A-7.001 - Act respecting the Agence de l’efficacité énergétique

Full text
chapter A-7.001
Act respecting the Agence de l’efficacité énergétique
AGENCE DE L’EFFICACITÉ ÉNERGÉTIQUEJune 13 2011July 1 2011
Repealed, 2011, c. 16, Sch. II, s. 41.
2011, c. 16, Sch. II, s. 41.
DIVISION 0.1
DEFINITIONS AND SCOPE
2006, c. 46, s. 1.
0.1. For the purposes of this Act,
diesel fuel means a liquid mixture of hydrocarbons obtained from the refining of petroleum to supply diesel engines;
electric power distributor means Hydro-Québec when carrying on electric power distribution activities;
energy distributor means a distributor of electric power, natural gas or fuel;
fuel means gasoline, diesel fuel, heating oil or propane, but not aviation fuel, marine bunker fuel, hydrocarbons used as raw material by industries that transform hydrocarbon molecules through chemical or petrochemical processes or renewable fuel content;
fuel distributor means
(1)  a person that refines, manufactures, mixes, prepares or distils fuel in Québec;
(2)  a person that brings or causes to be brought into Québec fuel contained in one or more receptacles with a total capacity of over 200 litres, except fuel contained in a fuel tank installed as standard equipment to supply the engine of a vehicle; and
(3)  a person that, in Québec, exchanges fuel with a person described in paragraph 1;
gasoline means a liquid mixture of hydrocarbons obtained from the refining of petroleum mainly for use as spark ignition engine fuel;
heating oil means a liquid mixture of hydrocarbons obtained from the refining of petroleum and used for domestic, commercial, institutional or industrial heating;
natural gas distributor means a natural gas distributor as defined in section 2 of the Act respecting the Régie de l’énergie (chapter R-6.01);
propane means a liquid mixture of hydrocarbons obtained from the refining of petroleum or the processing of natural gas and used as spark ignition engine fuel or for such applications as cooking or domestic, commercial, institutional or industrial heating.
For the purposes of sections 24.2 and 24.3 and Division IV.1, a legal person or partnership that brings fuel into Québec for a purpose other than resale, municipal electric power systems governed by the Act respecting municipal and private electric power systems (chapter S-41) and the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville governed by the Act respecting the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville (1986, chapter 21) are deemed to be energy distributors.
2006, c. 46, s. 1; 2007, c. 19, s. 1.
DIVISION I
ESTABLISHMENT AND ORGANIZATION
1. An energy efficiency agency to be known as the “Agence de l’efficacité énergétique” is hereby established.
The agency is a legal person.
1997, c. 55, s. 1.
2. The agency is a mandatary of the State. The property of the agency forms part of the domain of the State, but the execution of the obligations of the agency may be levied against its property.
The agency binds none but itself when it acts in its own name.
1997, c. 55, s. 2; 1999, c. 40, s. 341.
3. The head office of the agency shall be situated in the territory of Ville de Québec.
Notice of the location of the head office of the agency, and of any change of location, shall be published in the Gazette officielle du Québec.
1997, c. 55, s. 3; 2000, c. 56, s. 220.
4. The affairs of the agency shall be administered by a board of directors composed of
(1)  not fewer than seven nor more than 10 members chosen from the sectors concerned appointed by the Government for a term not exceeding four years; and
(2)  the president and chief executive officer of the agency appointed by the Government for a term not exceeding five years, who is an ex officio member of the board.
On expiry of their term of office, the members of the board of directors shall remain in office until replaced or reappointed.
Board members may be reappointed twice to serve in that capacity, for consecutive or non-consecutive terms.
1997, c. 55, s. 4; 2006, c. 46, s. 2.
5. The Government shall appoint a chairman from among the members of the board of directors.
The board members shall appoint a vice-chairman from among their number. The vice-chairman shall exercise the functions of chairman if the chairman is absent or unable to act.
1997, c. 55, s. 5.
6. The president and chief executive officer is responsible for the administration and direction of the agency within the scope of its by-laws. The office of director general is a full-time office.
The Government shall fix the remuneration, employment benefits and other conditions of employment of the president and chief executive officer.
The other board members shall receive no remuneration except in the cases, on the conditions and to the extent determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government.
1997, c. 55, s. 6; 2000, c. 8, s. 242; 2006, c. 46, s. 3.
6.1. The offices of chair of the board of directors and of president and chief executive officer may not be held concurrently.
