GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Energy Monitoring Act — E-8 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada and in right of any province. 1980-81-82-83, c. 112, s. 3
Energy Monitoring Act — E-8 4
Application 4 Subject to section 7, this Act applies to every energy enterprise that has (a) gross annual revenues derived from the activities referred to in the definition “energy enterprise” in subsection 2(1), determined in prescribed manner, in excess of ten million dollars or such higher amount as is prescribed; or (b) assets related to its activities referred to in the definition “energy enterprise” in subsection 2(1), determined in prescribed manner, in excess of ten million dollars or such higher amount as is prescribed. R.S., 1985, c. E-8, s. 4; 1993, c. 34, s. 62(F)
Energy Monitoring Act — E-8 5
Return of Canadian energy enterprise 5 (1) Unless exempted by the regulations, every energy enterprise shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that energy enterprise, a return setting out statistics and information relating to (a) its ownership and control; (b) its sources and application of funds; (c) its financial position and performance; (d) its exploration for, development, production, processing, refining and marketing of energy commodities; (e) its costs and revenues in connection with each of its activities referred to in paragraph (d); (f) the exploration expenditures, development expenditures, resource allowances, capital cost allowances, non-capital losses and the other deductions, credits and allowances deducted under the Income Tax Act in the computation of income from and taxes payable on each of its activities referred to in paragraph (d); (g) the amounts with respect to the expenditures, allowances, losses, deductions and credits referred to in paragraph (f) that can be carried forward in accordance with the provisions of the Income Tax Act ; (h) the distribution and disposition of its revenues and profits; (i) its energy commodity resources, reserves and properties; (j) its ownership of or interest in any corporation, partnership, trust or organization; (k) its research and development programs; and (l) such other matters concerning each of its activities referred to in paragraph (d) and the funds derived from those activities as are prescribed. Additional statistics and information (2) In addition to the statistics and information referred to in subsection (1), every energy enterprise required to file a return under subsection (1) shall set out, in prescribed form and manner, in every return required by that subsection, statistics and information relating to the matters referred to in paragraphs (1)(b) to (l) in respect of every corporation it controls. Application (3) This section does not apply to any energy enterprise required to file a return under section 6. 1980-81-82-83, c. 112, s. 5
Energy Monitoring Act — E-8 6
Return of foreign energy enterprise 6 Unless exempted by the regulations, where an energy enterprise is (a) an individual not ordinarily resident in Canada, (b) a corporation incorporated elsewhere than in Canada, (c) a partnership all the partners of which are individuals not ordinarily resident in Canada or corporations incorporated elsewhere than in Canada, or (d) a trust the trustee and the beneficiary of which are, with respect to their status as such, governed by the laws of a jurisdiction other than that of Canada or a province, that energy enterprise shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that energy enterprise, a return setting out statistics and information relating to (e) its ownership and control, and (f) the matters set out in paragraphs 5(1)(b) to (l) in respect of its holdings and operations in Canada and the holdings and operations in Canada of every corporation it controls. 1980-81-82-83, c. 112, s. 6
Energy Monitoring Act — E-8 7
Minister may require return 7 Where the Minister is of the opinion that it is in the public interest, he may require (a) any energy enterprise to which this Act does not apply to file, in prescribed form and manner, a return setting out the statistics and information referred to in section 5 or 6, as the case may be; and (b) any corporation that controls a corporation that is an energy enterprise to file, in prescribed form and manner, a return setting out statistics and information relating to the matters set out in paragraphs 5(1)(a), (b), (h) and (j). 1980-81-82-83, c. 112, s. 7
Energy Monitoring Act — E-8 8
Supplementary statistics, information and documentation 8 Every energy enterprise required to file a return by or under this Act shall submit such additional statistics, information and documentation as may be required by the Minister for any purpose related to the administration or enforcement of this Act. 1980-81-82-83, c. 112, s. 8
Energy Monitoring Act — E-8 10
Extension 10 The Governor in Council may, by order, designate coal, thorium and uranium, or any of those substances, as an energy commodity for the purposes of this Act. 1980-81-82-83, c. 112, s. 10
Energy Monitoring Act — E-8 11
Application 11 Subject to section 13, this Act does not apply, with respect to any reporting period, to any oil and gas dealer who supplied, transported or stored less than one hundred million litres of oil, gas or petroleum products in the twelve months that immediately preceded that period. 1980-81-82-83, c. 112, s. 11
Energy Monitoring Act — E-8 12
Return of oil and gas dealer 12 Unless exempted by the regulations, every oil and gas dealer shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that oil and gas dealer, a return setting out statistics and information relating to (a) his production, processing, refining, storage, marketing, sale and use of oil, gas and petroleum products; and (b) his costs, revenues, prices and profits in connection with each activity referred to in paragraph (a). 1980-81-82-83, c. 112, s. 12
