chapter Q-2, r. 30

Regulation to prohibit the sale of certain dishwashing detergents

Environment Quality Act

 (chapter Q-2, ss. 31, 46, 115.27 and 115.34)

1.  This Regulation applies to dishwashing detergents for domestic use.

O.C. 544-2008, s. 1.

2.  In this Regulation, “phosphorus” means elemental phosphorus.

O.C. 544-2008, s. 2.

3.  As of 1 July 2010, no dishwashing detergent may be offered for sale, sold, distributed or otherwise made available to consumers unless

  (1)    it contains less than 0.5% phosphorus by weight; and

  (2)    the package indicates the percentage by weight of the phosphorus content of the product.

The phosphorus content indicated on the package is determined by a laboratory accredited by the Minister of Sustainable Development, Environment and Parks under section 118.6 of the Environment Quality Act (chapter Q-2). If the detergent is manufactured outside Québec, the phosphorus content is determined by a laboratory whose analyzes are made in compliance with

  (1)    a standard method of the American Society for Testing and Materials; or

  (2)    a Canadian or international standard method recognized by the Standards Council of Canada.

O.C. 544-2008, s. 3; O.C. 937-2010.

3.1.  A monetary administrative penalty of $750 in the case of a natural person or $3,500 in other cases may be imposed on any person who fails to determine the phosphorus content of a dishwashing detergent in accordance with the second paragraph of section 3.

O.C. 669-2013, s. 1.

3.2.  A monetary administrative penalty of $1,500 in the case of a natural person or $7,500 in other cases may be imposed on any person who offers for sale, sells, distributes or otherwise makes available to consumers a dishwashing detergent that does not meet any of the conditions prescribed by the first paragraph of section 3.

O.C. 669-2013, s. 1.

4.  Every person who contravenes the second paragraph of section 3 commits an offence and is liable, in the case of a natural person, to a fine of $4,000 to $250,000 or, in other cases, to a fine of $12,000 to $1,500,000.

O.C. 544-2008, s. 4; O.C. 669-2013, s. 2.

4.1.  Every person who, pursuant to this Regulation, makes a declaration, communicates information or files a document that is false or misleading commits an offence and is liable, in the case of a natural person, to a fine of $5,000 to $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, or, in other cases, to a fine of $15,000 to $3,000,000.

O.C. 669-2013, s. 2.

4.2.  Every person who contravenes the first paragraph of section 3 commits an offence and is liable, in the case of a natural person, to a fine of $8,000 to $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, or, in other cases, to a fine of $24,000 to $3,000,000.

O.C. 669-2013, s. 2.

5.    (Omitted).

O.C. 544-2008, s. 5.

REFERENCES
O.C. 544-2008, 2008 G.O. 2, 2122
O.C. 937-2010, 2010 G.O. 2, 2987
O.C. 669-2013, 2013 G.O. 2, 1778