M-30.001 - Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs

Section 10.5 Disposition versions

2024-03-27

10.5. Within the climate change framework policy referred to in section 46.3 of the Environment Quality Act (chapter Q-2), the Minister determines, for a five-year period, the amount of the energy distributors’ financial investment, by form of energy, to help support the energy transition measures arising from the implementation of the climate change framework policy referred to in section 46.3 of the Environment Quality Act.

Every energy distributor must pay to the Minister its annual contribution determined by the Régie de l’énergie in accordance with the due dates, the rate and the calculation method prescribed by government regulation. The regulation may also prescribe the terms of payment, the rate of interest on sums due and the penalties payable for failure to pay.

The rate, calculation method and terms of payment referred to in the second paragraph may, among other things, vary from one distributor or class of distributors to another. The regulation may also exempt a distributor or class of distributors.

The amount of the penalty that may be determined by the Government under the second paragraph may not exceed 15% of the sums due.

For the purposes of this section,

“energy distributor” means

(1)  an identified energy distributor as defined in section 10.2;

(2)  a fuel distributor; or

(3)  a municipal electric power system governed by the Act respecting municipal and private electric power systems (chapter S-41) or 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 and repealing the Act to promote rural electrification by means of electricity cooperatives (1986, chapter 21); and

“fuel distributor” means

(1)  a person who refines, manufactures, mixes, prepares or distils fuel in Québec;

(2)  a person who 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;

(3)  a person who, in Québec, exchanges fuel with a person described in paragraph 1; or

(4)  a legal person or partnership that brings fuel into Québec for a purpose other than resale.

For the purposes of the definition of “fuel distributor” in the fifth paragraph, “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.

For the purposes of the sixth paragraph,

“diesel fuel” means a liquid mixture of hydrocarbons obtained from the refining of petroleum and intended to supply diesel engines;

“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;

“propane” means a liquid mixture of hydrocarbons obtained from the refining of petroleum or the processing of natural gas and used either as spark ignition engine fuel or for such purposes as cooking and domestic, commercial, institutional and industrial heating.

2024, c. 5, s. 22.

2024-03-27

10.5. Within the climate change framework policy referred to in section 46.3 of the Environment Quality Act (chapter Q-2), the Minister determines, for a five-year period, the amount of the energy distributors’ financial investment, by form of energy, to help support the energy transition measures arising from the implementation of the climate change framework policy referred to in section 46.3 of the Environment Quality Act.

Every energy distributor must pay to the Minister its annual contribution determined by the Régie de l’énergie in accordance with the due dates, the rate and the calculation method prescribed by government regulation. The regulation may also prescribe the terms of payment, the rate of interest on sums due and the penalties payable for failure to pay.

The rate, calculation method and terms of payment referred to in the second paragraph may, among other things, vary from one distributor or class of distributors to another. The regulation may also exempt a distributor or class of distributors.

The amount of the penalty that may be determined by the Government under the second paragraph may not exceed 15% of the sums due.

For the purposes of this section,

“energy distributor” means

(1)  an identified energy distributor as defined in section 10.2;

(2)  a fuel distributor; or

(3)  a municipal electric power system governed by the Act respecting municipal and private electric power systems (chapter S-41) or 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 and repealing the Act to promote rural electrification by means of electricity cooperatives (1986, chapter 21); and

“fuel distributor” means

(1)  a person who refines, manufactures, mixes, prepares or distils fuel in Québec;

(2)  a person who 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;

(3)  a person who, in Québec, exchanges fuel with a person described in paragraph 1; or

(4)  a legal person or partnership that brings fuel into Québec for a purpose other than resale.

For the purposes of the definition of “fuel distributor” in the fifth paragraph, “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.

For the purposes of the sixth paragraph,

“diesel fuel” means a liquid mixture of hydrocarbons obtained from the refining of petroleum and intended to supply diesel engines;

“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;

“propane” means a liquid mixture of hydrocarbons obtained from the refining of petroleum or the processing of natural gas and used either as spark ignition engine fuel or for such purposes as cooking and domestic, commercial, institutional and industrial heating.

2024, c. 5, s. 22.