P-9.02 - Act respecting the environmental performance of buildings

Updated to 1 April 2024

This document has official status.

chapter P-9.02

Act respecting the environmental performance of buildings

CHAPTER I GENERAL PROVISIONS

2024, c. 5, s. 1.

1. The purpose of this Act is to provide a framework for the environmental performance of buildings.

For the purposes of this Act, “environmental performance” means characteristics of a building that have an impact on the environment, such as its carbon footprint, the energy the building uses and when it uses it, the energy produced by the building as well as the equipment that promotes the sustainable mobility of its occupants or users.

2024, c. 5, s. 1.

2. In this Act,

“building” means a structure used or intended to be used to shelter or receive persons, animals or goods and whose equipment and components consume energy or a part of such a structure;

“energy distributor” means an “electric power distributor”, a “natural gas distributor” or a “steam distributor” within the meaning of the Act respecting the Régie de l’énergie (chapter R-6.01), and any other person distributing energy that can be consumed by a building;

“public body” means a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

For the purposes of this Act, the owners of a building that constitutes an immovable held in divided co-ownership are the syndicate of co-owners and any co-owner of the building.

For the purposes of this Act, foundation, erection, renovation, repair, maintenance, alteration or demolition work on a building is considered to be construction work, as is the installation or the replacement of all or a part of the building’s equipment.

2024, c. 5, s. 1.

3. This Act is binding on the State.

2024, c. 5, s. 1.

CHAPTER II ENVIRONMENTAL PERFORMANCE OF BUILDINGS

2024, c. 5, s. 1.

DIVISION I MANDATORY REPORTING

2024, c. 5, s. 1.

4. Every owner of a building, public body and energy distributor determined by a regulation of the Minister must, according to the terms and conditions prescribed by the regulation,

(1)  declare to the Minister

(a)  the energy consumption of a building, its location, its area, how it is used, the type of energy it consumes and when that energy is consumed,

(b)  the materials used during the construction work and the equipment and components of a building or the equipment of the site on which a building is situated,

(c)  the name and contact information of the owner of a building, and

(d)  any other information necessary for the purposes set out in this Act and in the regulations made under this Act;

(2)  obtain from a person or a body recognized under the regulation a verification report on any information declared or provided to the Minister;

(3)  provide to the Minister the report referred to in subparagraph 2; and

(4)  in the case of an energy distributor, develop and administer a digital platform allowing the distributor to transfer information about the energy consumption of a building to its owner.

The Minister may also, by regulation, prescribe the cases in which and the conditions on which an owner or an energy distributor must keep any information or document declared or provided under the first paragraph.

2024, c. 5, s. 1.

DIVISION II ENVIRONMENTAL PERFORMANCE RATING OF BUILDINGS

2024, c. 5, s. 1.

5. An environmental performance rating is assigned to every building determined by government regulation.

2024, c. 5, s. 1.

6. The owner of a building must send to the Minister the environmental performance rating assigned to the building in accordance with the method and the terms provided for by government regulation. The regulation may, in particular, provide

(1)  the calculation methods applicable to the assignment of an environmental performance rating to a building, which may vary depending on, among other things,

(a)  the type of building and its characteristics,

(b)  the construction work carried out,

(c)  the location of the building, and

(d)  the amount and type of energy consumed or produced and when that energy is consumed or produced;

(2)  the persons who may assign an environmental performance rating to a building;

(3)  the cases in which and conditions on which an environmental performance rating may be determined for a group of buildings; and

(4)  the cases in which and conditions on which the following are to be taken into account:

(a)  the equipment of the site on which the building is situated, and

(b)  the apportionment of the equipment among buildings.

The Government may also, by regulation, determine the cases, conditions and manner in or on which the Minister is to assign an environmental performance rating to a building.

2024, c. 5, s. 1.

7. When an environmental performance rating is assigned to a building under the second paragraph of section 6, that decision is notified to the owner of the building who may apply, in writing, to the Bureau de réexamen established by section 78 of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) to have the decision reviewed within 30 days of its notification.

2024, c. 5, s. 1.

DIVISION III ENVIRONMENTAL PERFORMANCE STANDARDS

2024, c. 5, s. 1.

8. The Government may, by regulation, establish standards regarding the environmental performance of buildings, which may take the form of standards regarding construction work or of an environmental performance rating.

The standards may vary, in particular, according to the parameters referred to in the regulation made under subparagraphs a to d of subparagraph 1 and subparagraph a of subparagraph 4 of the first paragraph of section 6.

