GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Energy Supplies Emergency Act — E-9 12
International Energy Agency representative 12 Canada’s representative on the Standing Group on Emergency Questions within the International Energy Agency shall be an official of the Board or the Department of Natural Resources and the representative shall, in fulfilling the representative’s functions, be responsible to the Chairperson of the Board and the Minister of Natural Resources. R.S., 1985, c. E-9, s. 12; 1990, c. 2, s. 3; 1994, c. 41, ss. 37, 38; 2010, c. 12, s. 1727(E)
Energy Supplies Emergency Act — E-9 13
Protection from personal liability 13 (1) No action or other proceeding for damages lies or shall be instituted against the Board, its members or a minister, servant or agent of Her Majesty in right of Canada for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, in good faith under this Act or any order or regulation made thereunder. Crown not relieved of liability (2) Subsection (1) does not relieve Her Majesty in right of Canada of liability for the acts or omissions described in that subsection and Her Majesty in right of Canada is liable under the Crown Liability and Proceedings Act or any other law as if that subsection had not been enacted. R.S., 1985, c. E-9, s. 13; R.S., 1985, c. 22 (4th Supp.), s. 65; 1993, c. 34, s. 63
Energy Supplies Emergency Act — E-9 14
Instructions and reports 14 (1) The Board shall act under the instructions of the Governor in Council and report to the Minister of Natural Resources from time to time on its activities under this Act. Report to Minister (2) During any period in which a mandatory allocation program or a rationing program is in effect under this Act, the Board shall report in writing to the Minister of Natural Resources at the end of every month on its activities under this Act in that month. Tabling (3) All reports referred to in subsection (2) shall be laid before Parliament forthwith on the making thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting. R.S., 1985, c. E-9, s. 14; 1994, c. 41, s. 37
Energy Supplies Emergency Act — E-9 15
Declaring national emergency 15 (1) When the Governor in Council is of the opinion that a national emergency exists by reason of actual or anticipated shortages of petroleum or disturbances in the petroleum markets that affect or will affect the national security and welfare and the economic stability of Canada, and that it is necessary in the national interest to conserve the supplies of petroleum products within Canada, the Governor in Council may, by order, so declare and by that order authorize the establishment of a program for the mandatory allocation of petroleum products within Canada in accordance with this Act. Effective date (2) An order made under subsection (1) is effective on the day on which it is made, but a motion for confirmation of the order shall be laid before each House of Parliament and be considered in accordance with section 46. Effect of revocation (3) Where an order made under subsection (1) is revoked, any mandatory allocation program instituted as a result of that order immediately terminates, but without prejudice to the previous operation of that program or anything duly done or suffered thereunder or any offence committed or any punishment incurred. R.S., 1985, c. E-9, s. 15; R.S., 1985, c. 22 (4th Supp.), s. 66
Energy Supplies Emergency Act — E-9 16 to 18
16 to 18 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 67]
Energy Supplies Emergency Act — E-9 19
Mandatory allocation program 19 (1) Where an order is made under section 15, the Board shall immediately prepare a mandatory allocation program in respect of petroleum to assure sufficient supplies of that product in the various parts of Canada by providing for a national and equitable distribution of petroleum products from the suppliers to the wholesale customers thereof. Contents of program (2) A mandatory allocation program shall (a) designate the regions in which the program is to operate if it is not to extend to the whole of Canada; (b) specify the petroleum products, the supplies of which are to be controlled under the program; (c) set out the priorities of use or supply, or both, of the controlled product; and (d) outline a system for allocation of supplies of the controlled product. Duration (3) If approved by the Governor in Council, a mandatory allocation program comes into force on such day as the Governor in Council may, by order, fix and terminates as provided under section 44. 1978-79, c. 17, s. 12; 1980-81-82-83, c. 112, s. 47
Energy Supplies Emergency Act — E-9 20
Amending program 20 (1) The Governor in Council may, by order, amend a mandatory allocation program (a) by providing that its operation be extended to other regions or all regions of Canada, or that its operation be reduced by excluding regions from the operation of the program; (b) by adding any petroleum product to the program or removing any controlled product from the program; and (c) by changing the priorities of use or supply, or both, of a controlled product and the outline of the system for allocation of supplies of a controlled product as set out or outlined at the commencement of the program. Other related products (2) The Governor in Council may, by order, add any product that is manufactured wholly or in part from petroleum to the mandatory allocation program and thereupon that product becomes a controlled product for the purpose of the allocation of the supplies thereof in Canada. 1978-79, c. 17, s. 12; 1980-81-82-83, c. 112, s. 47
