GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Energy Administration Act — E-6 4
Definitions 4 (1) In this Part, export means (a) subject to paragraph (b), where oil is transported by pipeline, to deliver it at its point of delivery outside Canada, (b) where oil is transported by pipeline from the offshore area as defined in section 20, to deliver it at its point of delivery outside that area and Canada, and (c) where oil is transported by any other means, to send it (i) from Canada other than to export it within the meaning of subsection 16(1), or (ii) to a place outside Canada from the offshore area as defined in section 20; ( exporter ) exporter means a person holding a licence; ( exportateur ) licence means a licence or other authorization that is issued under Part 7 of the Canadian Energy Regulator Act and that permits the export of oil under that Act. ( licence ) Calculation for pipeline traffic (2) For the purpose of calculating the number of cubic metres of oil exported at any place by pipeline during a period in which a specified charge applies to that exportation, the period shall be deemed to commence at seven o’clock local time in the forenoon of the day on which that charge is imposed and to end at seven o’clock local time in the forenoon of the day on which the charge is varied. R.S., 1985, c. E-6, s. 4 2019, c. 28, s. 88
Energy Administration Act — E-6 (a)
export means (a) subject to paragraph (b), where oil is transported by pipeline, to deliver it at its point of delivery outside Canada, (b) where oil is transported by pipeline from the offshore area as defined in section 20, to deliver it at its point of delivery outside that area and Canada, and (c) where oil is transported by any other means, to send it (i) from Canada other than to export it within the meaning of subsection 16(1), or (ii) to a place outside Canada from the offshore area as defined in section 20; ( exporter )
Energy Administration Act — E-6
exporter means a person holding a licence; ( exportateur )
Energy Administration Act — E-6
licence means a licence or other authorization that is issued under Part 7 of the Canadian Energy Regulator Act and that permits the export of oil under that Act. ( licence )
Energy Administration Act — E-6 5
Charge on oil 5 (1) There shall be imposed, levied and collected on each cubic metre of oil exported in any month or part of a month a charge in such amount not exceeding three hundred and fifty 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 on oil may set out the charge applicable in respect of any or all of the various kinds or qualities of oil, oil from any source, any or all destinations for oil and such other factors or circumstances as are specified in the tariff. Tariff continues (3) Where a tariff of charges on oil is prescribed in respect of any month or part of a month under subsection (1), that tariff of charges shall continue in respect of each subsequent month until changed pursuant to subsection (1) by order of the Governor in Council in respect of a subsequent month or part of a month. 1974-75-76, c. 47, s. 7; 1980-81-82-83, c. 114, s. 5
Energy Administration Act — E-6 6
By whom charge payable 6 (1) A charge imposed under this Part on the exportation of oil is payable to the Minister by the exporter under whose licence the oil is purported to be exported. Liability (2) A person who exports oil on which a charge is imposed under this Part in circumstances in which there is no exporter who is liable under this Part to pay that charge is liable to pay that charge. 1974-75-76, c. 47, s. 10
Energy Administration Act — E-6 7
Chief Executive Officer of the Regulator 7 The Chief Executive Officer of the Regulator administers and enforces this Part on behalf of the Minister and collects the charges imposed under it and, on the request of the Minister, provides him or her with advice and information in respect of exemptions or reductions under subsection 8(1). R.S., 1985, c. E-6, s. 7 2019, c. 28, s. 89
Energy Administration Act — E-6 8
Exemption or reduction 8 (1) 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 exportation of oil from the charge imposed thereon in respect of any 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 on the exportation of oil under this Part. Exemption and reduction to be reported in Public Accounts (2) A statement of each exemption or reduction of one thousand dollars or more ordered pursuant to this section shall be reported to the House of Commons in the Public Accounts. 1974-75-76, c. 47, s. 12; 1980-81-82-83, c. 114, s. 8
Energy Administration Act — E-6 9
