GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Energy Administration Act — E-6 54
Distributing excess 54 (1) Where in any month gas that is purchased or otherwise acquired in or from its province of production is transported and resold by the purchaser thereof in any areas or zones in Canada outside its province of production or at any points of export from Canada, the purchaser shall, in respect of each such month, distribute to producers, in accordance with such regulations as the Governor in Council may make in that behalf, an amount equal to the excess of (a) the total revenues received by the purchaser for the gas so resold in that month over (b) the purchaser’s cost of service, as determined by the Commission of the Regulator, in respect of the gas so resold in that month, including the purchaser’s cost of gas. Idem (2) Where in any month gas that is purchased or otherwise acquired in or from its province of production is transported from that province for delivery in any areas or zones in Canada outside its province of production or at any points of export from Canada by a person other than its purchaser, the purchaser shall, in respect of each such month, distribute to producers, in accordance with such regulations as the Governor in Council may make in that behalf, an amount equal to the excess of (a) the total value, as determined by the Commission of the Regulator, of the purchaser’s gas delivered in that month in those areas or zones outside its province of production or at those points of export from Canada over (b) the purchaser’s cost, as determined by the Commission of the Regulator, in respect of the acquisition and transportation of that gas to its point of delivery in that month. Cost of gas (3) For the purposes of this section, the cost of gas shall be computed, if approved by the Commission of the Regulator, by using prices payable at the well-head to producers of gas or shall be computed by such other means as the Commission of the Regulator may prescribe. Determining other costs (4) In determining a purchaser’s cost of service for the purposes of subsection (1) or a purchaser’s cost in respect of the acquisition and transportation of gas for the purposes of subsection (2), the Commission of the Regulator is to be governed by the rules it applies in determining those costs for the purposes of making orders with respect to traffic, tolls or tariffs under Part 3 of the Canadian Energy Regulator Act . R.S., 1985, c. E-6, s. 54 2019, c. 28, s. 94 2019, c. 28, s. 95
Energy Administration Act — E-6 55
Administration 55 The Regulator shall administer this Part on behalf of the Minister and shall perform such other duties and functions as the Minister may assign to it. R.S., 1985, c. E-6, s. 55 2019, c. 28, s. 95
Energy Administration Act — E-6 56
Definitions 56 In this Part, domestic petroleum means petroleum from a natural reservoir in Canada and petroleum produced, extracted, recovered or manufactured in Canada otherwise than from a natural reservoir; ( pétrole domestique ) foreign petroleum means petroleum other than domestic petroleum; ( pétrole étranger ) import has the same meaning as it has for the purposes of the Customs Act ; ( importer ) petroleum means any hydrocarbon or mixture of hydrocarbons other than gas; ( pétrole ) petroleum product means a product that is designated as a petroleum product by regulations under paragraph 64(a). ( produit pétrolier ) R.S., 1985, c. E-6, s. 56; R.S., 1985, c. 1 (2nd Supp.), s. 213
Energy Administration Act — E-6
domestic petroleum means petroleum from a natural reservoir in Canada and petroleum produced, extracted, recovered or manufactured in Canada otherwise than from a natural reservoir; ( pétrole domestique )
Energy Administration Act — E-6
foreign petroleum means petroleum other than domestic petroleum; ( pétrole étranger )
Energy Administration Act — E-6
import has the same meaning as it has for the purposes of the Customs Act ; ( importer )
Energy Administration Act — E-6
petroleum means any hydrocarbon or mixture of hydrocarbons other than gas; ( pétrole )
Energy Administration Act — E-6
petroleum product means a product that is designated as a petroleum product by regulations under paragraph 64(a). ( produit pétrolier )
Energy Administration Act — E-6 57
