A-33.02 - Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions

À jour au 12 mai 2022

Ce document a valeur officielle.

chapter A-33.02

Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions

CHAPTER I GENERAL PROVISIONS

2016, c. 23, c. I.

1. The purpose of this Act is to reduce the quantity of greenhouse gases and other pollutants emitted into the atmosphere by motor vehicles travelling on Québec roads and so reduce their adverse environmental effects.

2016, c. 23, s. 1.

2. In this Act,

“gross vehicle weight rating” means the value specified by the motor vehicle manufacturer as the weight of a single loaded vehicle;

“model year” means the year used by a motor vehicle manufacturer to designate a particular vehicle model irrespective of the year in which the vehicle was produced; and

“motor vehicle” means a motor vehicle that is used to carry up to nine persons at a time or property on a public highway and whose gross vehicle weight rating is less than 4,500 kg.

Mopeds and motorcycles as defined in section 4 of the Highway Safety Code (chapter C‑24.2) are not motor vehicles within the meaning of the first paragraph.

2016, c. 23, s. 2.

CHAPTER II CREDITS AND CHARGES

2016, c. 23, c. II.

3. When, on average, for three consecutive model years, more than 4,500 new motor vehicles are sold or leased in Québec by a motor vehicle manufacturer, that manufacturer must, for the model year that immediately follows the last of those three consecutive model years, accumulate credits whose number is determined according to the parameters, calculation method and conditions determined by government regulation.

If the average number of new motor vehicles referred to in the first paragraph is equal to or less than 4,500, a motor vehicle manufacturer may, even if not required to do so, accumulate credits according to the same parameters, calculation method and conditions as those provided for in this chapter.

2016, c. 23, s. 3.

4. The Government may, by regulation, classify motor vehicle manufacturers by category. The parameters, calculation method and conditions referred to in section 3 may then vary according to the category of manufacturer to which they apply.

2016, c. 23, s. 4.

5. Each year, the Minister must draw up a list, by model year, of the new or reconditioned motor vehicles whose sale or lease enables a motor vehicle manufacturer to accumulate credits. The Minister must publish the list in the Gazette officielle du Québec and post it on the website of the Minister’s department not later than 1 May of each year. The Minister may, in the list, include specifications for each of those vehicles.

The Minister may update the list at any time, and must publish and post the amended list as set out in the first paragraph.

2016, c. 23, s. 5.

6. A motor vehicle manufacturer may accumulate credits under section 3

(1)  by selling or leasing, in Québec, new motor vehicles whose number, for each model year, is established according to the calculation method determined by government regulation and which meet the following conditions and any conditions the Government may determine in the regulations:

(a)  they must be propelled, either solely or in conjunction with another means of propulsion, by an electric motor, a hydrogen internal combustion engine or another means of propulsion that emits no pollutants;

(b)  if the electric motor referred to in subparagraph a draws current from a battery, the battery must be rechargeable from a source that is not on board the vehicle; and

(c)  they must appear in the list drawn up under section 5;

(2)  by selling or leasing, in Québec, reconditioned motor vehicles whose number, for each model year, is established according to the calculation method determined by government regulation and which meet the same conditions as those which must be met by new motor vehicles under paragraph 1 and the following conditions:

(a)  they are sold or leased for the first time in Québec; and

(b)  any other condition prescribed by regulation; or

(3)  by acquiring them from another motor vehicle manufacturer that has accumulated them under this Act.

2016, c. 23, s. 6.

7. A motor vehicle manufacturer may alienate its credits by onerous title or by gratuitous title to another motor vehicle manufacturer to which this Act applies. The contract between the parties must be evidenced in writing.

The alienation of a credit under the first paragraph must be reported to the Minister by each party to the contract in the manner prescribed by government regulation.

For the purposes of section 8, the Minister does not consider an alienation of credits and does not enter it in the register kept under section 11 unless both parties to the contract have reported the alienation.

2016, c. 23, s. 7.