Monthly return of export sales 9 (1) Every person who is required by this Part to pay a charge shall make each month a true return of his exports of oil for the last preceding month in such form and containing such information as the regulations require. Date of filing and payment (2) The return required by subsection (1) shall be filed with the Regulator and the charge payable shall be paid to it not later than the last day of the first month succeeding that in which the exports were made. 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 15, 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 Commission of the Regulator 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 when the Commission of the Regulator has specified a later day (a) no penalty shall accrue or shall be deemed to have accrued under subsection (3) prior to that 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). R.S., 1985, c. E-6, s. 9 2019, c. 28, s. 95
Energy Administration Act — E-6 10
Debts to Her Majesty 10 (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 to the Minister or Deputy Minister in those sections is to be construed as a reference to the Chief Executive Officer of the Regulator, as the case may be. R.S., 1985, c. E-6, s. 10 2019, c. 28, s. 90
Energy Administration Act — E-6 11
Deductions and refunds 11 (1) A deduction from, or refund of, the charges imposed by this Part may be granted (a) where an overpayment has been made by the exporter; or (b) where the charge was paid in error. Application for refund (2) No deduction from, or refund of, the charges imposed by this Part shall be paid unless application therefor is made in writing by the person entitled thereto within two years after the time when the deduction or refund first became payable under this Part or any regulations made thereunder. Refund of moneys paid by mistake (3) If any person, whether by mistake of law or fact, has paid or overpaid to Her Majesty any moneys that have been taken to account as charges imposed by this Part, those moneys shall not be refunded unless application therefor has been made in writing within two years after the moneys were paid or overpaid. 1974-75-76, c. 47, s. 15
Energy Administration Act — E-6 12
Records and books 12 (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. Keeping of records and books of account (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 must, at all reasonable times, make the records and books of account and the accounts and vouchers necessary to verify the information in them available to designated officers and inspection officers , as defined in section 2 of the Canadian Energy Regulator Act and any other person designated by the Regulator and give them every facility necessary to inspect the records, books, accounts and vouchers. R.S., 1985, c. E-6, s. 12 2019, c. 28, s. 91
Energy Administration Act — E-6 13
Appeal 13 If any difference arises or if any doubt exists as to whether any charge is payable or as to the amount of the charge that is payable on the exportation of any oil, the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act may declare what amount of charge is payable, 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 Deputy Minister is to be construed as a reference to the Chief Executive Officer of the Regulator. R.S., 1985, c. E-6, s. 13; R.S., 1985, c. 47 (4th Supp.), s. 52 2019, c. 28, s. 92
Energy Administration Act — E-6 14
Expenditures 14 (1) The Minister may make expenditures out of the Consolidated Revenue Fund for the payment of the following amounts: (a) the amounts required to be refunded to a person under subsection 11(1); and (b) such amounts in respect of a fiscal year or part thereof as are authorized pursuant to regulations of the Governor in Council to be paid to a province or its agent in respect of exports of oil during that year. Idem (2) In addition to any amount appropriated by Parliament for any of the purposes mentioned in subsection (1), the Minister may spend, for the purposes mentioned in that subsection, any amount, other than an amount referred to in paragraph 86(2)(a), received in respect of any charge payable under this Part. Limit on expenditures (3) The aggregate of expenditures made under this section in respect of any fiscal year shall not exceed the aggregate of (a) any amount, other than an amount referred to in paragraph 86(2)(a), received in that fiscal year in respect of any charge payable under this Part; and (b) such amount, if any, as is appropriated by Parliament for the purposes mentioned in subsection (1). Report (4) Within three months after the end of each fiscal year, the Minister shall cause to be prepared a report in respect of all revenues, other than any amount referred to in paragraph 86(2)(a), and expenditures during that year under this Part 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. 14; 1992, c. 1, s. 63
Energy Administration Act — E-6 15
Regulations 15 The Governor in Council may, by regulation, (a) designate as an oil product any substance resulting from the processing or refining of hydrocarbons or coal if the 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 terms and conditions on which payments may be made to a province or its agent pursuant to paragraph 14(1)(b); and (c) provide for such other matters or things as may be necessary to carry out the provisions of this Part. 1974-75-76, c. 47, s. 18; 1980-81-82-83, c. 114, s. 11
