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

Article 167.1 Versions de la disposition

2025-06-07

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.