GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Energy Supplies Emergency Act — E-9 33
Application for exemption 33 (1) Where, in order to comply with any request in writing from the Minister to develop or carry out an implementation plan or arrangement in relation to this Act or with any regulation under this Act, a person would be required to enter into any agreement, arrangement or course of action that might cause that person to contravene the Competition Act , that person may apply to the Board for an order exempting that person from that Act in respect of that particular agreement, arrangement or course of action. Consultation with Minister of Industry (2) In considering an application under subsection (1), the Board shall consult with the Minister of Industry regarding the extent to which the agreement, arrangement or course of action in respect of which application is made for exemption from the Competition Act would create or maintain restrictive trade practices or situations inconsistent with the Competition Act . Exemption Order (3) After consulting with the Minister of Industry regarding any alternative agreement, arrangement or course of action that would avoid or overcome or mitigate any restrictive trade practices or situations inconsistent with the Competition Act , the Board may, by order, exempt the applicant and such other persons as it deems necessary from the provisions of the Competition Act in respect of any agreement, arrangement or course of action described in the exemption order, and thereupon that Act does not apply in respect of the described agreement, arrangement or course of action. Duration of exemption (4) An exemption order under this section shall be expressed to be for a period not in excess of twenty-four months, but it may be renewed by the Board for a further like period on an application therefor made and approved in like manner as in the case of the application for the exemption order in the first instance. Withdrawal of order (5) When the Board is of the opinion that an exemption order is no longer required in the public interest, it may, by notice to the persons to whom the order applies and to the Minister of Industry, withdraw the exemption order as of a day specified in the notice and after that specified day the exemption order ceases to have any effect. R.S., 1985, c. E-9, s. 33; R.S., 1985, c. 19 (2nd Supp.), s. 49; 1990, c. 2, s. 7; 1992, c. 1, s. 145(F); 1993, c. 34, s. 65(F); 1995, c. 1, s. 62
Energy Supplies Emergency Act — E-9 35
Railway transportation 35 (1) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Board may direct the Canadian Transportation Agency to order railway cars, motive power or other railway equipment to be allotted, distributed, used or moved as required by the Board and to order railway lines and railway facilities to be used and shared as required by the Board, and the Agency is hereby vested with all such powers, in addition to its powers under the Canada Transportation Act as are necessary to enable the Agency to carry out or enforce the direction of the Board. Consultation with Canadian Transportation Agency (2) Before issuing a direction under this section, the Board shall consult with the Canadian Transportation Agency, and may consult with such other authorities as it considers necessary to assist it in determining the effect of its direction on the movement of other traffic by rail and satisfying itself that on balance the greater public interest would be served by its direction to the Agency. Conflict of statutory powers (3) Section 4 of the Canada Transportation Act does not apply in respect of any conflict between a regulation made under this Act and a regulation made under that Act, and in the event of any such conflict, the regulation made under this Act prevails. R.S., 1985, c. E-9, s. 35; R.S., 1985, c. 28 (3rd Supp.), ss. 283, 359; 1996, c. 10, s. 216
Energy Supplies Emergency Act — E-9 36
Definition of pipeline company 36 (1) In this section, pipeline company means a company operating a pipeline in respect of which there is in force a certificate or other authority to operate a pipeline, issued under the Canadian Energy Regulator Act . Pipeline facilities (2) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Energy Supplies Allocation Board may direct the Commission of the Canadian Energy Regulator (a) to require a pipeline company operating a pipeline for the transmission of gas or oil or both to provide such additional facilities for the receiving, transmission, delivering and storing of gas or oil as the Energy Supplies Allocation Board deems necessary for the more effective carrying out of a mandatory allocation program, whether or not to do so would impose an undue burden on the pipeline company; (b) to require a pipeline company to divert any gas or oil carried by it to any person engaged in or legally authorized to engage in the local distribution of gas or oil to the public whether or not that diversion of gas or oil impairs the pipeline company’s ability to render adequate service to its existing customers; and (c) to require a pipeline company to construct branch lines to such communities or large volume users adjacent to its pipeline as the Energy Supplies Allocation Board considers necessary in the public interest, whether or not to do so would impose an undue burden on the pipeline company. When pipeline not carrying controlled product (3) A direction under this section may be made in respect of a pipeline company and its facilities whether or not the commodity carried by its pipeline is a controlled product at the