Imposition of charge 57 (1) There shall be imposed, levied and collected on (a) each cubic metre of domestic petroleum received for processing or consumption in Canada, and (b) each cubic metre of foreign petroleum or petroleum product imported into Canada for processing, consumption, sale or other use in Canada, in any month or part of a month a charge in such amount not exceeding seventy-five dollars per cubic metre as may be prescribed in a tariff of charges for that month or part of a month made by order of the Governor in Council on the recommendation of the Minister and the Minister of Finance. Tariff of charges (2) A tariff of charges under subsection (1) may set out the charge applicable in respect of any or all of the various kinds or qualities of petroleum, or petroleum products, petroleum or petroleum products from any source, any or all destinations for petroleum or petroleum products and such other factors or circumstances as are specified in the tariff. 1980-81-82-83, c. 114, s. 31
Energy Administration Act — E-6 58
By whom charge payable 58 (1) A charge imposed under this Part is payable to the Minister by (a) the processor or consumer, as the case may be, in the case referred to in paragraph 57(1)(a); or (b) the importer, in the case referred to in paragraph 57(1)(b). Tariff continues (2) Where a tariff of charges on petroleum or petroleum products is prescribed in respect of any month or part of a month under subsection 57(1), that tariff of charges shall continue in respect of each subsequent month until changed pursuant to subsection 57(1) by order of the Governor in Council in respect of a subsequent month or part of a month. 1977-78, c. 24, s. 1; 1980-81-82-83, c. 114, s. 31
Energy Administration Act — E-6 59
Monthly return 59 (1) Every person required by this Part to pay a charge shall make each month a true return, in such form and containing such information as the regulations require, of his (a) receipt of domestic petroleum for processing or consumption in Canada, or (b) importation of foreign petroleum and petroleum products, or both, as the case may be, for the last preceding month. Date of filing and payment (2) The return required by this section shall be filed with the Minister and the charge payable shall be paid to him not later than the last day of the first month succeeding that in which (a) the domestic petroleum was received for processing or consumption in Canada, or (b) the foreign petroleum or petroleum product was imported, as the case may be. Penalty on default (3) On default in payment of the charge or any portion thereof payable under this Part within the time prescribed by subsection (2), there shall be paid in addition to the amount of the default a penalty equal to the greater of (a) one per cent of the amount of default, and (b) the percentage, if any, prescribed by regulations made under section 64, of the amount of default, in respect of each month or part of a month during which the default continues. Extension of time (4) The Minister may, before or after the day prescribed by subsection (2), specify in writing a later day for the filing of a return or the payment of the charge or any portion thereof and in that case, (a) no penalty shall accrue or shall be deemed to have accrued under subsection (3) prior to the later day in respect of default in payment of the charge or portion thereof for the payment of which the later day was specified; and (b) failure to pay, on or before the later day, the charge or portion thereof for the payment of which a later day was specified constitutes a default for the purposes of subsection (3). 1977-78, c. 24, s. 1; 1980-81-82-83, c. 114, s. 33
Energy Administration Act — E-6 60
Debts to Her Majesty 60 (1) All charges payable under this Part and any penalties payable in respect thereof are debts due to Her Majesty and recoverable as such in any court of competent jurisdiction. Recovery of charges and penalties (2) All charges and penalties payable under this Part may be recovered in the same manner as any amount payable under the Excise Tax Act and for that purpose sections 82 to 93 of that Act apply, with any modifications that the circumstances require, and any reference in those sections to the Minister of National Revenue shall be construed as a reference to the Minister of Natural Resources. R.S., 1985, c. E-6, s. 60; 1994, c. 41, s. 21; 1999, c. 17, s. 137
Energy Administration Act — E-6 61