2006, c. 46, s. 4.
7. The quorum at meetings of the board is the majority of its members, including the chairman or vice-chairman.
Decisions of the board are made by a majority vote of the members present. In the case of a tie-vote, the chairman has a casting vote.
1997, c. 55, s. 7.
8. The chairman shall call, preside over and see to the proper conduct of the meetings of the board. The chairman shall exercise any other functions assigned to the chairman by the agency.
1997, c. 55, s. 8.
9. The board members may, if they all agree, take part in a meeting using means which allow them to communicate with each other orally, such as the telephone. They are, in that case, deemed to have attended the meeting.
1997, c. 55, s. 9.
10. Any board member who has a direct or indirect interest in any enterprise that causes his personal interest to conflict with the interest of the agency must, on pain of forfeiture of office, disclose that interest to the board in writing and withdraw from any meeting for the duration of the discussion or the vote on any matter relating to the enterprise in which the member has an interest.
The president and chief executive officer may not, on pain of forfeiture of office, have a direct or indirect interest in an enterprise putting his personal interest in conflict with that of the agency. However, such forfeiture is not incurred if the interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.
1997, c. 55, s. 10; 2006, c. 46, s. 5.
11. The agency may adopt rules of internal management for the conduct of its affairs.
1997, c. 55, s. 11.
12. The agency shall designate a secretary from among the members of its personnel.
1997, c. 55, s. 12.
13. The members of the personnel of the agency shall be appointed in accordance with the staffing plan established by by-law of the Board.
Subject to the provisions of a collective agreement, the Board shall determine by by-law the standards and scales of remuneration and the employment benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.
1997, c. 55, s. 13; 2000, c. 8, s. 242; 2006, c. 46, s. 6.
14. No act, document or writing shall bind the agency unless it is signed by the chairman, the president and chief executive officer or, to the extent determined by by-law of the agency, by a member of its personnel.
The agency may allow, subject to the conditions and on the documents it determines, that a signature be affixed by means of an automatic device or that a facsimile of a signature be engraved, lithographed or printed. However, the facsimile shall have the same force as the signature itself only if the document is countersigned by a person authorized by the president and chief executive officer.
1997, c. 55, s. 14; 2006, c. 46, s. 7.
15. The minutes of the meetings of the board, approved by the board and certified by the chairman, by the secretary or by any other personnel member so authorized by the board, are authentic, as are documents and copies emanating from the agency or forming part of its records if signed or certified by any such person.
1997, c. 55, s. 15.
DIVISION II
OBJECT AND POWERS
16. The object of the agency, in keeping with the principle of sustainable development, is to promote energy efficiency and the development of new energy technologies for all forms of energy, in all sectors of activity and for the benefit of all the regions of Québec.
The functions of the agency also include preparing the comprehensive energy efficiency and new technologies plan and ensuring its implementation and follow-up.
1997, c. 55, s. 16; 2006, c. 46, s. 8.
17. The agency may, in particular, in the pursuit of its object,
(1)  collect information and data concerning energy efficiency and new energy technologies;
(2)  inform, and enhance the awareness of, energy consumers, by all appropriate means, regarding the advantages of energy efficiency and new energy technologies;
(3)  advise the Government on any energy efficiency or new energy technology matter and on legislative or regulatory measures relating to energy efficiency or new energy technologies;
(4)  advise the Régie de l’énergie on any energy efficiency or new energy technology matter;
(5)  ensure the follow-up of government commitments as regards energy efficiency and new energy technologies;
(6)  develop and implement programs or actions promoting energy efficiency or new energy technologies;
(7)  provide technical support for research and development in the field of energy efficiency and new energy technologies;
(8)  ensure the implementation of any measure promoting energy efficiency and new technologies and targeting the reduction of greenhouse gas emissions.
The agency may delegate the implementation of programs or actions promoting energy efficiency or new energy technologies and the implementation of measures targeting the reduction of greenhouse gas emissions in those fields
For the purposes of this section, the agency may join with a partner active in the field of energy efficiency or new energy technologies.
1997, c. 55, s. 17; 2006, c. 46, s. 9.
18. In addition, the agency may
(1)  participate financially by granting a loan or a subsidy under a program promoting energy efficiency, new energy technologies or the reduction of greenhouse gas emissions, or by providing financial support to research and development in those fields;
(2)  receive gifts, bequests, subsidies and other contributions, provided that any conditions attached are compatible with the achievement of the object of the agency; and
(3)  follow up and verify the work carried out under a program promoting energy efficiency, new energy technologies or the reduction of greenhouse gas emissions and involving the financial participation of the agency.
