R-6.01, r. 5 - Regulation respecting the annual contribution payable to Energy Transition Québec

Updated to 1 September 2012

This document has official status.

chapter R-6.01, r. 5

Regulation respecting the annual share payable to the Minister of Natural Resources and Wildlife

Act respecting the Régie de l’énergie

(chapter R-6.01, s. 114).

O.C. 139-2008; S.Q. 2011, c. 16, sch. II, s. 60; .

1. The annual contribution payable to the Minister of Natural Resources and Wildlife by an energy distributor under Chapter VI.2 of the Act respecting the Régie de l’énergie (chapter R-6.01) for the fiscal year ending on 31 March 2008 and for each subsequent fiscal year corresponds to the sum of all products obtained by multiplying the applicable rate determined under section 2, per form of energy or group of fuels, by the volume of energy concerned determined under section 4 that is attributable to the distributor.

For the purposes of this Regulation, “form of energy” means electric power, natural gas and the various fuel types consisting of gasoline, diesel fuel, light heating oil, heavy heating oil and propane.

O.C. 139-2008, s. 1; S.Q. 2011, c. 16, sch. II, s. 60.

2. A rate is fixed annually for each form of energy and, where applicable, for every group of fuels. The rate applicable for a form of energy or group of fuels is the quotient obtained by dividing the overall financial investment allocated to each form of energy determined by the Government, as determined under section 3, by the sum of the volumes determined under section 4 that are attributable to all the distributors of that form of energy or group of fuels.

O.C. 139-2008, s. 2; S.Q. 2011, c. 16, sch. II, s. 60.

3. (Revoked).

O.C. 139-2008, s. 3; S.Q. 2011, c. 16, sch. II, s. 60.

4. The volume of energy attributable to the electric power distributor or a natural gas distributor is determined by the Minister of Natural Resources and Wildlife taking into account the information obtained from the distributors for their fiscal year preceding the fiscal year for which the annual share is calculated.

If the volume of electric power is attributable to an energy distributor having entered into a service agreement with Hydro-Québec in the course of its distribution activities to delegate the management of its programs and actions promoting energy efficiency and new energy technologies to Hydro-Québec, that volume is nil.

The volume of electric power distributed by the electric power distributor to an energy distributor that has not entered into the agreement referred to in the second paragraph is not attributable to the electric power distributor. In such a case, the volume of electric power attributable to the energy distributor is determined by the Minister taking into account the information obtained from the energy distributor for the fiscal year preceding the fiscal year for which the annual share is calculated.

The volume of energy attributable to a fuel distributor is converted into megajoules according to the following table:

CONVERSION TABLE (in megajoules per litre)

Fuel types

Gasoline         Diesel fuel           Light              Heavy            Propane
                                    heating oil        heating oil



  35.00             38.30              38.80              42.50             25.31

        

The fuel sold in Québec is presumed to be intended for consumption in Québec unless shown otherwise by the distributor.

In determining the volume of energy attributable to a fuel distributor, the Minister also takes into account in particular the statements filed by the distributors pursuant to section 85.31 of the Act.

O.C. 139-2008, s. 4; S.Q. 2011, c. 16, sch. II, s. 60.

5. The annual share payable by an energy distributor, for each fiscal year of the Natural Resources Fund of the Ministère des Ressources naturelles et de la Faune, is payable in 4 quarterly payments on 30 June, 30 September, 31 December and 31 March.

The amount of the last quarterly payment continues to apply in the subsequent fiscal year up to the quarter during which the notice of payment of the annual share is sent for that fiscal year. Any overpayment or amount still owing to the Minister of Natural Resources and Wildlife for that fiscal year is apportioned equally over the remaining quarterly instalments.

O.C. 139-2008, s. 5; S.Q. 2011, c. 16, sch. II, s. 60.

6. Any variation the Minister of Natural Resources and Wildlife establishes in the volume attributable to an energy distributor after the annual determination of the applicable rate will be the subject of a new notice of payment indicating the revised amount of the annual share payable by the distributor. The notice is sent at the latest with the notice of payment for the subsequent fiscal year.

O.C. 139-2008, s. 6; S.Q. 2011, c. 16, sch. II, s. 60.

7. Any balance unpaid on the due date bears interest at the rate determined as provided in section 28 of the Tax Administration Act (chapter A-6.002). The interest is capitalized monthly.

In addition to the interest payable, a penalty of 15% is added to any sum owing if the delay exceeds 60 days. In no case may the amount of the penalty exceed 15% of the amount that should have been paid.

O.C. 139-2008, s. 7.

8. (Revoked).

O.C. 139-2008, s. 8; S.Q. 2011, c. 16, sch. II, s. 60.

9. (Revoked).

O.C. 139-2008, s. 9; S.Q. 2011, c. 16, sch. II, s. 60.

10. (Omitted).

O.C. 139-2008, s. 10.

REFERENCES

O.C. 139-2008, 2008 G.O. 2, 653A

S.Q. 2010, c. 31, s. 91

S.Q. 2011, c. 16, sch. II, s. 60