R-6.01 - Act respecting the Régie de l’énergie

À jour au 1^er septembre 2025

Ce document a valeur officielle.

chapter R-6.01

Act respecting the Régie de l’énergie

CHAPTER I APPLICATION

1. This Act applies to electric power and natural gas supplies, to electric power transmission and distribution and to natural gas distribution by pipeline.

This Act also applies to any other energy matter to the extent provided for herein.

1996, c. 61, s. 1; 2000, c. 22, s. 1; 2025, c. 24, s. 17.

2. In this Act, unless the context indicates otherwise,

“electric power carrier” means Hydro-Québec when carrying on electric power transmission activities;

“electric power distribution system” means a network of installations for the distribution of electric power and the equipment enabling their connection to consumer installations and, in the case of independent electric power distribution systems of the electric power distributor, a network of works, machinery, equipment and installations used for the production, transmission and distribution of electric power;

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

“electric power supplier” means any electric power producer or trader supplying electric power;

“electric power supply contract” means a contract entered into between the electric power distributor and a supplier for the purpose of meeting the electric power needs of Québec markets;

“electric power transmission system” means a network of installations for the transmission of electric power, including step-up transformers located at production sites, transmission lines at voltages of 44 kV or higher, transmission and transformation substations and any other connecting installation between production sites and the distribution system;

“energy” means electric power, natural gas, steam, petroleum products and any other form of energy, hydraulic, thermic or other;

“municipal electric power system” means an electric power system governed by the Act respecting municipal electric power systems (chapter S-41);

“natural gas” means a mixture of hydrocarbons in a gaseous or liquid state consisting primarily of methane, including renewable natural gas, or a mixture of those hydrocarbons with gas from renewable sources that may be added to it without compromising the mixture’s capacity to be distributed by means of a natural gas distribution system;

“natural gas distribution system” means installations and equipment for the distribution of natural gas by means of pipelines, for the injection of gas from renewable sources into the pipelines or for the adaptation of the system for the purposes of such injection, and connecting a natural gas transmission system or injection points for gas from renewable sources to consumers’ installations;

“natural gas distributor” means a person or partnership holding exclusive natural gas distribution rights or exercising such rights as lessee, trustee, liquidator or trustee in bankruptcy or in any other capacity;

“petroleum product” means a petroleum product within the meaning of section 2 of the Petroleum Products Act (chapter P-30.01);

“petroleum products distributor” means anyone who supplies a retailer of petroleum products;

“steam distributor” means anyone who distributes or supplies steam for heating purposes by means of pipes to a consumer.

Any electric power transmission service provided to Hydro-Québec by the electric power carrier is deemed to constitute a transmission service contract.

1996, c. 61, s. 2; 2000, c. 22, s. 2; 2006, c. 46, s. 28; 2016, c. 35, s. 2; 2021, c. 28, s. 6; 2025, c. 24, s. 18.

2.1. For the purposes of sections 36 and 44, Division I of Chapter VI.1, Chapters VII and VIII and sections 112 and 114, municipal electric power systems and 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 (1986, chapter 21) are deemed to be distributors.

2000, c. 22, s. 3; 2006, c. 46, s. 29; 2025, c. 24, s. 19.

2.2. For the purposes of sections 36, 44 and 56, Chapter VIII and section 112, persons or partnerships that refine petroleum products intended for Québec markets in Québec, trade petroleum products intended for Québec markets with a refiner in Québec or bring petroleum products intended for Québec markets into Québec are deemed to be distributors.

2001, c. 16, s. 1; 2006, c. 46, s. 30.

3. This Act is binding on the Government, government departments and bodies that are mandataries of the State.

1996, c. 61, s. 3; 1999, c. 40, s. 245.

CHAPTER II ORGANIZATION AND OPERATION OF THE RÉGIE

DIVISION I ESTABLISHMENT AND MISSION

1996, c. 61, Div. I; 2025, c. 24, s. 20.

4. A board to be known as the “Régie de l’énergie” is hereby established.

1996, c. 61, s. 4.

5. The Régie’s mission is to monitor Québec’s energy sector and to ensure a balance between the public interest, the protection of consumers situated in Québec and fair treatment of the electric power carrier and of distributors. Its mission is also to inform consumers.

In the exercise of its functions and powers, the Régie must promote the meeting of energy needs, an orderly energy transition at the lowest cost, innovation, and the maximizing of the economic, social and environmental benefits of energy for Quebecers in compliance with the policy directions and with a view to achieving the objectives and targets established by the integrated energy resource management plan referred to in section 14.2 of the Act respecting the Ministère de l’Économie, de l’Innovation et de l’Énergie (chapter M-14.1) as well as in compliance with the Government’s other energy policies, in keeping with the principles of sustainable development and individual and collective equity.

1996, c. 61, s. 5; 2000, c. 22, s. 4; 2016, c. 35 s. 3; 2025, c. 24, s. 21.

6. The head office of the Régie shall be situated at the place determined by the Government; a notice of the address of the head office shall be published in the Gazette officielle du Québec. The Régie may have offices at any other place in Québec.

The Régie may sit anywhere in Québec.

1996, c. 61, s. 6.

DIVISION II COMPOSITION

7. The Régie shall be composed of 10 to 12 commissioners appointed by the Government, including a chairman and a vice-chairman. The commissioners shall exercise their functions on a full-time basis; the chairman and vice-chairman shall act as commissioners holding an administrative office.

The Government may, where required for the proper dispatch of business, appoint full-time or part-time supernumerary commissioners.

1996, c. 61, s. 7; 2016, c. 35, s. 4; 2025, c. 24, s. 22.

8. The Government may, by regulation, establish a procedure for recruiting and selecting commissioners and for renewing their term. The Government may, among other things, provide for the creation of committees to those ends.

1996, c. 61, s. 8; 2025, c. 24, s. 23.

9. A commissioner may not, on pain of forfeiture of office, have a direct or indirect interest in any enterprise that could cause a conflict between his personal interest and his duties of office, unless the interest devolves to him by succession or gift and he renounces it or disposes of it with dispatch.

1996, c. 61, s. 9.

10. The term of office of a commissioner is five years. However, the Government may provide for a shorter fixed term of office, indicated in a commissioner’s instrument of appointment, where the candidate so requests, for serious reasons or where special circumstances indicated in that instrument so require.

The term of office of a supernumerary member shall either be determined in the instrument of appointment and not exceed two years, or be determined by reference to a special mandate specified in the instrument of appointment.

1996, c. 61, s. 10; 2025, c. 24, s. 24.

11. The chairman of the Régie may authorize a commissioner to continue the examination of an application and make a decision notwithstanding the expiry of his term. He shall be considered a supernumerary member for the time required.

1996, c. 61, s. 11.

12. The Government shall fix the remuneration, employment benefits and other conditions of office of the chairman, the vice-chairman and the other commissioners.

1996, c. 61, s. 12.

13. The secretary and the other members of the personnel of the Régie shall be appointed in accordance with the staffing plan established by by-law of the Régie.

Subject to the provisions of a collective agreement, the Régie shall determine, by by-law, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of its personnel in accordance with the conditions defined by the Government.

1996, c. 61, s. 13; 2000, c. 8, s. 183.

DIVISION III OPERATION

14. In addition to the powers and duties that may otherwise be assigned to him, the chairman is responsible for the Régie’s administration and general management.

The chairman’s functions include

1°  directing the Régie’s personnel and ensuring that they carry out their functions;

2°  coordinating the work of and assigning work to the commissioners, who must comply with the chairman’s orders and directives in that regard;

3°  fostering commissioners’ participation in the formulation of guiding principles for the Régie so as to maintain a high level of quality and coherence in its decisions;

4°  seeing that standards of ethical conduct are complied with;

5°  promoting the professional development of the commissioners and the Régie’s personnel as regards the exercise of their functions and, to that end, periodically evaluating the knowledge and skills of the commissioners in the exercise of their functions.

1996, c. 61, s. 14; 2025, c. 24, s. 25.

15. The vice-chairman or the commissioner designated by the Government shall exercise the powers of the chairman if he is absent or unable to act.

1996, c. 61, s. 15.

16. Applications filed with the Régie shall be examined by one or three commissioners designated by the chairman. However, applications referred to in Chapter IV or section 23 of the Hydro-Québec Act (chapter H-5) shall be examined by three commissioners.

Where three commissioners are designated to examine an application and one of them becomes unable to act or dies, the chairman shall designate a new commissioner to continue the examination. However, if a commissioner becomes unable to act or dies after the end of the participants’ observations and arguments, the other commissioners may, if unanimous, make the decision; if they are not unanimous, the chairman shall designate three commissioners to recommence the examination of the application.

Where a single commissioner is designated to examine an application and becomes unable to act or dies, the chairman may

1°  before the end of the participants’ observations and arguments and where the participants so agree, designate a new commissioner to continue the examination of the application; or

2°  in any other case, designate a new commissioner to recommence the examination of the application.

1996, c. 61, s. 16; 1997, c. 83, s. 41; 2000, c. 22, s. 5; 2025, c. 24, s. 26.

17. (Replaced).

1996, c. 61, s. 17; 2025, c. 24, s. 26.

18. Every decision of the Régie shall be given within a period of not more than 60 days after the date of the end of the participants’ observations and arguments and include the reasons therefor; it forms part of the records of the Régie and a certified copy shall be forwarded by the Régie without delay to the participants and the Minister. The Régie shall also send to the Minister a copy of any related document he may request.

The chairman may, where the circumstances so require, extend the period referred to in the first paragraph. He shall then inform the Minister of the extension and the reasons for it.

Moreover, every decision made by the Régie under section 59 shall be published in the Gazette officielle du Québec.

1996, c. 61, s. 18; 2025, c. 24, s. 27.

18.1. The chairman shall determine management objectives to ensure promptness and efficiency in the Régie’s decision-making process, specifying, in particular, objectives with regard to time limits for processing applications filed with the Régie, which objectives may vary according to the type of application.

Objectives so determined shall be published on the Régie’s website.

2025, c. 24, s. 28.

19. Any document of the Régie signed by the chairman or by any person designated by the chairman is authentic. Any copy of a document of the Régie certified true by the chairman or any person so designated is also authentic.

1996, c. 61, s. 19.

20. The Régie may adopt internal management rules for the conduct of its business. Such rules require the approval of the Government. They shall come into force on the date of their publication in the Gazette officielle du Québec or on any later date determined by the Government.

1996, c. 61, s. 20.

21. The secretary shall carry out the duties assigned to him by the chairman. The secretary shall have custody of the records of the Régie.

1996, c. 61, s. 21.

22. No judicial proceedings may be brought against the Régie, the commissioners, the secretary or the other members of the personnel of the Régie by reason of an official act done in good faith in the exercise of their functions.

1996, c. 61, s. 22.

23. The fiscal year of the Régie ends on 31 March.

1996, c. 61, s. 23.

24. Not later than 30 June each year, the Régie shall submit a report to the Minister concerning its operations in the preceding fiscal year. The report shall include a statement of the applications filed with the Régie, the decisions of the Régie, the number, nature and results of the inquiries made in the year as well as the results obtained in relation to the application of the management objectives referred to in section 18.1, including the time allotted to processing applications and the average duration of time spent to make a decision. The report shall also contain any other information requested by the Minister concerning the operations of the Régie.

The Minister shall table the report in the National Assembly within 30 days of receiving it or, if the Assembly is not sitting, within 30 days of resumption.

1996, c. 61, s. 24; 2025, c. 24, s. 29.

DIVISION IV PUBLIC HEARINGS

25. The Régie shall hold a public hearing

1°  when conducting a rate review under the first or third paragraph of section 48, when fixing rates and conditions of service under subparagraph 1 of the first paragraph or the third paragraph of section 48.1 and when examining an application filed under section 65, 78 or 80;

2°  when determining the elements making up operating costs and determining an amount pursuant to section 59;

2.1°  (subparagraph repealed);

3°  when so required by the Minister, on any energy matter;

4°  (paragraph repealed).

The Régie may, if it considers it necessary, call a public hearing on any matter within its jurisdiction.

It may also, before a public hearing is held, provide for public information and consultation sessions to be held.

1996, c. 61, s. 25; 2006, c. 46, s. 31; 2011, c. 16, Sch. II, s. 46; 2013, c. 16, s. 1; 2016, c. 35, ss. 1 and 5; 2019, c. 27, s. 5; 2020, c. 19, s. 73; 2025, c. 24, s. 30.

26. Before holding a public hearing, the Régie shall issue written instructions in which it shall fix the date for the filing of all documents and information relevant to the submissions the participants intend to make and the place and date of the hearing and shall provide any other information it considers necessary. At that time, the Régie shall also make known information relating to any public information and consultation sessions to be held.

The Régie may direct that participants present their observations and arguments in writing.

The Régie may order a participant to publicize the instructions as determined by the Régie.

1996, c. 61, s. 26; 2016, c. 35, s. 6.

27. The chairman of the Régie or any commissioner designated by the chairman may call the participants to a pre-hearing conference if he considers it useful and the circumstances allow it.

1996, c. 61, s. 27.

28. The purpose of a pre-hearing conference is to

1°  define and clarify the issues to be dealt with at the public hearing;

2°  assess the advisability of better defining the positions of the participants as well as the solutions proposed;

3°  ensure that all relevant documents and information are exchanged by the participants;

4°  plan the conduct of the public hearing;

5°  examine the possibility for the participants of recognizing certain facts or of proving them by means of sworn statements; and

6°  examine any other matter that may simplify or accelerate the conduct of the public hearing.

1996, c. 61, s. 28.

29. Minutes of the pre-hearing conference shall be drawn up and signed by the participants and by the chairman or the commissioner who called the participants to the conference.

