N-1.01 - Act respecting energy efficiency and energy conservation standards for certain products

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter E-1.3

Act respecting energy efficiency and innovation

CHAPTER I ACTIONS TO FOSTER ENERGY EFFICIENCY AND INNOVATION

DIVISION I FUNCTIONS AND POWERS OF THE MINISTER

1. The Minister of Natural Resources and Wildlife is responsible for fostering and promoting energy efficiency and innovation.

The Minister is to draw up a comprehensive energy efficiency and innovation plan and ensure that it is implemented and followed up.

The Minister defines the content of fuel efficiency programs and measures, multi-energy-source programs and measures, and energy innovation programs and measures.

2011, c. 16, Sch. II, s. 1.

2. The Minister may

(1)  develop and implement energy efficiency and innovation programs and measures;

(2)  provide technical support for research and development in the field of energy efficiency and innovation;

(3)  implement energy efficiency and innovation measures to reduce greenhouse gases;

(4)  delegate to another party the implementation of energy efficiency and innovation programs and measures, including measures to reduce greenhouse gas emissions;

(5)  for the purposes of the comprehensive energy efficiency and innovation plan, follow up and assess the work done in the context of energy efficiency and innovation programs and measures, including measures to reduce greenhouse gases.

For the purposes of this section, the Minister may join forces with a partner active in the field of energy efficiency or energy innovation.

2011, c. 16, Sch. II, s. 2.

3. The Minister may require any person who is subject to this Act to provide, within the time specified, any information or document the Minister needs for the exercise of functions under this Act.

2011, c. 16, Sch. II, s. 3.

DIVISION II COMPREHENSIVE ENERGY EFFICIENCY AND INNOVATION PLAN

4. For the purposes of this Act,

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

“electric power distributor” means Hydro-Québec when carrying on electric power distribution activities;

“energy distributor” means a distributor of electric power, natural gas or fuel, 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 (1986, chapter 21);

“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;

“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;

“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;

“natural gas distributor” means a natural gas distributor as defined in section 2 of the Act respecting the Régie de l’énergie (chapter R-6.01);

“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.

2011, c. 16, Sch. II, s. 4.

5. Based on the Government’s energy strategies and policies, the Minister draws up, at least once every five years, a comprehensive plan outlining the measures proposed to promote more efficient energy use and innovation in the energy sector.

The plan must address all energy uses and cover all forms of energy over a five-year period.

2011, c. 16, Sch. II, s. 5.

6. The comprehensive plan must include

(1)  a status report with regard to energy efficiency and innovation in Québec;

(2)  policy directions, priorities and targets with regard to energy efficiency and innovation;

(3)  a summary of energy efficiency and energy innovation programs;

(4)  the list of energy efficiency projects submitted by the electric power distributor under the fourth paragraph of section 8; and

(5)  a summary of measures conducive to energy efficiency or innovation.

2011, c. 16, Sch. II, s. 6.

7. For the purpose of drawing up the comprehensive plan, the Minister

(1)  prepares, based on the information and comments provided by energy distributors and government departments and based on the Minister’s own observations and assessments, a status report which allows energy efficiency and innovation needs and potential to be determined;

(2)  prepares a consultation document, which includes the status report as well as the policy directions and priorities the Minister intends to pursue with regard to energy efficiency and innovation;

(3)  consults the persons and bodies to whom those policy directions and priorities are to be applicable;

(4)  establishes policy directions and priorities with regard to energy efficiency and innovation and communicates them to energy distributors and government departments so that they may follow them in preparing any programs or measures under the comprehensive plan; and

(5)  develops fuel efficiency programs and measures, multi-source-energy programs and measures, and energy innovation programs and measures.

2011, c. 16, Sch. II, s. 7.

8. For the purposes of the comprehensive plan, the electric power distributor and natural gas distributors must establish energy efficiency programs or any other measures to promote more efficient energy use and innovation in the energy sector, in accordance with the policy directions and priorities established by the Minister.

A program or measure must include a description of the actions to be carried out, the cost of those actions and a time frame for their achievement.

By the date set by the Minister, each distributor must send to the Minister a description of its programs and measures for each form of energy and sector of activity.

The electric power distributor must also send to the Minister a list of the energy efficiency projects it has chosen in the course of the year by means of the tender solicitation procedure established under section 74.1 of the Act respecting the Régie de l’énergie (chapter R-6.01).

2011, c. 16, Sch. II, s. 8.

9. On failure of the electric power distributor or a natural gas distributor to comply with section 8, the Minister defines the content of the distributor’s programs and measures at the distributor’s expense, after giving 30 days’ written notice to that effect.