The regulation must prescribe special standards for the following buildings:

(1)  an immovable classified or recognized under the Cultural Heritage Act (chapter P-9.002);

(2)  a heritage immovable, within the meaning of that Act, situated on a site classified or recognized as or declared a heritage site under that Act;

(3)  an immovable registered in an inventory referred to in the first paragraph of section 120 of that Act; and

(4)  an immovable situated on the national heritage site declared by that Act.

2024, c. 5, s. 1.

9. The Government may, by regulation, determine the cases in which and conditions on which the owner of a building covered by an environmental performance standard must obtain, at the owner’s expense, a report on the environmental performance of the building made by a body or person recognized under the regulation. It may also determine, in the regulation, the cases in which and conditions on which the owner must provide the report to the Minister.

2024, c. 5, s. 1.

10. The Government may, by regulation, determine the cases in which and the conditions on which a person must comply with a standard established with regard to construction work.

2024, c. 5, s. 1.

11. The Government may, by regulation, determine the cases in which and the conditions on which the owner of a building covered by an environmental performance rating established under section 8 must take measures necessary to ensure that the rating is complied with.

The regulation may also prescribe the cases in which and conditions on which the Minister may exempt an owner from the obligation provided for in the first paragraph for a reason in the public interest or in exceptional circumstances, in particular to prevent serious or irreparable damage or prejudice to a building, its owner or its occupant.

2024, c. 5, s. 1.

12. Where the owner of a building demonstrates to the Minister that, due to exceptional circumstances, their building will not be able to achieve the applicable environmental performance rating, the owner may submit to the Minister, according to the terms and conditions prescribed by government regulation, a corrective program by which the owner undertakes to take measures so that the environmental performance rating is achieved within a reasonable time.

The Minister may approve the corrective program, with or without amendment, prescribe any condition, restriction or prohibition to the corrective program or refuse to approve it.

During the period of the corrective program, the owner is not required to comply with the standard targeted by the program.

2024, c. 5, s. 1.

13. The Minister may terminate the corrective program in the case of significant or repeated non-compliance on the part of the owner.

2024, c. 5, s. 1.

14. A decision made under the second paragraph of section 12 or section 13 is notified to the owner of the building and may, within 30 days of its notification and according to the terms determined by government regulation, be the subject of an application for review.

2024, c. 5, s. 1.

15. The application for review must be dealt with promptly.

After giving the applicant an opportunity to submit observations and, if applicable, produce documents to complete the applicant’s record, the person responsible for the review renders a decision on the basis of the record, unless that person considers it necessary to proceed in some other manner. The person responsible for the review may confirm, quash or amend the decision under review.

The decision must be in writing, include reasons and be notified promptly to the applicant. It must make mention of the applicant’s right to contest the decision before the Administrative Tribunal of Québec.

2024, c. 5, s. 1.

16. A proceeding before the Administrative Tribunal of Québec must be brought within 30 days after notification of the contested decision.

The Tribunal may confirm, quash or amend the contested decision.

2024, c. 5, s. 1.

CHAPTER III REGISTER, POSTING AND MEASURING TOOL

2024, c. 5, s. 1.

17. The Minister keeps a register of the environmental performance of buildings containing the information prescribed by government regulation.

The information contained in the register is public.

Despite the second paragraph of this section and section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has a right of access to

(1)  the address of the establishment or premises of a person who offers accommodation or assistance services to persons who are victims of violence or of a person composed of persons or groups of persons offering such services; or

(2)  the name and address of an owner of a building who has submitted to the Minister a request mentioning that access to that information could endanger the owner’s safety or the safety of an occupant or user.

2024, c. 5, s. 1.

18. The owner of a building must, in the cases and on the conditions determined by government regulation, post the environmental performance rating of the building assigned in accordance with Division II of Chapter II. The regulation may also prescribe the cases in which and conditions on which the owner must disclose the rating to a third person.

2024, c. 5, s. 1.

19. The Government may, by regulation, determine the cases in which the owner of a building must install a tool for measuring the energy consumption of the building.

2024, c. 5, s. 1.

CHAPTER IV INSPECTIONS AND INVESTIGATIONS

2024, c. 5, s. 1.

20. The provisions of Chapter II of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to the inspections and investigations that are conducted and to the notices of execution that are notified for the purposes of this Act or the regulations.

2024, c. 5, s. 1.

21. If a municipality is required to enforce all or part of a regulation made under this Act, the municipality’s inspectors, duly authorized by it, are vested with the powers set out in section 5 of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) for the purposes of the regulation.