Agreements and decisions recorded in the minutes shall, as far as they may apply, govern the conduct of the public hearing unless the Régie, when hearing the participants, permits a derogation therefrom to prevent an injustice.

1996, c. 61, s. 29.

30. The Régie may ban or restrict the disclosure, publication or release of any information or documents it indicates, if the confidentiality thereof or the public interest so requires.

1996, c. 61, s. 30.

CHAPTER III FUNCTIONS AND POWERS

DIVISION I JURISDICTION

31. It is within the exclusive jurisdiction of the Régie to

1°  fix the rates and conditions of service in the cases provided for in Chapter IV or in section 23 of the Hydro-Québec Act (chapter H-5);

2°  monitor the operations of holders of exclusive electric power or natural gas distribution rights to ensure that the holders of those rights adequately meet consumers’ needs;

2.1°  monitor the operations of the electric power carrier, the electric power distributor and the natural gas distributors in order to ensure that clients are charged fair and reasonable rates;

3°  (subparagraph repealed);

4°  examine any complaint in accordance with Chapter VII and see to it that the rates and conditions fixed in accordance with the law are applied;

4.1°  (subparagraph replaced);

4.2°  (subparagraph repealed);

5°  decide any other application that must be filed with it under a provision of the law.

1996, c. 61, s. 31; 2000, c. 22, s. 6; 2006, c. 46, s. 32; 2011, c. 16, Sch. II, s. 47; 2025, c. 24, s. 31.

32. The Régie, on its own initiative or on the application of any interested person, may

1°  determine the rate of return of the electric power carrier, the electric power distributor, a natural gas distributor or a storage licence holder within the meaning of the Act respecting natural gas storage and natural gas and oil pipelines (chapter S-34.1);

2°  determine the cost of service allocation method applicable to the electric power carrier, the electric power distributor, a natural gas distributor or a storage licence holder;

3°  formulate general principles for the determination and application of rates fixed by the Régie;

3.1°  determine the accounting and financial methods applicable to the electric power carrier, the electric power distributor, a natural gas distributor or a storage licence holder; or

4°  determine general characteristics of contracts for the supply of gas from renewable sources that a natural gas distributor may enter into.

1996, c. 61, s. 32; 2000, c. 22, s. 7; 2025, c. 24, s. 32.

32.1. The Régie may enter into an agreement in accordance with the law with another government or a department or body of such a government or with an international organization or a body of such an organization.

2006, c. 46, s. 33; 2011, c. 16, Sch. II, s. 48; 2016, c. 35, s. 1.

33. Before making a decision which may modify the use of an immovable situated in a reserved area or in an agricultural zone established in accordance with the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1), the Régie must obtain the advice of the Commission de protection du territoire agricole du Québec.

1996, c. 61, s. 33; 1996, c. 26, s. 85.

34. The Régie may decide an application in part only.

It may make any decision or issue any order it considers appropriate to safeguard the rights of the persons concerned.

1996, c. 61, s. 34.

34.1. The Régie may order any person to provide any information or document necessary for the exercise of its functions.

2025, c. 24, s. 33.

35. The Régie may make such inquiries as are necessary for the exercise of its functions and, to that end, the commissioners are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

The commissioners are also vested with all powers necessary for the exercise of their functions.

1996, c. 61, s. 35.

35.1. Any interested person may apply to the Régie to request it to intervene during a public hearing held for the examination of an application or, if the Régie allows it, during the examination of any other application.

The Régie shall grant the application if the intervention is useful for its proceedings, based on whether the person’s interest, taking into account the person’s field of activities, is compatible with the issues to be dealt with, with regard to the public interest.

In addition, the Régie shall determine the issues the person’s intervention may concern and the other conditions applicable to the intervention.

The Minister may, on his own initiative and at any time, intervene before the Régie.

2025, c. 24, s. 34.

36. The Régie may order the electric power carrier, any electric power or natural gas distributor or a storage licence holder to pay all or part of the costs incurred in respect of any matter submitted to the Régie or the costs incurred to enforce the decisions or orders of the Régie.

The Régie may order them to pay all or part of the expenses, including expert fees, of the persons whose participation in Régie proceedings is considered useful by the Régie, ensuring that the financing is equitably distributed among those persons.

Where it is warranted by the public interest, the Régie may pay the expenses of groups formed to take part in its public hearings.

1996, c. 61, s. 36; 2000, c. 22, s. 8; 2001, c. 16, s. 2; 2006, c. 46, s. 34; 2011, c. 16, Sch. II, s. 49; 2025, c. 24, s. 35.

37. The Régie, on its own initiative or on application, may revise or revoke any decision it has made

1°  where a new fact is discovered which, had it been known in time, could have justified a different decision;

2°  where an interested person was unable, for sufficient cause, to present observations; or

3°  where a substantive or procedural defect is likely to invalidate the decision.

Before revising or revoking a decision, the Régie must give the persons concerned an opportunity to present observations.

In the case set out in subparagraph 3 of the first paragraph, the decision may not be revised or revoked by the commissioners having made the decision.

1996, c. 61, s. 37.

38. A decision containing an error in writing or in calculation or any other clerical error may be rectified by the Régie.

1996, c. 61, s. 38.

39. The Régie or any interested person may deposit a certified copy of a decision or order made under this Act at the office of the clerk of the Superior Court of the district in which the head office or an establishment of the distributor is situated.

A decision or order deposited as in the first paragraph has the same force and effect as a judgment emanating from the Superior Court.

1996, c. 61, s. 39; 1999, c. 40, s. 245.

40. No appeal lies from a decision of the Régie.

1996, c. 61, s. 40.

41. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised and no injunction may be granted against the Régie or against any of its commissioners acting in their official capacity.

A judge of the Court of Appeal may, on an application, annul by a summary proceeding any proceeding brought or decision made contrary to the first paragraph.

1996, c. 61, s. 41; I.N. 2016-01-01 (NCCP).

42. The Régie shall advise the Minister on any energy matter submitted to the Régie by the Minister and may, on its own initiative, advise the Minister on any matter within its jurisdiction.

1996, c. 61, s. 42.

DIVISION II INSPECTION AND INQUIRIES

43. The chairman of the Régie may, for the purposes of this Act, designate any person in writing, generally or specially, to make an inquiry or an inspection.

1996, c. 61, s. 43.

44. A person designated to make an inspection may

1°  at any reasonable hour, enter the establishment or upon the property of the electric power carrier, of an entity described in section 85.3, of a distributor or of the reliability coordinator;

2°  examine and make copies of books, records, accounts, files and other documents relating to the supply, transmission, distribution, purchase, sale or consumption of energy; and

3°  require any information pertaining to the application of this Act, and the production of any related document.

Every person having custody, possession or control of such books, records, accounts, files or other documents shall, on request, give access to them to the designated person and facilitate his examination of them.

A designated person exercising powers under the first paragraph shall, on request, identify himself and show a document attesting his capacity.

1996, c. 61, s. 44; 2000, c. 22, s. 9; 2006, c. 46, s. 35; 2010, c. 8, s. 1; 2025, c. 24, s. 36.

45. No judicial proceedings may be brought against a person designated to make an inquiry or an inspection by reason of an official act done in good faith in the performance of his duties.

1996, c. 61, s. 45.

46. No person may hinder the work of a person designated to make an inquiry or an inspection in the performance of his duties.

1996, c. 61, s. 46.

47. No person may refuse to provide any information or document required under this Act or make, concur in or authorize a false or misleading statement in the course of an inspection or in response to an order or request of the Régie.

1996, c. 61, s. 47; 2006, c. 46, s. 36.

CHAPTER IV RATE DETERMINATION

48. The Régie shall conduct, every three years, a rate review during which it shall establish, for the three rate years covered by the review, the revenues required annually by the electric power carrier or the electric power distributor to ensure the operation of its system, and during which the Régie shall fix the rates applicable as of, in the case of the electric power carrier, 1 January or, in the case of the electric power distributor, 1 April of each of those three rate years. The Régie may, in the manner it determines, spread out the rate increase for one or more of the years covered by the review over those three years.

In addition, the Régie shall, during a rate year, on the application of an interested person or on its own initiative, fix a rate or conditions of service applicable to the transmission or distribution of electric power by the electric power carrier or distributor referred to in the first paragraph. The Régie shall, in order to fix a rate and according to the year concerned, take into account the required revenues established in accordance with the first paragraph for the current rate year.

On the application of the electric power carrier or the electric power distributor made during the three rate years covered by a rate review conducted under the first paragraph, in exceptional circumstances, the Régie shall conduct a rate review referred to in that paragraph in the manner provided for in that paragraph.

The electric power distributor shall consult the Minister before making an application referred to in the second or third paragraph.

1996, c. 61, s. 48; 2000, c. 22, s. 10; 2006, c. 46, s. 37; 2019, c. 27, s. 6; 2025, c. 24, s. 37.

48.1. The Régie shall fix the rates and conditions of service applicable to the distribution of natural gas, for a period of 12 months, as of the first day of a natural gas distributor’s rate year. To that effect, the Régie shall, with respect to a period covering three rate years,

1°  establish the revenues required to ensure the operation of a natural gas distribution system during the first rate year and fix, based on those revenues, the natural gas distribution rates applicable for that first year;

2°  determine, for the purpose of establishing the revenues required for the last two rate years, a cost variance formula that takes into account, among other things, any surplus or loss of revenue for a previous rate year; and

3°  fix the natural gas distribution rates applicable as of the first day of each of a distributor’s last two rate years referred to in subparagraph 2, taking into account the variance referred to in that subparagraph.

In addition, the Régie shall, during a rate year, on the application of an interested person or on its own initiative, fix a rate or conditions of service applicable to the distribution of natural gas. It shall take into account, according to the year concerned, the required revenues established in accordance with subparagraph 1 or 2 of the first paragraph.

On the application of a distributor made during a three-year period referred to in the first paragraph, due to special circumstances, the Régie shall fix the rates and conditions of service referred to in that paragraph in the manner provided for in that paragraph.

2013, c. 16, s. 2; 2019, c. 27, s. 7; 2025, c. 24, s. 37.

48.2. For the purposes of sections 48 and 48.1, the electric power distributor and a natural gas distributor must provide the Régie with a document describing the impact a rate increase would have on low-income earners.

2019, c. 27, s. 8; 2025, c. 24, s. 37.

48.3. (Replaced).

2019, c. 27, s. 8; 2025, c. 24, s. 37.

48.4. (Replaced).

2019, c. 27, s. 8; 2025, c. 24, s. 37.

48.5. (Replaced).

2019, c. 27, s. 8; 2025, c. 24, s. 37.

48.6. (Replaced).

2019, c. 27, s. 8; 2025, c. 24, s. 37.

49. When the Régie fixes rates for the transmission or distribution of electric power or for the distribution of natural gas, it shall, in particular,

1°  determine the rate base of the electric power carrier or distributor or of the natural gas distributor after giving due consideration, in particular, to the fair value of the assets the Régie considers prudently acquired and useful for the operation of the electric power transmission or distribution system or of a natural gas distribution system, as well as to the unamortized research and development and marketing expenditures, commercial programs, pre-operating costs and working capital required for the operation of such systems;

2°  determine the overall amounts of expenditure the Régie considers necessary for the provision of the service, including, as concerns all rates, expenditures attached to commercial programs and, as concerns transmission rates, expenditures attached to transmission service contracts entered into with another enterprise for the purpose of allowing the electric power carrier to use its own electric power transmission system;

3°  allow a reasonable return on the rate base;

4°  favour measures or incentives to improve the performance of the electric power carrier or distributor or a natural gas distributor and the satisfaction of clients’ needs;

5°  ensure that financial ratios are maintained;

6°  consider the cost of service, the varying risks according to classes of clients and, as concerns natural gas rates, the competition between the various forms of energy and the maintenance of equity between rate classes;

7°  ensure that the rates and other conditions for the provision of the service are fair and reasonable;

8°  consider the sales forecasts;

9°  consider service quality; and

10°  (subparagraph repealed);

11°  maintain, subject to any government order to the contrary, uniform rates throughout the territory served by the electric power transmission system;

12°  (subparagraph repealed).

When fixing rates for the distribution of electric power or natural gas, the Régie must also consider the total annual amount a distributor allocates to financing its demand response and energy efficiency programs and measures.

The Régie may, in respect of a consumer or class of consumers, fix rates to compensate for energy savings which are not beneficial for a natural gas distributor but are beneficial for the consumer or class of consumers.

The Régie may also use any other method or take into account any other element it considers appropriate, in particular to facilitate the carrying out of the energy transition or economic development.

The revenues required for the operation of the electric power transmission or distribution system or of a natural gas distribution system, in accordance with subparagraphs 1 to 5 of the first paragraph, the second paragraph and the other provisions of this chapter, shall be established only in the cases referred to in the first or third paragraph of section 48 or in subparagraph 1 of the first paragraph or the third paragraph of section 48.1.

1996, c. 61, s. 49; 2000, c. 22, s. 11; 2006, c. 46, s. 38; 2011, c. 16, Sch. II, s. 50; 2016, c. 35, ss. 1 and 7; 2024, c. 5, s. 26; 2025, c. 24, s. 38.

50. For the purposes of subparagraph 1 of the first paragraph of section 49, the fair value of the assets shall be determined on the basis of the original cost, less depreciation.

Similarly, for the purposes of that subparagraph, assets intended for the transmission of electric power or the distribution of natural gas, where the Régie authorized a project under subparagraph 1 or 2 of the first paragraph of section 73, and assets intended for the distribution of electric power are presumed to be prudently acquired and useful.

1996, c. 61, s. 50; 2000, c. 22, s. 12; 2025, c. 24, s. 39.

