Member support centre

Member FAQ

• What is a member?

  A member is a manufacturer, retailer or distributor who imports or markets regulated mercury-containing lamps in Quebec and who participates in the program in order to comply with the current regulation.

• What obligations do businesses subject to the Regulation have?

  The Regulation requires obligated businesses to either implement their own recovery and reclamation program, or to register with an industry-managed program, such as the Recyc-Fluo programoperated by Product Care Association (PCA).

  PCA is the only organization accredited by Recyc-Québec for the implementation of a recovery & reclamation program for mercury-containing lamps in Québec since the Regulation was introduced in 2012 . In Québec, PCA is known as l’Association pour la Gestion Responsable des Produits (AGRP); PCA is a not-for-profit organization.

  After joining PCA, member enterprises are required to declare the quantity of the obligated product supplied during the reporting period, and remit the Environmental Handling Fees (EHFs) collected on these sales in the 30 days following the reporting period.

  Be advised

  It is possible for two companies in the supply chain to make an agreement as to which of the companies will report the sales and to remit the EHFs from obligated products. Both the legally obligated business and the business accepting responsibility of the declaration and remittance must be members of the PCA program.

  It’s never too late to comply with the Regulation – all obligated businesses are invited to join PCA’s RecycFluo program.

• What kind of lamps are covered by the Quebec's Regulation and included in RecycFluo's program?

  The program includes only mercury-containing lamps in the following kinds of lamps:

  • All mercury-containing lamps: fluorescent tubes, compact fluorescent bulbs (CFLs), and High-Intensity Discharge (HIDs).
  • All lamps sold on the Québec market, (no exceptions) intended for Residential, Institutional, Commercial and Industrial (ICI) clients.
  • All lamps put on the Québec market across all distribution chains, including online sales and direct delivery
  • All mercury-containing lamps included in a non-targeted product

   

• What businesses are obligated by the Regulation?

  The Regulation (Chapter II, Section 2) prescribes which businesses must participate in an accredited industry-managed program (i.e., the PCA program) or must set up their own program.  The obligation falls on the first suppliers/brand owners of the products in the province of Quebec.

  A first supplier means a business having a domicile or establishment in Québec (i.e. a physical address) which acquires a product outside of Québec with the intent to sell or supply it in Québec. The first supplier is the business which is the highest in the Québec distribution chain, regardless whether it is an importer, a manufacturer, a broker, a wholesaler, a retailer or any other stakeholder in Québec.

• Is my business subject to the Regulation?

  Please use the decision tree below in order to determine if your business is subject to the Regulation.

  Does your company sell an obligated product on the Québec market, either as a stand-alone product, a replacement product or a component of another product?

  1. No — Your business is not subject to the Regulation
  2. Yes — Proceed to next question

  Does your company own or use the trademark of the product OR did your company acquire the product outside of Quebec?

  1. No — Your business is not subject to the Regulation
  2. Yes — Your business is subject to the Regulation

  Source: Diapositive 21 du Guide d’accompagnement du règlement sur la récupération et la valorisation de produits par les entreprises selon une approche de responsabilité élargie des producteurs

  Further information on the definitions and requirements is available in the Guide d’application du Règlement sur la récupération et la valorisation de produits par les entreprises (Q-2, r.40.1) (available in French only).

• What obligations do businesses subject to the Regulation have?

  The Regulation requires obligated businesses to either implement their own recovery and reclamation program, or to register with an industry-managed program, such as the Recyc-FLuo programoperated by Product Care Association (PCA). All businesses subject to the Regulation must inform Québec’s Environment Ministry (Recyc-Québec) of their intention.

  PCA is the only organization accredited by Recyc-Québec for the implementation of a recovery & reclamation program for mercury-containing lamps in Québec since the Regulation was introduced in 2012 . PCA, also known as l’Association pour la Gestion Responsable des Produits (AGRP) in Québec, is a not-for-profit organization. After joining PCA, member enterprises are required to declare the quantity of the obligated product supplied during the reporting period, and remit the Environmental Handling Fees (EHFs) collected on these sales in the 30 days following the reporting period.

