Act respecting the «Agence de l’efficacité énergétique» (R.S.Q., c. A-7.001)

§ 1. — Preparation of the comprehensive plan 22.1. An electric power or natural gas distributor must establish and send the agency, within the time limit the agency specifies, (1) its three-year energy efficiency targets for the various sectors of activity; (2) a three-year projected timetable for reaching those targets; and (3) its three-year energy efficiency priorities for reaching the targets. The agency shall establish, within the same time limit, the three-year energy efficiency targets, projected timetable and priorities mentioned in the first paragraph that apply to fuels, new energy technologies or more than one form of file:///D/HTML/que52901.htm[16.01.2025 09:57:53] An Act respecting the Agence de l'efficacité énergétique energy. Priorities must deal with the approaches to be taken to comply with the Government's energy efficiency policy directions. 2006, c. 46, s. 14. 22.2. The agency must submit to the Government, for approval, the three-year energy efficiency targets, projected timetable and priorities established in accordance with section 22.1. 2006, c. 46, s. 14. 22.3. If an electric power or natural gas distributor fails to comply with section 22.1, the agency shall establish the distributor's three-year energy efficiency targets, projected timetable and priorities, at the distributor's expense. The agency, however, must give the distributor a 10-day written notice of default. 2006, c. 46, s. 14. 22.4. Following government approval, the agency shall prepare a comprehensive three-year plan outlining all the actions proposed to promote a better use of energy and the development of new energy technologies. The plan must address all energy uses and cover all forms of energy over a 10-year period. 2006, c. 46, s. 14. 22.5. The comprehensive plan must include, among other things: (1) the Government's general energy policy directions and energy priorities; (2) the three-year energy efficiency targets, projected timetables and priorities approved by the Government; (3) the consultation report; (4) a description of the regulatory or other proposals on energy efficiency and new energy technologies; (5) a description of the programs and actions promoting energy efficiency, presented by deadline, form of energy and sector of activity; (6) a description of the programs to support technological innovation; (7) a description of the actions aimed at increasing awareness about energy efficiency and new energy technologies or providing information on or training or education in those fields; (8) information on the savings that may result from the implementation of the programs and actions in the plan; (9) the annual amount the agency and each energy distributor intend to allocate to programs and actions promoting energy efficiency and new energy technologies; and (10) an estimate of the costs of carrying out the elements of the plan. 2006, c. 46, s. 14. 22.6. For the purpose of preparing the comprehensive plan, the agency shall consult energy distributors, representatives of the fuel sector, representatives of energy users in the residential, commercial, institutional, industrial and transportation sectors, as well as the various groups interested in the promotion of energy efficiency and new energy technologies. file:///D/HTML/que52901.htm[16.01.2025 09:57:53] An Act respecting the Agence de l'efficacité énergétique 2006, c. 46, s. 14. 22.7. An electric power or natural gas distributor must develop programs and actions consistent with the three-year energy efficiency targets, projected timetables and priorities approved by the Government, and send them to the agency within the time limit the agency specifies. The electric power distributor must also send the agency a list of the energy efficiency projects it selected, in the course of a year, under the tender solicitation procedure referred to in section 74.1 of the Act respecting the Régie de l'énergie (chapter R-6.01). The list must be included in the comprehensive plan. 2006, c. 46, s. 14. 22.8. If an electric power or natural gas distributor fails to comply with section 22.7, the agency shall develop the programs and actions at the distributor's expense. The agency, however, must give the distributor a 10-day written notice of default. 2006, c. 46, s. 14. 22.9. The agency is responsible for the development of programs and actions promoting energy efficiency that target fuel or more than one form of energy and the development of the programs and actions promoting new energy technologies. In developing those programs and actions, the agency must take into account the opinions and comments collected during its consultations. 2006, c. 46, s. 14. 22.10. A description of a program or action must include the measures to be carried out, their cost and a schedule for carrying them out. It must also identify either the agency or the energy distributor as being responsible for carrying out the measures. 2006, c. 46, s. 14.