51. For the purposes of subparagraph 1 of the first paragraph of section 49, the fair value of the assets that may form part of the rate base of a natural gas distributor for projects expanding its distribution system to introduce the injection of gas from renewable sources does not include the value attached to the injection points and to the installations and equipment useful for injection.

Similarly, for the purposes of that subparagraph, the Régie shall give due consideration to the fair value of the assets referred to in the first paragraph that it considers prudently acquired and useful for such expansion projects, up to, for each of them, the lesser of an amount resulting from the application of a rate or a maximum amount determined by the Régie, on the proposal of the distributor concerned, in order to allow the distributor to recover part of that value from consumers.

1996, c. 61, s. 51; 2000, c. 22, s. 13; 2025, c. 24, s. 39.

52. (Replaced).

1996, c. 61, s. 52; 2000, c. 22, s. 14; 2025, c. 24, s. 39.

52.1. When the Régie establishes the revenues required to ensure the operation of the electric power distribution system, it shall consider the electric power distributor’s electric power supply costs, the transmission costs assumed by the distributor, the revenues required to ensure the operation of the public fast-charging service for electric vehicles referred to in section 23 of the Hydro-Québec Act (chapter H-5), the amounts of financial assistance granted and paid under section 39.0.1 of that Act, to the extent that those amounts have not been reimbursed, and the amounts allocated by Hydro-Québec under an agreement relating to Native affairs referred to in section 3.48 of the Act respecting the Ministère du Conseil exécutif (chapter M-30) and enabling the settlement of disputes related to activities carried out or to works constructed by Hydro-Québec before 7 June 2025.

When fixing electric power distribution rates, the Régie shall ensure that rates applicable to a class of consumers are uniform throughout the electric power distribution system, with the exception of independent electric power distribution systems north of the 53rd parallel.

The Régie shall not fix the rates applicable to a class of consumers in order to alleviate the cross-subsidization of rates applicable to classes of consumers.

The third paragraph does not apply where the Government indicates its concerns to the Régie beforehand in accordance with section 109.1 or where the Régie fixes a transition rate in respect of a consumer that is transferring to another class of consumers.

2000, c. 22, s. 15; 2006, c. 46, s. 39; 2010, c. 20, s. 62; 2016, c. 35, s. 21; 2025, c. 24, s. 40.

52.1.1. When the Régie establishes the revenues required to ensure the operation of the electric power distribution system, it shall consider any difference established by Hydro-Québec between the costs assumed by Hydro-Québec to ensure the supply of electric power to a holder of exclusive electric power distribution rights referred to in the second paragraph of section 62 and the operating revenues Hydro-Québec collects under an agreement referred to in the second paragraph of section 22.0.0.3 of the Hydro-Québec Act (chapter H-5).

2010, c. 20, s. 63; 2025, c. 24, s. 41.

52.1.2. For the purposes of the first paragraph of section 52.1, the revenues required to ensure the operation of the public fast-charging service for electric vehicles shall be established by the Régie after giving due consideration, in particular, to the fair value of the assets it considers prudently acquired and useful for the operation of such a public service, the overall amounts of expenditure it considers necessary for the provision of the service and the operating revenues collected by the electric power distributor from the provision of the service.

2018, c. 25, s. 2; 2025, c. 24, s. 42.

52.2. The electric power supply costs referred to in section 52.1 shall be established by the Régie by adding

1°  the heritage pool electricity supply cost obtained by totalling the products obtained by multiplying the heritage pool electricity consumption attributable to each class of consumers for which a cost is determined by the Government under section 22.0.0.2 of the Hydro-Québec Act (chapter H-5) expressed in kWh by the cost of heritage pool electricity that the Government determines under that section expressed in $/kWh; and

2°  to meet the electric power needs of Québec markets in excess of the heritage pool,

a)  the costs of the electric power supply contracts entered into with electric power suppliers under sections 74.1 and 74.2; and

b)  the electric power supply costs other than those referred to in subparagraph a, which are established by the Régie in such a manner that those costs reflect market costs for comparable products or services.

However, in the case of surplus supply during a rate year, the electric power supply costs referred to in the first paragraph shall be established in a manner that takes into account, first, all the costs of the electric power supply contracts for electric power whose delivery cannot be postponed and, second, part of the costs of the other electric power supplies.

For the purposes of subparagraph b of subparagraph 2 of the first paragraph, the Régie may fix the cost for a supply referred to in that subparagraph for a period exceeding the period covered by the rate review referred to in the first or third paragraph of section 48.

2000, c. 22, s. 15; 2013, c. 16, s. 3; 2010, c. 20, s. 64; 2013, c. 16, s. 3; 2015, c. 8, s. 16; 2025, c. 24, s. 43.

52.2.1. In the case of special contracts entered into under the Hydro-Québec Act (chapter H-5), the supply cost corresponds to the rate stipulated in the contract, less the transmission and distribution costs applicable according to consumption characteristics, and does not affect the electric power distributor’s supply cost applicable to other classes of consumers for the purposes of section 52.1.

2010, c. 20, s. 64; 2025, c. 24, s. 44.

52.2.2. (Repealed).

2010, c. 20, s. 65; 2013, c. 16, s. 4.

52.3. When the Régie conducts a rate review in accordance with the first or third paragraph of section 48, it shall consider, according to the terms proposed by the electric power carrier or the electric power distributor, the surpluses or losses of revenue accumulated by the carrier or distributor during the rate years covered by the previous rate review. Those surpluses or losses of revenue, which may be estimated for the last rate year covered by the previous rate review, shall be established by the carrier or distributor, who shall inform the Régie not later than 30 days before the beginning of the first rate year for which the required revenues are established.

For the purposes of the first paragraph, the Régie may require, for each of the years covered by the previous rate review, that the electric power carrier or the electric power distributor provide to the Régie any information or document concerning the establishment of the surpluses or losses of revenue.

2000, c. 22, s. 15; 2025, c. 24, s. 45.

52.4. The amounts of financial assistance and the amounts allocated under agreements relating to Native affairs that are referred to in section 52.1 are, respectively, established according to the amortization basis determined by the Régie and amortized over a 50-year period, having regard to the unamortized portion of the financial assistance or of those amounts and, as the case may be, to the applicable return.

2016, c. 35, s. 22; 2025, c. 24, s. 46.

52.4.1. The Government may, for the purposes of a rate review referred to in the first or third paragraph of section 48 and for the rate years and the domestic rates for electric power distribution that it determines, establish a maximum rate applicable to the increase of those rates. The Régie is required to fix the rates concerned in such a manner that their increase does not exceed that maximum rate.

2025, c. 24, s. 47.

52.4.2. The Régie may, on the application of the electric power distributor, fix rates and conditions for services related to its demand response and energy efficiency programs and measures in a place where electric power is consumed.

2025, c. 24, s. 48.

52.5. In addition to natural gas distribution rates, the Régie may, on the application of a natural gas distributor, fix rates and conditions of service the distributor may require from a consumer for

1°  the supply of natural gas, excluding renewable natural gas;

2°  the supply of gas from renewable sources;

3°  recovery of the cost assumed by the distributor for the transmission of natural gas;

4°  a load-balancing service offer; and

5°  recovery of other costs assumed by the distributor as an emitter referred to in section 46.6 of the Environment Quality Act (chapter Q-2) or to comply with an obligation to distribute a quantity of gas from renewable sources that is determined under subparagraph 5 of the first paragraph of section 112.

The revenues required to ensure provision of the services referred to in the first paragraph shall be established by the Régie taking into account the costs assumed by the distributor and, in the case of subparagraph 3, the excess transmission capacity provided for in section 72. The Régie may also take into account the revenues generated by the distributor’s participation in an instrument trading market established to promote the reduction of greenhouse gas emissions.

The rates fixed by the Régie must enable recovery of the required revenues referred to in the second paragraph. However, on the application of a distributor, the Régie may fix a lower rate for the service referred to in subparagraph 2 of the first paragraph. In addition, the rates referred to in subparagraphs 2 to 5 of that paragraph may vary according to classes of consumers.

2025, c. 24, ss. 49 and 188.

52.6. The Régie shall, in accordance with the first and fourth paragraphs of section 49, with the necessary modifications and on the application of a natural gas distributor or a producer of gas from renewable sources or on its own initiative, fix a distributor’s rates and conditions of service applicable to such a producer for the injection of gas from renewable sources. The fair value of the assets that may form part of the rate base of a natural gas distributor is the value attached to the injection points and to the installations and equipment useful for injection, as well as the value corresponding to the difference between the amount referred to in the first paragraph of section 51 and that referred to in the second paragraph of that section.

2025, c. 24, s. 49.

52.7. The Régie shall, in accordance with the first and fourth paragraphs of section 49, with the necessary modifications and on the application of a storage licence holder or on its own initiative, fix the rates and conditions of service applicable to storage, by that licence holder, of natural gas or of gas from renewable sources.

2025, c. 24, s. 49.

52.8. A decision of the Régie fixing an electric power distribution rate amends Schedule I to the Hydro-Québec Act (chapter H-5). The Régie shall publish amended Schedule I in the Gazette officielle du Québec after the rate is fixed.

The Régie shall also publish in the Gazette officielle du Québec any other rate it fixes, specifying the date on which the rate takes effect.

The electric power carrier or distributor, a natural gas distributor and a storage licence holder shall publish their rates and conditions of service on their website. Those rates and conditions are deemed to form part of any contract entered into with a client in relation to the services referred to in this chapter.

2025, c. 24, s. 49.

53. The electric power carrier or distributor, a natural gas distributor or a storage licence holder may not, in respect of a client, impose or agree to a rate or to conditions other than those fixed by the Régie or the Government or set out in Schedule I to the Hydro-Québec Act (chapter H-5).

Nor may the electric power carrier or distributor or a natural gas distributor discontinue or interrupt service to a client because of his refusal to pay an amount other than the amount resulting from the application of a rate or condition fixed by the Régie or the Government or set out in Schedule I to the Hydro-Québec Act.

1996, c. 61, s. 53; 2000, c. 22, s. 16; 2019, c. 27, s. 9; 2025, c. 24, s. 50.

54. Any stipulation of an agreement which is at variance with a tariff fixed by the Régie or the Government or set out in Schedule I to the Hydro-Québec Act (chapter H-5) is without effect.

1996, c. 61, s. 54; 1999, c. 40, s. 245; 2019, c. 27, s. 10.

CHAPTER V MONITORING OF STEAM AND PETROLEUM PRODUCT PRICES

55. The Régie shall monitor, in the various regions of Québec, the prices charged for petroleum products and those charged for steam supplied or distributed by means of pipes for heating purposes.

To that end, the Régie may exercise powers of supervision, inspection and inquiry in respect of the sale or distribution of steam or petroleum products and the prices, taxes and duties charged and paid.

The Régie shall also make inquiries at the request of the Government and the costs incurred for any such inquiry shall be borne by the Government.

1996, c. 61, s. 55; 2000, c. 22, s. 17.

56. The Régie may, at any time, order any person to furnish any information concerning the person’s sales or distribution of petroleum products or steam or concerning the prices, taxes and duties charged and paid.

The person concerned must comply with the order issued by the Régie.

1996, c. 61, s. 56.

57. The Régie shall, on its own initiative or at the Minister’s request, advise the Government or the Minister concerning steam or petroleum product prices.

1996, c. 61, s. 57.

58. The Régie may, on request, provide information to consumers on the prices charged by a steam or petroleum products distributor.

The Régie may promote awareness of consumer needs and demands among steam and petroleum products distributors.

1996, c. 61, s. 58.

58.1. The Régie may indicate the minimum price at the loading ramp of gasoline and diesel in a periodical it shall issue in any medium it determines.

2016, c. 35, s. 8.

59. For the purposes of section 67 of the Petroleum Products Act (chapter P-30.01),

1°  the Régie shall, on its own initiative or at the Minister’s request, determine an amount per litre representing the operating costs borne by a gasoline or diesel fuel retailer; different amounts may be fixed according to regions determined by the Régie;

2°  the Régie shall assess the expediency of excluding the amount from or including the amount in the operating costs borne by a retailer; the Régie shall specify the period and the zone to which its decision applies;

3°  the Régie may determine zones.

For the purposes of subparagraph 1 of the first paragraph, the operating costs are the reasonable and necessary costs involved in retailing gasoline or diesel fuel efficiently.

In exercising its powers, the Régie must ensure that the interests of consumers are protected.

1996, c. 61, s. 59; 2000, c. 22, s. 18; 2005, c. 10, s. 72; 2025, c. 24, s. 51.

CHAPTER VI EXCLUSIVE ELECTRIC POWER OR NATURAL GAS DISTRIBUTION RIGHTS

DIVISION I GRANT OF EXCLUSIVE DISTRIBUTION RIGHTS

§ 1 . — Distribution of electric power

60. Exclusive electric power distribution rights confer on the holder, within the territory where they obtain and to the exclusion of anyone else, the right to distribute electric power to a consumer.

Such rights do not prevent anyone from consuming the electric power they produce.

Such rights do not prevent anyone producing electric power from renewable sources from distributing it to a single consumer to meet the needs of the consumer’s installations, insofar as the installations are situated on a site adjacent to the production site and the Government authorizes such distribution on the conditions it determines.

1996, c. 61, s. 60; 2000, c. 22, s. 19; 2025, c. 24, s. 52.

61. Except in the case referred to in the third paragraph of section 60, no one may distribute electric power to a consumer within a territory without being a holder of exclusive distribution rights within the territory.

1996, c. 61, s. 61; 2025, c. 24, s. 53.

62. The electric power distributor is the holder of exclusive electric power distribution rights throughout the territory of Québec, excluding the territories served by municipal electric power systems or by the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville on 13 May 1997. These rights do not prevent the electric power distributor from entering into a supply contract to meet the needs of an independent electric power distribution system.