1997, c. 55, s. 18; 2006, c. 46, s. 10.
19. A program promoting energy efficiency, new energy technologies or the reduction of greenhouse gas emissions and involving the financial participation of the agency must set eligibility requirements, determine the nature of the participation and fix scales, limits and an awarding procedure.
1997, c. 55, s. 19; 2006, c. 46, s. 11.
20. In no case may the agency, without the authorization of the Government,
(1)  make a financial commitment that is incompatible with the limits and the terms and conditions determined by the Government; or
(2)  contract a loan that increases the aggregate of its outstanding loans to more than the amount determined by the Government.
The Government may subordinate its authorization to the conditions it determines.
1997, c. 55, s. 20.
21. (Repealed).
1997, c. 55, s. 21; 2006, c. 46, s. 12.
21.1. An energy distributor must send the agency any information or document the agency considers necessary for the application of this Act within the time limit the agency specifies.
2006, c. 46, s. 13.
22. The agency may enter into an agreement in accordance with the law with another government or a department or body of such a government or with an international organization or a body of such an organization.
The agency may also enter into agreements or take part in joint projects with any other person or body.
1997, c. 55, s. 22.
DIVISION II.1
COMPREHENSIVE ENERGY EFFICIENCY AND NEW TECHNOLOGIES PLAN
2006, c. 46, s. 14.
§ 1.  — Preparation of the comprehensive plan
2006, c. 46, s. 14.
22.1. An electric power or natural gas distributor must establish and send the agency, within the time limit the agency specifies,
(1)  its three-year energy efficiency targets for the various sectors of activity;
(2)  a three-year projected timetable for reaching those targets; and
(3)  its three-year energy efficiency priorities for reaching the targets.
The agency shall establish, within the same time limit, the three-year energy efficiency targets, projected timetable and priorities mentioned in the first paragraph that apply to fuels, new energy technologies or more than one form of energy.
Priorities must deal with the approaches to be taken to comply with the Government’s energy efficiency policy directions.
2006, c. 46, s. 14.
22.2. The agency must submit to the Government, for approval, the three-year energy efficiency targets, projected timetable and priorities established in accordance with section 22.1.
2006, c. 46, s. 14.
22.3. If an electric power or natural gas distributor fails to comply with section 22.1, the agency shall establish the distributor’s three-year energy efficiency targets, projected timetable and priorities, at the distributor’s expense.
The agency, however, must give the distributor a 10-day written notice of default.
2006, c. 46, s. 14.
22.4. Following government approval, the agency shall prepare a comprehensive three-year plan outlining all the actions proposed to promote a better use of energy and the development of new energy technologies. The plan must address all energy uses and cover all forms of energy over a 10-year period.
2006, c. 46, s. 14.
22.5. The comprehensive plan must include, among other things:
(1)  the Government’s general energy policy directions and energy priorities;
(2)  the three-year energy efficiency targets, projected timetables and priorities approved by the Government;
(3)  the consultation report;
(4)  a description of the regulatory or other proposals on energy efficiency and new energy technologies;
(5)  a description of the programs and actions promoting energy efficiency, presented by deadline, form of energy and sector of activity;
(6)  a description of the programs to support technological innovation;
(7)  a description of the actions aimed at increasing awareness about energy efficiency and new energy technologies or providing information on or training or education in those fields;
(8)  information on the savings that may result from the implementation of the programs and actions in the plan;
(9)  the annual amount the agency and each energy distributor intend to allocate to programs and actions promoting energy efficiency and new energy technologies; and
(10)  an estimate of the costs of carrying out the elements of the plan.
2006, c. 46, s. 14.
22.6. For the purpose of preparing the comprehensive plan, the agency shall consult energy distributors, representatives of the fuel sector, representatives of energy users in the residential, commercial, institutional, industrial and transportation sectors, as well as the various groups interested in the promotion of energy efficiency and new energy technologies.
2006, c. 46, s. 14.
22.7. An electric power or natural gas distributor must develop programs and actions consistent with the three-year energy efficiency targets, projected timetables and priorities approved by the Government, and send them to the agency within the time limit the agency specifies.