Energy Supplies Emergency Act — E-9 21
21 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 68]
Energy Supplies Emergency Act — E-9 22
Allocation of alternative fuels 22 (1) Where it is considered necessary to do so for the purpose of conserving the available supplies of such petroleum products as have been included in a mandatory allocation program, the Governor in Council may, by order, amend the mandatory allocation program by adding any alternative fuel thereto and establishing mandatory allocation thereof. Application of Act (2) When an alternative fuel has been added to the mandatory allocation program, this Act applies, with such modifications as the circumstances require, in respect of the alternative fuel to the like extent as if that alternative fuel were a petroleum product. Definition of “alternative fuel” (3) In this section, alternative fuel means natural gas and any product obtained therefrom that is capable of being used as a fuel and coal and any product obtained therefrom that is capable of being so used. R.S., 1985, c. E-9, s. 22; R.S., 1985, c. 22 (4th Supp.), s. 69
Energy Supplies Emergency Act — E-9 23
Supporting activities 23 Instead of including an alternative fuel, as defined in section 22, within a mandatory allocation program under this Act, the Board may, with the approval of the Governor in Council, enter into arrangements with provincial authorities whereby the alternative fuel will be regulated as to allocation of supply and pricing within the provinces in such manner as will best conserve the supplies within Canada of petroleum products. 1978-79, c. 17, s. 14
Energy Supplies Emergency Act — E-9 24
Electric power 24 The Board may, with the approval of the Governor in Council, enter into arrangements with provincial authorities for the regulation and pricing by those provincial authorities of the supplies of electric power produced or used within a province for the purpose of reducing the demands on the available supplies within Canada of a petroleum product. 1978-79, c. 17, s. 15
Energy Supplies Emergency Act — E-9 25
llocation of supplies of any controlled product because of special circumstances; (q) ensuring, in so far as practicable, the maintenance of supplies of the controlled product to independent retailers of that product consistent with any priorities of use established by the Board; (r) providing for the making by the Board of such orders as may be necessary to effect any of the purposes for which regulations may be made under this section; and (s) respecting such other matters or things, whether or not of a like kind to those referred to in paragraphs (a) to (r), as the Board considers necessary for the purpose of carrying out a mandatory allocation program for a controlled product. Extent of authority (2) A regulation under this Act may be conditional or unconditional, qualified or unqualified, and may be general or restricted to a specified area or a specified controlled product, a specified supplier or wholesale customer or a specified mediate or immediate use of a controlled product. R.S., 1985, c. E-9, s. 25; 1990, c. 2, s. 4; 2001, c. 4, s. 79(F); 2004, c. 25, s. 136(E) 2019, c. 28, s. 96
Energy Supplies Emergency Act — E-9 26
Regulating imports 26 (1) Where the Governor in Council considers it expedient to do so, he may order the Board to regulate the importation of any controlled product into Canada indefinitely or for such period as may be specified in the order. Regulations (2) For the purpose of carrying out an order under subsection (1), the Board may make regulations (a) respecting the quantities and qualities of any controlled product imported or to be imported during such periods as may be prescribed by the Board; (b) respecting the storage of imported supplies of any controlled product in market areas; and (c) respecting such other matters or things in relation to the importation of the controlled product as may be necessary to support a mandatory allocation program for the controlled product. Consultation with Canadian Energy Regulator (3) Before making regulations under this section, the Board shall consult with the Canadian Energy Regulator to determine the extent to which that Board is regulating the importation of the controlled product in respect of which regulations are to be made under this section. R.S., 1985, c. E-9, s. 26 2019, c. 28, s. 99
Energy Supplies Emergency Act — E-9 27
