Q-2, r. 1.1 - Regulation respecting oil-fired heating appliances

Updated to 1 January 2024

This document has official status.

chapter Q-2, r. 1.1

Regulation respecting oil-fired heating appliances

Environment Quality Act

(chapter Q-2, s. 95.1, 1st par., subpars. 1, 3, 7, 21 and 29 and s. 124.1).

Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

(chapter M-11.6, ss. 30 and 45).

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

(chapter M-30.001, s. 15.4, par. 8.1).

O.C. 1412-2021; S.Q. 2022, c. 8, s. 1.

DIVISION I OBJECT AND SCOPE

O.C. 1412-2021, Div. I.

1. The objective of this Regulation is to reduce man-made greenhouse gas emissions attributable to domestic heating by gradually prohibiting the installation and repair of certain space and water heaters powered by certain forms of energy.

O.C. 1412-2021, s. 1.

2. For the purposes of this Regulation, “residential building” means any building that meets the following requirements:

(1)  the building area is not more than 600 m2;

(2)  the building height is not more than 3 storeys;

(3)  the major occupancy of the building is Group C – Housing and it houses only dwellings.

A building is qualified as a residential building in accordance with the National Building Code of Canada 2015 (NRCC 56190) and the Code national du bâtiment - Canada 2015 (CNRC 56190F), second printing, published by the National Research Council of Canada and prepared by the Canadian Commission on Building and Fire Codes. Subsequent amendments to those documents by that organization do not apply, except errata.

In addition, for the purposes of this Regulation,

(1)  “existing residential building” means any residential building for which a building permit was issued before 31 December 2021 by the local municipality having jurisdiction in the territory in which the construction took place;

(2)  “new residential building” means any residential building for which a building permit was issued on or after 31 December 2021 by the local municipality having jurisdiction in the territory in which the construction took place;

(3)  “boiler” means pressure equipment equipped with a direct power source used to heat a heat-carrying liquid or transform it into steam;

(4)  “water heater” means a pressure vessel equipped with a direct energy source in which water destined for exterior use is heated to a temperature of 99°C or less and to a pressure of 1,100 kPa or less. The heat source and control devices are an integral part of the water heater;

(5)  “furnace” means a heating appliance that distributes heated air through a system integrated into a building;

(6)  “Minister” means the Minister responsible for the administration of the Environment Quality Act (chapter Q-2).

O.C. 1412-2021, s. 2.

3. Where this Regulation applies, it covers every immovable, including immovables in a reserved area and an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

O.C. 1412-2021, s. 3.

DIVISION II PROHIBITIONS

O.C. 1412-2021, Div. II.

4. This Division applies, to the extent provided for in that Division, to any residential building connected to a municipal or private electric power system governed by the Act respecting municipal and private electric power systems (chapter S-41), to the electric power system of 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 (S.Q. 1986, c. 21), or to the Hydro-Québec electric power distribution system when carrying on electric power transmission activities, except for residential buildings connected to an independent electric power distribution system.

O.C. 1412-2021, s. 4.

5. As of 31 December 2021, it is prohibited to install, or have installed, boilers, furnaces and water heaters powered in whole or in part by oil in new residential buildings.

O.C. 1412-2021, s. 5.

6. As of 31 December 2023, it is prohibited to install, or have installed, boilers, furnaces and water heaters powered in whole or in part by oil in existing residential buildings.

As of that same date, it is also prohibited to install, or have installed, boilers, furnaces and water heaters powered in whole or in part by fossil fuel for the purpose of replacing appliances powered in whole or in part by oil in existing residential buildings.

O.C. 1412-2021, s. 6.

7. As of 31 December 2023, it is prohibited to repair, or have repaired, boilers, furnaces and water heaters powered in whole or in part by oil in existing residential buildings in the case of

(1)  boilers and furnaces installed over 20 years before; and

(2)  water heaters installed over 10 years before.

For the purposes of this Regulation, “repairs” means any work done on an appliance referred to in the first paragraph in order to refurbish it, except

(1)  maintenance under Annex L of the most recent version of CSA Standard B139, Installation Code for Oil-Burning Equipment, published by the CSA Group;

(2)  the repair or replacement of a motor of the appliance or a mobile component activated by that motor;

(3)  the repair or replacement of an electronic or electrical component related to the operation and safety controls of the appliance.