2011, c. 16, Sch. II, s. 9.

10. The Minister examines the programs and measures of the electric power distributor and natural gas distributors. The Minister also examines the programs and measures proposed by other energy distributors or by government departments, with a view to integrating them into the comprehensive plan.

All energy efficiency and innovation programs and measures financed by the annual contributions paid under section 17 are part of the comprehensive plan, as are the programs and measures chosen by the Minister from among those proposed.

The Minister sets energy efficiency and innovation targets, based on the information provided by energy distributors and government departments and on the programs and measures that are part of the comprehensive plan.

2011, c. 16, Sch. II, s. 10.

11. The comprehensive plan is submitted to the Government for approval; once approved, it is made available to the public.

2011, c. 16, Sch. II, s. 11.

12. With the Government’s approval, the Minister may revise the comprehensive plan to reflect changes in the energy situation or in the programs and measures contained in the plan.

2011, c. 16, Sch. II, s. 12.

13. An energy distributor must carry out the programs and measures for which it is responsible under the comprehensive plan.

If an energy distributor is unable to carry out a program or measure within the time and in the manner specified in the comprehensive plan, it must notify the Minister. The Minister may, at the distributor’s expense, implement the programs and measures the distributor has failed to carry out, after giving 30 days’ written notice to that effect.

2011, c. 16, Sch. II, s. 13.

14. In order to follow up the programs and measures that must be carried out by an energy distributor, the Minister may require that the distributor submit a status report on the actions undertaken under the comprehensive plan and on the results obtained.

2011, c. 16, Sch. II, s. 14.

15. The Minister may charge fees for services the Minister provides with regard to energy efficiency, greenhouse gas reduction or energy innovation programs or measures.

2011, c. 16, Sch. II, s. 15.

16. For the period and subject to the conditions it determines, the Government sets the overall financial investment for actions designed to foster energy efficiency and innovation. The Government allocates this investment among the different forms of energy in order to determine the contribution payable by energy distributors under section 17.

2011, c. 16, Sch. II, s. 16.

17. Energy distributors must pay their annual contribution to the Minister in accordance with the due dates, rate and calculation method determined in a government regulation. The regulation may set the interest rate on amounts due and the penalties for non-payment.

The rate, calculation method and other terms referred to in the first paragraph may vary from one distributor or category of distributors to another. The regulation may also exempt a distributor or category of distributors.

A penalty set by the Government under the first paragraph may not exceed 15% of the amount that should have been paid.

The first paragraph applies to Hydro-Québec despite section 16 of the Hydro-Québec Act (chapter H-5).

2011, c. 16, Sch. II, s. 17.

18. Every distributor must file a statement with the Minister on the date set and in the form prescribed by the Minister, specifying, for the period covered by its preceding fiscal year,

(1)  the volume of natural gas or electric power it distributed;

(2)  the volume of fuel it brought into Québec for a purpose other than resale;

(3)  the volume of fuel intended for consumption in Québec it sold and refined in Québec or brought into Québec and, where applicable, the volume it exchanged with a person described in paragraph 1 of the definition of “fuel distributor” in section 4; and

(4)  any other information the Minister deems necessary for the purposes of this chapter, in the form prescribed by the Minister.

For the purposes of subparagraph 3 of the first paragraph, fuel sold in Québec is deemed to be intended for consumption in Québec.

2011, c. 16, Sch. II, s. 18.

19. The Minister determines the amount that each energy distributor must pay under the regulation referred to in section 17 and notifies the distributor of it.

The Minister may make an agreement with the Régie de l’énergie to entrust that body with such tasks as

(1)  the examination of the annual volume statements filed by energy distributors; and

(2)  the calculation of the annual contribution payable by each energy distributor.

The Minister collects the annual contributions and pays them, along with any interest and penalties, into the Natural Resources Fund established under section 17.12.12 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2). These sums are used for the purposes referred to in subparagraph 3 of the first paragraph of that section.

2011, c. 16, Sch. II, s. 19.

DIVISION III ENERGY EFFICIENCY AND ENERGY CONSERVATION STANDARDS FOR CERTAIN APPLIANCES

20. In this Act, the term “appliance” means any new household, commercial, industrial or institutional electrical or hydrocarbon-fuelled appliance.

2011, c. 16, Sch. II, s. 20.

21. The Government may, by regulation, set energy efficiency and energy conservation standards for the appliances or categories of appliances it determines.

These standards may include manufacturing and assembly standards.

2011, c. 16, Sch. II, s. 21.