time the direction is made. Consultation (4) Before issuing a direction under this section, the Energy Supplies Allocation Board shall consult with the Commission of the Canadian Energy Regulator and may consult with such other authorities as it considers necessary to assist it in formulating a direction to the Commission of the Canadian Energy Regulator that would permit conservation of the available supplies of any controlled product with the least burden on the pipeline company or the least impairment of its services to its customers, as the case may be. Additional powers granted (5) The Commission of the Canadian Energy Regulator is vested with all powers, in addition to its powers under the Canadian Energy Regulator Act , that are necessary to enable it to carry out or enforce a direction of the Energy Supplies Allocation Board. Saving (6) It is not a contravention of section 235 of the Canadian Energy Regulator Act if a discrimination in tolls, services or facilities against any person arises solely as a consequence of compliance with any order of the Commission of the Canadian Energy Regulator that is made under a direction issued under this section, and section 236 of that Act is not applicable in respect of that discrimination. R.S., 1985, c. E-9, s. 36 2019, c. 28, s. 97 2019, c. 28, s. 99
Energy Supplies Emergency Act — E-9 37
Water transportation 37 (1) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Board may direct the Canadian Transportation Agency (a) to order any Canadian ship to be used or sailed as required by the Board, and (b) to authorize a ship that is not a Canadian ship to carry any controlled product between points in Canada when no Canadian ship is available to carry the controlled product, and the Agency is hereby vested with all such powers, in addition to its powers under the Canada Transportation Act as are necessary to enable the Agency to carry out or enforce the direction of the Board. Consultation with Canadian Transportation Agency (2) Before giving a direction under this section, the Board shall consult with the Canadian Transportation Agency and may consult with such other authorities as it considers necessary in order to satisfy itself that a proposed direction would have the least detrimental effect on the carriage of goods by water in Canada consistent with the need to carry out the purposes of this Act. Exemption duties and licences (3) The Board may, by order, exempt any non-Canadian ship engaged in Canadian coasting trade pursuant to an order of the Canadian Transportation Agency under paragraph (1)(b) from (a) the payment of any customs duty and excise tax that would be payable in respect of that ship and its appurtenances and spares by virtue of its engagement in Canadian coasting trade; and (b) the requirement for a licence under the Coasting Trade Act . R.S., 1985, c. E-9, s. 37; R.S., 1985, c. 28 (3rd Supp.), ss. 284, 359; 1992, c. 31, s. 28; 1996, c. 10, s. 217
Energy Supplies Emergency Act — E-9 38
Motor transport 38 In respect of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act , the Board may authorize the operation of the undertaking for the transport of a controlled product notwithstanding any provision of that Act or the Canada Transportation Act or any regulations made pursuant to either of those Acts. R.S., 1985, c. E-9, s. 38; R.S., 1985, c. 28 (3rd Supp.), s. 285, c. 29 (3rd Supp.), s. 24; 1996, c. 10, s. 218; 2001, c. 13, s. 10
Energy Supplies Emergency Act — E-9 39
Approval required 39 (1) Where a direction under section 35, 36 or 37 would require the construction of works pursuant to an order of the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under any of those sections, the direction shall not be made by the Board unless it is satisfied that sufficient financing is available for the construction of the work to be directed and the Governor in Council has approved the making of the direction. Idem (2) Where compliance with any regulation under this Act would require the construction of any work, the regulation shall not be enforced unless the Board is satisfied that the costs involved are not excessive in all the circumstances of the case, that sufficient financing is available for the construction of the work and that the Minister of Natural Resources has been informed of the costs involved and approves the enforcement of the regulation. R.S., 1985, c. E-9, s. 39; R.S., 1985, c. 28 (3rd Supp.), s. 359; 1994, c. 41, s. 37; 1996, c. 10, s. 219 2019, c. 28, s. 99
Energy Supplies Emergency Act — E-9 40
Enforcement of orders 40 Without limiting the application of sections 41 and 42 of this Act, an order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under any directions issued by the Energy Supplies Allocation Board under sections 35 to 37 of this Act may be enforced in the same manner as any order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under the Canada Transportation Act or the Canadian Energy Regulator Act , as the case may be. R.S., 1985, c. E-9, s. 40; R.S., 1985, c. 28 (3rd Supp.), s. 286; 1996, c. 10, s. 220 2019, c. 28, s. 98
Energy Supplies Emergency Act — E-9 40.1
Information privileged 40.1 (1) Subject to subsection (2), all information and documentation obtained by the Board under or in connection with this Act is 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. Exceptions (2) Information and documentation obtained by the Board under or in connection with 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 or any other Act of Parliament. Evidentiary privilege (3) Notwithstanding any other Act or law, no person who obtains any information or documentation under or in connection with this Act shall be required, in connection with any legal proceedings, other than proceedings referred to in subsection (2), to give evidence relating to any information or documentation that is privileged under this Act or to produce any statement, document, writing or portion thereof containing any such information or documentation. 1990, c. 2, s. 8
