In June 2022, Quebec’s Ministère de l’Environnement et de la Lutte contre les changements climatiques passed the Regulation respecting the recovery and reclamation of products by enterprises.

CAAR has received communications from Cleanfarms on this issue which is currently reviewing the Regulation.

Included in its many provisions, the Quebec legislation places regulatory obligations on companies who supply products and packaging to farmers.

The obligations will help keep a wider variety of ag plastics out of the environment and reincorporated into the economy. This aligns with the agricultural sector’s commitment to good end-of-life stewardship.

Section 53.0.8. 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.

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’.

Cleanfarms, in partnership with ag-retailers, says that it 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 Cleanfarms 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.

For more information, please contact Mitch at 204-989-9303.