e-1.1 - Act respecting the conservation of energy in buildings

Updated to 1 April 1999

This document has official status.

chapter E-1.1

Act respecting the conservation of energy in buildings

This Act has been replaced since 30 August 2012 by the Building Act (chapter B-1.1) in respect of buildings and facilities intended for use by the public to which Part 11 of the Code adopted by Chapter I of the Construction Code (chapter B-1.1, r. 2) applies. (Order in Council 857-2012 dated 1 August 2012, (2012) 144 G.O. 2, 2613).

DIVISION I INTERPRETATION AND APPLICATION

1. In this Act, unless the context indicates otherwise,

“building” means any structure intended for lodging persons, sheltering animals or storing things and equipped or intended to be equipped with a heating system or a cooling system, except a farm building intended for sheltering animals or storing things;

“contractor” means a person who organizes or coordinates the construction of a building by persons under his authority or by subcontractors;

“public building” means a building used for the production or distribution of goods or services, or a public building within the meaning of the Public Buildings Safety Act (chapter S-3) where such a public building comes under the definition of “building”.

1980, c. 32, s. 1.

2. This Act applies to a building the construction of which begins after 1 August 1983 but does not apply to a building intended exclusively for the use of a natural person and his family if that person himself carries out the construction of the outer shell of the building, nor to buildings excluded by regulation.

It applies also, and with the same exclusions, to an addition made to a building and on which construction work begins after 1 August 1983.

1980, c. 32, s. 2; 1983, c. 9, s. 1.

3. This act binds the Government, Government departments and the agencies that are its mandataries.

1980, c. 32, s. 3.

DIVISION II ADMINISTRATION

4. The Minister of Labour is responsible for the application of this Act and the regulations.

1980, c. 32, s. 4; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1994, c. 12, s. 35; 1996, c. 29, s. 43.

The Minister of Municipal Affairs and Housing exercises the functions of the Minister of Labour provided for in this Act. Order in Council 1289-2018 dated 18 October 2018, (2018) 150 G.O. 2 (French), 7383.

5. The Minister may, at the request of a municipality which applies a building by-law in its territory, delegate to it the whole or a part of the application of this Act and the regulations in respect of buildings other than public buildings.

The Minister shall render his decision in writing; every such decision comes into force from its publication in the Gazette officielle du Québec.

The municipality is then vested with the necessary powers to carry out the delegation.

1980, c. 32, s. 5; 1996, c. 2, s. 658.

6. Inspectors appointed for the carrying out of the Public Buildings Safety Act (chapter S-3) shall act as inspectors of public buildings; they then exercise, in addition to the powers vested in them by this Act, the powers conferred on them under that Act.

1980, c. 32, s. 6.

7. Every person responsible for supervising the application of a building by-law for a municipality which has received a delegation pursuant to section 5 shall act as inspector in respect of the buildings contemplated in the delegation; he then exercises, in addition to the powers vested in him by this Act, the powers conferred on him for the application of the by-law.

1980, c. 32, s. 7; 1996, c. 2, s. 658.

8. Inspectors appointed under the Act respecting electrical installations (chapter I-13.01) shall act as inspectors of buildings not contemplated in section 6 or 7; they then exercise, in addition to the powers vested in them by this Act, the powers conferred on them under that Act.

1980, c. 32, s. 8.

DIVISION III STATEMENTS AND PERMITS

9. Where the services of an architect or of an engineer are retained in view of the construction of a building, the architect or engineer must prepare plans and specifications for the building that are in conformity with the regulations under this Act.

He must, in addition, transmit to the owner,

(1)  before the beginning of work contemplated by the regulations for which he has prepared plans and specifications, a written statement certifying that these plans and specifications are in conformity with the regulations; and

(2)  not later than thirty days after completion of the work, a written statement certifying that the work has been executed in conformity with the regulations, if he was responsible for supervising the work.

1980, c. 32, s. 9.

10. The contractor must see to it that the construction work on a building is carried out in conformity with the regulations under this Act.

He must, in addition, at or before the time of delivery of the building, transmit to the owner a written statement certifying that the work has been executed in conformity

(1)  with the regulations, where the plans and specifications were not prepared by an architect or an engineer, or

(2)  with the plans and specifications, where they were prepared by an architect or an engineer, if the architect or engineer was not responsible for supervising the work.

1980, c. 32, s. 10.

11. The owner of a new public building must comply with the regulations under this Act. He must also require the statements of conformity provided for in section 9 or 10, as the case may be, and produce them on demand to an inspector.

1980, c. 32, s. 11.

12. Every person contemplated in either of sections 9 and 10 must furnish to the inspector, at his request, a copy of the statement of conformity issued by him to the owner of a building other than a public building. This requirement applies only to the two years following the date of delivery of the building.

1980, c. 32, s. 12.

13. Notwithstanding sections 9 and 10, every natural person wishing to have a building constructed for his exclusive use as a residence may require specifications different from those mentioned in the regulations, where the regulations permit.

1980, c. 32, s. 13.

14. Every municipality that has received a delegation pursuant to section 5 and whose by-laws provide for the issuance of building permits shall issue such a permit only where the construction project is in conformity with the regulations under this Act.

1980, c. 32, s. 14; 1996, c. 2, s. 658.