§ 2. — Approval, amendments and follow-up 22.11. On the date set by the Minister, the agency shall submit the comprehensive plan to the Régie to obtain its approval of the elements of the plan mentioned in paragraphs 5 to 10 of section 22.5. 2006, c. 46, s. 14. 22.12. The elements of the comprehensive plan mentioned in paragraphs 5 to 10 of section 22.5 may be amended by the agency or an electric power or natural gas distributor, with the authorization of the Régie and on the conditions it determines. 2006, c. 46, s. 14. 22.13. The agency must prepare a new comprehensive plan at least once every three years on the same conditions as apply to the preparation of the initial plan. The agency shall also revise the comprehensive plan annually so that it reflects the amendments resulting from the annual review of the programs and actions it contains and from the decisions taken by the Régie with respect to energy efficiency. The agency shall send the Régie the revised comprehensive plan within 30 days after the date of revision. 2006, c. 46, s. 14. 22.14. Once the Régie has approved it under section 22.11, the comprehensive plan must be available to the public. file:///D/HTML/que52901.htm[16.01.2025 09:57:53] An Act respecting the Agence de l'efficacité énergétique 2006, c. 46, s. 14.

§ 3. — Rules concerning energy distributors 22.15. An energy distributor must carry out the programs and actions for which it is responsible under the comprehensive plan. If an energy distributor is unable to carry out a program or action within the time limit and in the manner specified in the comprehensive plan or if it finds that a program or action is not meeting its objectives, it must notify the agency. The agency may, at the distributor's expense, carry out the programs and actions the distributor fails to carry out, after giving the distributor a 10-day written notice to that effect. 2006, c. 46, s. 14. 22.16. In order to follow up on the programs and actions that must be carried out by an energy distributor, the agency may require that the distributor submit a status report on the steps taken and the results obtained within the framework of the comprehensive plan. 2006, c. 46, s. 14. DIVISION III FINANCIAL PROVISIONS 23. The Government may, on the terms and conditions it determines, (1) guarantee the repayment in capital and interest of any loan contracted by the agency and the performance of the other obligations of the agency; and (2) authorize the Minister of Finance to advance to the agency any amount considered necessary for the pursuit of its object. The sums required for the application of this section shall be taken out of the consolidated revenue fund. 1997, c. 55, s. 23. 24. Each year, the agency shall submit its budgetary estimates for the ensuing fiscal year and its budgetary rules to the Government for approval, at the time, in the form and with the content determined by the Government. 1997, c. 55, s. 24. 24.1. The agency may determine a tariff of fees for the use of the services it offers within the framework of a program or action promoting energy efficiency, new energy technologies or the reduction of greenhouse gas emissions. 2006, c. 46, s. 17. 24.2. An energy distributor must pay an annual share to the agency, which is determined by the Régie in accordance with paragraph 3 of section 85.25 of the Act respecting the Régie de l'énergie (chapter R-6.01). The first paragraph applies to Hydro-Québec, despite section 16 of the Hydro-Québec Act (chapter H-5). 2006, c. 46, s. 17. 24.3. The agency shall keep separate accounts for each energy distributor. 2006, c. 46, s. 17. file:///D/HTML/que52901.htm[16.01.2025 09:57:53] An Act respecting the Agence de l'efficacité énergétique 24.4. The operations of the agency are funded with the sums from the shares paid under section 24.2, the fees it charges and the other monies it receives. 2006, c. 46, s. 17. 24.5. The sums received by the agency under section 24.4 must be used exclusively for the purposes of this Act and to pay the obligations of the agency. Any amount by which the agency's revenues exceed its expenditures in a fiscal year must be carried over to its subsequent annual budget. 2006, c. 46, s. 17. DIVISION III.1 MANAGEMENT AND REPORTING 24.6. Each year, the agency shall submit to the Régie, on the date set by the Régie, a progress report on the comprehensive plan and the use made of the sums received under section 24.2. 2006, c. 46, s. 17. 