RecycleMédias is the organization that has been accredited by the Government of Québec since 2005 to represent owners of newspapers (dailies, weeklies and others) pursuant to the Environment Quality Act (the “Act”) and the accompanying regulation (the “Regulation”).
The Act and the Regulation create the legal requirement for owners of newspapers and other targeted organizations to finance their share of the net costs of municipal curbside recycling services, from a perspective of sustainable development.
WHAT YOU NEED TO KNOW
The financing of those net costs is achieved through contributions by the targeted businesses and organizations, calculated based on the materials and quantities generated (in your case, essentially newsprint).
In that context, RecycleMédias has the mission of representing the newspaper class of businesses. Following the passage and coming into force of Bill No. 88 on June 13, 2011, the Board of Directors of RecycleMédias has undertaken various procedures to meet the new requirements imposed on it.
Entities subject to the Act under the title “newspapers” are all businesses and organizations that own a brand, name or distinguishing guise and sell “newspapers” in the Québec market, i.e., any periodical devoted to current affairs and published on newsprint. If the owner has no domicile or establishment in Québec, the requirements provided for in the Act apply to the first supplier in Québec, regardless of whether that supplier is the importer (usually, a distributor).
According to our records, you are either the owner of a brand, name or distinguishing guise identifying a newspaper marketed in Québec, or are the first supplier of a newspaper or newspapers in Québec, and are therefore subject to the Act and the Regulation.
2010–2012 Schedule of Contributions
The “Schedule of Contributions” (the “Schedule”) allows a business or organisation to determine in what class it is subject to the Act and Regulations, understand the scope of its obligations, and determine the amount of its contribution. The rates tables in the Schedule are presented on an annual basis, based on the net costs of the municipal curbside recycling programs, the fees payable to RECYC-QUÉBEC, and RecycleMédias’ estimated operating costs.
The 2010–2012 Schedule was approved by the Ministry of Sustainable Development, the Environment and Parks (known by its French abbreviation “MDDEP”) and published in the Gazette officielle du Québec on May 30, 2012. It therefore came into force on June 14, 2012, i.e., 15 days after its publication in the Gazette. A copy of the final version of the 2010–2012 Schedule is attached, along with the Gazette officielle du Québec.
The Schedule provides for a cash contribution, which covers both the management fees and other expenses related to the Compensation Plan incurred by RecycleMédias and the portion of the RECYC-QUÉBEC management fees that RecycleMédias is required to pay, along with a contribution in the form of advertising purchases, which covers the amount of the compensation due to the municipalities and attributed to the “Newspapers” class.
The rates of the contributions payable for the years covered by the 2010–2012 Schedule, to cover the management fees of RecycleMédias and Recyc-Québec, are as follows:
- 2010: $3.45 per tonne
- 2011: $4.07 per tonne
- 2012: $4.15 per tonne
Note: For 2010, you have probably already paid an invoice based on a rate per tonne of $1.38. Because of the increase in the 2010 Schedule from $1.38 to $3.45$ per tonne, we are invoicing you, as applicable, the difference for 2010 (i.e., $2.07 per metric ton).
The rates of the contributions payable by a targeted business in the form of advertising purchases are as follows:
- 2010: $19.58 per tonne
- 2011: $22.38 per tonne
- 2012: $22.38 per tonne
WHAT YOU MUST DO
Requirements of targeted entities
As an entity subject to the Schedule, your immediate obligations are as follows:
Requirement Deadline Procedure
1. Register your business 90 days after the effective date of the Schedule, i.e., September 14, 2012. Go to the RecycleMédias website, recyclemedias.com, and complete the section “Create and account.”
2. Produce Materials Report for 2010 and 2011 90 days after the effective date of the Schedule, i.e., September 14, 2012. Complete the section “Declare tonnage” on the website recyclemedias.com. We suggest that you make your tonnage declaration as soon as you receive e-mail confirmation from us that your registration is complete.
3. Pay the cash contribution payable for 2010 and 2011 (minimum $50 per targeted entity) 120 days after the effective date of the Schedule, i.e., October 14, 2012. Single payment to the order of RecycleMédias.
The information relative to the contributions in advertising purchases that will be required of your company is appended. The media placement agency PUBPOINTCOM has been mandated by the Government of Québec to manage the advertising placements. Requests for space reservations will come either from that firm or directly from your national rep house.
If your marketed materials in 2010 weighed no more than a total of two tonnes, you are exempted from both the cash contribution and the contribution in advertising purchases. You remain obligated to register with RecycleMédias, however, and to produce a Materials Report for each year covered by the Schedule. If your tonnage exceeds that number, you must pay the attached invoice for 2010 and 2011.
Remember that the quantity in tonnes used to calculate the contributions due for each targeted entity, for each year covered by the Schedule, is the quantity marketed in 2010.
If you are an owner or first supplier of a foreign publication, your contribution in advertising purchases is converted to an additional cash contribution payable, subject to the same terms and conditions.
Note that you are required, pursuant to the Schedule, to conserve all documents and other media used to prepare your reports for a period of five years after the reports were transmitted. That information must be made available for consultation and copying by RecycleMédias, which is empowered to demand such additional information and to review your reports, under the terms stipulated in the Act.
CONSEQUENCES OF FAILURE TO ABIDE BY YOUR OBLIGATIONS
If you fail to register or fail to send your materials report within the time limits stipulated above, the amount of your cash contribution and contribution in advertising purchases will be determined and invoiced based on an estimate by RecycleMédias. That estimate will appear on your invoice.
Any cash contribution due and unpaid by the deadline will bear interest as set out in the first paragraph of Section 28 of the Tax Administration Act, R.S.Q., c.A-6.002 (currently 6%), calculated daily. Additionally, any targeted entity with an account in arrears for more than 90 days will be liable to a penalty equal to 10% of the contributions owing. Lastly, if RecycleMédias is required to exercise a remedy to claim a sum that it is owed, a penalty equal to 20% of the amount of the cash contribution will be added.
You will find more information, including registration forms and the online reporting method, on the website recyclemedias.com.
You can also get in touch with us if you have any questions about this letter, or the application of the Schedule of Contributions, by sending e-mail to email@example.com or calling Marc Blanchard at 514 664-5548.