Energy Supplies Emergency Act — E-9 41
Offence 41 (1) A person who wilfully contravenes a regulation under this Act is guilty of an offence and liable (a) on summary conviction to a fine not exceeding one thousand dollars; or (b) on conviction on indictment to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years or to both. Offence (2) A person who wilfully contravenes an order of the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator made pursuant to a direction of the Energy Supplies Allocation Board under this Act is guilty of an offence and liable (a) on summary conviction to a fine not exceeding ten thousand dollars; or (b) on conviction on indictment to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding two years or to both. Continuing offence (3) Where an offence under this Act is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued. Limitation period (4) Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose. R.S., 1985, c. E-9, s. 41; R.S., 1985, c. 28 (3rd Supp.), s. 359; 1996, c. 10, s. 221 2019, c. 28, s. 99
Energy Supplies Emergency Act — E-9 42
Injunctions and orders 42 (1) When it appears to the Board that a person or an organization has engaged in, is engaged in or is about to engage in any acts or practices in contravention of a provision of a regulation made under this Act or in contravention of a decision or an order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under a direction given under this Act, the Board may request the Attorney General of Canada to bring an action in a superior court to enjoin those acts or practices. Power of court (2) The court before which an action is brought under this section may (a) grant a temporary restraining order or an interlocutory injunction; (b) order any person to comply with a regulation under this Act or any decision or order of the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator that is made pursuant to a direction given under this Act; and (c) make such other order as may be deemed necessary to effect compliance with a regulation under this Act. R.S., 1985, c. E-9, s. 42; R.S., 1985, c. 28 (3rd Supp.), s. 359; 1996, c. 10, s. 222; 2002, c. 8, s. 136 2019, c. 28, s. 99
Energy Supplies Emergency Act — E-9 43
Binding on Her Majesty 43 This Act is binding on Her Majesty. 1978-79, c. 17, s. 33
Energy Supplies Emergency Act — E-9 44
Termination of programs 44 (1) Subject to this section, a mandatory allocation program terminates with the end of the eleventh month following the month in which the program came into force. Earlier termination (2) A mandatory allocation program may be terminated by order of the Governor in Council on a day earlier than that prescribed under subsection (1). Extension of program periods (3) A mandatory allocation program may be extended beyond its termination date, from time to time, by an order made by the Governor in Council for that purpose but that order shall not extend a mandatory allocation program for any one period in excess of twelve months. (4) and (5) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 72] R.S., 1985, c. E-9, s. 44; R.S., 1985, c. 22 (4th Supp.), s. 72
Energy Supplies Emergency Act — E-9 45
Consultation 45 Before the Governor in Council makes an order under section 15, 19, 20, 22, 29 or 44, the lieutenant governor in council of each province shall be consulted with respect to the proposed order to the extent that, in the opinion of the Governor in Council, it is practicable to do so in the circumstances. R.S., 1985, c. 22 (4th Supp.), s. 73
Energy Supplies Emergency Act — E-9 46
Tabling in Parliament when sitting 46 (1) Subject to subsection (4), a motion for confirmation of an order made under section 15, signed by a minister of the Crown, together with an explanation of the reasons for making the order and a report on any consultation with the lieutenant governors in council of the provinces with respect to the order, shall be laid before each House of Parliament within seven sitting days after the order is made. Summoning Parliament or House (2) If an order is made under section 15 during a prorogation of Parliament or when either House of Parliament stands adjourned, Parliament or that House, as the case may be, shall be summoned forthwith to sit within seven days after the order is made. Summoning Parliament (3) If an order is made under section 15 at a time when the House of Commons is dissolved, Parliament shall be summoned to sit at the earliest opportunity after the order is made. Tabling in Parliament after summoned (4) Where Parliament or a House of Parliament is summoned to sit in accordance with subsection (2) or (3), the motion, explanation and report described in subsection (1) shall be laid before each House of Parliament or that House of Parliament, as the case may be, on the first sitting day after Parliament or that House is summoned. Consideration (5) Where a motion is laid before a House of Parliament as provided in subsection (1) or (4), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion. Vote (6) A motion taken up and considered in accordance with subsection (5) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion. Revocation of order (7) If a motion for confirmation of an order is negatived by either House of Parliament, the order is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion. R.S., 1985, c. 22 (4th Supp.), s. 73