8. At the end of each period of three consecutive calendar years, the Minister establishes, not later than 1 September following that period, the number of credits accumulated by a motor vehicle manufacturer for each of the three model years that corresponds to one of the three calendar years concerned.

The credits accumulated by a motor vehicle manufacturer through the sale or lease of a motor vehicle referred to in paragraph 2 of section 6 are considered, for the purposes of this section, to have been accumulated for the model year, among those referred to in the first paragraph, that corresponds to the calendar year during which it was sold or leased for the first time in Québec.

A motor vehicle manufacturer that has not accumulated the number of credits required to fulfill its obligations under this Act or the regulations must, within three months after the Minister sends a notice of claim, pay to the Minister a charge whose parameters, calculation method, conditions and terms of payment are determined by government regulation.

The Government determines, by regulation, the value of a credit for the purpose of calculating the charge.

2016, c. 23, s. 8; 2020, c. 19, s. 23.

9. A motor vehicle manufacturer that, at the end of a period referred to in section 8, has accumulated a number of credits greater than that required to fulfill its obligations under this Act or the regulations may use or alienate the excess credits later.

The Minister may, by regulation,

(1)  limit the number of credits referred to in the first paragraph that may be used by a motor vehicle manufacturer during a later period for the purpose of establishing the number of credits it has accumulated;

(2)  determine a conversion factor applicable to the credits referred to in the first paragraph for their use by a motor vehicle manufacturer during a later period for the purpose of establishing the number of credits it has accumulated; and

(3)  limit the number of consecutive periods later than the period in which the credits referred to in the first paragraph were accumulated and at the end of which those credits may be used by a motor vehicle manufacturer for the purpose of establishing the number of credits it has accumulated.

2016, c. 23, s. 9; 2022, c. 8, s. 4.

CHAPTER III REGISTER

2016, c. 23, c. III.

10. A motor vehicle manufacturer referred to in the first paragraph of section 3 must, not later than 1 September of each year, report to the Minister, under oath, the information determined by government regulation; the regulation must also prescribe the manner in which the report is to be made. Motor vehicle manufacturers referred to in the second paragraph of section 3 may report this information at any time.

2016, c. 23, s. 10.

11. The Minister keeps a register in which the Minister enters the information reported by motor vehicle manufacturers under section 10.

2016, c. 23, s. 11.

12. On the basis of the information reported by the motor vehicle manufacturers, the Minister establishes for each of them, within three months after the date of their report, the number of credits accumulated for the model years covered by the report, and enters them in the register. The Minister also enters in the register the credits established under the first paragraph of section 8.

Before entering the credits in the register, the Minister must give the motor vehicle manufacturer concerned written notice of the number of credits the Minister intends to enter, and grant it at least 15 days to submit observations. At the end of that time, the Minister notifies the Minister’s decision to the motor vehicle manufacturer.

2016, c. 23, s. 12.

13. In addition to the other conditions set out in Chapter II that must be met in order for a credit to be entered in the register, any new or reconditioned motor vehicle that is considered in calculating the credit must be registered in Québec when the report required under section 10 is made.

2016, c. 23, s. 13.

14. The Minister may refuse to enter in the register any information reported by a motor vehicle manufacturer that is false or inaccurate.

The Minister must give the motor vehicle manufacturer prior notice of the Minister’s intention and grant it at least 15 days to submit observations. The notice must include the reasons on which the refusal is based. At the end of that time, the Minister notifies the Minister’s decision to the motor vehicle manufacturer.

2016, c. 23, s. 14.

15. The information in the register referred to in section 11 is public.

The Minister may, however, prescribe by regulation that some of that information that the Minister determines is not public.

2016, c. 23, s. 15.

CHAPTER IV INSPECTION AND INVESTIGATION

2016, c. 23, c. IV; 2022, c. 8, s. 5.

16. 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 conducted and to the notices of execution that are notified for the purposes of this Act or the regulations.

2016, c. 23, s. 16; 2022, c. 8, s. 5.

17. (Replaced).

2016, c. 23, s. 17; 2022, c. 8, s. 5.

18. (Replaced).