Sections 7 and 20 of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation apply to municipal inspectors. The monetary administrative penalties and the offences referred to in sections 23 and 42, respectively, of that Act also apply with respect to municipal inspectors.

2024, c. 5, s. 1.

CHAPTER V MONETARY ADMINISTRATIVE PENALTIES

2024, c. 5, s. 1.

22. The provisions of Chapter III of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to the imposition of a monetary administrative penalty on a person who fails to comply with a provision of this Act or the regulations.

2024, c. 5, s. 1.

23. A monetary administrative penalty of $250 in the case of a natural person and of $1,000 in any other case may be imposed on anyone who fails to

(1)  comply with an obligation provided for in section 4;

(2)  send to the Minister the environmental performance rating assigned to their building under the first paragraph of section 6; or

(3)  post or disclose the environmental performance rating of their building in accordance with section 18.

2024, c. 5, s. 1.

24. If a provision of a regulation made by the Government under this Act is enforceable by a municipality and failure to comply with the provision may give rise to a monetary administrative penalty, the penalty may also be imposed by any municipality designated for that purpose by the Government for a failure that occurred in its territory. However, such a penalty may not be imposed concurrently with a penalty that a person designated by the Minister may also impose on the same person based on the same facts that occurred on the same day.

The provisions of this Act concerning monetary administrative penalties apply to the municipality that imposes such a penalty, with the necessary modifications and according to the terms and conditions determined by the Government, such as those relating to the possibility of contesting the decision before the competent municipal court and to the procedures for recovering the amounts owed.

A municipality that imposes a monetary administrative penalty may charge fees for the recovery of the amount.

The amounts collected by a municipality under this section belong to it and, with the exception of recovery fees, must be used to finance measures and programs for the energy transition of buildings.

2024, c. 5, s. 1.

CHAPTER VI PENAL SANCTIONS

2024, c. 5, s. 1.

25. The provisions of Chapter V of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to this chapter and to the penal provisions provided for by regulation.

2024, c. 5, s. 1.

26. Anyone who contravenes section 4, 6 or 18 is liable to a fine

(1)  of $1,000 to $100,000 in the case of a natural person; and

(2)  of $3,000 to $600,000 in any other case.

2024, c. 5, s. 1.

27. Penal proceedings for an offence against a provision of a regulation made under this Act and under the administration of a municipality may be instituted by that municipality if the offence was committed in its territory. In such a case, the proceedings may be instituted before the competent municipal court.

The fines collected as a result of such proceedings belong to the municipality.

The costs relating to proceedings instituted before a municipal court belong to the municipality to which the court is attached, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C-25.1) and the costs remitted to the defendant or imposed on the prosecuting municipality under article 223 of that Code.

A municipality may draw to the attention of the Minister, for appropriate action, any offence against a provision of a regulation under the administration of the municipality.

2024, c. 5, s. 1.

CHAPTER VII CLAIMS AND RECOVERY

2024, c. 5, s. 1.

28. The provisions of Chapter VI of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to claims made by the Minister for the recovery of amounts owed to the Minister under this Act or the regulations.

2024, c. 5, s. 1.

CHAPTER VIII MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

2024, c. 5, s. 1.

29. The Government may, by regulation, authorize the Minister to delegate, generally or specifically and according to the terms and conditions determined by the regulation, to any person or body the application of a provision of that regulation.

A delegation made pursuant to a regulation made under the first paragraph comes into force on the date of the publication in the Gazette officielle du Québec of an order made by the Minister to that effect or on any later date specified in the order.

2024, c. 5, s. 1.

Not in force

30. No provision regarding the environmental performance of buildings may be adopted by a municipality, unless the provision is more stringent than that provided for by a regulation made under Division II or III of Chapter II or unless the provision concerns matters other than those covered by such a regulation.

Any provision that does not comply with the first paragraph is deemed unwritten.

For the purposes of the first paragraph, a provision may be considered more stringent only if it provides for the same calculation method and terms as those provided for by a regulation made under Division II or III of Chapter II.

2024, c. 5, s. 1.

31. Any provision regarding the environmental performance of buildings that is adopted by a municipality and that could impact energy distributors’ capacity to adequately meet consumers’ energy needs is inoperative, unless the provision has been approved by the Minister, after obtaining a favourable opinion from the Minister of Natural Resources and Wildlife. Notice of the Minister’s decision is to be published without delay in the Gazette officielle du Québec.

2024, c. 5, s. 1.

32. The Minister of Sustainable Development, Environment and Parks is responsible for the administration of this Act.

2024, c. 5, s. 1.