Deductions and refunds 61 (1) A deduction from, or refund of, a charge or penalty imposed by this Part may be granted where an overpayment has been made or where the charge or penalty was paid in error. Payments (2) Where (a) petroleum or a petroleum product in respect of which charges imposed by this Part have been paid, or (b) a petroleum product that is derived from petroleum in respect of which charges imposed by this Part have been paid, is sent out of Canada by a person for use outside Canada, a payment may be made to that person in an amount not exceeding the charges paid. Application for deduction, etc. (3) No deduction from, refund of, or payment in respect of the charges imposed by this Part shall be granted or made unless application therefor is made in writing in accordance with regulations made under section 64 by the person entitled thereto within two years after the time when the deduction, refund or payment first became payable under this Part or any regulations made thereunder. Exemption or reduction (4) Where it is shown to the Governor in Council by the Minister that it is in the public interest to do so, the Governor in Council may, by order, conditionally or unconditionally, retroactively or prospectively, and either generally or in respect of a single transaction, (a) exempt any petroleum or petroleum product from the charge imposed thereon in respect of a month or part of a month under this Part; or (b) reduce any charge imposed in respect of any month or part of a month under this Part. 1977-78, c. 24, s. 1; 1980-81-82-83, c. 114, s. 35
Energy Administration Act — E-6 62
Records and books 62 (1) Every person required by or pursuant to this Part to pay any charges shall keep records and books of account at his place of business in Canada in such form and containing such information as will enable the amount of the charges or other sums that should have been paid or collected to be determined. Retention of records (2) Every person required by subsection (1) to keep records and books of account shall retain those records and books of account and every account and voucher necessary to verify the information contained therein until the expiration of six years from the end of the calendar year in respect of which those records and books of account are kept. Inspection (3) Every person required by subsection (1) to keep records and books of account shall, at all reasonable times, make the records and books of account and every account and voucher necessary to verify the information therein available to the Minister and other persons authorized by the Minister and give them every facility necessary to inspect the records, books, accounts and vouchers. R.S., 1985, c. E-6, s. 62; R.S., 1985, c. 1 (4th Supp.), s. 24
Energy Administration Act — E-6 63
Appeal 63 If any difference arises or any doubt exists as to whether a charge is payable or as to the amount of a charge that is payable on any petroleum or petroleum product, the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act may declare what amount of charge is payable on it, if any, and for that purpose sections 104 and 105 of the Excise Tax Act apply, with any modifications that the circumstances require, and any reference in those sections to the Commissioner of Revenue shall be construed as a reference to the Deputy Minister of Natural Resources. R.S., 1985, c. E-6, s. 63; R.S., 1985, c. 47 (4th Supp.), s. 52; 1994, c. 41, s. 22; 1999, c. 17, s. 138; 2005, c. 38, s. 140
Energy Administration Act — E-6 64
Regulations 64 The Governor in Council may, by regulation, (a) designate as a petroleum product any substance resulting from the processing or refining of hydrocarbons or coal if that substance (i) is asphalt or a lubricant, or (ii) is a suitable source of energy by itself or when it is combined or used in association with something else; (b) prescribe the form and content of the monthly return referred to in subsection 59(1); and (c) provide for such other matters or things as may be necessary to carry out the provisions of this Part. 1977-78, c. 24, s. 1; 1980-81-82-83, c. 114, s. 38
Energy Administration Act — E-6 65
Definitions 65 All words and expressions used in this Division have the same meanings as in Part V. R.S., 1985, c. E-6, s. 65; R.S., 1985, c. 7 (2nd Supp.), s. 71
Energy Administration Act — E-6 66
Charge on petroleum 66 (1) There shall be imposed, levied and collected on (a) each cubic metre of domestic petroleum received for processing or consumption in Canada, and (b) each cubic metre of foreign petroleum or petroleum product imported into Canada for processing, consumption, sale or other use in Canada, in any month or part of a month a special charge in such amount not exceeding seven dollars and twenty-five cents per cubic metre as may be prescribed in a tariff of charges for that month or part of a month made by order of the Governor in Council on the recommendation of the Minister and the Minister of Finance. Application of certain provisions (2) Subsection 57(2) and sections 58 to 64 apply, with such modifications as the circumstances require, in respect of a special charge imposed