2016, c. 23, s. 18; 2022, c. 8, s. 5.

CHAPTER V MONETARY ADMINISTRATIVE PENALTIES

2016, c. 23, c. V.

18.1. A monetary administrative penalty of $5,000 may be imposed on a motor vehicle manufacturer that provides inaccurate information or an incomplete document for the purposes of this Act and the regulations.

2022, c. 8, s. 6.

19. A monetary administrative penalty of $1,500 may be imposed on a motor vehicle manufacturer that, in contravention of this Act, fails to provide information or documents required under this Act or necessary for its application, or fails to file them in the prescribed time.

2016, c. 23, s. 19; 2022, c. 8, s. 7.

20. 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 motor vehicle manufacturer that fails to comply with a provision of this Act or the regulations.

2016, c. 23, s. 20; 2022, c. 8, s. 8.

21. (Replaced).

2016, c. 23, s. 21; 2022, c. 8, s. 8.

22. (Replaced).

2016, c. 23, s. 22; 2022, c. 8, s. 8.

23. (Replaced).

2016, c. 23, s. 23; 2022, c. 8, s. 8.

24. (Replaced).

2016, c. 23, s. 24; 2022, c. 8, s. 8.

25. (Replaced).

2016, c. 23, s. 25; 2022, c. 8, s. 8.

26. (Replaced).

2016, c. 23, s. 26; 2022, c. 8, s. 8.

27. (Replaced).

2016, c. 23, s. 27; 2022, c. 8, s. 8.

28. (Replaced).

2016, c. 23, s. 28; 2022, c. 8, s. 8.

29. (Replaced).

2016, c. 23, s. 29; 2022, c. 8, s. 8.

CHAPTER VI PROCEEDINGS BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

2016, c. 23, c. VI.

30. A motor vehicle manufacturer may contest, before the Administrative Tribunal of Québec,

(1)  the number of credits entered in the register for the motor vehicle manufacturer by the Minister under section 12; or

(2)  a refusal by the Minister, under section 14, to register any information reported by the motor vehicle manufacturer.

2016, c. 23, s. 30.

31. (Repealed).

2016, c. 23, s. 31; 2022, c. 8, s. 9.

32. A proceeding must be brought within 60 days of notification of the contested decision.

2016, c. 23, s. 32.

CHAPTER VII PENAL PROVISIONS

2016, c. 23, c. VII.

33. Anyone who fails to provide information or documents required under this Act or necessary for its application, or fails to file them in the prescribed time, commits an offence and is liable to a fine of $2,000 to $100,000 in the case of a natural person and of $6,000 to $600,000 in any other case.

2016, c. 23, s. 33; 2022, c. 8, s. 10.

34. Anyone who provides false or misleading information for the application of this Act and the regulations commits an offence and is liable to a fine of $5,000 to $500,000 in the case of a natural person and of $15,000 to $3,000,000 in any other case.

2016, c. 23, s. 34; 2022, c. 8, s. 10.

35. 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 by regulation.

2016, c. 23, s. 35; 2022, c. 8, s. 10.

36. (Replaced).

2016, c. 23, s. 36; 2022, c. 8, s. 10.

37. (Replaced).

2016, c. 23, s. 37; 2022, c. 8, s. 10.

38. (Replaced).

2016, c. 23, s. 38; 2022, c. 8, s. 10.

39. (Replaced).

2016, c. 23, s. 39; 2022, c. 8, s. 10.

40. (Replaced).

2016, c. 23, s. 40; 2022, c. 8, s. 10.

41. (Replaced).

2016, c. 23, s. 41; 2022, c. 8, s. 10.

42. (Replaced).

2016, c. 23, s. 42; 2022, c. 8, s. 10.

43. (Replaced).

2016, c. 23, s. 43; 2022, c. 8, s. 10.

44. (Replaced).

2016, c. 23, s. 44; 2022, c. 8, s. 10.

45. (Replaced).

2016, c. 23, s. 45; 2022, c. 8, s. 10.

46. (Replaced).

2016, c. 23, s. 46; 2022, c. 8, s. 10.

