Montreal Condo Energy Disclosure 21‑042

The municipal energy disclosure by-law (21‑042) requires large buildings to monitor and report their annual energy and water consumption. If you administer a divided co-ownership in Montreal, you are probably wondering whether your syndicate is covered and how to proceed without adding to the day-to-day management workload. This article explains, in plain language, the applicability criteria, the roles of the board of directors (board) and the process for filing a compliant declaration.

Note — Information current as of 2026-07-25.

21‑042 in two minutes: the purpose of the by-law

By-law 21‑042 is intended to measure and compare the energy performance of buildings in order to reduce emissions and water consumption. In practical terms, buildings that meet certain floor-area thresholds must:

• record energy (electricity, gas and other sources) and water consumption annually;
• use a recognized benchmarking tool;
• submit a standardized declaration to the City by the prescribed deadline.

In a divided co-ownership, the building is a single entity: the syndicate reports the building’s performance, including the common portions and, depending on the metering configuration, certain aggregated data from the private portions.

Is your co-ownership covered?

Applicability criteria generally take into account the type of use (residential or mixed) and the gross floor area. In practice, here is a useful reference point for syndicates:

• Building located within the territory of the City of Montreal;
• Multiresidential use (condos) or mixed use that includes dwellings;
• Total building area reaching a threshold specified by the by-law;
• Consumption data available (common meters and, where necessary, aggregated data from the units).

Quick verification tip:

• Check the certificate of location, plans or the maintenance logbook/EUC for the total area;
• Check whether there are main meters for the common portions (electricity, gas and water);
• Make a list of the building’s and units’ energy suppliers (e.g. Hydro-Québec and Énergir) to confirm that aggregated data is available.

If you are unsure, ask your condominium manager or a professional to confirm whether the by-law applies, based on the municipality’s official by-law documents.

Roles of the syndicate and the board

The Civil Code of Quebec entrusts the syndicate with preserving the building and administering the common portions. Energy disclosure falls within these responsibilities. In practice, the board should:

• appoint a person responsible (manager, director or external firm);
• adopt a resolution authorizing the collection, aggregation and transmission of data;
• include in the common expenses budget the time and costs associated with compliance (tools and technical assistance);
• document the steps taken in the building file and in the minutes of the annual general meeting to ensure traceability;
• incorporate the benchmarking findings into preventive maintenance and contingency fund decisions.

Depending on your declaration of co-ownership (DCV) and the by-laws of the immovable, access to certain private portions may be required to read or verify meters. Provide reasonable notice and a transparent process, then keep the communications in the file.

For reference on the duties of the syndicate and the board, consult the Civil Code of Quebec on LégisQuébec:
Civil Code of Quebec (CCQ-1991)

What data should you gather, and what tools should you use?

Before the municipal deadline, collect:

• Electricity: invoices for the common portions and, where necessary, aggregated data from the units (with consent or through suppliers’ aggregation services);
• Natural gas and other energy sources: annual consumption by meter (kWh, m³, GJ, etc.);
• Water: readings from the main meter or sub-meters, if any;
• Occupancy and area: number of units, gross area and common spaces (pool, gym and heated parking) that may affect energy intensity.

The most common benchmarking tool is a specialized portal where you enter the area, occupancy and consumption data to produce an intensity indicator (e.g. kWh/m²/year) and a comparison report. The choice of tool is up to the syndicate; make sure it is accepted by the City and can generate the required declaration.

Best practices:

• Set an internal schedule (quarterly collection) to avoid a year-end rush;
• Standardize the naming of meters and files;
• Maintain an audit trail: sources, periods and corrections applied (breakdowns, leaks, vacant unit, etc.).

Steps for filing the declaration smoothly

1. Confirm whether the by-law applies
   Validate the building type and area. If the building has mixed use, separate the areas by use for benchmarking.

2. Set up governance
   Adopt a board resolution appointing the person responsible and authorizing access to the data. Specify that supporting evidence will be kept in the syndicate’s file.

3. Organize the basic data
   Create or update the meter inventory (common portions and, if required, unit aggregation). Record the exact billing periods.

4. Compile the reference year
   Enter consumption for a complete calendar year, or for the requested period, into the benchmarking tool. Note any exceptions (major work or meter failure).

5. Check quality and consistency
   Compare the energy intensity with similar buildings. If a major discrepancy appears, recheck the areas, climate factors and consumption data.

6. Generate and file the declaration
   Produce the report using the recognized tool and submit it through the channel provided by the City before the deadline. Keep the acknowledgement/reference email in the file.

7. Close the loop at the annual general meeting
   Present a summary to the co-owners: annual graphs, discrepancies and possible improvements. Attach the document to the minutes and align maintenance and investment priorities.

Risks, obligations and opportunities for your syndicate

• Compliance: failure to report may result in notices of non-compliance and municipal penalties. It is better to be proactive and keep impeccable documentation.
• Building management: disclosure informs board decisions, supports planning for the maintenance logbook/EUC and contingency fund, and helps control condo fees over the medium term.
• Resale value: a building’s energy performance may affect its appeal. Brokers and buyers are increasingly interested in energy and water costs.
• Preventive maintenance: detected anomalies (pumps, ventilation and building envelope) support targeted corrections instead of reactive interventions.

Useful supplementary resources:

• Co-ownership best practices: RGCQ
• General obligations of the syndicate (C.C.Q.): LégisQuébec — Civil Code
• Preventive building maintenance: RBQ
• Housing-related tax credits and measures: Revenu Québec
• Information on relevant declarations in real estate transactions: OACIQ

How to integrate 21‑042 into your regular management

• Add an “energy-water component” to your annual operations calendar;
• Align the common expenses budget cycle with the benchmarking findings;
• Document improvements (e.g. lighting replacement and optimization of mechanical schedules);
• Update the EUC/maintenance logbook and the priority intervention plan.

For structured support, see our operations management services: multiRent — Operations Management, as well as our administrative management offering (annual general meetings, minutes and regulatory follow-up): multiRent — Administrative Management. Also consult our blog for practical guides.

FAQ — Montreal Energy Disclosure (21‑042)

1) Is a mixed-use building (commercial + condos) covered?

Often yes, depending on the total area and the proportion of each use. The syndicate must allocate areas and consumption data by use in the benchmarking tool, then report in accordance with municipal requirements.

2) Who signs or submits the declaration for a divided co-ownership?

The syndicate acts through the person authorized by a board resolution (manager, director or appointed professional). Keep the resolution and acknowledgement of receipt in the file.

3) What should you do if some consumption data is missing?

Contact the suppliers to obtain aggregated data or duplicate invoices. Document any estimate permitted by the benchmarking tool, explain it in your notes and replace it with actual data as soon as possible.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

This article provides general information and does not replace advice from a tax professional or accountant. Refer to Revenu Québec and the CRA for the exact rules.

Do you manage a co-ownership in Quebec? Explore our plans or contact us to assess your needs.