Despite subparagraph 1 of the second paragraph, the repair and replacement of an appliance’s combustion chamber or heat exchanger are prohibited.

Nothing in this section prevents anyone from taking the measures necessary to stop the release of contaminants.

O.C. 1412-2021, s. 7.

DIVISION III DECLARATION

O.C. 1412-2021, Div. III.

8. Any person who installs, in a residential building, a boiler, furnace or water heater powered in whole or in part by oil, or a boiler, furnace or water heater powered in whole or in part by fossil fuel for the purpose of replacing appliances powered in whole or in part by oil, must, within 30 working days after the installation, send electronically to the Minister a declaration containing

(1)  their name, address and telephone number;

(2)  if applicable, the number of the licence issued to them under the Building Act (chapter B-1.1);

(3)  in respect of each appliance installed,

(a)  the name, address and telephone number of the owner of the building where the appliance is located;

(b)  the address of the building where the appliance is located;

(c)  the date of installation;

(d)  the type, brand and model; and

(e)  the date of manufacture or serial number; and

(4)  a description of the procedure followed when removing the tank that supplied fuel to the appliance that was replaced, if applicable.

O.C. 1412-2021, s. 8.

9. Any person who replaces, in a residential building, a boiler, furnace or water heater powered in whole or in part by oil with an appliance powered by a different form of energy must, within 30 working days after the replacement, send electronically to the Minister a declaration containing

(1)  their name, address and telephone number;

(2)  if applicable, the number of the licence issued to them under the Building Act (chapter B-1.1);

(3)  in respect of each appliance installed to replace another appliance powered in whole or in part by oil,

(a)  the name, address and telephone number of the owner of the building where the appliance is located;

(b)  the address of the building where the appliance is located;

(c)  the date of installation; and

(d)  the type and form of energy powering the appliance; and

(4)  a description of the procedure followed when removing the tank that supplied fuel to the appliance that was replaced, if applicable.

O.C. 1412-2021, s. 9.

DIVISION IV PENALTIES

O.C. 1412-2021, Div. IV.

§ 1 . — Monetary administrative penalties

O.C. 1412-2021, Sd. 1.

10. A monetary administrative penalty of $350 in the case of a natural person and $1,500 in other cases may be imposed on any person who fails to send to the Minister a declaration containing the information prescribed or to comply with the time or terms and conditions of transmission, in contravention of section 8 or 9.

O.C. 1412-2021, s. 10.

11. A monetary administrative penalty of $1,500 in the case of a natural person and $7,500 in other cases may be imposed on any person who

(1)  installs, or has installed, in a new residential building, a boiler, furnace or water heater powered in whole or in part by oil, in contravention of section 5;

(2)  installs, or has installed, in an existing residential building, a boiler, furnace or water heater powered in whole or in part by fossil fuel, in contravention of section 6;

(3)  repairs, or has repaired, a boiler, furnace or water heater powered in whole or in part by oil, in contravention of section 7.

O.C. 1412-2021, s. 11.

§ 2 . — Penal sanctions

O.C. 1412-2021, Sd. 2.

12. Every person who contravenes section 8 or 9 is liable to a fine of $2,000 to $100,000 in the case of a natural person or $6,000 to $600,000 in other cases.

O.C. 1412-2021, s. 12.

13. Every person who contravenes section 5, 6 or 7 is liable, in the case of a natural person, to a fine of $8,000 to $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, or, in other cases, to a fine of $24,000 to $3,000,000.

O.C. 1412-2021, s. 13.

§ 3 . — Common provision

O.C. 1412-2021, Sd. 3.

14. The amounts from the imposition of monetary administrative penalties and from the fines paid pursuant to this Regulation are credited to the Electrification and Climate Change Fund established under section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001).

O.C. 1412-2021, s. 14.

DIVISION V FINAL

O.C. 1412-2021, Div. V.

15. (Omitted).

O.C. 1412-2021, s. 15.

REFERENCES

O.C. 1412-2021, 2021 G.O. 2, 4674