Are you subject to the Act?

The Act applies to every legal person, corporation, trust or other organization that meets one of the following three criteria:

  • it engages in exploration for or development of mineral substances or hydrocarbons;
  • it holds a permit, right, licence, lease or other authorization for either of those activities;
  • it controls a legal person, corporation, trust or organization that meets either of the aforementioned two criteria.

It must also meet one of the following requirements:

  • it is listed on a stock exchange in Canada and its head office is located in Québec;
  • it has an establishment in Québec, exercises activities there or has assets in Québec and, based on its consolidated financial statements, meets at least two of the following conditions for at least one of its two most recent fiscal years:
    • it has at least $20 million in assets;
    • it generates at least $40 million in revenue;
    • it employs, on average, at least 250 workers.

The enterprise forms mentioned in the Act should be interpreted in their broader sense, to encompass similar organizations constituted both in Québec and abroad. For example, general partnerships, business corporations, jointly-owned companies, limited partnerships and income trusts operating commercial enterprises are all subject to the Act.

Enterprises controlled by the State and organizations belonging to or controlled by foreign governments are also covered. However, natural persons and sole proprietorships are not.