Energy Supplies Emergency Act — E-9 47
Motion for revocation 47 (1) Where a motion, for the consideration of the Senate or the House of Commons, to the effect that an order made under section 15 be revoked, signed by not less than ten members of the Senate or twenty members of the House of Commons, as the case may be, is filed with the Speaker thereof, that House of Parliament shall take up and consider the motion within three sitting days after it is filed. Vote (2) A motion taken up and considered in accordance with subsection (1) shall be debated without interruption for not more than ten hours and, on the expiration of the tenth hour or at such earlier time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion. Revocation of order (3) If a motion debated in accordance with subsection (2) is adopted by the House, the order is revoked effective on the day specified in the motion, which day may not be earlier than the day of the vote adopting the motion. R.S., 1985, c. 22 (4th Supp.), s. 73
Energy Supplies Emergency Act — E-9 48
Tabling in Parliament 48 (1) A motion for confirmation of an order made under section 19, 20, 22, 29 or 44, signed by a minister of the Crown, together with an explanation of the reasons for making the order and a report on any consultation with the lieutenant governors in council of the provinces with respect to the order, shall be laid before each House of Parliament within seven sitting days after the order is made. Consideration (2) Where a motion is laid before a House of Parliament as provided in subsection (1), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion. Vote (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion. Revocation of order (4) If a motion for confirmation of an order is negatived by either House of Parliament, the order is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion. R.S., 1985, c. 22 (4th Supp.), s. 73
Fall Economic Statement Implementation Act, 2022 — F-0.7
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Fall Economic Statement Implementation Act, 2022 — F-0.7 1
Short title 1 This Act may be cited as the Fall Economic Statement Implementation Act, 2022 .
Fall Economic Statement Implementation Act, 2022 — F-0.7 117
December 31, 2022 117 (1) Section 1, subsection 2(1) and section 3 of the Underused Housing Tax Regulations , as made by section 116 , come into force or are deemed to have come into force on December 31, 2022. 2022 and subsequent calendar years (2) Subsections 2(2) and (3) of the Underused Housing Tax Regulations , as made by section 116 , apply to the 2022 and subsequent calendar years. Authority and Statutory Instruments Act (3) The Underused Housing Tax Regulations , as made by section 116 , are deemed (a) to have been made under section 84 of the Underused Housing Tax Act ; (b) for the purposes of subsection 5(1) of the Statutory Instruments Act , to have been transmitted to the Clerk of the Privy Council for registration; and (c) to have met the publication requirements of subsection 11(1) of the Statutory Instruments Act .
Fall Economic Statement Implementation Act, 2022 — F-0.7 118
Acquisition of shares 118 (1) The Minister of Finance may acquire and hold on behalf of His Majesty in right of Canada non-voting shares of a corporation that is incorporated as a wholly-owned subsidiary of the Canada Development Investment Corporation and that is responsible for administering the Canada Growth Fund. Consolidated Revenue Fund (2) On the requisition of the Minister of Finance, there may be paid out of the Consolidated Revenue Fund amounts not exceeding $15,000,000,000 in the aggregate, or any greater amount that is specified in an appropriation Act, for the acquisition of shares under subsection (1). 2022, c. 19, s. 118 2023, c. 26, s. 514
Fall Economic Statement Implementation Act, 2022 — F-0.7 119
Not agent of His Majesty 119 The subsidiary referred to in section 118 is not an agent of His Majesty in right of Canada. 2022, c. 19, s. 119 2023, c. 26, s. 515
Fall Economic Statement Implementation Act, 2022 — F-0.7 122
Definition of former Act 122 (1) In this section and sections 123 and 124 , former Act means the First Nations Land Management Act , chapter 24 of the Statutes of Canada, 1999. Other definitions (2) In sections 123 and 124 , First Nation law , Framework Agreement , individual agreement , interest , land code , licence and right have the same meaning as in subsection 2(1) of the former Act, as it read immediately before the day on which section 143 of this Act comes into force.
Fall Economic Statement Implementation Act, 2022 — F-0.7 123
Documents and decisions previously made 123 Nothing in this Act affects (a) any land codes, individual agreements, First Nation laws or documents, including licences and other authorizations, contracts and other instruments or acts, that were issued, granted, entered into or made in accordance with the former Act or the Framework Agreement and that are in force on the day on which this Act comes into force; (b) any actions taken or decisions made, before the day on which this Act comes into force, in accordance with the former Act or the Framework Agreement, including the registration of an interest or right in the First Nation Land Register, as established under section 25 of the former Act and the establishment of priorities or, in Quebec, rankings among interests or rights that have been registered.