under subsection (1). Transitional (3) Effective May 1, 1981, the amount of seven dollars and twenty-five cents per cubic metre on (a) domestic petroleum received for processing or consumption in Canada, and (b) foreign petroleum or petroleum product imported into Canada for processing, consumption, sale or other use in Canada, shall be deemed to have been the amount prescribed in a tariff of charges for the month of May, 1981 by order of the Governor in Council pursuant to subsection (1) and that amount shall continue to be the amount of the charge in respect of each subsequent month until it is changed pursuant to subsection (1) by order of the Governor in Council in respect of a subsequent month or part of a month. 1980-81-82-83, c. 114, s. 39
Energy Administration Act — E-6 67 to 70
67 to 70 [Repealed, R.S., 1985, c. 7 (2nd Supp.), s. 72]
Energy Administration Act — E-6 71
Definition of account 71 (1) In this section, account means the Canadian Ownership Account established under Energy, Mines and Resources Vote 5c of Appropriation Act No. 4, 1980-81 . Crediting of account (2) All amounts received in respect of a special charge imposed pursuant to section 66 shall be credited to the account. Account charges (3) In addition to the investments authorized to be charged to the account under the Vote referred to in subsection (1), there shall be charged to the account (a) the amounts required to be refunded or reimbursed to a person under Division I; and (b) subject to the approval by order of the Governor in Council and in accordance with such terms and conditions, if any, as he may, on the recommendation of the Minister and the Minister of Finance prescribe, such amounts as are from time to time required by the Minister for investment in shares, debentures, bonds or other evidences of indebtedness of or for property acquisitions from any person in order to increase Canadian public ownership of the oil and gas industry in Canada and to repay loans or expenses incurred for that purpose. Account investments (4) Notwithstanding anything in this Act or any other Act of Parliament, shares, debentures, bonds or other evidences of indebtedness issued pursuant to an investment referred to in paragraph (3)(b) shall be held in the name of the Minister to the credit of the account. Report (5) Within three months after the end of each fiscal year, the Minister shall cause to be prepared a report in respect of the operation of the account during that year and shall cause the report to be laid before Parliament on any of the first fifteen days that either House of Parliament sits after the report has been prepared. R.S., 1985, c. E-6, s. 71; R.S., 1985, c. 7 (2nd Supp.), s. 73
Energy Administration Act — E-6 72
Tabling order 72 (1) An order of the Governor in Council under subsection 71(3) shall be laid before Parliament not later than the fifteenth sitting day of Parliament after it is made. Coming into force of order (2) An order referred to in subsection (1) shall come into force on the twentieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection unless, before that time, (a) a motion for the consideration of the House of Commons to the effect that the order be confirmed, signed by a minister of the Crown, is filed with the Speaker of the House of Commons; or (b) if no motion has been filed under paragraph (a), a motion for the consideration of the House of Commons to the effect that the order be revoked signed by not less than thirty members of the House of Commons is filed with the Speaker of the House of Commons. Consideration of motion by the House of Commons (3) Where a motion for the consideration of the House of Commons is filed as provided in subsection (2), the House of Commons shall, not later than the sixth sitting day of Parliament following the filing of the motion, take up and consider the motion. Time for disposition of motion (4) A motion taken up and considered in accordance with subsection (3) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the House of Commons shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion. 1980-81-82-83, c. 114, s. 39
Energy Administration Act — E-6 73
If affirmative motion is not adopted by the House of Commons 73 If a motion described in paragraph 72(2)(a) is taken up and considered by the House of Commons in accordance with subsection 72(3) but is not adopted by that House, the particular order to which the motion relates shall stand revoked. 1980-81-82-83, c. 114, s. 39
Energy Administration Act — E-6 74