24.7. The agency shall enter into a performance agreement with the Minister on the implementation of the comprehensive plan. The agreement must contain (1) a description of the role of the agency in the implementation of the plan; (2) the part of the plan describing the objectives for each of the years of the agreement, the measures taken to meet the objectives, and the human, financial and material resources available; and (3) the main indicators to be used in measuring results. 2006, c. 46, s. 17. 25. Not later than 30 June each year, the agency shall transmit to the Minister its financial statements and an activity report for the preceding fiscal year. The documents must contain all information required by the Minister. The activity report must include (1) a statement of the results obtained, measured against the objectives fixed in the performance agreement; (2) a follow-up on the comprehensive plan; (3) the Régie's audit report on the progress made on the comprehensive plan; and (4) a statement by the president and chief executive officer of the agency attesting to the reliability of the data and the monitoring mechanisms. 1997, c. 55, s. 25; 2006, c. 46, s. 18. 26. The Minister shall lay the financial statements and the activity report of the agency before the National Assembly within 30 days of receiving them or, if the Assembly is not sitting, within 30 days of resumption. 1997, c. 55, s. 26; 2006, c. 46, s. 19. 27. The agency shall, in addition, furnish to the Minister any information required by the Minister concerning its file:///D/HTML/que52901.htm[16.01.2025 09:57:53] An Act respecting the Agence de l'efficacité énergétique activities. 1997, c. 55, s. 27. 28. The books and accounts of the agency shall be audited by the Auditor General each year and whenever so ordered by the Government. The Auditor General may conduct a resource optimization audit of the agency without the prior concurrence required under the second paragraph of section 28 of the Auditor General Act (chapter V-5.01). 1997, c. 55, s. 28; 2006, c. 46, s. 20. 29. (Repealed). 1997, c. 55, s. 29; 2006, c. 46, s. 21. DIVISION IV DIRECTIVES AND REGULATIONS 30. The Minister may issue directives concerning the general policy and objectives to be pursued by the agency. The directives must be approved by the Government and come into force on the day of their approval. Once approved, they are binding on the agency, which must comply therewith. Every directive shall be laid before the National Assembly within 15 days after it is approved by the Government. If the National Assembly is not sitting, the directive shall be laid before the Assembly within 15 days after resumption. 1997, c. 55, s. 30. 31. (Repealed). 1997, c. 55, s. 31; 2006, c. 46, s. 22. DIVISION IV.1 PENAL PROVISIONS 31.1. An energy distributor that contravenes section 22.1, 22.7, 22.15, 22.16 or 24.2 is guilty of an offence and liable to a fine of $2,000 to $20,000 for a first offence and to a fine of $5,000 to $50,000 for a subsequent offence. 2006, c. 46, s. 23. 31.2. An energy distributor that fails to provide information or a document referred to in section 21.1 or that provides false information is guilty of an offence and liable to a fine of $1,000 to $2,000 for a first offence and to a fine of $2,000 to $5,000 for a subsequent offence. 2006, c. 46, s. 23. DIVISION V AMENDING AND FINAL PROVISIONS 32. (Amendment integrated into c. R-6.01, s. 105.1). 1997, c. 55, s. 32. 33. (Amendment integrated into c. R-6.01, s. 159). 1997, c. 55, s. 33. file:///D/HTML/que52901.htm[16.01.2025 09:57:53] An Act respecting the Agence de l'efficacité énergétique 34. The appropriations granted to the Ministère des Ressources naturelles for the operation of the Direction de l'efficacité énergétique for fiscal year 1997-1998 shall be transferred to the agency to the extent and on the terms and conditions determined by the Government. 1997, c. 55, s. 34. 35. The Minister of Natural Resources and Wildlife is responsible for the administration of this Act. 1997, c. 55, s. 35; 2003, c. 8, s. 6; 2006, c. 3, s. 35. 36. Section 33 has effect from 2 June 1997. 1997, c. 55, s. 36. 37. (Omitted). 1997, c. 55, s. 37. REPEAL SCHEDULE In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 55 of the statutes of 1997, in force on 1 April 1998, is repealed, except section 37, effective from the coming into force of chapter A-7.001 of the Revised Statutes. file:///D/HTML/que52901.htm[16.01.2025 09:57:53]