  It is possible for two companies in the supply chain to make an agreement as to which of the companies will report the sales and to remit the EHFs from obligated products. Both the legally obligated business and the business accepting responsibility of the declaration and remittance must be members of the PCA program. It’s never too late to comply with the Regulation — all obligated businesses are invited to join PCA’s RecycFluo program.

• How do I register for PCA’s RecycFluo program and inform Recyc-Québec of my membership?

  Every business subject to the Regulation is invited to join PCA program in order to meet their regulatory requirements. Note: It is not mandatory to become a collection site to become a member of the RecycFluo program.

  Businesses who are existing members of Product Care must extend their registration to the province of Québec through the declaration portal https://ehfreporting.com/

  Businesses who are not existing members of Product Care must register at https://ehfreporting.com/ and indicate which program, and for which business, they wish to register for. For further information, please contact info@recycfluo.ca

  Following your registration, PCA, in your name, will notify Recyc-Québec regarding your participation in the program.

• Who, in the supply chain, is responsible for declaring sales and remitting the Environmental Handling Fees (EHFs) to the program?

  In accordance with the Regulation, the financial responsibility of the program rests with the first supplier/brand holder of the obligated product in Québec. In addition, the business which is legally subject to the Regulation is obligated to report the sales and remit the EHFs to the program except if another member (located higher or lower on the supply chain) accepts to declare the sales and remit the EHFs in the name of the first supplier/brand holder.

  Although PCA is flexible regarding which business is responsible for declaring sales and remitting EHFs to the program, note that all businesses must register/become members of the program.

  PCA recommends signing a Remitter Agreement between the different members in order to identify who the responsibility for the declaration and remittance falls to. It is sometimes more practical for a business who is not legally subject to the Regulation (known as a “volunteer contributor”) to join the program to declare sales for clients or businesses who are subject to the Regulation.

  Example situations:

  1. A manufacturer delivers, either to a distributor or a retailer (situated or not in Québec), and the recipient alone knows the actual quantities of the products in question sold in the province. Therefore, the distributor or retailer may choose to declare the sales and remit the Environmental Handling Fees (EHFs) to the program (as well as the sales of products of other brands if accepted by the manufacturer in question).

  In this situation, the manufacturer is not required to declare or remit the sales of targeted products by the distributor, to the program. He may declare the sales for his other Québec clients.

  2. The manufacturer delivers directly to retailers or to distributors and, as a result, knows the exact number of targeted products sold by each retailer or distributor in the province.

  In this situation, the manufacturer can proceed to declare the totality of sales made to his clients and remit the EHFs. His retailer clients or distributors do not need to declare and remit the EHFs. They offer a “supplemental” service to their clients who don’t need to proceed to the declaration or remittance to the program.

  In both scenarios described above, member can transfer the EHFs to their clients on the condition that the cost of the EHFs become embedded in the final price of the product.

  Product Care strongly recommends that:

  • Manufacturers communicate with each of their clients (retailers, distributors, etc.) located in Québec, or who sell these products in Québec, in order to determine who is best placed to declare the sales and remit the EHFs.
  • Each retailer or distributor determine, with their manufacturers, who is best placed to declare the sales and remit the EHFs.

  Reminder:

  • The business legally subjected to the Regulation et the business accepting responsibility for the declaration and remittance must both be members of the program.
  • A Remitter Agreement between both parties must be signed in order to clearly identify who holds the responsibility of declaration and remittance.

  Outline of Environmental Handling Fees (EHFs):

  The following table illustrates the remittance of EHFs via the different avenues explained below.

  

   

  Legend:

  A – Fee remittance avenue A

  Manufacturer declares the quantities sold and remits the EHFs 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 avenue B

  Retailer/distributor reports quantity sold/remits fees directly to the program.

  Retailer/supplier informs the obligated supplier (who are also members of the program) of taking the responsibility of declaring sales and the remittance. The obligated suppliers (program members) do not declare the quantities sold to these retailers/distributors but they can declare/pay EHFs of their other clients (situation A).