Municipal electric power systems as well as the Coopérative d’électricité de Saint-Jean-Baptiste de Rouville are also the holders of exclusive distribution rights within the territory served on that date by their distribution system.

Notwithstanding sections 60 and 61, holders of exclusive electric power distribution rights may agree on terms and conditions for the provision of service to a consumer in each other’s territories.

This Act does not operate to prevent a holder of exclusive electric power distribution rights to continue to operate its installations for the distribution of electric power which, on 13 May 1997 are situated within the territory served on that date by another holder of exclusive electric power distribution rights.

1996, c. 61, s. 62; 2000, c. 22, s. 20; 2006, c. 46, s. 40; 2025, c. 24, s. 54.

§ 2 . — Distribution of natural gas

63. Exclusive natural gas distribution rights confer on the holder, within the territory where they obtain and to the exclusion of anyone else, the right to operate a natural gas distribution system and to distribute by pipeline natural gas intended for consumption.

Exclusive natural gas distribution rights do not confer the exclusive right to supply or store natural gas or gas from renewable sources in an underground or overground reservoir.

1996, c. 61, s. 63; 2025, c. 24, s. 55.

64. After obtaining the advice of the Régie, the Government may grant to a person or partnership, subject to the conditions it determines, exclusive natural gas distribution rights within the territory it determines.

1996, c. 61, s. 64.

65. An application for exclusive natural gas distribution rights must be made in writing to the Régie and filed with the documents and fees prescribed by regulation.

Upon receipt of an application, the Régie shall inform the Minister.

1996, c. 61, s. 65.

66. The Régie shall publish a notice of the application in the Gazette officielle du Québec and in a daily newspaper distributed in the territory for which the application is made. The notice shall state

1°  that an application for exclusive natural gas distribution rights has been filed with the Régie;

2°  that a public hearing will be held to examine the application;

3°  that interested persons will be given the opportunity to present observations; and

4°  the place, date and time of the public hearing.

The public hearing may not be held before the expiry of 30 days after the later of the publications.

1996, c. 61, s. 66.

67. After the public hearing is held, the Régie shall advise the Government concerning the application for exclusive natural gas distribution rights.

1996, c. 61, s. 67.

68. Exclusive natural gas distribution rights may be granted for not more than 30 years. They may be renewed subject to the conditions determined by the Government.

1996, c. 61, s. 68.

69. Whenever the public interest so requires, the Government may, after obtaining the advice of the Régie, modify or revoke exclusive natural gas distribution rights.

1996, c. 61, s. 69.

70. The Minister shall give notice in the Gazette officielle du Québec of every grant, renewal, modification or revocation of exclusive natural gas distribution rights.

1996, c. 61, s. 70.

71. No one, except the holder of exclusive natural gas distribution rights, may operate a natural gas distribution system.

1996, c. 61, s. 71.

DIVISION II OBLIGATIONS OF THE ELECTRIC POWER CARRIER AND OF DISTRIBUTORS

2000, c. 22, s. 22.

71.1. (Repealed).

2015, c. 8, s. 17; 2025, c. 24, s. 56.

71.2. (Repealed).

2015, c. 8, s. 17; 2025, c. 24, s. 56.

72. With the exception of private electric power systems, a holder of exclusive electric power or natural gas distribution rights shall prepare and submit to the Régie for approval, according to the form, tenor and intervals fixed by regulation of the Régie, a supply plan describing the characteristics of the contracts the holder intends to enter into in order to meet the needs of Québec markets following the implementation of the energy efficiency measures. The supply plan shall be prepared having regard to

1°  the risks inherent in the sources of supply chosen by the holder;

2°  as concerns any particular source of electric power, the energy block established by regulation of the Government under subparagraph 2.1 of the first paragraph of section 112; and

3°  as concerns natural gas supply,

a)  the excess transmission capacity the holder considers necessary to facilitate the development of industrial activities, which shall not be greater than 10% of the quantity of natural gas that the holder expects to deliver annually; and

b)  the quantity of gas from renewable sources determined by regulation of the Government under subparagraph 4 of the first paragraph of section 112.

When examining a supply plan for approval, the Régie shall consider such economic, social and environmental concerns as have been identified by order by the Government.

1996, c. 61, s. 72; 2000, c. 22, s. 23; 2006, c. 46, s. 41; 2016, c. 35, s. 9; 2021, c. 28, s. 7.

73. The electric power carrier and natural gas distributors must obtain the authorization of the Régie, subject to the conditions and in the cases determined by regulation by the Régie, to

1°  acquire, construct or dispose of immovables or assets for transmission or distribution purposes;

2°  extend, modify or change the use of their transmission or distribution system;

3°  cease or suspend operations; or

4°  restructure their operations with the result that part thereof would be excluded from the application of this Act.

The first paragraph does not prevent an electric power carrier or a natural gas distributor from making investments for the purposes of inventories, surveys, examinations, analyses or other preparatory work when the investments are directly related to an operation provided for in the first paragraph. The carrier and distributor may also apply to the Régie for authorization of such investments and, where authorization is granted, the investments are presumed useful for the purposes of subparagraph 1 of the first paragraph of section 49.

When examining an application for authorization referred to in subparagraph 1 or 2 of the first paragraph, the Régie shall consider, where applicable,

1°  the sales forecasts of the natural gas distributors and their obligation to distribute electric power or natural gas; and

2°  the contractual commitments of the consumers served by the electric power transmission service and, where applicable, their financial contributions to the acquisition or construction of transmission assets, and the economic feasibility of the project.

The Régie may authorize the project on the conditions it determines.

An authorization under this section does not constitute a dispensation from seeking any other authorization required by law.

1996, c. 61, s. 73; 2000, c. 22, s. 24; 2016, c. 35, s. 10; 2019, c. 27, s. 11; 2025, c. 24, s. 58.

73.1. The electric power carrier must submit the technical requirements for connection to its system to the Régie for approval. If the Régie deems it useful for the purposes of section 85.17, it may request that an owner or operator referred to in section 85.14 submit the technical requirements for connection to its system to the Régie for approval.

2000, c. 22, s. 25; 2006, c. 46, s. 42.

74. The commercial programs of any natural gas distributor require the approval of the Régie.

In examining an application under this section, the Régie shall give due consideration to changes in commercial practices and the cost effectiveness of the commercial programs and their impact on the rates of the distributor.

1996, c. 61, s. 74; 2000, c. 22, s. 26; 2019, c. 27, s. 12.

74.1. The electric power distributor shall ensure by any means, including by entering into an electric power supply contract with a person or partnership that may be established in partnership with an Indigenous community or a municipality, the supplies required to meet the electric power needs of Québec markets in excess of the heritage pool.

Where the electric power distributor enters into an electric power supply contract for the purposes of the first paragraph, the distributor shall, in the cases and on the conditions the Régie determines by regulation, apply to the Régie for authorization of such a contract.

However, such authorization is not required

1°  where the electric power distributor awards a contract for the supply of electric power from renewable energy sources by way of a public call for tenders that ensures that the electric power suppliers responding to it are treated with fairness and impartiality;

2°  where the electric power distributor enters into an electric power supply contract because of an emergency or for a period not exceeding three months; or

3°  where the Government authorizes the electric power supply contract on the conditions it determines.

For the purposes of subparagraph 1 of the third paragraph, if a call for tenders concerns all sources of renewable energy, a demand response or energy efficiency project and the promoter of such a project are considered to be, respectively, an electric power supply and an electric power supplier.

2000, c. 22, s. 27; 2006, c. 46, s. 43; 2025, c. 24, s. 59.

74.1.1. (Repealed).

2013, c. 16, s. 5, s. 8; 2015, c. 8, s. 18.

74.2. The Government may determine the general conditions applicable to public calls for tenders or to the electric power supply contracts of the electric power distributor.

The Government may also determine that the electric power distributor must make a public call for tenders to award an electric power supply contract for the volume of electric power it determines as well as the special conditions applicable to such a call for tenders or such a contract.

2000, c. 22, s. 27; 2013, c. 16, s. 6; 2015, c. 8, s. 19; 2025, c. 24, s. 59.

74.3. (Replaced).

2006, c. 46, s. 44; 2025, c. 24, s. 59.

75. Each year at the time determined by the Régie, the electric power carrier and every natural gas distributor shall submit a report to the Régie containing the following information:

1°  its name;

2°  in the case of a company carrying on an enterprise, its capital stock, the various issues of securities made since the establishment of the enterprise or since the last report, and the names of its directors;

3°  its assets, liabilities, revenues and expenditures for the year;

4°  the prices and rates charged during the year; and

5°  any other information required by the Régie.

1996, c. 61, s. 75; 2000, c. 22, s. 28; 2019, c. 27, s. 13.

75.0.1. A natural gas distributor shall, within 90 days after the end of a rate year for which the distributor must distribute the quantity of gas from renewable sources that is determined by the Government under subparagraph 5 of the first paragraph of section 112, send the Régie a report indicating the quantity of gas from renewable sources distributed during that rate year.

The Régie shall publish on its website the report sent by the distributor.

2025, c. 24, s. 61.

75.1. Each year, at the time determined by the Régie, the electric power distributor shall send the Régie the information referred to in Schedule II. The information specified in paragraph 10 of that schedule must be sent only regarding projects whose cost exceeds the cost determined by the Régie.

Before sending the information, the electric power distributor shall present it at public information sessions, except the summary provided for in paragraph 20 of Schedule II. During an information session, any interested person may submit observations and present information complementary to that presented by the electric power distributor.

The Régie shall publish on its website the information sent by the electric power distributor under the first paragraph.

2019, c. 27, s. 14; 2025, c. 24, s. 62.

76. Every holder of exclusive electric power distribution rights shall distribute electric power to every person who so requests within the territory where their exclusive distribution rights obtain.

Despite the first paragraph, a holder shall apply for the authorization of the Minister to distribute electric power to any person who requests at least 50 kilowatts (kW) of power in the case of a request for cryptographic use applied to blockchains for cryptocurrency mining purposes, or at least 5 megawatts (MW) in the case of any other request.

The Government may, by regulation, determine other cases in which and conditions on which a holder shall apply for the authorization of the Minister to distribute electric power or in or on which the holder is not required to obtain an authorization under the second paragraph.

Before applying for the authorization, a holder other than the electric power distributor shall submit its application to the distributor in order for the latter to analyze the technical capabilities for connection and the economic benefits and social and environmental impacts of using the electric power requested. The electric power distributor shall make a recommendation regarding the authorization and its conditions. The application for authorization of any holder shall be accompanied by such an analysis and such a recommendation of the electric power distributor.

If the Minister is of the opinion that the holder does not possess the technical capabilities for connection, the Minister shall reject the application. If the Minister finds otherwise, the Minister shall take into account, in particular and before rendering his decision on the application, the recommendation of the electric power distributor and the economic benefits and social and environmental impacts of the use of the electric power requested.

In the case of an application for power for which an authorization is required under the second paragraph up to 50 megawatts (MW) and concerning a consumer whose establishment is already served by the holder’s distribution system, the Minister shall render his decision within 15 working days after receiving the electric power distributor’s recommendation.

The Minister may join two or more applications for authorization where the Minister considers that the applications have the same purpose or a related purpose.

Where the Minister issues an authorization, the Minister may attach conditions to it, in particular conditions relating to the economic benefits and social and environmental impacts of the use of the electric power. The Minister may also impose a maximum time limit for entering into an electric power distribution service contract.

The Minister may require any information from a holder for the purposes of this section. The electric power distributor may require any information from another holder that is necessary for its analysis and its recommendation.

The Minister is not to issue an authorization referred to in the second paragraph if the application concerns a special contract referred to in the second paragraph of section 22.0.1 of the Hydro-Québec Act (chapter H-5).

1996, c. 61, s. 76; 2000, c. 22, s. 29; 2025, c. 24, s. 63.

76.1. (Repealed).

2006, c. 46, s. 45; 2025, c. 24, s. 64.

76.2. No holder of exclusive electric power distribution rights may interrupt the distribution of electric power, between 1 December and 31 March, to the main residence of a consumer who is living there and whose heating system requires electric power, on the grounds that the consumer did not pay the bill on time or did not comply with the terms of the payment agreement. The electric power distributor’s conditions of service apply to any holder of exclusive rights to distribute electric power, with the necessary modifications.

2006, c. 46, s. 45; 2025, c. 24, s. 65.

77. A natural gas distributor is required to supply and distribute natural gas to every person who so requests within the territory served by the distributor’s distribution system.

Within that territory, the distributor shall also, at the request of any person or at the request of a natural gas broker acting in his own name or in the name of a producer or of another person, receive and distribute to the person having made the request natural gas purchased from a third person by the person having made the request and intended for the latter’s own consumption.

1996, c. 61, s. 77; 2025, c. 24, s. 66.

78. For the purposes of section 77, a person who is refused distribution by a natural gas distributor may apply to the Régie for an order directing the distributor to distribute natural gas to the person.

Such interested person may also request the Régie to recommend to the Government that it extend the territory where the exclusive rights of a natural gas distributor obtain and to order the distributor to expand its distribution system.

1996, c. 61, s. 78; 2025, c. 24, s. 67.

79. The Régie may, at the request of a consumer or a natural gas distributor, dispense the distributor from complying with a person’s request made under section 77 if the Régie is of the opinion that the public interest so requires or that the cost of the service would not be borne by that person.

The Régie may also dispense a natural gas distributor from complying with a person’s request made under section 77 where it would be detrimental to the profitability or efficient operation of the distributor’s enterprise or where the security of supply of a consumer is likely to be endangered.

