p-30.1.1 - Act respecting the Financial Assistance for Investment Program and establishing the Special Contracts and Financial Assistance for Investment Fund

Updated to 31 May 2024

This document has official status.

chapter P-30.1.1

Act respecting the Financial Assistance for Investment Program and establishing the Special Contracts and Financial Assistance for Investment Fund

1. The Minister of Finance administers the Financial Assistance for Investment Program, which assistance is applicable in the form of a partial payment of the electricity bill of a recipient enterprise that carries out an investment project which pursues the objectives determined by ministerial order.

The classes of eligible enterprises and the eligibility requirements of a project are determined by ministerial order. A ministerial order may pertain to one or more components of the Program according to the class of enterprises to which it applies.

2020, c. 5, s. 98.

2. An enterprise or a group to which it belongs may, according to the terms determined by ministerial order, be entitled to more than one amount of financial assistance.

Enterprises, one of which controls the other or which are controlled by the same person or partnership, form a group. A person or partnership that controls an enterprise, which in turn controls another enterprise, controls that other enterprise.

The following persons or partnerships control an enterprise:

(1)  if the enterprise is a business corporation, the person or partnership that holds more than 50% of the voting rights attached to all the issued and outstanding shares of that corporation;

(2)  if the enterprise is a limited partnership, the general partner; and

(3)  if the enterprise is any other partnership, the partner who may determine collective decisions, if applicable.

2020, c. 5, s. 98.

3. The maximum amount of financial assistance to which an enterprise or the group to which it belongs may be entitled is 40% of the eligible costs of the project. It may, however, in the cases and on the conditions prescribed by ministerial order, reach up to 50% of the eligible costs of the project.

However, the amount of financial assistance may not exceed 20% of the electricity costs for each billing period during the maximum period of application of the financial assistance, determined by ministerial order, even if, at the end of that period, the maximum amount provided for in the first paragraph has not been reached.

The manner in which the financial assistance is applied is to be determined by ministerial order.

2020, c. 5, s. 98.

4. The eligible costs of a project that are incurred on the dates set by ministerial order are the amounts giving entitlement to tax depreciation.

If an enterprise belongs to a group, the eligible costs and the financial assistance are calculated for the group.

2020, c. 5, s. 98.

5. Financial assistance is applicable only to electricity bills for a consumption period prior to the date determined by ministerial order.

2020, c. 5, s. 98.

6. To receive financial assistance, an enterprise must send an application to the Minister before the date and in the manner determined by ministerial order.

2020, c. 5, s. 98.

7. The financial assistance is subject to a verification conducted in the manner determined by ministerial order.

In the course of the verification, the Minister may revise, suspend or revoke the financial assistance. Where the assistance is revised or revoked, it may be recovered in the manner determined by ministerial order.

2020, c. 5, s. 98.

8. The decisions made in accordance with this Act are notified to the enterprise. The Minister designates the persons authorized to sign the documents relating to the application of this Act.

If a decision grants or modifies financial assistance, it is also notified to the electric power distributor, within the meaning assigned to that expression by section 2 of the Act respecting the Régie de l’énergie (chapter R-6.01), which must specify, in the manner determined by ministerial order, the amount of the assistance on the electricity bill it issues to the enterprise.

2020, c. 5, s. 98.

9. An enterprise has 15 days from the notification to apply in writing for a review of an unfavourable decision. The review decision must be notified within the same number of days.

An enterprise that is not satisfied with a review decision may contest the decision before the Administrative Tribunal of Québec within 30 days of its notification.

2020, c. 5, s. 98.

10. This Act does not modify an enterprise’s contract with the electric power distributor; the rates and the conditions for the distribution of electric power remain those provided for in the first paragraph of section 22.0.1 of the Hydro-Québec Act (chapter H-5).

However, the electric power distributor and the enterprise may, if necessary for the application of this Act, enter into a side agreement whose duration may not exceed the period of application of the financial assistance.

2020, c. 5, s. 98.

11. The Minister must pay an amount to the electric power distributor as a partial payment of the enterprise’s electricity costs that corresponds to the financial assistance to which the enterprise is entitled.

If financial assistance is recovered in accordance with the second paragraph of section 7, the distributor must remit the amounts so recovered to the Minister.

2020, c. 5, s. 98.

12. The ministerial orders provided for by this Act are not subject to the publication requirement set out in section 8 of the Regulations Act (chapter R-18.1) or to the date of coming into force set out in section 17 of that Act.

2020, c. 5, s. 98.