The electric power distributor must also send the agency a list of the energy efficiency projects it selected, in the course of a year, under the tender solicitation procedure referred to in section 74.1 of the Act respecting the Régie de l’énergie (chapter R-6.01). The list must be included in the comprehensive plan.
2006, c. 46, s. 14.
22.8. If an electric power or natural gas distributor fails to comply with section 22.7, the agency shall develop the programs and actions at the distributor’s expense.
The agency, however, must give the distributor a 10-day written notice of default.
2006, c. 46, s. 14.
22.9. The agency is responsible for the development of programs and actions promoting energy efficiency that target fuel or more than one form of energy and the development of the programs and actions promoting new energy technologies. In developing those programs and actions, the agency must take into account the opinions and comments collected during its consultations.
2006, c. 46, s. 14.
22.10. A description of a program or action must include the measures to be carried out, their cost and a schedule for carrying them out. It must also identify either the agency or the energy distributor as being responsible for carrying out the measures.
2006, c. 46, s. 14.
§ 2.  — Approval, amendments and follow-up
2006, c. 46, s. 14.
22.11. On the date set by the Minister, the agency shall submit the comprehensive plan to the Régie to obtain its approval of the elements of the plan mentioned in paragraphs 5 to 10 of section 22.5.
2006, c. 46, s. 14.
22.12. The elements of the comprehensive plan mentioned in paragraphs 5 to 10 of section 22.5 may be amended by the agency or an electric power or natural gas distributor, with the authorization of the Régie and on the conditions it determines.
2006, c. 46, s. 14.
22.13. The agency must prepare a new comprehensive plan at least once every three years on the same conditions as apply to the preparation of the initial plan.
The agency shall also revise the comprehensive plan annually so that it reflects the amendments resulting from the annual review of the programs and actions it contains and from the decisions taken by the Régie with respect to energy efficiency.
The agency shall send the Régie the revised comprehensive plan within 30 days after the date of revision.
2006, c. 46, s. 14.
22.14. Once the Régie has approved it under section 22.11, the comprehensive plan must be available to the public.
2006, c. 46, s. 14.
§ 3.  — Rules concerning energy distributors
2006, c. 46, s. 14.
22.15. An energy distributor must carry out the programs and actions for which it is responsible under the comprehensive plan.
If an energy distributor is unable to carry out a program or action within the time limit and in the manner specified in the comprehensive plan or if it finds that a program or action is not meeting its objectives, it must notify the agency.
The agency may, at the distributor’s expense, carry out the programs and actions the distributor fails to carry out, after giving the distributor a 10-day written notice to that effect.
2006, c. 46, s. 14.
22.16. In order to follow up on the programs and actions that must be carried out by an energy distributor, the agency may require that the distributor submit a status report on the steps taken and the results obtained within the framework of the comprehensive plan.
2006, c. 46, s. 14.
DIVISION III
FINANCIAL PROVISIONS
2006, c. 46, s. 15.
23. The Government may, on the terms and conditions it determines,
(1)  guarantee the repayment in capital and interest of any loan contracted by the agency and the performance of the other obligations of the agency; and
(2)  authorize the Minister of Finance to advance to the agency any amount considered necessary for the pursuit of its object.
The sums required for the application of this section shall be taken out of the consolidated revenue fund.
1997, c. 55, s. 23.
24. Each year, the agency shall submit its budgetary estimates for the ensuing fiscal year and its budgetary rules to the Government for approval, at the time, in the form and with the content determined by the Government.
1997, c. 55, s. 24.
24.1. The agency may determine a tariff of fees for the use of the services it offers within the framework of a program or action promoting energy efficiency, new energy technologies or the reduction of greenhouse gas emissions.
2006, c. 46, s. 17.
24.2. An energy distributor must pay an annual share to the agency, which is determined by the Régie in accordance with paragraph 3 of section 85.25 of the Act respecting the Régie de l’énergie (chapter R-6.01).
The first paragraph applies to Hydro-Québec, despite section 16 of the Hydro-Québec Act (chapter H-5).
2006, c. 46, s. 17.
24.3. The agency shall keep separate accounts for each energy distributor.
2006, c. 46, s. 17.
24.4. The operations of the agency are funded with the sums from the shares paid under section 24.2, the fees it charges and the other monies it receives.
2006, c. 46, s. 17.
24.5. The sums received by the agency under section 24.4 must be used exclusively for the purposes of this Act and to pay the obligations of the agency.