Energy Monitoring Act — E-8 13
Minister may require return 13 Where the Minister is of the opinion that it is in the public interest, he may require any oil and gas dealer to whom this Act does not apply to file, in prescribed form and manner, a return setting out the statistics and information referred to in section 12. 1980-81-82-83, c. 112, s. 13
Energy Monitoring Act — E-8 14
Supplementary statistics, information and documentation 14 Every oil and gas dealer required to file a return by or under this Act shall submit such additional statistics, information and documentation as may be required by the Minister for any purpose related to the administration or enforcement of this Act. 1980-81-82-83, c. 112, s. 14
Energy Monitoring Act — E-8 15
Statistics, information and documentation available to Board 15 The Minister may make the statistics, information and documentation obtained by him under this Act that relate to oil and gas dealers available to the Energy Supplies Allocation Board established under the Energy Supplies Emergency Act . 1980-81-82-83, c. 112, s. 15
Energy Monitoring Act — E-8 29
Reports 29 (1) Subject to subsection (2), the Minister may publish any reports that the Minister considers appropriate and necessary in respect of energy commodities and energy enterprises and their holdings and operations. Disclosure of certain information only (2) The Minister shall not disclose in any report published under subsection (1) any statistic, information or documentation obtained by the Minister under this Act or any other Act of Parliament that identifies or permits the identification of the individual, corporation, partnership, trust or organization to which the statistic, information or documentation relates without the written consent of that individual, corporation, partnership, trust or organization. R.S., 1985, c. E-8, s. 29; 2001, c. 34, ss. 44, 45
Energy Monitoring Act — E-8 30
Documents, records and books of account 30 Every energy enterprise and every oil and gas dealer required by or under this Act to file a return shall keep documents, records and books of account at his or its place of business or other prescribed place in Canada in such form and containing such statistics and information as will enable the Minister to verify the accuracy and completeness of the statistics, information and documentation that the energy enterprise or oil and gas dealer submits to the Minister. 1980-81-82-83, c. 112, s. 30
Energy Monitoring Act — E-8 31
Disposal of records 31 Every energy enterprise and every oil and gas dealer required by section 30 to keep documents, records and books of accounts shall, unless authorized by the Minister, retain every such document, record or book of account until the expiration of six years from the end of the reporting period to which the document, record or book of account relates. 1980-81-82-83, c. 112, s. 31
Energy Monitoring Act — E-8 32
Assistance to authorized persons 32 Every energy enterprise and every oil and gas dealer required by section 30 to keep documents, records and books of account shall, for the purpose of audit or examination, (a) make those documents, records and books of account available at all reasonable times to any person authorized by the Minister for the purpose; and (b) give all reasonable assistance to a person authorized by the Minister to carry out the audit or examination, provide access to all relevant sites, answer, orally or in writing, as required, all questions relating to the audit or examination and provide all statistics, information, documentation and copies required for the purpose of the audit or examination. 1980-81-82-83, c. 112, s. 32
Energy Monitoring Act — E-8 33
Privilege 33 The statistics, information and documentation obtained by the Minister under this Act, by the Energy Supplies Allocation Board under section 15 or by the persons referred to in paragraphs 34(a) and (b) are privileged and shall not knowingly be or be permitted to be communicated, disclosed or made available without the written consent of the person from whom they were obtained. R.S., 1985, c. E-8, s. 33; 2001, c. 34, s. 46
Energy Monitoring Act — E-8 34
Exceptions 34 The statistics, information and documentation obtained under this Act may be communicated, disclosed or made available for the purposes of the administration or enforcement of this Act, legal proceedings related thereto or criminal proceedings under this Act or any other Act of Parliament and may be communicated, disclosed or made available (a) to the Minister of Finance solely for the purposes of evaluating and formulating tax policy in relation to energy matters; and (b) to the Chief Statistician of Canada for the purposes of the Statistics Act . 1980-81-82-83, c. 112, s. 34
Energy Monitoring Act — E-8 35
Evidentiary privilege 35 Notwithstanding any other Act or law, no person who obtains any statistic, information or documentation under this Act shall be required, in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Act or criminal proceedings under this Act or any other Act of Parliament, to give evidence relating to any statistic, information or documentation that is privileged under this Act or to produce any statement, document, writing or portion thereof containing any such statistic, information or documentation. 1980-81-82-83, c. 112, s. 35
Energy Monitoring Act — E-8 36
