Administration of the Act
Administration of the Act by the Autorité des marchés financiers
The Autorité des marchés financiers (the “Autorité”) has been entrusted with the task of administering the Act respecting transparency measures in the mining, oil and gas industries (the “Act”). Please visit the Autorité’s website if you wish to contact its Information Centre.
Every year, the Autorité submits a report to the Ministère de l’Énergie et des Ressources naturelles on its administration regarding of the Act. The Minister tables the report in the National Assembly.
Section 20 of the Act respecting transparency measures in the mining, oil and gas industries (CQLR, chapter M-11.5) allows for the imposition of administrative monetary penalties. The sanctions may be imposed by the Autorité on any entity who fails to respect the Act or its regulations in the cases and under the conditions prescribed therein. The section calls for the Autorité to develop and make public a General Framework for the application of monetary administrative penalties in connection with penal proceedings (“General Framework”).
The General Framework sets forth the directions and overall criteria guiding the application of the regime of monetary administrative penalties. However, the decision to impose such sanctions is at the discretion of the Autorité.