Energy Administration Act — E-6 16
Definitions 16 (1) In this Part, export , in respect of transportation fuel, means (a) the delivery by an exporter of that fuel to a person other than an exporter in order that the person may take it from Canada by means of an aircraft or vessel for immediate use by that aircraft or vessel, or (b) the taking by an exporter of that fuel from Canada by means of an aircraft or vessel for use by that aircraft or vessel; ( exporter ) exporter and licence have the same meanings as in section 4; ( exportateur et licence ) transportation fuel means fuel designated by regulations under section 19 as being fuel for use by an aircraft or vessel. ( carburant ) Interpretation of export (2) For the purposes of the definition export in subsection (1), an export in respect of an aircraft or vessel referred to in that definition shall be deemed to occur at the time the aircraft or vessel is at its last port of landing in Canada preceding its journey outside Canada. 1980-81-82-83, c. 114, s. 12
Energy Administration Act — E-6 (a)
export , in respect of transportation fuel, means (a) the delivery by an exporter of that fuel to a person other than an exporter in order that the person may take it from Canada by means of an aircraft or vessel for immediate use by that aircraft or vessel, or (b) the taking by an exporter of that fuel from Canada by means of an aircraft or vessel for use by that aircraft or vessel; ( exporter )
Energy Administration Act — E-6
exporter and licence have the same meanings as in section 4; ( exportateur et licence )
Energy Administration Act — E-6
transportation fuel means fuel designated by regulations under section 19 as being fuel for use by an aircraft or vessel. ( carburant )
Energy Administration Act — E-6 17
Charge 17 (1) There shall be imposed, levied and collected on each cubic metre of transportation fuel acquired in Canada and exported from Canada in any month or part of a month, in respect of which no charge has been imposed, levied and collected under Part I, a transportation fuel compensation recovery charge in such amount not exceeding three hundred and fifty 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 on transportation fuel may set out the charge applicable in respect of any or all of the various kinds or qualities of transportation fuel, transportation fuel from any source, any or all destinations for transportation fuel and such other factors or circumstances as are specified in the tariff. Tariff continues (3) Where a tariff of charges on transportation fuel is prescribed in respect of any month or part of a month under subsection (1), that tariff of charges shall continue in respect of each subsequent month until 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. 12
Energy Administration Act — E-6 18
Application of certain provisions 18 Sections 6 to 13 apply in respect of the compensation recovery charge imposed under this Part in the same manner and to the same extent as if that charge were a charge imposed under Part I. 1980-81-82-83, c. 114, s. 12
Energy Administration Act — E-6 19
Regulations 19 The Governor in Council may, by regulation, (a) designate any fuel as being fuel for use by an aircraft or vessel; (b) define the expression “last port of landing” for the purposes of subsection 16(2); and (c) provide for such other matters or things as may be necessary to carry out the provisions of this Part. 1980-81-82-83, c. 114, s. 12
Energy Administration Act — E-6 20
Definitions 20 In this Part, consumption means, in relation to crude oil, the action of using it as a fuel or energy source or consuming it in the manufacture of products of trade and commerce; ( consommation ) crude oil means any hydrocarbon or mixture of hydrocarbons other than gas; ( pétrole brut ) offshore area means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada; ( zone extracôtière ) prescribed price means, in relation to any quality or kind of crude oil, the maximum price established therefor under this Part for the purpose of interprovincial and international trade; ( prix imposé ) price means the value in money of the consideration given for a quantity of crude oil or the value of that quantity of oil, as may be determined by regulation in a case where no consideration is given therefor, exclusive of the amount of any charge imposed under this Act; ( prix ) producer-province means a province in which the quantities of crude oil ordinarily produced, extracted or recovered in that province in a month are such that a significant quantity of that crude oil is normally available for use outside that province in each month; ( province pétrolière ) province of production means, in relation to any quantity of crude oil, the producer-province in which it was produced, extracted or recovered; ( province d’origine ) recovered includes manufactured. ( Version anglaise seulement ) R.S., 1985, c. E-6, s. 20; 1996, c. 31, s. 79