Where natural gas is used mainly for space heating or domestic purposes, the Régie may also dispense a distributor from complying with a request under the second paragraph of section 77 if the Régie is of the opinion that, in view of the particular needs of the person having made the request and of the availability of natural gas, the security of supply under the conditions of supply agreed upon between that person and a third person is not comparable to that offered by a distributor.

1996, c. 61, s. 79; 2025, c. 24, s. 68.

79.1. The Minister may, after consulting with the Régie and on the conditions the Minister determines, exempt a natural gas distributor from following up on a request of a person referred to in section 77 where the distributor demonstrates to the Minister that it can supply or receive and distribute to such a person

1°  renewable natural gas using a vehicle; or

2°  by pipeline,

a)  gas from renewable sources, excluding renewable natural gas; or

b)  thermal energy generated from renewable sources or reclaimed by means of a system to recover residual materials.

Before granting an exemption, the Minister shall ensure, in particular, that the distributor can offer an equivalent and safe energy supply at a reasonable cost, complies with the policy directions and enables achievement of the objectives and targets established by the integrated energy resource management plan referred to in section 14.2 of the Act respecting the Ministère de l’Économie, de l’Innovation et de l’Énergie (chapter M-14.1).

Where the Minister grants the exemption, the Régie shall fix the rate for the supply of gas referred to in subparagraph 1 and subparagraph a of subparagraph 2 of the first paragraph in accordance with section 52.5, excluding subparagraphs 1 and 3 to 5 of the first paragraph of that section. The Régie shall also fix the rate for the supply of energy referred to in subparagraph b of subparagraph 2 of the first paragraph, which it shall establish taking into account the costs assumed by the distributor or in such a manner that ensures that those costs reflect the market costs for comparable products.

In addition, the cost of the distribution referred to in the first paragraph, required from the consumer by a natural gas distributor, shall not be less than the natural gas distribution rate fixed by the Régie and applicable to the same class of consumers, and the rate referred to in section 52.6 applies to a producer for the injection of gas from renewable sources that is referred to in subparagraph a of subparagraph 2 of the first paragraph, with the necessary modifications.

2025, c. 24, s. 69.

79.2. On the application of a natural gas distributor having obtained an exemption under section 79.1, the Régie shall, when establishing the rate base and determining the overall amounts of expenditure in accordance with subparagraphs 1 and 2 of the first paragraph of section 49 for the purpose of fixing a distribution rate for the distributor’s natural gas, also give due consideration, in relation to the distribution referred to in section 79.1, up to a maximum amount determined by the Régie, which must not increase the natural gas distribution rate, to the fair value of the assets the Régie considers prudently acquired and useful, the overall amounts of expenditure it considers necessary and the unamortized research and development and marketing expenditures, as well as to the operating revenues collected by the natural gas distributor. However, the fair value of the assets that is attached to the injection points and the facilities and equipment useful for injecting gas from renewable sources referred to in subparagraph a of subparagraph 2 of the first paragraph of section 79.1 shall not be included in the rate base except for the purposes described in section 52.6.

2025, c. 24, s. 69.

79.3. The Minister may, on the application of a natural gas distributor that demonstrates to the Minister that it can supply or receive and distribute, within the territory served by the distributor’s natural gas distribution system, to a person or a class of persons, the gas or energy referred to in subparagraphs 1 and 2 of the first paragraph of section 79.1 in the manner specified in those subparagraphs, authorize, on the conditions that the Minister determines, the Régie to give due consideration, when establishing the rate base and the overall amounts of expenditure in accordance with subparagraphs 1 and 2 of the first paragraph of section 49 in respect of such a distributor, to the elements listed in section 79.2 in the manner provided for in that section.

Before granting the authorization, the Minister shall ensure, in particular, that it complies with the policy directions and enables achievement of the objectives and targets established by the integrated energy resource management plan referred to in section 14.2 of the Act respecting the Ministère de l’Économie, de l’Innovation et de l’Énergie (chapter M-14.1).

Where the Minister grants the authorization, the distributor is exempted from following up on a request made by a person referred to in section 77, where applicable. In addition, the third and fourth paragraphs of section 79.1 apply.

2025, c. 24, s. 69.

79.4. The ministerial order provided for in section 79.1 or 79.3 shall be published on the Minister’s department’s website.

2025, c. 24, s. 69.

80. The alienation or other transfer of an enterprise operating under exclusive natural gas distribution rights or the amalgamation of a legal person holding such rights may not be effected without the authorization of the Government.

The authorization of the Government is also required to transfer, assign, exchange or allot securities of a legal person holding exclusive natural gas distribution rights or to make any other transaction in respect of such securities if such a transaction directly or indirectly entails putting into the same hands or into the hands of a group of related persons within the meaning of the Taxation Act (chapter I-3) securities or rights to acquire securities

1°  allowing the election of a majority of the directors of the legal person, in the case of securities exempt from the application of the Securities Act (chapter V-1.1);

2°  representing more than 20% of the voting securities of the legal person, in the case of securities not exempt from the application of the Securities Act.

Where a partnership holds exclusive natural gas distribution rights, every transaction in respect of the shares of the partnership must be authorized by the Government if it entails putting into the same hands or into the hands of a group of related persons within the meaning of the Taxation Act, shares or rights to acquire shares of the partnership representing more than 50% of the partnership capital or, in the case of a limited partnership, shares allowing a person to act as a general partner.

Before deciding an application under this section, the Government shall obtain the advice of the Régie.

Any interested person may apply to a court of competent jurisdiction to have any act done in contravention of this section declared null.

This section also applies to municipal electric power systems as well as to the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville.

1996, c. 61, s. 80; 2000, c. 22, s. 30; 2006, c. 46, s. 46; 2025, c. 24, s. 70.

81. Where a natural gas distributor is supplied natural gas by a supplier having a direct or indirect interest in the enterprise of the distributor, the distributor shall submit the supply contract to the Régie for approval.

The same applies where the natural gas distributor has a direct or indirect interest in the enterprise of the supplier.

1996, c. 61, s. 81.

82. A natural gas distributor is authorized to exercise as regards natural gas, within the territory where the distributor’s exclusive distribution rights obtain, such powers relating to the sale and rental of apparatus and meters, work in the streets, on highways and in public places and interruptions of service and such power to enter upon private property as are provided for in sections 63 to 71 and 73 to 76 of the Gas, Water and Electricity Companies Act (chapter C-44), subject to the restrictions, conditions and obligations specified in those sections.

The distributor may exercise the same powers, subject to the same restrictions, conditions and obligations, with respect to the construction of pipelines for the supply and distribution of natural gas to the distributor’s consumers in the territory for which exclusive distribution rights have been granted to the distributor, whether the pipelines are built wholly or partly within or outside that territory.

1996, c. 61, s. 82; 2025, c. 24, s. 71.

83. A natural gas distributor may acquire by agreement or expropriation any right of way, servitude or immovable required for the exercise of his exclusive natural gas distribution rights in the territory for which exclusive distribution rights have been granted to the distributor.

1996, c. 61, s. 83; 2025, c. 24, s. 72.

84. The installation of pipes, conduits, dependencies, apparatus or other works by a natural gas distributor under or along any public road, watercourse, street, lane or other public place in a municipality shall be effected pursuant to the conditions agreed upon between the parties or, failing agreement, pursuant to the conditions determined by the Régie.

Any agent of the natural gas distributor may, at any reasonable time, enter upon any immovable to effect such installation or to repair such works and to do any work required for such purpose, subject to paying any damage which may be caused.

1996, c. 61, s. 84.

85. Sections 87, 89 and 94 of the Gas, Water and Electric Companies Act (chapter C-44), which pertain to illegal connections, damage to meters and apparatus exempt from seizure, apply in favour of a natural gas distributor.

1996, c. 61, s. 85.

85.1. No later than 31 March each year, every distributor mentioned in section 2.1 shall file a registration statement with the Régie, indicating the location of each establishment it operates.

2000, c. 22, s. 31; 2006, c. 46, s. 47.

CHAPTER VI.1 ELECTRIC POWER TRANSMISSION

2006, c. 46, s. 48.

DIVISION 0.1 PLANNING OF THE ELECTRIC POWER CARRIER

2025, c. 24, s. 73.

Not in force

85.1.1. The electric power carrier must, not later than six months after the Régie approves the electric power distributor’s supply plan, make available online and file with the Régie a 15-year electric power transmission system development plan prepared in compliance with the integrated energy resource management plan referred to in section 14.2 of the Act respecting the Ministère de l’Économie, de l’Innovation et de l’Énergie (chapter M-14.1) and taking into account the supply plan.

For the purposes of the preparation of the development plan, the electric power carrier must hold a public consultation. It shall make available online, with the development plan, a report on the observations and comments collected from the public during that public consultation.

The Minister may require an electric power carrier to indicate certain information in its development plan and to hold the public consultation in a certain manner.

2025, c. 24, s. 73.

85.1.2. The electric power carrier must make available online information on the capabilities of the electric power transmission system with regard to industrial consumption and to connection to the electric power supply.

The Government may, by regulation, determine the additional information that must be made available by the electric power carrier, which may vary according to the zones or installations that form part of the electric power transmission system or which may concern projected capabilities. The regulation may also determine the manner and intervals according to which the information referred to in this section is to be made available.

2025, c. 24, s. 73.

85.1.3. The electric power carrier must, on its own initiative or at the request of the Régie, submit to the Régie a code of conduct designed to ensure fair access to the electric power transmission system for the carrier’s customers.

The code of conduct must be approved by the Régie and, once the code is approved, the electric power carrier shall publish it on its website.

2025, c. 24, s. 73.

DIVISION I RELIABILITY STANDARDS

2006, c. 46, s. 48.

85.2. The Régie shall ensure that electric power transmission in Québec is carried out according to the reliability standards it adopts.

2006, c. 46, s. 48.

85.3. This division applies to

1°  an owner or operator of a facility with a capacity of 44 kV or more connected to an electric power transmission system;

2°  an owner or operator of an electric power transmission system;

3°  an owner or operator of a production facility with a capacity of 50 megavolt amperes (MVA) or more connected to an electric power transmission system;

4°  a distributor with a peak capacity of over 25 megawatts (MW), whose facilities are connected to an electric power transmission system; and

5°  a person who uses an electric power transmission system under an electric power transmission service agreement with the electric power carrier or with any other carrier in Québec.

2006, c. 46, s. 48; 2010, c. 8, s. 2.

85.4. The Régie may, in accordance with the law, enter into an agreement with a body that proves it has the expertise to establish or monitor the application of electric power transmission reliability standards, in order to

1°  develop electric power transmission reliability standards for Québec;

2°  carry out inspections or investigations under Division II of Chapter III as part of plans to monitor compliance with the reliability standards; or

3°  provide the Régie with opinions or recommendations.

The agreement must set out the method of establishing remuneration and the terms of payment for achieving its objects.

2006, c. 46, s. 48; 2025, c. 24, s. 74.

85.5. The Régie shall designate, on the conditions it determines, a reliability coordinator for Québec.

2006, c. 46, s. 48.

85.6. The reliability coordinator must file with the Régie

1°  the reliability standards proposed by a body that has entered into an agreement under section 85.4, as well as any variant or other standard the reliability coordinator considers necessary;

2°  an evaluation of the relevance and impact of the standards filed; and

3°  particulars identifying every entity described in section 85.3.

2006, c. 46, s. 48; 2010, c. 8, s. 3.

85.7. The Régie may request the reliability coordinator to modify a standard filed or submit a new one, on the conditions it sets. It shall adopt reliability standards and set the date of their coming into force.

The reliability standards may

1°  subject to section 85.10, provide for a schedule of sanctions, including financial penalties, that apply if standards are not complied with; and

2°  refer to reliability standards set by a standardization agency that has entered into an agreement.

2006, c. 46, s. 48.

85.8. The reliability coordinator shall submit to the Régie a guide describing criteria to be taken into account in determining the sanction for non-compliance with a reliability standard.

2006, c. 46, s. 48.

85.9. If a body mandated by the Régie under an agreement referred to in section 85.4 considers that an entity subject to a reliability standard does not comply with the standard, the body must give the entity at least 20 days to submit observations. The body shall then report to the Régie on its findings and may recommend the application of a sanction.

2006, c. 46, s. 48.

85.10. After giving the entity referred to in section 85.9 the opportunity to be heard, the Régie shall determine if it has failed to comply with a reliability standard, impose, if appropriate, a sanction that may not exceed $500,000 a day, and set a deadline for payment.

A sanction referred to in the first paragraph may include a letter of reprimand to be made public in an appropriate manner or conditions for carrying on certain activities, set by the Régie.

2006, c. 46, s. 48.

85.11. The financial penalties collected by the Régie for the purpose of ensuring the reliability of electric power transmission must be deposited in a separate account.

2006, c. 46, s. 48.

85.12. The Régie may, on the conditions it sets, order an entity that fails to comply with a reliability standard to implement a compliance plan within the time limit the Régie may specify.

2006, c. 46, s. 48; 2010, c. 8, s. 4.

85.12.1. If an inspection or an inquiry reveals that an entity is in non-compliance with a reliability standard and is thus seriously compromising the reliability of electric power transmission, the Régie may order that measures be taken, at once or within the time it specifies, in order to correct the situation.

2010, c. 8, s. 5.

85.13. The reliability coordinator

1°  must submit to the Régie, for approval, a register identifying the entities that are subject to the reliability standards adopted by the Régie;

2°  shall fulfil the duties devolved to the reliability coordinator under a reliability standard adopted by the Régie; and

3°  may, under a standard adopted by the Régie, provide operating directives.

2006, c. 46, s. 48; 2010, c. 8, s. 6.

DIVISION II ELECTRIC POWER TRANSMISSION SERVICE CONTRACTS

2006, c. 46, s. 48.