CHAPTER VIII MISCELLANEOUS PROVISIONS

2016, c. 23, c. VIII.

47. 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.

2016, c. 23, s. 47; 2017, c. 4, s. 257; 2022, c. 8, s. 11.

48. (Replaced).

2016, c. 23, s. 48; 2022, c. 8, s. 11.

49. (Replaced).

2016, c. 23, s. 49; 2022, c. 8, s. 11.

50. (Replaced).

2016, c. 23, s. 50; 2022, c. 8, s. 11.

51. (Replaced).

2016, c. 23, s. 51; 2022, c. 8, s. 11.

52. (Replaced).

2016, c. 23, s. 52; 2022, c. 8, s. 11.

53. (Replaced).

2016, c. 23, s. 53; 2022, c. 8, s. 11.

54. (Replaced).

2016, c. 23, s. 54; 2022, c. 8, s. 11.

55. (Replaced).

2016, c. 23, s. 55; 2022, c. 8, s. 11.

56. (Replaced).

2016, c. 23, s. 56; 2022, c. 8, s. 11.

57. (Replaced).

2016, c. 23, s. 57; 2022, c. 8, s. 11.

58. (Replaced).

2016, c. 23, s. 58; 2022, c. 8, s. 11.

59. The sums paid to the Minister under this Act or the regulations are credited to the Electrification and Climate Change Fund established under the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M‑30.001) and are to be used to finance measures to mitigate the impact of climate change on the environment, including measures to reduce greenhouse gas and other pollutant emissions into the atmosphere.

2016, c. 23, s. 59; 2017, c. 4, s. 258; 2020, c. 19, s. 30.

60. When the activities described in section 3 are carried on by a legal person, partnership or association without legal personality in which a motor vehicle manufacturer holds, directly or indirectly, more than 33% of the voting rights attached to the shares or other equity securities, this Act applies, with the necessary modifications, to that legal person, partnership or association.

2016, c. 23, s. 60.

61. The Société de l’assurance automobile du Québec must, at the Minister’s request, provide the Minister with any information enabling the Minister to ensure compliance with this Act and the regulations.

2016, c. 23, s. 61.

62. The Minister may, by agreement, delegate the keeping of the register established under section 11 and the administration of all or part of a regulation made under this Act to a person or body.

2016, c. 23, s. 62; 2022, c. 8, s. 12.

62.1. (Repealed).

2020, c. 19, s. 24; 2022, c. 8, s. 13.

CHAPTER IX AMENDING PROVISION

2016, c. 23, c. IX.

Act respecting administrative justice

63. (Amendment integrated into c. J-3, Schedule III).

2016, c. 23, s. 63.

CHAPTER X TRANSITIONAL AND FINAL PROVISIONS

2016, c. 23, c. X.

64. The 2018 model year is the first one for which the obligation to accumulate credits under the first paragraph of section 3 applies and for which charges may be required under the second paragraph of section 8.

The date on which the Minister first establishes, under the first paragraph of section 8, the number of credits accumulated by a motor vehicle manufacturer is 1 September 2019.

New or reconditioned motor vehicles for the 2014, 2015, 2016 and 2017 model years sold or leased in Québec give entitlement to credits if they meet the conditions set out in sections 6 and 13, according to the value, parameters, calculation method and conditions determined by government regulation.

2016, c. 23, s. 64.

65. This Act also applies to new or reconditioned motor vehicles for the 2014, 2015, 2016, 2017 and 2018 model years that are sold or leased in Québec before the date of its coming into force.

2016, c. 23, s. 65.

66. The Minister must, not later than 11 January 2021, report to the Government on the implementation of this Act and, every four years after that, report to the Government on its carrying out.

The report is tabled by the Minister in the National Assembly within the next 15 days or, if the Assembly is not sitting, within 15 days of resumption.

2016, c. 23, s. 66.

67. The Minister responsible for the environment is responsible for the administration of this Act.

2016, c. 23, s. 67.

68. (Omitted).

2016, c. 23, s. 68.