Disclosure to public 36 (1) Notwithstanding anything in this Act, the Minister may disclose any statistic, information or documentation obtained under this Act where he considers the disclosure to be in the public interest, taking into account the competitive position of the individual, corporation, partnership, trust, organization or association of persons affected by the disclosure. Notification and opportunity to make representations (2) Where the Minister proposes to disclose any statistic, information or documentation pursuant to subsection (1) in a form that identifies or permits the identification of the individual, corporation, partnership, trust, organization or association of persons to which the statistic, information or documentation relates, the Minister shall so notify that individual, corporation, partnership, trust, organization or association of persons and afford him or it a reasonable opportunity to make representations with respect to the effect that the disclosure of the statistic, information or documentation might have on his or its competitive position. 1980-81-82-83, c. 112, s. 36
Energy Monitoring Act — E-8 37
Obligation or duty on persons 37 (1) Any obligation or duty imposed by or under this Act on any energy enterprise that is (a) a partnership shall be carried out or complied with by the partners of the partnership; (b) a trust shall be carried out or complied with by the trustee of the trust; or (c) an organization shall be carried out or complied with by such persons responsible for the administration and management of the organization as are prescribed. Idem (2) Any obligation or duty imposed by or under this Act on any association of persons shall be carried out or complied with by the persons forming part of that association. 1980-81-82-83, c. 112, s. 37
Energy Monitoring Act — E-8 38
Failure to file return or provide supplementary information 38 Every person who (a) fails to file a return as and when required by this Act, (b) fails to comply with a requirement of the Minister pursuant to section 7 or 13, (c) fails to comply with section 8, 14, 30, 31 or 32, or (d) contravenes or fails to comply with section 33 is guilty of an offence punishable on summary conviction and liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both. 1980-81-82-83, c. 112, s. 38
Energy Monitoring Act — E-8 39
False information 39 Every person who, under this Act, submits any statistic, information or documentation, makes any statement or answers any question, whether in connection with any return filed under this Act or any audit or examination carried out pursuant to this Act, knowing that the statistic, information, documentation, statement or answer is false or misleading or misrepresents or fails to disclose a material fact, is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months or to both; or (b) on conviction on indictment, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. 1980-81-82-83, c. 112, s. 39
Energy Monitoring Act — E-8 40
Officers, etc., of corporation 40 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. 1980-81-82-83, c. 112, s. 40
Energy Monitoring Act — E-8 41
Regulations 41 The Governor in Council may make regulations (a) defining the term “organization” for the purposes of this Act; (b) exempting any energy enterprise or oil and gas dealer, or any class thereof, from the requirement of filing a return under this Act; (c) prescribing any matter or thing that is by this Act to be prescribed; and (d) respecting such other matters or things as are necessary to carry out the provisions of this Act. 1980-81-82-83, c. 112, s. 41
Energy Monitoring Act — E-8 42
Act referred to Committee of House of Commons 42 This Act shall be deemed to be referred, for review and report, to the first sitting of the Committee of the House of Commons that normally considers oil and gas matters, following February 18, 1988. 1980-81-82-83, c. 112, s. 42
Energy Supplies Emergency Act — E-9 1
Short title 1 This Act may be cited as the Energy Supplies Emergency Act . 1978-79, c. 17, s. 1
Energy Supplies Emergency Act — E-9
Board means the Energy Supplies Allocation Board established by section 3; ( Office )
Energy Supplies Emergency Act — E-9
controlled product means any product or thing the supplies of which are allocated under a mandatory allocation program established pursuant to Part I; ( produit contrôlé )
Energy Supplies Emergency Act — E-9
mandatory allocation program means a program established pursuant to Part I to control the allocation of supplies of a product at the level of the suppliers and wholesale customers thereof; ( programme de répartition obligatoire )
Energy Supplies Emergency Act — E-9
petroleum or petroleum product means crude oil or other hydrocarbon or mixture of hydrocarbons recovered in liquid or solid state from a natural reservoir, any hydrocarbon or mixture thereof, in liquid or solid state, that results from the processing or refining of crude oil or other hydrocarbon, and natural gasoline or condensate resulting from the production, processing or refining of natural gas or a derivative of natural gas; ( pétrole ou produit pétrolier )
Energy Supplies Emergency Act — E-9
rationing program means a mandatory allocation program that is extended and converted pursuant to section 29 in respect of any controlled product; ( programme de rationnement )
Energy Supplies Emergency Act — E-9
sitting day , in respect of a House of Parliament, means a day on which that House is sitting; ( jour de séance )
Energy Supplies Emergency Act — E-9
supplier means an importer, refiner, wholesale marketer, jobber, distributor, terminal operator, broker or any other person or association of persons who supplies any controlled product in bulk at any or all levels of wholesale distribution whether or not the supplier is himself a wholesale customer for the controlled product; ( fournisseur )
Energy Supplies Emergency Act — E-9