  C – Pass through of fee to Consumer

  In both A and B, the retailer/distributor may (but is not required to) pass the fee on to the consumer by including it into the targeted product’s final sales price. In this way, the consumer « reimburses » the retailer/distributor and/or manufacturer for the cost of the fee that has been remitted to the program.

  D – Program Cost

  Product Care Association/L’AGRP uses the EHF revenue to absorb/pay all costs associated with managing the program.

• What are “recycling fees”? 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. Known as Environmental Handling Fees (EHFs), these fees are not a Sales Tax, they are not determined, collected or managed by the government.

  These fees are paid to Product Care Association (PCA) by the program members (manufacturers, distributors, retailers, etc.) and are used by PCA to fund all RecycFluo program costs: the collection, transportation and recycling of end-of-life products, as well as communications.

  The following table lists fee categories and rates, effective October 1, 2012 in Québec. Only mercury-containing lights are included in the program; all lamps listed below which do not contain mercury are excluded from the program.

  It is the responsibility of each member to confirm with their suppliers and/or clients on how the EHFs will be applied, declared, and paid.

• Are lamps integrated into lighting fixtures, or in other products, re also considered as obligated products?

  Yes. As of July 14th 2013 (Phase II), mercury-containing lamps integrated in a light fixture or other product (ex: a car) are subject to the Regulation. The amounts for the EHFs for mercury-containing lamps sold as a component are the same as those applied to mercury-containing lamps sold separately.

  We invite you to consult the non-exhaustive list of Phase II’s targeted products. Note: It is the responsibility of members to audit their light fixtures for any containing a mercury lamp component. Subsequently they must declare the sales on all these components, not solely the ones listed here as examples.

• What are the rules related to the display of Environmental Handling Fees (EHFs) in fees in Québec?

  Businesses subject to the Regulation have the choice of transferring the EHFs to their customers, or absorbing the cost themselves. Whichever option the business chooses, all EHFs must be remitted to RecycFluo in order to fund the program.

  Section 7 of the Regulation states that the internalization of EHFs in the final price of the product is mandatory. They cannot be added to the base (or promotional) price of the product, nor can they be considered separate from the price.

  For more information on visibility, or for examples of compliant invoices, visit http://www.environnement.gouv.qc.ca/matieres/reglement/recup-valor-entrepr/faq.htm#4

• How do I declare and remit Environmental Handling Fees to Product Care Association? Are Environmental Handling Fees subject to tax?

  Reporting is done on a monthly basis via a secure, 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 the same year).

  Environmental Handling Fees are subject to the provincial sales tax (TPS/TVQ). As the costs of conception, manufacturing, transportation and marketing are considered part of the sales price, so are Environmental Handling Fees.

• What is happening elsewhere in Canada?

  Do you also sell lighting products in Manitoba, British Columbia, or Prince Edward Island? Product Care Association (PCA), in response to provincial regulation, also manages programs in these provinces. If you sell lighting products in those provinces but you solely registered in Québec, contact us as soon as possible: 1-888-860-1654 or info@recycfluo.ca.

• How, and since when, have mercury-containing lamps been collected from consumer and commercial users?

  Québec’s Regulation requires the setup of a collection system for all mercury-containing lamps, permitting the generators of these lamps to recycle them at their end of life without additional costs. The program recognizes that different collection systems may be required depending on the type of use (residential or commercial), and the volume involved.

  PCA acquired an existing collection system “RecycFluo” from the Fédération Québecoise des Municipalités du Québec (FQM). The name of the program was kept, and under PCA the collection system was established in two phases:

  • Phase 1 – July 14^th 2012: Setup of a collection network for the residential sector. This network constitutes predominantly of municipal depots and retailers. Consumers can deposit, free of charge, up to 16 units of mercury-containing lamps (residential use) per visit.
  • Phase 2 – October 1^st 2012: Setup of a collection network for the industrial, commercial and institutional (ICI) sectors with two options.
    1. Use of a commercial collection depot. These sites are open to electrical contractors, contractors, building managers as well as all other commercial-volume generators.
    2. A direct pick-up service, offered to large-volume generators who consolidate their lamps onto a pallet (one pallet minimum).

  Regardless of your volume or quantities, our recycling options are offered free of charge.