If negative motion is adopted by the House of Commons 74 If a motion described in paragraph 72(2)(b) is adopted by the House of Commons, the particular order to which the motion relates shall stand revoked. 1980-81-82-83, c. 114, s. 39
Energy Administration Act — E-6 75
If affirmative motion is adopted by the House of Commons 75 (1) If a motion described in paragraph 72(2)(a) is taken up and considered by the House of Commons in accordance with subsection 72(3) and is adopted by that House, a message shall be sent from the House of Commons informing the Senate that the motion has been so adopted and requesting that the motion be concurred in by the Senate. Consideration of motion by the Senate (2) Where a request for concurrence in a motion is made to the Senate pursuant to subsection (1), the Senate shall, not later than the fifth sitting day of Parliament following the receipt by the Senate of the request, take up and consider the motion. Time for disposition of motion (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the Senate shall forthwith, without further debate or amendment, put every question necessary to determine whether or not the motion in question is concurred in. If motion is concurred in (4) If a motion taken up and considered in accordance with subsection (2) is concurred in by the Senate, the particular order to which the motion relates comes into force immediately on the concurrence therein. If motion is not concurred in (5) If a motion taken up and considered in accordance with subsection (2) is not concurred in by the Senate, the particular order to which the motion relates shall stand revoked. 1980-81-82-83, c. 114, s. 39
Energy Administration Act — E-6 76
If negative motion is not adopted by the House of Commons 76 (1) If a motion described in paragraph 72(2)(b) is taken up and considered by the House of Commons in accordance with subsection 72(3) but is not adopted by that House, the particular order to which the motion relates shall come into force on the fifth sitting day of Parliament after the failure of the House of Commons to adopt the motion unless before that day a motion to the effect that the order be revoked, signed by not less than fifteen members of the Senate, is filed with the Speaker of the Senate. Consideration of motion by the Senate (2) Where a motion for the consideration of the Senate is filed as provided in subsection (1), the Senate shall, not later than the sixth sitting day of Parliament following the filing of the motion, take up and consider the motion. Time for disposition of motion (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the Senate shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion. If motion adopted (4) If a motion taken up and considered in accordance with subsection (2) is adopted by the Senate, the particular order to which the motion relates shall stand revoked. If motion not adopted (5) If a motion taken up and considered in accordance with subsection (2) is not adopted by the Senate, the particular order to which the motion relates comes into force immediately on the failure of the Senate to adopt the motion. 1980-81-82-83, c. 114, s. 39
Energy Administration Act — E-6 77
Revocation on prorogation or dissolution of Parliament 77 An order of the Governor in Council under subsection 71(3) that has been laid before Parliament but has not come into force shall stand revoked on the dissolution or prorogation of Parliament. 1980-81-82-83, c. 114, s. 39
Energy Administration Act — E-6 78
Definition of sitting day of Parliament 78 For the purposes of this Division, sitting day of Parliament means a day on which either House of Parliament sits. 1980-81-82-83, c. 114, s. 39
Energy Administration Act — E-6 79
Definition of prescribed 79 In this Part, prescribed means prescribed by regulations made under this Part. 1974-75-76, c. 47, s. 66; 1977-78, c. 24, s. 7; 1980-81-82-83, c. 114, s. 41
Energy Administration Act — E-6 80
Definitions 80 In this Division, compensation means the amount that may be paid pursuant to this Division to a person in respect of a type of petroleum; ( indemnité ) petroleum means any hydrocarbon or mixture of hydrocarbons other than gas and includes any product designated as a petroleum product by regulations made under section 84. ( pétrole ) 1974-75-76, c. 47, s. 71; 1980-81-82-83, c. 114, s. 42
Energy Administration Act — E-6
compensation means the amount that may be paid pursuant to this Division to a person in respect of a type of petroleum; ( indemnité )
Energy Administration Act — E-6
petroleum means any hydrocarbon or mixture of hydrocarbons other than gas and includes any product designated as a petroleum product by regulations made under section 84. ( pétrole )