85.14. For the purposes of this division, “auxiliary carrier” means the owner or operator of an electric power transmission system or a facility with a capacity of 44 kV or more, connected to the electric power carrier’s transmission system and capable of providing transmission services to a third party.

2006, c. 46, s. 48.

85.15. At the request of the electric power carrier, an auxiliary carrier must negotiate the terms of an electric power transmission service contract with the carrier.

The contract must be submitted to the Régie for approval.

2006, c. 46, s. 48.

85.16. Failing an agreement between the electric power carrier and the auxiliary carrier, one of the interested parties may request the Régie to fix the terms of an electric power transmission service contract.

2006, c. 46, s. 48.

85.17. If the Régie decides not to approve an electric power transmission service contract or if one of the interested parties makes a request under section 85.16, the Régie fixes the contract terms it deems fair and reasonable.

In establishing the costs the auxiliary carrier is entitled to recover, the Régie takes the first or the fourth paragraph of section 49, or both of those provisions, into account.

2006, c. 46, s. 48.

85.18. A decision rendered under section 85.17 is enforceable on the date specified in the decision and binds the parties until, at the request of one of the parties and after giving any client concerned the opportunity to submit observations, the Régie considers it appropriate to terminate or amend its decision.

2006, c. 46, s. 48; 2025, c. 24, s. 75.

DIVISION III ACCESS TO ELECTRIC POWER TRANSMISSION FACILITIES

2006, c. 46, s. 48.

85.19. For the purposes of this division, “accessible carrier” means the owner or operator of a facility with a capacity of 44 kV or more, or the owner or operator of an electric power transmission system.

2006, c. 46, s. 48.

85.20. An application for connection to the facilities of an accessible carrier or of the electric power carrier must be submitted to the electric power carrier in accordance with its rates and conditions for the transmission service.

2006, c. 46, s. 48.

85.21. Following an application for connection, the electric power carrier, jointly with the accessible carrier, shall carry out an economic and financial analysis of the connection proposals and submit it to the Régie.

2006, c. 46, s. 48.

85.22. The electric power carrier must obtain the authorization required under section 73 from the Régie for the connection chosen.

2006, c. 46, s. 48.

85.23. If the connection authorized by the Régie involves a connection to the facilities of the accessible carrier, that carrier must ensure open access to the facilities and negotiate an agreement to that effect with the electric power carrier in compliance with Division II of this chapter.

2006, c. 46, s. 48.

CHAPTER VI.2

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

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

85.24. (Repealed).

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

85.25. (Repealed).

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

85.26. (Repealed).

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

85.27. (Repealed).

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

85.28. (Repealed).

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

85.29. (Repealed).

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

85.30. (Repealed).

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

85.31. (Repealed).

2006, c. 46, s. 48; 2007, c. 19, s. 2; 2011, c. 16, Sch. II, s. 51.

85.32. (Repealed).

2006, c. 46, s. 48; 2011, c. 16, Sch. II, s. 51.

CHAPTER VI.3

Repealed, 2013, c. 16, s. 177.

2006, c. 46, s. 48; 2009, c. 33, s. 3; 2013, c. 16, s. 177.

85.33. (Repealed).

2006, c. 46, s. 48; 2007, c. 19, s. 3; 2013, c. 16, s. 177.

85.34. (Repealed).

2006, c. 46, s. 48; 2007, c. 19, s. 4; 2013, c. 16, s. 177.

85.35. (Repealed).

2006, c. 46, s. 48; 2009, c. 33, s. 4; 2013, c. 16, s. 183.

85.36. (Repealed).

2006, c. 46, s. 48; 2009, c. 33, s. 5; 2013, c. 16, s. 183; 2013, c. 16, s. 177.

85.36.1. (Repealed).

2013, c. 16, s. 183; 2013, c. 16, s. 177.

85.36.2. (Repealed).

2013, c. 16, s. 183; 2013, c. 16, s. 177.

85.37. (Repealed).

2006, c. 46, s. 48; 2007, c. 19, s. 5; 2013, c. 16, s. 177.

85.38. (Repealed).

2006, c. 46, s. 48; 2009, c. 33, s. 6; 2011, c. 18, s. 283; 2013, c. 16, s. 177.

85.39. (Repealed).

2006, c. 46, s. 48; 2009, c. 33, s. 7; 2013, c. 16, s. 183; 2013, c. 16, s. 177.

CHAPTER VI.4 PROGRAMS AND MEASURES OF ENERGY DISTRIBUTORS

2016, c. 35, s. 1; 2024, c. 5, s. 27.

85.40. The terms and expressions defined in section 10.5 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) apply to this chapter.

2016, c. 35, s. 1; 2020, c. 19, s. 74; 2024, c. 5, s. 28.

85.41. The programs and measures for which the identified energy distributors are responsible under the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) as well as the financial investment necessary, by form of energy, for carrying out the programs and measures shall be submitted to the Régie, except the programs and measures and the financial investment of the electric power distributor. The Régie may approve them with or without amendment. The same holds for any amendment to the programs and measures.

When it approves a program or measure of an energy distributor and the latter’s financial investment, the Régie may make the amendments it considers necessary. The same applies when it approves a modification to these.

An approved or amended program, measure or financial investment comes into force on the date they are approved or on the date set by the Régie.

For the purposes of this section, the Régie shall consider, in particular, the policy directions, objectives and targets established by the integrated energy resource management plan referred to in section 14.2 of the Act respecting the Ministère de l’Économie, de l’Innovation et de l’Énergie (chapter M-14.1).

The Régie shall determine and calculate the annual contribution payable by an energy distributor in accordance with the regulation made under section 10.5 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs.

2016, c. 35, s. 1; 2020, c. 19, s. 75; 2024, c. 5, s. 29; 2025, c. 24, s. 76.

85.42. (Repealed).

2016, c. 35, s. 1; 2020, c. 19, s. 76.

85.43. (Repealed).

2016, c. 35, s. 1; 2020, c. 19, s. 76.

85.44. Not later than 31 March each year, every energy distributor must file a statement with the Régie specifying, if applicable, 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; and

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 included in the definition of “fuel distributor” in section 10.5 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001).

2016, c. 35, s. 1; 2020, c. 19, s. 77; 2024, c. 5, s. 30.

CHAPTER VII EXAMINATION OF COMPLAINTS

1996, c. 61, c. VII; 2025, c. 24, s. 77.

DIVISION I SCOPE

86. Complaints concerning the application of a rate or a condition of service are subject to the provisions of this chapter.

1996, c. 61, s. 86; 2000, c. 22, s. 32; 2025, c. 24, s. 78.

DIVISION II EXAMINATION OF COMPLAINTS BY THE ELECTRIC POWER CARRIER OR A DISTRIBUTOR

2000, c. 22, s. 33.

87. A complaint examination procedure shall be established by the electric power carrier and by every distributor.

The procedure must be submitted to the Régie for approval.

1996, c. 61, s. 87; 2000, c. 22, s. 34.

88. The electric power carrier and every distributor shall, within the time fixed by the Régie, publish the procedure in at least two newspapers distributed in the territory served by the electric power carrier or the distributor, specifying the place where complaints may be filed.

1996, c. 61, s. 88; 2000, c. 22, s. 35.

89. Once a year, the electric power carrier and every distributor shall send to their customers a pamphlet describing the procedure and indicating that a proceeding may be brought before the Régie as provided in Division III.

1996, c. 61, s. 89; 2000, c. 22, s. 36.

90. The electric power carrier or the distributor shall assist complainants who so request in formulating their complaint. The electric power carrier or the distributor shall give complainants an opportunity to present observations.

The electric power carrier or the distributor shall dismiss, on summary examination, any clearly unfounded or vexatious complaint.

1996, c. 61, s. 90; 2000, c. 22, s. 37.

91. The decision must be in writing and be notified to the complainant within 60 days or within any other period of time approved by the Régie. It must include the reasons therefor and indicate that a proceeding may be brought before the Régie as provided in Division III.

1996, c. 61, s. 91.

92. The electric power carrier or the distributor may review its decision.

1996, c. 61, s. 92; 2000, c. 22, s. 36.

93. If the electric power carrier or the distributor fails to forward the decision within the allotted time, the electric power carrier or the distributor is deemed to have forwarded a negative decision to the complainant on the day of expiry of that time.

1996, c. 61, s. 93; 2000, c. 22, s. 36.

DIVISION III PROCEEDING BEFORE THE RÉGIE

94. Within 30 days of the date on which the decision of the electric power carrier or the distributor is forwarded or deemed to have been forwarded, the complainant, if he disagrees with the decision, may apply to the Régie for the examination of the complaint.

The Régie may, however, examine a complaint filed after the expiry of the time fixed under the first paragraph if the complainant was unable, for serious and valid reasons, to act sooner and if no grave injury to the electric power carrier or the distributor results therefrom.

1996, c. 61, s. 94; 2000, c. 22, s. 38.

95. The complaint, including the reasons therefor, must be submitted to the Régie in writing, together with the decision, if any.

The secretary of the Régie shall forward a copy of the complaint to the electric power carrier or to the distributor concerned.

1996, c. 61, s. 95; 2000, c. 22, s. 39.

96. (Repealed).

1996, c. 61, s. 96; 2025, c. 24, s. 79.

97. Within 15 days of receiving a copy of the complaint, the electric power carrier or the distributor shall forward to the secretary of the Régie the in-house examination file concerning the complaint.

The complainant may consult the file at the office of the electric power carrier or the distributor where he filed the complaint or at the office of the Régie. The complainant may, on payment of the reproduction costs, obtain a copy of the file.

1996, c. 61, s. 97; 2000, c. 22, s. 40.

98. When examining a complaint, the Régie shall ascertain whether the application of the rates and the conditions of service has been complied with by the electric power carrier or the distributor.

1996, c. 61, s. 98; 1997, c. 93, s. 176; 2000, c. 22, s. 41; 2025, c. 24, s. 80.

99. The Régie may refuse or cease to examine a complaint

1°  if the Régie has reasonable grounds to believe that the complaint is unfounded, vexatious or in bad faith or that an intervention on its part would serve no useful purpose;

2°  if more than one year has elapsed since the complainant became aware of the facts on which his complaint is based, unless the delay is justified by exceptional circumstances.

If the Régie refuses or ceases to examine a complaint, it shall inform the complainant and the electric power carrier or the distributor in writing of the reasons for such decision.

1996, c. 61, s. 99; 2000, c. 22, s. 42.

100. A person must furnish to the Régie any information required by the Régie for the examination of a complaint and must attend any meeting to which he is called.

1996, c. 61, s. 100.

100.0.1. Subject to section 99, within 15 days after receiving the in-house examination file for the complaint referred to in section 97, the Régie shall call the complainant and the electric power carrier or the distributor to a conference.

The purpose of the conference is to

1°  plan the conduct of the examination of the complaint;

2°  examine any matter that may simplify or accelerate the examination of the complaint; and

3°  formally invite the parties to enter into mediation to resolve the complaint.

Within 15 days after the conference, the complainant and the electric power carrier or the distributor shall inform the Régie in writing of their willingness or unwillingness to enter into mediation and, in the latter case, give the reasons.

The reasons given by the electric power carrier or the distributor to justify its unwillingness to enter into mediation shall be made public by the Régie.

2016, c. 35, s. 11.

100.1. If the complainant and the electric power carrier or the distributor agree to enter into mediation, the Régie shall suspend the examination of the complaint for a period not exceeding 30 days to allow the mediation to be held. The Régie may extend that period, or allow mediation to resume after the expiry of that period, with the parties’ consent.

The Régie shall designate a mediator from among its commissioners or the members of its personnel. It may also select any other person as mediator, with the parties’ consent. The mediator helps the parties to engage in dialogue, clarify their views, define the complaint, identify their needs and interests, explore solutions and reach, if possible, a mutually satisfactory agreement.

Any agreement shall be evidenced in writing and signed by the mediator, the complainant and the electric power carrier or the distributor. The agreement is binding on the parties.

2000, c. 22, s. 43; 2016, c. 35, s. 12.

100.2. Unless the complainant and the electric power carrier or the distributor consent thereto, nothing said or written during a mediation session is admissible as evidence in a court of justice or before the Régie. The parties shall be so informed by the Régie.

2000, c. 22, s. 43; 2016, c. 35, s. 13.

100.3. The mediator may not be compelled to disclose anything revealed or learned or to produce any document prepared or obtained in the exercise of mediation functions before a court of justice or before any other authority.

Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person may have access to any document contained in the mediation record.

2000, c. 22, s. 43; 2016, c. 35, s. 14.

101. If the Régie determines that a complaint is valid, it shall order the electric power carrier or the distributor to implement, within the time fixed by the Régie, measures determined by the Régie concerning the application of the rates or conditions; the Régie may also determine the date on which such measures are to be implemented.

1996, c. 61, s. 101; 2000, c. 22, s. 44.

CHAPTER VIII FINANCIAL PROVISIONS

102. Every distributor and every owner or operator referred to in paragraph 2 of section 85.3 shall pay to the Régie an annual duty at the rate and according to the terms and conditions prescribed by regulation of the Government.

The electric power carrier shall pay to the Régie an annual duty at the rate and according to the terms and conditions prescribed by regulation of the Government.

This section applies to Hydro-Québec notwithstanding section 16 of the Hydro-Québec Act (chapter H-5).

1996, c. 61, s. 102; 2000, c. 22, s. 45; 2006, c. 46, s. 49; 2011, c. 16, Sch. II, s. 52; 2013, c. 16, s. 178.

103. The Régie shall collect the fees prescribed by regulation of the Government for the examination of applications according to the prescribed terms and conditions.

1996, c. 61, s. 103; 2000, c. 22, s. 46.

104. The examination and registration fees and the duties paid to the Régie form part of its revenues.

1996, c. 61, s. 104; 2000, c. 22, s. 47.