13. The Special Contracts and Financial Assistance for Investment Fund, dedicated to the payments referred to in section 11 of this Act and the third paragraph of section 22.0.1 of the Hydro-Québec Act (chapter H-5), is established under the Minister’s responsibility.

2020, c. 5, s. 98.

14. The following are credited to the Fund:

(1)  the amounts paid under section 15.1.2 of the Hydro-Québec Act (chapter H-5);

(2)  the amounts transferred to it by the Minister out of the appropriations granted for that purpose by Parliament;

(3)  the amounts remitted to the Minister in accordance with the second paragraph of section 11;

(4)  the amounts transferred to it by the Minister under sections 53 and 54 of the Financial Administration Act (chapter A-6.001); and

(5)  the gifts, legacies and other contributions paid into the Fund to further the achievement of its purposes.

2020, c. 5, s. 98.

15. The following are debited from the Fund:

(1)  the amounts paid by the Minister to the electric power distributor in accordance with the first paragraph of section 11; and

(2)  the amounts paid by the Minister to Hydro-Québec in accordance with the third paragraph of section 22.0.1 of the Hydro-Québec Act (chapter H-5).

2020, c. 5, s. 98.

16. The accumulated surpluses of the Fund are to be transferred to the general fund on the dates and to the extent determined by the Government.

2020, c. 5, s. 98.

AMENDING PROVISIONS

2020, c. 5, s. 98.

Hydro-Québec Act

17. (Amendment integrated into c. H-5, s. 15.1.2).

2020, c. 5, s. 98.

18. (Amendment integrated into c. H-5, s. 22.0.1).

2020, c. 5, s. 98.

Act respecting administrative justice

19. (Amendment integrated into c. J-3, Schedule IV).

2020, c. 5, s. 98.

FINAL PROVISIONS

2020, c. 5, s. 98.

20. This Act replaces Orders in Council 675-2016 (2016, G.O. 2, 4068, French only), 1478-2018 (2019, G.O. 2, 129, French only), 1285-2019 (2020, G.O. 2, 146, French only) and 1286-2019 (2020, G.O. 2, 150, French only).

Special contracts covered by the Programme de rabais d’électricité applicable aux consommateurs de grande puissance desservis par les réseaux autonomes, set out in Order in Council 1285-2019, and those covered by the Programme de rabais d’électricité applicable aux consommateurs facturés au tarif «L», set out in Order in Council 1286-2019, are terminated on 1 April 2021. From that date, the rebates to which the beneficiaries of those programs are entitled are governed by this Act.

2020, c. 5, s. 98.

21. The second paragraph of section 1 and sections 2 to 6, 10 and 12 will be repealed on the date to be determined by the Government.

2020, c. 5, s. 98.

22. On the first day of the fourth month following the month that includes the date determined by the Government under section 21, the first paragraph of section 1, sections 7, 8 and 11, paragraph 3 of section 14 and paragraph 1 of section 15 will be repealed and the title of this Act will be replaced by the following title:

“Act to establish the Special Contracts Fund

2020, c. 5, s. 98.

23. Section 9 of this Act and paragraph 33 of Schedule IV to the Act respecting administrative justice (chapter J-3) will be repealed on the first day of the sixth month following the month that includes the date determined by the Government under section 21.

2020, c. 5, s. 98.

24. Section 13 of this Act will be replaced by the following section on the date determined under section 22:

“13. The Special Contracts Fund, dedicated to the payment provided for in the third paragraph of section 22.0.1 of the Hydro-Québec Act (chapter H-5), is established under the Minister’s responsibility.”

2020, c. 5, s. 98.

25. Section 15.1.2 of the Hydro-Québec Act (chapter H-5) will be replaced by the following section on the date determined under section 22:

“15.1.2. The Minister of Finance must pay into the Special Contracts Fund, established under section 13 of the Act to establish the Special Contracts Fund (2020, chapter 5, section 98), out of the dividends paid by the Company, the amounts necessary for the application of the third paragraph of section 22.0.1.

The information necessary to determine the amounts necessary for the application of the third paragraph of section 22.0.1 in respect of each of the Government’s fiscal years must be sent to the Minister of Finance by the Company not later than 10 April following the end of the fiscal year concerned.”

2020, c. 5, s. 98; 2021, c. 15, s. 82.

26. Section 22.0.1 of the Act will be amended on the date determined under section 22 by replacing “Special Contracts and Financial Assistance for Investment Fund” in the third paragraph by “Special Contracts Fund”.

2020, c. 5, s. 98.

27. The Minister of Finance is responsible for the administration of this Act.

2020, c. 5, s. 98.