H-5 - Hydro-Québec Act

Section 22.0.1.1 Disposition versions

2023-02-16

22.0.1.1. The rate prices set out in Schedule I are adjusted by operation of law on 1 April each year, by a rate corresponding to the annual change in the overall average Québec consumer price index without alcoholic beverages, tobacco products and recreational cannabis for the 12-month period ending on 30 September of the year preceding that for which the rate prices are to be adjusted, except Rate L prices, credits for supply at medium or high voltage and the adjustment for transformation losses, which are to be adjusted according to the formula A × [1 + B], and the prices of Rates D, DM, DN, DP, DT, Additional electricity–Photosynthesis or Space Heating to Raise Crops, Winter Credit Option–Rate D and Flex D, of the Dual-Energy Domestic Rate–Inukjuak System and of the Credit for supply applicable to domestic rates.

In the formula in the first paragraph, the letter A represents, as applicable, Rate L prices, credits for supply at medium or high voltage or the adjustment for transformation losses as at 31 March preceding the adjustment, and the letter B represents the rate corresponding to the annual change in the overall average Québec consumer price index without alcoholic beverages, tobacco products and recreational cannabis for the 12-month period ending on 30 September of the year preceding that for which Rate L prices, credits for supply at medium or high voltage and the adjustment for transformation losses are to be adjusted, multiplied by, as applicable, a rate in the event of inflation or a rate in the event of deflation that makes it possible to maintain the competitiveness of Rate L, which is determined by the Régie de l’énergie on 1 April each year. That rate is determined on the basis of the information sent to the Régie under section 75.1 of the Act respecting the Régie de l’énergie (chapter R-6.01) and the information and documents communicated when the rates for the distribution of electric power are fixed or modified under section 48 of that Act. When determining the applicable rate, the Régie must, in particular, take into account the principle of cross-subsidization between rates. The Régie shall publish that rate on its website.

The prices of Rates D, DM, DN, DP, DT, Additional electricity– Photosynthesis or Space Heating to Raise Crops, Winter Credit Option–Rate D and Flex D, of the Dual-Energy Domestic Rate–Inukjuak System and of the Credit for supply applicable to domestic rates are adjusted by operation of law on 1 April each year, according to the following formula:

A × (1 + B).

In the formula in the third paragraph,

(1)  the letter A represents a rate price as at the preceding 31 March;

(2)  the letter B represents the lesser of

(a)  the rate corresponding to the annual change in the overall average Québec consumer price index without alcoholic beverages, tobacco products and recreational cannabis for the 12-month period ending on 30 September of the year preceding that for which the price referred to in subparagraph 1 is to be adjusted; and

(b)  the top rate of the Bank of Canada’s inflation-control range as at 30 September of the year preceding that for which the price referred to in subparagraph 1 is to be adjusted.

Despite the preceding paragraphs, rate prices are not adjusted

(1)  in the year in which the Régie fixes or modifies the rates under section 48.2 of the Act respecting the Régie de l’énergie;

(2)  in the year in which the Régie modifies the price of that rate on 1 April of that year under section 48.3 of the Act respecting the Régie de l’énergie; and

(3)  in the year following the one in which the Régie fixed or modified the price of that rate after 1 April under sections 48.3 and 48.4 of the Act respecting the Régie de l’énergie.

The Régie shall publish, in the Gazette officielle du Québec, the schedule modified following the adjustment provided for in this section. Based on the published schedule, the Minister of Justice shall ensure that the rates set out in Schedule I are updated in the Compilation of Québec Laws and Regulations.

2019, c. 27, s. 2; 2023, c. 1, s. 3.

2020-04-01

22.0.1.1. The rate prices set out in Schedule I are adjusted by operation of law on 1 April each year, by a rate corresponding to the annual change in the overall average Québec consumer price index without alcoholic beverages, tobacco products and recreational cannabis for the 12-month period ending on 30 September of the year preceding that for which the rate prices are to be adjusted, except Rate L prices, credits for supply at medium or high voltage and the adjustment for transformation losses, which are to be adjusted according to the formula A × [1 + B].

In the formula in the first paragraph, the letter A represents, as applicable, Rate L prices, credits for supply at medium or high voltage or the adjustment for transformation losses as at 31 March preceding the adjustment, and the letter B represents the rate corresponding to the annual change in the overall average Québec consumer price index without alcoholic beverages, tobacco products and recreational cannabis for the 12-month period ending on 30 September of the year preceding that for which Rate L prices, credits for supply at medium or high voltage and the adjustment for transformation losses are to be adjusted, multiplied by, as applicable, a rate in the event of inflation or a rate in the event of deflation that makes it possible to maintain the competitiveness of Rate L, which is determined by the Régie de l’énergie on 1 April each year. That rate is determined on the basis of the information sent to the Régie under section 75.1 of the Act respecting the Régie de l’énergie (chapter R-6.01) and the information and documents communicated when the rates for the distribution of electric power are fixed or modified under section 48 of that Act. When determining the applicable rate, the Régie must, in particular, take into account the principle of cross-subsidization between rates. The Régie shall publish that rate on its website.

Notwithstanding the first paragraph, rate prices are not adjusted

(1)  in the year in which the Régie fixes or modifies the rates under section 48.2 of the Act respecting the Régie de l’énergie;

(2)  in the year in which the Régie modifies the price of that rate on 1 April of that year under section 48.3 of the Act respecting the Régie de l’énergie; and

(3)  in the year following the one in which the Régie fixed or modified the price of that rate after 1 April under sections 48.3 and 48.4 of the Act respecting the Régie de l’énergie.

The Régie shall publish, in the Gazette officielle du Québec, the schedule modified following the adjustment provided for in this section. Based on the published schedule, the Minister of Justice shall ensure that the rates set out in Schedule I are updated in the Compilation of Québec Laws and Regulations.

2019, c. 27, s. 2.