105. The duties and fees shall be deposited, as they are collected, in a bank or with a financial services cooperative governed by the Act respecting financial services cooperatives (chapter C-67.3).

1996, c. 61, s. 105; 2000, c. 29, s. 668.

105.1. The Government may, on the terms and conditions it determines, authorize the Minister of Finance to advance to the Régie any amount considered necessary for the pursuit of its objects.

The sums required shall be taken out of the Consolidated Revenue Fund.

1997, c. 55, s. 32.

106. (Repealed).

1996, c. 61, s. 106; 2020, c. 5, s. 141.

107. There may be no accumulated deficit in any fiscal year.

Any amount by which revenues exceed expenditures in a fiscal year shall be carried over to the subsequent annual budget.

1996, c. 61, s. 107; 2000, c. 22, s. 48.

108. The Régie shall keep separate accounts for the electric power carrier and for each distributor.

1996, c. 61, s. 108; 2000, c. 22, s. 49.

109. The books and accounts of the Régie shall be audited by the Auditor General annually and whenever so ordered by the Government.

1996, c. 61, s. 109.

CHAPTER IX ECONOMIC, SOCIAL AND ENVIRONMENTAL CONCERNS AND DIRECTIVES AND REGULATIONS

1996, c. 61, c. IX; 2025, c. 24, s. 81.

DIVISION 0.1 ECONOMIC, SOCIAL AND ENVIRONMENTAL CONCERNS

2025, c. 24, s. 82.

109.1. The Government may indicate to the Régie the economic, social and environmental concerns that the Régie must consider in any decision it makes under the law.

2025, c. 24, s. 82.

DIVISION I DIRECTIVES

110. The Minister may issue directives concerning the general policy and objectives to be pursued by the Régie.

1996, c. 61, s. 110.

111. The directives of the Minister must be approved by the Government and shall come into force on the day of their approval. Once approved, the directives are binding upon the Régie which shall comply therewith.

Every directive shall be tabled in the National Assembly within 15 days of its approval by the Government or, if the Assembly is not in session, within 15 days of resumption.

1996, c. 61, s. 111.

DIVISION II REGULATIONS

112. The Government may make regulations determining

1°  the registration fees and the rates of the duty payable each year to the Régie by the electric power carrier, by an owner or operator referred to in paragraph 2 of section 85.3 or by a distributor as well as the terms and conditions of payment, the rate of interest on sums due and the penalties exacted for failure to pay;

2°  the fees payable for the examination of an application submitted to the Régie;

2.1°  the cases, other than those referred to in the second paragraph of section 76, in which and conditions on which a holder must apply for the authorization of the Minister to distribute electric power;

2.2°  the cases in which the holder is not required to obtain an authorization under the second paragraph of section 76;

2.3°  the additional information that must be made available by the electric power carrier under section 85.1.2, which may vary according to the zones or installations that form part of the electric power transmission system or which may concern projected capabilities, as well as the manner and intervals according to which the information referred to in section 85.1.2 is to be made available;

2.4°  (subparagraph replaced);

3°  the provisions of a regulation under this section or section 114 the contravention of which constitutes an offence;

4°  what constitutes renewable natural gas or gas from renewable sources for the purposes of this Act;

5°  the quantity of gas from renewable sources that is to be distributed by a natural gas distributor and the terms and conditions according to which it is to be distributed, which may vary according to the quantity of natural gas distributed by the distributor or according to classes of consumers;

The fees, rates and terms and conditions referred to in subparagraphs 1 and 2 of the first paragraph may vary, in particular, according to the electric power carrier, the classes of owners or operators referred to in paragraph 2 of section 85.3, or the distributors or the classes of distributors or clients. A regulation hereunder may also exclude the electric power carrier, a class of owners or operators referred to in paragraph 2 of section 85.3, a distributor or a class of distributors or clients and it may exclude a petroleum products distributor on the basis of the volume of gasoline or diesel fuel intended for Québec markets that the distributor refines in Québec, trades with a refiner in Québec or brings into Québec.

The amount of the penalty the Government may determine under subparagraph 1 of the first paragraph may not exceed 15% of the amount that should have been paid.

1996, c. 61, s. 112; 2000, c. 22, s. 50; 2001, c. 16, s. 3; 2000, c. 22, s. 50; 2006, c. 46, s. 50; 2010, c. 8, s. 7; 2011, c. 16, Sch. II, s. 53; 2013, c. 16, s. 179; 2016, c. 35, s. 15; 2021, c. 28, s. 8; 2023, c. 1, s. 8; 2025, c. 24, s. 83.

The following provisions are not in force:

in subparagraph 1 of the first paragraph, the words “the registration fees and”.

The above provisions will come into force on the date or dates to be fixed by the Government (2000, c. 22, s. 70).

113. The Régie may adopt rules of procedure applicable to the examination of applications, mediation, public information and consultation sessions or public hearings.

The Régie may also adopt rules of procedure applicable to claims for costs by persons whose participation in Régie proceedings is considered useful by the Régie in accordance with section 35.1, in particular as regards

1°  (subparagraph repealed);

2°  (subparagraph repealed);

3°  the criteria for the examination of claims for costs; and

4°  admissible costs.

The Régie must, at the request of an interested person and where circumstances so warrant, establish special rules of procedure applicable to the examination of an application. Such rules may, in particular to ensure promptness and efficiency in the decision-making process, prescribe time limits concerning the presentation of participants’ observations and arguments. In addition, the rules may derogate from the rules of procedure adopted under the first paragraph.

1996, c. 61, s. 113; 2016, c. 35, s. 16; 2025, c. 24, s. 84.

114. The Régie may make regulations determining

1°  operating standards and technical requirements to be met by the electric power distributor or by natural gas distributors;

2°  standards concerning the maintenance of an electric power or natural gas distribution system;

3°  (subparagraph repealed);

4°  (subparagraph repealed);

5°  the documents required for the examination of an application;

6°  the cases in which an operation referred to in section 73 requires an authorization and the applicable conditions;

7°  the form and tenor of a supply plan, and the intervals at which such a plan is to be submitted;

8°  the conditions under which and the cases in which a supply contract entered into by the electric power distributor must be approved by the Régie;

9°  the cases in which and conditions on which the electric power distributor must apply to the Régie for authorization of an electric power supply contract; and

10°  (subparagraph repealed);

11°  (subparagraph repealed).

The standards, documents, conditions and cases, and the tenor and intervals referred to in subparagraphs 1, 2, and 5 to 8 of the first paragraph may vary, in particular, according to the electric power carrier, the distributors or the classes of distributors. A regulation hereunder may also exclude the electric power carrier, a distributor or a class of distributors.

The sums to be repaid to a distributor are paid by the Minister of Sustainable Development, Environment and Parks. The surplus so paid may be taken out of the Consolidated Revenue Fund and debited from the Electrification and Climate Change Fund.

It is incumbent upon the Régie de l’énergie to determine the sums to be repaid to a distributor.

The sums to be repaid bear interest at the rate set under the second paragraph of section 28 of the Tax Administration Act (chapter A-6.002) as long as they stand to the credit of the Electrification and Climate Change Fund. Interest is capitalized monthly.

1996, c. 61, s. 114; 2000, c. 22, s. 51; 2006, c. 46, s. 51; 2011, c. 16, Sch. II, s. 54; 2013, c. 16, s. 183; 2013, c. 16, s. 180; 2016, c. 35, s. 78; 2020, c. 19, ss. 30 and 78; 2025, c. 24, s. 85.

115. The rules of procedure and regulations made by the Régie, other than those referred to in the third paragraph of section 113, must be submitted to the Government, which may approve them with or without amendments.

1996, c. 61, s. 115; 2006, c. 46, s. 52; 2025, c. 24, s. 86.

CHAPTER X PENAL PROVISIONS

116. Whoever contravenes any of the provisions of the second paragraph of section 56 and sections 61, 71 and 80 or any decision or order of the Régie is liable to a fine of $2,000 to $4,000 for the first offence and of $5,000 to $50,000 for every subsequent offence.

Moreover,

1°  the electric power carrier or distributor, a natural gas distributor or a storage licence holder, if it contravenes the first paragraph of section 53;

2°  the holder of exclusive electric power or natural gas distribution rights, if it contravenes section 72,

2.1°  the electric power carrier or any distributor that contravenes the first paragraph of section 73 or section 87;

3°  the electric power carrier or an owner or operator referred to in section 85.14, if it contravenes section 73.1,

4°  a natural gas distributor, if it contravenes the first paragraph of section 74,

5°  the electric power distributor, if it contravenes the second paragraph of section 74.1,

6°  a natural gas distributor, if it contravenes section 81; or

7°  the electric power carrier, if it contravenes section 85.1.1, the first paragraph of section 85.1.2 or section 85.1.3.

is liable to the penalties prescribed in the first paragraph.

1996, c. 61, s. 116; 2000, c. 22, s. 52; 2006, c. 46, s. 53; 2011, c. 16, Sch. II, s. 55; 2019, c. 27, s. 15; 2025, c. 24, s. 87.

Insofar as concerns the subparagraph 7 of the second paragraph of this section, see 2025, c. 24, s. 193 (2).

117. The electric power carrier and a holder of exclusive electric power or natural gas distribution rights, if it contravenes a regulatory provision determined under subparagraph 3 of the first paragraph of section 112 or whoever contravenes any of the provisions of sections 46 and 47 is liable to a fine of $1,000 to $2,000 for the first offence and of $2,000 to $5,000 for every subsequent offence.

The electric power carrier or any natural gas distributor, if it fails to submit the report referred to in section 75 or 75.0.1 or produces false information in that report, is liable to the penalties prescribed in the first paragraph.

The electric power distributor, if it fails to send the Régie the information referred to in Schedule II or sends false information, is liable to the penalties prescribed in the first paragraph.

A distributor is liable to the penalties prescribed in the first paragraph if it fails to file a registration statement under section 85.1 or if it provides false information in a registration statement.

1996, c. 61, s. 117; 2000, c. 22, s. 53; 2006, c. 46, s. 54; 2011, c. 16, Sch. II, s. 56; 2013, c. 16, s. 183; 2013, c. 16, s. 181, s. 183; 2019, c. 27, s. 16; 2025, c. 24, s. 88.

CHAPTER XI AMENDING PROVISIONS

ACT RESPECTING THE EXAMINATION OF COMPLAINTS FROM CUSTOMERS OF ELECTRICITY DISTRIBUTORS

118. (Omitted).

1996, c. 61, s. 118.

ACT RESPECTING THE EXPORTATION OF ELECTRIC POWER

119. (Amendment integrated into c. E-23, s. 6).

1996, c. 61, s. 119.

120. (Amendment integrated into c. E-23, s. 6.1).

1996, c. 61, s. 120.

HYDRO-QUÉBEC ACT

121. (Amendment integrated into c. H-5, s. 1).

1996, c. 61, s. 121.

122. (Amendment integrated into c. H-5, s. 21.3).

1996, c. 61, s. 122.

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

1996, c. 61, s. 123.

124. (Omitted).

1996, c. 61, s. 124.

125. (Amendment integrated into c. H-5, s. 26).

1996, c. 61, s. 125.

126. (Repealed).

1996, c. 61, s. 126; 2000, c. 22, s. 54.

127. (Amendment integrated into c. H-5, s. 30).

1996, c. 61, s. 127.

CONSUMER PROTECTION ACT

128. (Amendment integrated into c. P-40.1, s. 5).

1996, c. 61, s. 128.

ACT RESPECTING THE RÉGIE DU GAZ NATUREL

129. (Omitted).

1996, c. 61, s. 129.

ACT RESPECTING THE PROCESS OF NEGOTIATION OF THE COLLECTIVE AGREEMENTS IN THE PUBLIC AND PARAPUBLIC SECTORS

130. (Amendment integrated into c. R-8.2, Schedule C).

1996, c. 61, s. 130.

ACT RESPECTING THE CIVIL SERVICE SUPERANNUATION PLAN

131. (Amendment integrated into c. R-12, Schedule I).

1996, c. 61, s. 131.

ACT RESPECTING MUNICIPAL AND PRIVATE ELECTRIC POWER SYSTEMS

132. (Amendment integrated into c. S-41, s. 2).

1996, c. 61, s. 132.

133. (Amendment integrated into c. S-41, s. 8).

1996, c. 61, s. 133.

134. (Amendment integrated into c. S-41, s. 16).

1996, c. 61, s. 134.

135. (Omitted).

1996, c. 61, s. 135.

136. (Amendment integrated into c. S-41, s. 17.1).

1996, c. 61, s. 136.

ACT RESPECTING THE USE OF PETROLEUM PRODUCTS

137. (Amendment integrated into c. U-1.1, s. 1).

1996, c. 61, s. 137.

138. (Omitted).

1996, c. 61, s. 138.

139. (Amendment integrated into c. U-1.1, s. 45.1).

1996, c. 61, s. 139.

140. (Amendment integrated into c. U-1.1, s. 65).

1996, c. 61, s. 140.

141. (Amendment integrated into c. U-1.1, s. 77).

1996, c. 61, s. 141.

ACT RESPECTING NORTHERN VILLAGES AND THE KATIVIK REGIONAL GOVERNMENT

142. (Amendment integrated into c. V-6.1, s. 190).

1996, c. 61, s. 142.

143. (Omitted).

1996, c. 61, s. 143.

144. (Omitted).

1996, c. 61, s. 144.

145. (Omitted).

1996, c. 61, s. 145.

146. (Omitted).

1996, c. 61, s. 146.

CHAPTER XII TRANSITIONAL AND FINAL PROVISIONS

147. The term of office of the commissioners of the Régie du gaz naturel shall end on 2 June 1997. The term of office of the Commissioner appointed under the Act respecting the examination of complaints from customers of electricity distributors (chapter E-17.1) shall end on 11 February 1998.