22. The Government may regulate the labelling of appliances, particularly as to the form, content, size, colour, manner of affixing and position of the labels and special stamps appliances must bear, and the materials of which such labels and stamps must be made.

It may also determine the information that must appear on appliance packaging.

2011, c. 16, Sch. II, s. 22.

23. A regulation may make mandatory the energy efficiency, energy conservation or labelling standards set by a certifying or standards body. It may also prescribe energy efficiency testing procedures for appliances and require that appliances be approved or certified by such a body.

The regulation may provide that references to other texts include any subsequent amendments to those texts.

2011, c. 16, Sch. II, s. 23.

24. The Minister may, by way of exception, permit a manufacturer to apply energy efficiency or energy conservation standards different from those set by regulation, for a period of not more than five years and on the conditions determined by the Minister, to appliances or categories of appliances incorporating innovative technology, if it is demonstrated that the resulting energy consumption is equal to or lower than that permitted by regulation.

2011, c. 16, Sch. II, s. 24.

25. No person may manufacture, offer, sell or lease an appliance or otherwise dispose of it by gratuitous or onerous title by way of a commercial transaction if the appliance does not conform to the applicable energy efficiency and energy conservation standards.

This section does not apply to appliances marketed exclusively for use outside Québec.

2011, c. 16, Sch. II, s. 25.

26. The Government may, by regulation, require a manufacturer, vendor, renter or lessor of appliances to keep a register in prescribed form containing information pertaining to the carrying out of this Act.

2011, c. 16, Sch. II, s. 26.

CHAPTER II INSPECTION

27. The Minister may, in writing, designate personnel members of the department to act as inspectors.

2011, c. 16, Sch. II, s. 27.

28. An inspector may, for the purposes of this Act,

(1)  enter at any reasonable hour the establishment or the property of an energy distributor or any place where an appliance is manufactured, warehoused or offered for sale or lease;

(2)  examine any appliance, subject it to testing to see if it complies to this Act, take it to another place, if necessary, and return it as soon as possible once testing has been completed;

(3)  examine and make copies of books, records, accounts, files and other documents;

(4)  require that information be given and documents be produced; and

(5)  require to be accompanied by the person or persons of the inspector’s choice.

Any person who has the care, possession or control of books, registers, accounts, records or other documents must make them available to the inspector on request and facilitate their examination. The owner or person in charge of the premises referred to in subparagraph 1 of the first paragraph, or any person present on the premises, is required to assist the inspector in carrying out the inspection.

The inspector and any person accompanying the inspector must, if so requested, produce identification and proof of appointment.

2011, c. 16, Sch. II, s. 28.

29. Neither an inspector nor a person accompanying an inspector may be prosecuted by reason of an official act performed in good faith in the exercise of their functions.

2011, c. 16, Sch. II, s. 29.

30. No person may hinder the work of an inspector or a person accompanying an inspector in the exercise of their functions.

2011, c. 16, Sch. II, s. 30.

31. No person may refuse to provide information or documents required under this Act, or make, concur in or authorize a false or misleading statement in the course of an inspection.

2011, c. 16, Sch. II, s. 31.

32. If an inspector notes the absence of a prescribed label or the non-conformity of an appliance with energy efficiency or energy conservation standards, the inspector may affix a special stamp prescribed by regulation to the appliance, indicating that it cannot be marketed. The appliance cannot be marketed until the inspector acknowledges that it conforms to the prescribed standards and removes the stamp.

2011, c. 16, Sch. II, s. 32.

CHAPTER III PENAL PROVISIONS

33. A person who contravenes section 3, 30 or 31 is guilty of an offence and liable to a fine of $1,000 to $2,000.

2011, c. 16, Sch. II, s. 33.

34. An energy distributor who contravenes section 8, 13, 14 or 17 is guilty of an offence and liable to a fine of $2,500 to $25,000.

2011, c. 16, Sch. II, s. 34.

35. An energy distributor who fails to file the statement referred to in section 18, or files a statement containing false information, is liable to a fine of $1,000 to $2,000.

2011, c. 16, Sch. II, s. 35.

36. A manufacturer who contravenes a standard authorized by the Minister under section 24 is liable to a fine of $500 to $10,000 in the case of a natural person and $1,000 to $20,000 in the case of a legal person.

A person who contravenes section 25 is liable to the same penalty.

2011, c. 16, Sch. II, s. 36.

37. A manufacturer, vendor, renter or lessor who fails to keep a register as prescribed by a regulation made under section 26 is liable to the fine set out in section 36.

2011, c. 16, Sch. II, s. 37.

