Collection System Development and Interested Parties:

Product Care is currently working to develop the collection network described above. For those interested in acting as a collection site, transporter or recycler, please see the Service Providers page