Energy Administration Act — E-6
consumption means, in relation to crude oil, the action of using it as a fuel or energy source or consuming it in the manufacture of products of trade and commerce; ( consommation )
Energy Administration Act — E-6
crude oil means any hydrocarbon or mixture of hydrocarbons other than gas; ( pétrole brut )
Energy Administration Act — E-6
offshore area means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada; ( zone extracôtière )
Energy Administration Act — E-6
prescribed price means, in relation to any quality or kind of crude oil, the maximum price established therefor under this Part for the purpose of interprovincial and international trade; ( prix imposé )
Energy Administration Act — E-6
price means the value in money of the consideration given for a quantity of crude oil or the value of that quantity of oil, as may be determined by regulation in a case where no consideration is given therefor, exclusive of the amount of any charge imposed under this Act; ( prix )
Energy Administration Act — E-6
producer-province means a province in which the quantities of crude oil ordinarily produced, extracted or recovered in that province in a month are such that a significant quantity of that crude oil is normally available for use outside that province in each month; ( province pétrolière )
Energy Administration Act — E-6
province of production means, in relation to any quantity of crude oil, the producer-province in which it was produced, extracted or recovered; ( province d’origine )
Energy Administration Act — E-6
recovered includes manufactured. ( Version anglaise seulement )
Energy Administration Act — E-6 21
Application 21 This Part applies to crude oil that (a) enters into international or interprovincial trade or that is mixed or blended with crude oil that has been acquired for movement outside its province of production; or (b) is brought, sent or delivered to a province from the offshore area in which it is produced, extracted or recovered. 1974-75-76, c. 47, s. 20; 1980-81-82-83, c. 114, s. 14
Energy Administration Act — E-6 22
Purpose 22 The purpose of this Part is to provide legislative authority for measures that will, so far as may be practicable, enable the Government of Canada (a) to achieve a uniform price, exclusive of transportation costs, for crude oil used in Canada outside its province of production; (b) to achieve a balance in Canada between the interests of consumers and producers in Canada; (c) to protect consumers in Canada from instability of prices for petroleum in the international markets; and (d) to encourage the discovery, development and production of a supply of crude oil adequate to the self-sufficiency of Canada. 1974-75-76, c. 47, s. 21
Energy Administration Act — E-6 23
Provincial agreement on prices 23 (1) With the approval of the Governor in Council, the Minister may enter into an agreement with the government of a producer-province for the purpose of establishing mutually acceptable prices for the various qualities and kinds of crude oil produced, extracted or recovered in that province during such period as may be agreed on and for other purposes considered expedient to carry out the purpose of this Part. Expression of agreement (2) An agreement for the purpose of this Part need not be expressed in any formal document executed on behalf of the parties thereto if the expression of that agreement is contained in reciprocal orders in council issued by the governments concerned. 1974-75-76, c. 47, s. 22
Energy Administration Act — E-6 24
Prescribing maximum 24 (1) Where an agreement is entered into with a producer-province under section 23, the Governor in Council may, by regulation, establish maximum prices for the various qualities and kinds of crude oil to which this Part applies that are produced, extracted or recovered in that province. Prescribing maximum (2) Notwithstanding subsection (1), the Governor in Council may, by regulation, establish maximum prices for the various qualities and kinds of crude oil to which this Part applies that are produced, extracted or recovered in Yukon, the Northwest Territories or Nunavut. Idem (3) The Governor in Council may, by regulation, establish maximum prices for the various qualities and kinds of crude oil to which this Part applies that are produced, extracted or recovered in an offshore area and in such case the provisions of this Part, except those that refer to an agreement with the government of a producer-province, that apply in respect of crude oil produced, extracted or recovered in a province apply, with such modifications as the circumstances require, in respect of crude oil produced, extracted or recovered in the offshore area as if the offshore area were a province of production. R.S., 1985, c. E-6, s. 24; 1993, c. 28, s. 78; 2002, c. 7, s. 163(E)