38. A person who offers, sells or leases an appliance or otherwise disposes of an appliance by gratuitous or onerous title by way of a commercial transaction without the prescribed label or with a label which does not conform to applicable labelling standards is liable to a fine of $500 to $10,000 in the case of a natural person and $1,000 to $20,000 in the case of a legal person.

2011, c. 16, Sch. II, s. 38.

39. A person who removes or alters a label affixed to an appliance pursuant to this Act or removes a special stamp affixed to an appliance by an inspector is liable to a fine of $1,000 to $5,000 in the case of a natural person and $1,500 to $10,000 in the case of a legal person.

2011, c. 16, Sch. II, s. 39.

40. For a second or subsequent offence, the fines provided for in sections 33 to 39 are doubled.

2011, c. 16, Sch. II, s. 40.

CHAPTER IV AMENDING AND TRANSITIONAL PROVISIONS

41. (Omitted).

2011, c. 16, Sch. II, s. 41.

42. The Agence de l’efficacité énergétique is dissolved without any other formality than those provided for in this Act.

2011, c. 16, Sch. II, s. 42.

43. (Omitted).

2011, c. 16, Sch. II, s. 43.

44. (Amendment integrated into c. M-25.2, s. 12).

2011, c. 16, Sch. II, s. 44.

45. (Amendment integrated into c. P-32, s. 15).

2011, c. 16, Sch. II, s. 45.

46. (Amendment integrated into c. R-6.01, s. 25).

2011, c. 16, Sch. II, s. 46.

47. (Amendment integrated into c. R-6.01, s. 31).

2011, c. 16, Sch. II, s. 47.

48. (Amendment integrated into c. R-6.01, s. 32.1).

2011, c. 16, Sch. II, s. 48.

49. (Amendment integrated into c. R-6.01, s. 36).

2011, c. 16, Sch. II, s. 49.

50. (Amendment integrated into c. R-6.01, s. 49).

2011, c. 16, Sch. II, s. 50.

51. (Omitted).

2011, c. 16, Sch. II, s. 51.

52. (Amendment integrated into c. R-6.01, s. 102).

2011, c. 16, Sch. II, s. 52.

53. (Amendment integrated into c. R-6.01, s. 112).

2011, c. 16, Sch. II. s. 53.

54. (Amendment integrated into c. R-6.01, s. 114).

2011, c. 16, Sch. II, s. 54.

55. (Amendment integrated into c. R-6.01, s. 116).

2011, c. 16, Sch. II, s. 55.

56. (Amendment integrated into c. R-6.01, s. 117).

2011, c. 16, Sch. II, s. 56.

57. The assets and liabilities of the Agence de l’efficacité énergétique are transferred to the Minister of Natural Resources and Wildlife and are allocated to the energy efficiency and innovation component of the Natural Resources Fund established by section 17.12.12 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2).

2011, c. 16, Sch. II, s. 57.

58. The financial assistance programs of the Agence de l’efficacité énergétique in force on 1 July 2011 continue to apply until they are replaced or abolished by the Minister of Natural Resources and Wildlife, with the approval of the Conseil du trésor.

2011, c. 16, Sch. II, s. 58.

59. The Regulation respecting the energy efficiency of electrical or hydrocarbon-fuelled appliances (chapter E-1.2, r. 1) remains in force until it is replaced or repealed by a regulation made under this Act.

2011, c. 16, Sch. II, s. 59.

60. The Regulation respecting the annual share payable to the Agence de l’efficacité énergétique (chapter R-6.01, r. 5) continues to apply, except sections 3, 8 and 9, until it is replaced by a regulation made under this Act.

Until that regulation is replaced, it continues to apply with the following modifications:

(1)  a reference to the annual share payable to the Agence de l’efficacité énergétique is a reference to the annual contribution payable to the Minister of Natural Resources and Wildlife under section 17;

(2)  a reference to the revenues required by the Agence for a form of energy or group of fuels is a reference to the overall financial investment allocated to each form of energy determined by the Government under section 16;

(3)  a reference to the Régie de l’énergie is a reference to the Minister of Natural Resources and Wildlife;

(4)  a reference to the fiscal year of the Agence is a reference to the fiscal year of the Natural Resources Fund of the Ministère des Ressources naturelles et de la Faune established by section 17.12.12 of the Act respecting the Ministère des Ressources naturelles et de la Faune (chapter M-25.2).

2011, c. 16, Sch. II, s. 60.