15. The plans and specifications of a building must contain the information prescribed by a regulation under this Act, if the regulation so requires.

Every person contemplated in section 9, 10 or 11 must furnish to the inspector, at his request, a copy of the plans and specifications of the building.

1980, c. 32, s. 15.

DIVISION IV REGULATIONS

16. The Government may, by regulation, adopt energy efficiency standards and energy conservation measures for buildings and, in particular,

(1)  establish categories of buildings and prescribe different standards for different categories;

(2)  exclude buildings from the application of this Act and the regulations, in whole or in part;

(3)  determine different energy conservation standards within the same category of buildings, based on the climatic data of the places where these buildings are situated;

(4)  prescribe thermal resistance standards;

(5)  prescribe minimum heat loss standards for openings in the outer shell of a building;

(6)  prescribe quality standards and installation methods for insulation materials;

(7)  prescribe measures for preventing condensation in buildings;

(8)  prescribe standards for air or water heating and cooling systems, for lighting and ventilation systems and for the related control devices;

(9)  prescribe fenestration standards;

(10)  prescribe the additional information that must be contained in plans and specifications in certain cases or circumstances, and determine these cases or circumstances;

(11)  determine the form and content of the statement of conformity that must be transmitted under section 9 or 10;

(12)  prohibit the installation or require the approval of equipment or a material and designate the person or body authorized to approve it;

(13)  determine the cases where a natural person wishing to have a building constructed for his exclusive use as a residence may require specifications for that building different from those prescribed by regulation.

The Government shall publish its draft regulations in the Gazette officielle du Québec with a notice that they will be adopted at the expiry of a period of 45 days.

Every regulation comes into force on the date of publication in the Gazette officielle du Québec of a notice indicating that it has been adopted by the Government or, if amended by the latter, on the date of the publication of its final text, or on a later date fixed in the notice or final text.

1980, c. 32, s. 16.

17. Every regulation provided for in section 16 is adopted on the joint recommendation of the Minister of Natural Resources and the Minister of Labour.

1980, c. 32, s. 17; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1994, c. 12, s. 36; 1994, c. 13, s. 15; 1996, c. 29, s. 43.

18. The Minister of Labour may, on such conditions as he may determine, authorize the application of energy efficiency standards or of energy conservation measures in a building other than those prescribed by a regulation, if a person shows him that these measures or standards lead to a conservation of energy equal to or greater than what would result from the application of the regulation.

1980, c. 32, s. 18; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1994, c. 12, s. 37; 1996, c. 29, s. 43.

19. In no case may a municipal by-law comprise energy efficiency standards or energy conservation measures for buildings that are lower than the standards or measures provided in a regulation made under this Act.

1980, c. 32, s. 19.

DIVISION V PENAL PROVISIONS

1992, c. 61, s. 275.

20. No person may hinder the action of an inspector in the performance of his duties, mislead him by concealment or false declarations, refuse to furnish him with information or a document he is entitled to require or examine under this Act or the regulations, or conceal or destroy a document relevant to an inspection.

An inspector shall, on demand, exhibit an identification card attesting his office.

1980, c. 32, s. 20.

21. Every person who contravenes a provision of this Act or of the regulations is guilty of an offence and liable to a fine of $325 to $700 and, in the case of a second or subsequent conviction, to a fine of $700 to $4,250.

1980, c. 32, s. 21; 1986, c. 58, s. 34; 1990, c. 4, s. 403; 1991, c. 33, s. 37.

22. Where an inspector ascertains that a building or construction work is not in conformity with this Act or the regulations, he must point out in writing to the contractor or owner of a public building the corrective work that appears necessary within such time as he indicates.

No proceedings may be instituted before the time fixed in the preceding paragraph has expired.

1980, c. 32, s. 22.

23. Penal proceedings for an offence under a provision of this Act or the regulations thereunder may be instituted, if section 7 applies, by the delegated municipality.

In the case of a delegated municipality, fines belong to the municipality.

1980, c. 32, s. 23; 1990, c. 4, s. 404; 1992, c. 61, s. 276; 1996, c. 2, s. 658.

24. Penal proceedings for an offence under a provision of this Act shall be prescribed by one year from the date on which the prosecutor became aware of the commission of the offence. However, no proceedings may be instituted where more than five years have elapsed from the date of the commission of the offence.

1980, c. 32, s. 24; 1992, c. 61, s. 277.

DIVISION VI TRANSITIONAL AND FINAL PROVISIONS

25. (Repealed).

1980, c. 32, s. 25; 1983, c. 9, s. 2.

26. (Amendment integrated into c. S-3, s. 4).

1980, c. 32, s. 26.

27. (Omitted).

1980, c. 32, s. 27.

28. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 32 of the statutes of 1980, in force on 31 December 1981, is repealed, except section 27, effective from the coming into force of chapter E-1.1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 4, 6 to 15, 18 to 24 and 26 of chapter 32 of the statutes of 1980, in force on 1 July 1983, are repealed, effective from the coming into force of the updating to 1 July 1983 of chapter E-1.1 of the Revised Statutes.

This Act will be replaced upon the coming into force of section 214 of chapter 34 of the statutes of 1985 on the date fixed by order of the Government.