Environment Ministry opens administrative enquiry into Consignaction

The Ministry of the Environment launched an administrative investigation into Consignaction, the organization that oversees the implementation of the bottle deposit reform.

The minister for the environment made the announcement at noon on Thursday during a discussion with journalists at the National Assembly.

Benoit Charette explained that over the past few weeks, the government had made "several information requests" to Consignaction and its operator, the Association québécoise de récupération des contenants de boissons (OQRCB), and that "unfortunately," the ministry had not received "appropriate follow-up."

The Minister cited "the speed of deployment and certain elements brought to our attention" to justify the decision to launch an administrative enquiry.

"There are many delays, and we are a long way from achieving our goal as we speak," said Charette, referring to the reform of the deposit system, one of the objectives of which was to include plastic, glass, cardboard and multi-layer containers by March 2025.

The AQRCB and Consignaction are responsible for setting up a network of return points for the beverage containers covered by the deposit modernization.

Initially, Consignaction planned to open 400 return points by March 1, 2025, but scaled back a few months ago.

"We were supposed to have 200 sites by March 1, but we have indications that they won't even be able to deliver 100 by March 1," said Charette.

"We can clearly see that the network was not ready for these new containers" and "this morning we informed retailers that the deposit will continue to apply to plastic, but that there will be a delay for glass and multi-layered containers," he added.

The deposit on glass and multi-layer containers will be postponed until March 1, 2027.

Penalties of up to $10,000

A news release issued Thursday afternoon states that the ministry has "launched an administrative enquiry to shed light on the AQRCB's compliance with its regulatory obligations" and that this enquiry will enable it to "use the powers conferred on it by the act respecting commissions of enquiry."

The ministry could, therefore, summon "any person whose testimony may be relevant to the subject of the enquiry" and "compel any person to file the documents and writings necessary to shed light on the situation."

The investigation could lead to enforcement measures, "including monetary penalties of up to $10,000."

The AQRCB points the finger at retailers

In a news release issued on Thursday afternoon, the AQRCB wrote that it had taken note of the minister's decision to subject the organization to an administrative enquiry and maintained that it intended to cooperate fully with the inquiry.

"We are surprised by this decision, which undermines the important work we are doing at a time when we are facing significant resistance from retailers, a reality that is undermining our momentum and which, it seems, was underestimated by the legislator," wrote Normand Bisson, president and CEO of the AQRCB.

"We have repeatedly raised the alarm with the government, pointing out that Consignaction has no legal or coercive levers at its disposal to speed up the conclusion of agreements," he added.

According to the AQRCB, a number of logistical and operational issues "remain unresolved," and it is calling on the government to do everything in its power to "ensure that retailers meet their regulatory obligations and actively participate in this project, which is essential for the environment and citizens."  

This report by The Canadian Press was first published in French on Nov. 28, 2024.