61. The annual contribution payable by an energy distributor to the Minister of Natural Resources and Wildlife under section 17 is determined, for the 2011-2012 fiscal year, on the basis of the statements filed with the Régie de l’énergie in accordance with section 85.31 of the Act respecting the Régie de l’énergie (chapter R-6.01).

For subsequent fiscal years, the contribution is determined on the basis of the statements filed with the Minister of Natural Resources and Wildlife in accordance with section 18.

2011, c. 16, Sch. II, s. 61.

62. The amount of the annual share determined by the Régie de l’énergie for the 2011-2012 fiscal year under paragraph 3 of section 85.25 of the Act respecting the Régie de l’énergie (chapter R-6.01) is replaced by the amount of the annual contribution determined by the Minister under section 19. The first quarterly payment that an energy distributor will have paid by 30 June 2011 under section 24.2 of the Act respecting the Agence de l’efficacité énergétique (chapter A-7.001) is deducted from the amount of that contribution. The remainder is payable in three equal quarterly payments.

2011, c. 16, Sch. II, s. 62.

63. The Régie de l’énergie sends to the Ministère des Ressources naturelles et de la Faune a copy of the annual statements of volumes filed by energy distributors under section 85.31 of the Act respecting the Régie de l’énergie (chapter R-6.01) for the 2010-2011 fiscal year.

2011, c. 16, Sch. II, s. 63.

64. The comprehensive energy efficiency and new technologies plan 2007-2010 developed by the Agence de l’efficacité énergétique is maintained until its replacement by the comprehensive energy efficiency and innovation plan provided for in this Act.

2011, c. 16, Sch. II, s. 64.

65. The Minister of Natural Resources and Wildlife replaces the Agence de l’efficacité énergétique, acquires its rights and assumes its obligations.

2011, c. 16, Sch. II, s. 65.

66. The term of the board members of the Agence de l’efficacité énergétique ends on 1 July 2011.

The term of the president and chief executive officer ends without compensation other than the allowance provided for in section 22 of the Règles concernant la rémunération et les autres conditions de travail des titulaires d’un emploi supérieur à temps plein (O.C. 450-2007, 2007-06-20, French only).

2011, c. 16, Sch. II, s. 66.

67. The personnel members of the Agence de l’efficacité énergétique in office on 11 November 2010 and still in office on 30 June 2011 become, without further formality, employees of the Ministère des Ressources naturelles et de la Faune except those exercising the powers and duties of jurists or legal managers, who become employees of the Ministère de la Justice. They are deemed to have been appointed under the Public Service Act (chapter F-3.1.1). For casual employees of the Agence, this applies only to the unexpired portion of their contract.

The Conseil du trésor determines their remuneration and their classification and any other condition of employment applicable to them.

The same applies to personnel members of the Agence de l’efficacité énergétique who were appointed after 11 November 2010, provided the appointment was authorized by the secretary of the Conseil du trésor.

2011, c. 16, Sch. II, s. 67.

68. The records and other documents of the Agence de l’efficacité énergétique become records and documents of the Minister of Natural Resources and Wildlife.

2011, c. 16, Sch. II, s. 68.

69. Civil proceedings to which the Agence de l’efficacité énergétique is a party are continued by the attorney acting for or on behalf of the Attorney General of Québec, on the filing of a representation statement on behalf of the Attorney General of Québec and without continuance of suit.

2011, c. 16, Sch. II, s. 69; I.N. 2016-01-01 (NCCP).

70. In any regulation, by-law, order in council, ministerial order, contract or other document, unless the context indicates otherwise and with the necessary modifications, a reference to the minister designated by the Government as the Minister responsible for the administration of the Act respecting the Agence de l’efficacité énergétique (chapter A-7.001) is replaced by a reference to the Minister of Natural Resources and Wildlife.

In addition, any reference to the Agence de l’efficacité énergétique is struck out in

(1)  (amendment integrated into c. A-6.001, Schedule 2);

(2)  (amendment integrated into c. R-8.2, Schedule C);

(3)  (amendment integrated into c. R-10, Schedule I);

(4)  (amendment integrated into c. R-12.1, Schedule II).

2011, c. 16, Sch. II, s. 70.

CHAPTER V FINAL PROVISIONS

71. This Act is binding on the Government and its departments and bodies.

2011, c. 16, Sch. II, s. 71.

72. The Minister of Natural Resources and Wildlife is responsible for the administration of this Act.

2011, c. 16, Sch. II, s. 72.

The Minister of Economy, Innovation and Energy exercises the functions of the Minister of Natural Resources and Wildlife. Order in Council 1641-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6515.

73. (Omitted).

2011, c. 16, Sch. II, s. 73.