However, the commissioners of the Régie may, notwithstanding the expiry of their term, continue to examine and decide applications having been referred to them. They shall, in that case, be remunerated at an hourly rate determined on the basis of their annual salary.

1996, c. 61, s. 147.

148. Notwithstanding the first paragraph of section 10, the term of office of the first commissioners of the Régie appointed by the Government is three years as regards two of them, four years as regards two others and five years as regards the remaining three.

1996, c. 61, s. 148.

149. The employees of the Régie du gaz naturel and those placed at the disposal of the Commissioner appointed under the Act respecting the examination of complaints from customers of electricity distributors (chapter E-17.1) shall become employees of the Régie de l’énergie to the extent determined by the Government.

Such employees shall hold the positions and exercise the functions assigned to them by the Régie.

1996, c. 61, s. 149.

150. Any person in the employ of the Régie may apply for a transfer to a position in the civil service or enter a promotion selection process in accordance with the Public Service Act (chapter F-3.1.1) if, on 15 October 1997, the person was an employee with permanent tenure governed by the Public Service Act or if the person’s transfer or appointment to the Régie occurred within the 12 months following that date.

1996, c. 61, s. 150; 2013, c. 25, s. 34; 2021, c. 11, s. 49.

151. Section 35 of the Public Service Act (chapter F-3.1.1) applies to any employee of the Régie referred to in section 150 who enters a promotion selection process to a position in the public service.

1996, c. 61, s. 151; 2013, c. 25, s. 34; 2021, c. 11, s. 49.

152. Where an employee of the Régie referred to in section 150 applies for a transfer or enters a promotion selection process, the employee may require the chairman of the Conseil du trésor to give him an assessment of the classification that would be assigned to him in the public service. The assessment must take account of the classification that the employee had in the public service on the date on which he ceased to be a public servant, as well as the years of experience and the formal training acquired in the course of his employment with the Régie.

Where an employee of the Régie is transferred pursuant to the first paragraph, the deputy minister or chief executive officer shall assign to him a classification compatible with the assessment obtained under the first paragraph.

Where an employee of the Régie is promoted pursuant to section 151, his classification must take account of the criteria set out in the first paragraph.

1996, c. 61, s. 152; 2013, c. 25, s. 34; 2021, c. 11, s. 49.

153. In some or all of the activities of the Régie are discontinued or if there is a shortage of work, any employee of the Régie referred to in section 150 is entitled to be placed on reserve in the public service with the classification he had on the date on which he ceased to be a public servant.

In such a case, the chairman of the Conseil du trésor shall, where applicable, establish his classification on the basis of the criteria set out in the first paragraph of section 152.

1996, c. 61, s. 153.

154. An employee placed on reserve pursuant to section 153 shall remain in the employ of the Régie until the chairman of the Conseil du trésor can assign him a position.

1996, c. 61, s. 154.

155. Subject to the remedies available under a collective agreement, any employee of the Régie referred to in section 150 who is removed from office or dismissed may bring an appeal under section 33 of the Public Service Act (chapter F-3.1.1).

1996, c. 61, s. 155.

156. The associations of employees certified in accordance with the provisions of Chapter IV of the Public Service Act (chapter F-3.1.1) which represented groups of employees on the date of the transfer or appointment of employees referred to in section 150 shall continue to represent those employees at the Régie de l’énergie until the expiry of the collective agreements in force at the time of the transfer or appointment.

Such associations of employees shall also represent the other employees of the Régie, according to the group to which they belong, until the expiry of the collective agreements referred to in the first paragraph.

The provisions of such collective agreements shall continue to apply to the employees of the Régie to the extent that they are applicable to them, until their date of expiry.

However, the provisions of such collective agreements concerning job security shall not apply to the employees referred to in the second paragraph.

1996, c. 61, s. 156.

157. (Omitted).

1996, c. 61, s. 157.

158. In all Acts and statutory instruments, every reference to a provision of the Act respecting the Régie du gaz naturel (chapter R-8.02) shall be a reference to the corresponding provision of this Act.

1996, c. 61, s. 158.

159. Every decision, order, regulation and resolution of the Régie du gaz naturel in any matter governed by this Act shall retain their effect until they are repealed, amended or replaced by a decision, order, regulation or resolution under this Act.

The same applies to a regulation made by the Government under paragraph 1 of section 67 of the Act respecting the Régie du gaz naturel (chapter R-8.02).

1996, c. 61, s. 159; 1997, c. 55, s. 33.

160. Proceedings instituted before the Commissioner appointed under the Act respecting the examination of complaints from customers of electricity distributors (chapter E-17.1) in any matter governed by Chapter VII shall be continued before the Régie de l’énergie, without further formality and according to the provisions of this Act.

1996, c. 61, s. 160.

161. The Régie shall become, without continuance of suit, a party to any proceeding instituted by or against the Régie du gaz naturel.

1996, c. 61, s. 161.

162. Proceedings instituted before the Régie du gaz naturel in any matter governed by this Act shall be continued before the Régie de l’énergie, without further formality and according to the provisions of this Act.

1996, c. 61, s. 162.

163. (Repealed).

1996, c. 61, s. 163; 1997, c. 83, s. 42.

164. Regulations and contracts made under section 22.0.1 of the Hydro-Québec Act (chapter H-5) before 2 May 1998 shall retain their effect until they are repealed, amended or replaced by a regulation, contract, decision or order under this Act.

1996, c. 61, s. 164.

164.1. For the purposes of subparagraph 1 of the first paragraph of section 49 and section 52.3, assets in operation and entered in the accounting records of the electric power carrier or distributor on or before 16 June 2000, those entered therein between that date and (insert here the date of coming into force of the first regulation under subparagraph 1 of the first paragraph of section 73), assets the construction of which is authorized or exempted from authorization by law or by the Government as provided by law on or before 16 June 2000 and assets the construction of which is authorized or exempted from authorization by the Government as provided by law between that date and (insert here the date of coming into force of the first regulation under subparagraph 1 of the first paragraph of section 73) are deemed to be prudently acquired and useful for the operation of an electric power transmission or distribution system.

Moreover, any expenditures arising from transmission service contracts or distribution service contracts entered into before 16 June 2000 are deemed to be necessary for the provision of the service.

2000, c. 22, s. 55.

165. The Government may, until 2 May 1998, fix or modify a rate for the supply of electric power by Hydro-Québec by adjusting the rates then in effect by not more than the average variation in the annual Consumer Price Index for Canada for the 12 months of the preceding year in relation to such Index for the 12 months of the year preceding that year.

The Consumer Price Index for Canada is that published by Statistics Canada under the Statistics Act (Revised Statutes of Canada, 1985, chapter S-19).

1996, c. 61, s. 165.

166. The records and documents of the Régie du gaz naturel shall become, without further formality, the records and documents of the Régie de l’énergie.

1996, c. 61, s. 166.

167. At the request of the Government and according to the parameters it determines, the Régie shall, on the proposal of the electric power distributor, fix the conditions of a pilot project to enable consumers or a class of consumers the Régie designates in accordance with the rules of the project to be supplied electric power by a supplier of their choice. The Régie shall then adjust the rate of the electric power distributor in accordance with the conditions of the pilot project.

1996, c. 61, s. 167; 2000, c. 22, s. 56.

167.1. Despite the first paragraph of section 60 and section 61 of this Act, Rio Tinto Alcan inc. and Société en commandite hydroélectrique Manicouagan may distribute electric power to any person or partnership to whom or which they are distributing electric power on 6 June 2025 and, where the Government authorizes it, to any other person or partnership that requests it and that is not a domestic consumer. They are required

1°  before terminating that electric power distribution, to enter into an agreement with Hydro-Québec concerning the transfer of part or all of the consumer’s load;

2°  to distribute electric power at a price that does not entail a cost that is higher than the cost resulting from the rate set out in Schedule I to the Hydro-Québec Act (chapter H-5) for the electric power distributed by Hydro-Québec for an equivalent class of consumers; and

3°  to transmit to the Minister, not later than 1 June each year and for the period from 1 April to 31 March preceding that date, a report concerning their electric power supplies.

Despite the first paragraph of section 60 and section 61, any person or partnership other than Rio Tinto Alcan inc. and Société en commandite hydroélectrique Manicouagan that distributes electric power under the third paragraph of section 62 of this Act, as it reads on 6 June 2025, may distribute the electric power to any person or partnership until 7 June 2027. Not later than 7 September 2025, the person or partnership may apply to the Government for authorization to distribute electric power after 7 June 2027. The Government may authorize the distribution, on the conditions it determines. The authorization referred to in this paragraph is deemed to be granted under the third paragraph of section 60 of this Act.

Anyone that may distribute electric power under this section may be supplied that power by a person or partnership of which it holds control or with which it is affiliated within the meaning of sections 8 and 9 of the Securities Act (chapter V-1.1) or of which it holds control under a unanimous shareholder agreement or a partnership agreement, to the extent that that person’s or partnership’s production site is connected directly to its installations, including to an interconnection point of its system. That supply does not constitute electric power distribution within the meaning of this Act.

The Minister may require any information useful for the purposes of this section.

For the purposes of section 44, anyone that may distribute electric power under this section is deemed to be a distributor. In addition, it is liable to the same fines as those set out in the first paragraph of section 116 if it distributes electric power without being authorized to do so or if it contravenes a condition set out in this section or determined by the Government.

2025, c. 24, s. 89.

168. Not later than 2 June 2000, the Minister shall report to the Government on the effects and impact of this Act on the energy sector.

The report shall be tabled in the National Assembly within the 15 following days or, if the Assembly is not sitting, within 15 days of resumption.

1996, c. 61, s. 168.

169. Every year, the Régie shall report to the Minister on the evolution of the gasoline and diesel fuel retail markets, in particular the evolution of the different price components and the characteristics of the markets.

The report shall be tabled in the National Assembly if it is sitting or, if it is not in session, within 30 days of resumption.

1996, c. 61, s. 169; 2025, c. 24, s. 90.

170. The appropriations granted to the Régie du gaz naturel shall be transferred to the Régie de l’énergie to the extent determined by the Government.

1996, c. 61, s. 170.

171. The Minister of Economy, Innovation and Energy is responsible for the administration of this Act.

1996, c. 61, s. 171; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2025, c. 24, s. 91.

172. The Government may provide that a provision of this Act or the regulations comes into force on different dates according as it applies to electric power, to natural gas, to steam or to petroleum products.

1996, c. 61, s. 172.

173. (Omitted).

1996, c. 61, s. 173.

SCHEDULE I

(Repealed).

2000, c. 22, s. 57; 2010, c. 20, s. 66.

SCHEDULE II

(Section 75.1)

INFORMATION TO BE SENT BY THE ELECTRIC POWER DISTRIBUTOR

1. Developments in the competitiveness of electricity rates in large North American cities;

2. Record of customer complaints;

3. Developments regarding service quality indicators and update on promotional activities;

4. Report on the electricity distributor’s compliance with the Code of Conduct;

5. Update on the use of Interruptible Electricity Options and the Additional Electricity Option;

6. Update on costs relating to sales and purchases of fuel electricity and transmission services, and to load retention rates, retirement, unforeseen circumstances in off-grid systems, major outages, changes to accounting policies, and the demand response program for the business market;

7. Update on the neutralization use account – Review of useful lives;

8. Developments regarding the regulatory asset relating to any supply contract suspension agreement;

9. Update on dispositions of immovables;

10. Update on investment, specifying for each project

a)  the objectives of the project;

b)  a description of the project;

c)  a justification for the project in relation to its objectives;

d)  a detailed presentation of the costs associated with the project;

e)  the impact on rates; and

f)  the impact on the quality of the provision of the electric power distribution service;

10.1. Update on commercial programs;

11. Capitalization rates, cost and description of the electricity distributor’s debt;

12. Update on supply contracts;

13. Particulars concerning sources of supply, actual supply and demand and distribution loss rates;

14. (paragraph repealed);

15. List of and update on interventions and costs related to energy transition, innovation and efficiency;

16. Changes in the workforce, measured in full-time equivalent units;

17. History of sales, sales revenue, number of customer accounts and electricity consumption;

18. Number of kilometres of distribution lines by voltage level;

19. Table presenting the actual cross-subsidization indexes by class of consumers according to the methodology approved by the Régie de l’énergie for fixing the rates for the distribution of electric power provided for in section 48 of this Act, including the apportionment of the cost of heritage pool electricity; and

20. Summary of the public information sessions provided for in the second paragraph of section 75.1.

2019, c. 27, s. 17; 2020, c. 19, s. 79; 2025, c. 24, s. 92.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 61 of the statutes of 1996, in force on 1 March 1997, is repealed, except sections 143 to 146, 157 and 173, effective from the coming into force of chapter R-6.01 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 7, 9 to 30, subparagraphs 1, 2, 4 and 5 of the first paragraph as well as the second paragraph of section 31, sections 32 to 71, 73 to 75, 77 to 113, paragraphs 1 to 6 of section 114, sections 115 to 118, 122, 127 to 132, 134, 135, 137, 138, 140 to 142, 147 to 156, 158 to 162, 166, the first paragraph of section 167 and sections 168 to 171 of chapter 61 of the statutes of 1996, in force on 1 April 1998, are repealed effective from the coming into force of the updating to 1 April 1998 of chapter R-6.01 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), subparagraph 3 of the first paragraph of section 31, sections 72, 76, paragraph 7 of section 114, sections 119 to 121, 123 to 125, 133, 136 and 164 of chapter 61 of the statutes of 1996, in force on 1 April 1999, are repealed effective from the coming into force of the updating to 1 April 1999 of chapter R-6.01 of the Revised Statutes.