wholesale customer means any person who purchases any controlled product in bulk at the wholesale level and includes Her Majesty in right of Canada or any province, any agent thereof and any refiner, distributor, jobber, dealer, public utility or operator of aircraft, railway, ships, trucks or other transportation facilities. ( acheteur en gros )
Energy Supplies Emergency Act — E-9 3
Board established 3 (1) There is established a board, to be known as the Energy Supplies Allocation Board, consisting of a chairperson and not more than six other members. Chairperson (2) The Deputy Minister of Natural Resources is the Chairperson of the Board. Other members (3) The other members of the Board are appointed by the Governor in Council to hold office during pleasure. R.S., 1985, c. E-9, s. 3; 1990, c. 2, s. 2; 2010, c. 12, s. 1725
Energy Supplies Emergency Act — E-9 4
Remuneration 4 The members of the Board, other than the Chairperson, shall be paid any remuneration that may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred in the course of their duties while absent from their ordinary places of residence. R.S., 1985, c. E-9, s. 4; 2010, c. 12, s. 1725
Energy Supplies Emergency Act — E-9 5
Staff 5 (1) Such other officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act . Technical assistance (2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents or mandataries of the Board in administering the allocation of any controlled product and to advise and assist the Board in carrying out its duties under this Act; and, with the approval of the Treasury Board, the Board may fix and pay the remuneration and expenses of those persons. Secondment, etc. (3) The Governor in Council may, on the request of the Board, direct any department or agency of the Government of Canada (a) to second to the Board, for specified periods, officers and employees, and (b) to make available to the Board, for specified periods, specified services or the use of specified facilities, that are necessary for the proper conduct of the work of the Board. Advice and assistance (4) The Board may, subject to any provisions relating to privileged information, obtain the advice and assistance of any department or agency of the Government of Canada. R.S., 1985, c. E-9, s. 5; 2004, c. 25, s. 135
Energy Supplies Emergency Act — E-9 6
Head office 6 (1) The head office of the Board shall be in the National Capital Region described in the schedule to the National Capital Act . Meetings (2) The Board may meet at such times and places in Canada as the Chairperson of the Board deems advisable. R.S., 1985, c. E-9, s. 6; 2010, c. 12, s. 1727(E)
Energy Supplies Emergency Act — E-9 7
Chief executive officer 7 (1) The Chairperson of the Board is the chief executive officer of the Board and has supervision over and direction of the work and staff of the Board and shall preside at meetings of the Board. Vice-Chairperson (2) One of the members of the Board may be designated by the Governor in Council to be Vice-Chairperson and in the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson may exercise all the powers and perform all the functions of the Chairperson. R.S., 1985, c. E-9, s. 7; 2010, c. 12, ss. 1726(E), 1727(E)
Energy Supplies Emergency Act — E-9 8
Status of Board 8 (1) The members of the Board and any persons engaged under subsection 5(2) shall be deemed to be persons employed in the federal public administration. Non-application of P.S.E.A. to certain persons (2) Persons engaged by the Board under subsection 5(2) shall be deemed not to form part of the public service for the purposes of the Public Service Employment Act . R.S., 1985, c. E-9, s. 8; 2003, c. 22, ss. 224(E), 225(E)
Energy Supplies Emergency Act — E-9 9
By-laws 9 Subject to this Act, the Board may make by-laws generally for carrying out the work of the Board and respecting the manner of conducting the business of the Board, the management of its affairs and the duties of its employees. 1978-79, c. 17, s. 9; 1980-81-82-83, c. 112, s. 46
Energy Supplies Emergency Act — E-9 10
Delegation 10 (1) The Board may in writing authorize one or more of its members or a senior officer of the Board to exercise and perform on behalf of the Board any of the powers or duties of the Board under this Act except the powers or duties of the Board relating to the making of regulations or orders. Idem (2) The Board may by order delegate, in whole or in part, to any person, body or authority any of the powers or duties of the Board arising out of any regulation under this Act, and that person, body or authority may exercise the powers and shall perform the duties so delegated. 1978-79, c. 17, s. 9; 1980-81-82-83, c. 112, s. 46
Energy Supplies Emergency Act — E-9 11
Duties 11 (1) Subject to this Act and any directions to the Board issued by the Governor in Council under the authority of this Act, the Board may exercise such powers and shall perform such duties as may be conferred or imposed on it under this Act; and during any period in which the Board is not required to administer any mandatory allocation program or rationing program under this Act, it shall prepare, review and maintain contingency plans in readiness to exercise such powers and perform such duties as may be conferred or imposed on it pursuant to this Act. Continuing studies and reports (2) The Board shall study and keep under review all matters relevant to a full understanding of the international petroleum supply situation and shall from time to time report thereon to the Minister of Natural Resources together with such recommendations as appear to the Board to be appropriate and relevant to ensuring that Canada is fully prepared to meet any petroleum supply emergency with well prepared and timely plans for action. R.S., 1985, c. E-9, s. 11; 1994, c. 41, s. 37