Any amount by which the agency’s revenues exceed its expenditures in a fiscal year must be carried over to its subsequent annual budget.
2006, c. 46, s. 17.
DIVISION III.1
MANAGEMENT AND REPORTING
2006, c. 46, s. 17.
24.6. Each year, the agency shall submit to the Régie, on the date set by the Régie, a progress report on the comprehensive plan and the use made of the sums received under section 24.2.
2006, c. 46, s. 17.
24.7. The agency shall enter into a performance agreement with the Minister on the implementation of the comprehensive plan.
The agreement must contain
(1)  a description of the role of the agency in the implementation of the plan;
(2)  the part of the plan describing the objectives for each of the years of the agreement, the measures taken to meet the objectives, and the human, financial and material resources available; and
(3)  the main indicators to be used in measuring results.
2006, c. 46, s. 17.
25. Not later than 30 June each year, the agency shall transmit to the Minister its financial statements and an activity report for the preceding fiscal year. The documents must contain all information required by the Minister.
The activity report must include
(1)  a statement of the results obtained, measured against the objectives fixed in the performance agreement;
(2)  a follow-up on the comprehensive plan;
(3)  the Régie’s audit report on the progress made on the comprehensive plan; and
(4)  a statement by the president and chief executive officer of the agency attesting to the reliability of the data and the monitoring mechanisms.
1997, c. 55, s. 25; 2006, c. 46, s. 18.
26. The Minister shall lay the financial statements and the activity report of the agency before the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 30 days of resumption.
1997, c. 55, s. 26; 2006, c. 46, s. 19.
27. The agency shall, in addition, furnish to the Minister any information required by the Minister concerning its activities.
1997, c. 55, s. 27.
28. The books and accounts of the agency shall be audited by the Auditor General each year and whenever so ordered by the Government.
The Auditor General may conduct a resource optimization audit of the agency without the prior concurrence required under the second paragraph of section 28 of the Auditor General Act (chapter V-5.01).
1997, c. 55, s. 28; 2006, c. 46, s. 20.
29. (Repealed).
1997, c. 55, s. 29; 2006, c. 46, s. 21.
DIVISION IV
DIRECTIVES AND REGULATIONS
30. The Minister may issue directives concerning the general policy and objectives to be pursued by the agency.
The directives must be approved by the Government and come into force on the day of their approval. Once approved, they are binding on the agency, which must comply therewith.
Every directive shall be laid before the National Assembly within 15 days after it is approved by the Government. If the National Assembly is not sitting, the directive shall be laid before the Assembly within 15 days after resumption.
1997, c. 55, s. 30.
31. (Repealed).
1997, c. 55, s. 31; 2006, c. 46, s. 22.
DIVISION IV.1
PENAL PROVISIONS
2006, c. 46, s. 23.
31.1. An energy distributor that contravenes section 22.1, 22.7, 22.15, 22.16 or 24.2 is guilty of an offence and liable to a fine of $2,000 to $20,000 for a first offence and to a fine of $5,000 to $50,000 for a subsequent offence.
2006, c. 46, s. 23.
31.2. An energy distributor that fails to provide information or a document referred to in section 21.1 or that provides false information is guilty of an offence and liable to a fine of $1,000 to $2,000 for a first offence and to a fine of $2,000 to $5,000 for a subsequent offence.
2006, c. 46, s. 23.
DIVISION V
AMENDING AND FINAL PROVISIONS
32. (Amendment integrated into c. R-6.01, s. 105.1).
1997, c. 55, s. 32.
33. (Amendment integrated into c. R-6.01, s. 159).
1997, c. 55, s. 33.
34. The appropriations granted to the Ministère des Ressources naturelles for the operation of the Direction de l’efficacité énergétique for fiscal year 1997-1998 shall be transferred to the agency to the extent and on the terms and conditions determined by the Government.
1997, c. 55, s. 34.
35. The Minister of Natural Resources and Wildlife is responsible for the administration of this Act.
1997, c. 55, s. 35; 2003, c. 8, s. 6; 2006, c. 3, s. 35.
36. Section 33 has effect from 2 June 1997.
1997, c. 55, s. 36.
37. (Omitted).
1997, c. 55, s. 37.
REPEAL SCHEDULE
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 55 of the statutes of 1997, in force on 1 April 1998, is repealed, except section 37, effective from the coming into force of chapter A-7.001 of the Revised Statutes.