Regulating exports 27 (1) Where the Governor in Council considers it expedient to do so, he may order the Board to regulate the export of any controlled product indefinitely or for such period as may be specified in the order. Regulations (2) For the purpose of carrying out an order under subsection (1), the Board may make regulations (a) respecting the quantities and qualities of any controlled product to be exported during such period as may be prescribed by the Board; and (b) respecting such other matters or things in relation to the export of the controlled product as may be necessary to support a mandatory allocation program for the controlled product. Consultation (3) Before making regulations under this section, the Board shall consult with the Canadian Energy Regulator to determine the extent to which that latter Board is then regulating the export of the controlled product in respect of which regulations are to be made under this section. R.S., 1985, c. E-9, s. 27 2019, c. 28, s. 99
Energy Supplies Emergency Act — E-9 28
Conflict 28 Where there is a conflict between any regulation made under this Act and any provision of the Canadian Energy Regulator Act or any regulation made thereunder, the regulation under this Act prevails. R.S., 1985, c. E-9, s. 28 2019, c. 28, s. 99
Energy Supplies Emergency Act — E-9 29
Consumer and other rationing 29 (1) Where the Governor in Council considers that the available supplies of a controlled product are or are likely to be in such short supply as to cause the mandatory allocation program to fail unless additional measures are taken, the Governor in Council may order the Board to extend the mandatory allocation program in respect of that controlled product by converting it into a program requiring that the purchase and sale of the controlled product at any or all levels, including the level of the final consumer or user, be made in such quantities, by such persons and for such uses as may be authorized by the Board on documentary evidence issued by the Board. (2) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 70] R.S., 1985, c. E-9, s. 29; R.S., 1985, c. 22 (4th Supp.), s. 70
Energy Supplies Emergency Act — E-9 30
Regulations 30 For the purpose of implementing an order under section 29, the Board may, with the approval of the Governor in Council, make regulations (a) extending the mandatory allocation program established pursuant to Part I and converting it into a rationing program in respect of one or more controlled products; (b) applying mandatory allocation of the supplies of the controlled product to retailers and retail customers under the rationing program; (c) establishing categories of consumers of the controlled product and determining priorities of supply in respect of each category of consumer; (d) establishing categories of use of the controlled product and providing for the prohibition or limiting of the supply of the controlled product to any categories of consumers or categories of uses; (e) respecting the rationing of consumers by the issuing of coupons, permits or other written authority to sell or purchase quantities of the controlled product and the quantities to be made available within any period or periods of time to various categories of consumers; (f) respecting the compiling of an inventory of the supplies of the controlled product held by retailers from time to time; (g) respecting the establishment of local, regional and central rationing boards to supervise and administer the rationing program in the various parts of Canada; (h) respecting the printing and distribution of written authorizations, coupons, permits, tickets or other documents required for the rationing program and the prices at which any of those printed materials may be sold and providing for the use to be made of the services of any department or agency of the Government of Canada in distributing, returning and accounting for any of those printed materials; (i) respecting the keeping of accounts relating to sales and purchases of any controlled product and the making of those accounts available to the Board and its agents or mandataries; (j) respecting the prices at which any controlled product may be sold to retailers and to the customers of retailers; (k) providing for the making by the Board of such orders as may be necessary to effect any of the purposes for which regulations may be made under this section; (l) notwithstanding anything in any other Act, authorizing and empowering banks to which the Bank Act applies, trust companies to which the Trust Companies Act applies and such other financial institutions as are specified in the regulations to perform such functions and duties relating to the administration and enforcement of an order made under section 29 as are specified in the regulations; and (m) respecting such other matters or things, whether or not of a like kind to those referred to in paragraphs (a) to (l), as the Board considers necessary for the purpose of carrying out a rationing program. R.S., 1985, c. E-9, s. 30; 1990, c. 2, s. 5; 2004, c. 25, s. 137(E)
Energy Supplies Emergency Act — E-9 31
Contracts 31 (1) Where pursuant to a regulation under this Act any person is required to do or to omit to do anything contrary to the terms and conditions of any contract entered into by that person, the contract is modified to the extent necessary to enable compliance to be made with the requirements of the regulation. Frustration (2) Subsection (1) does not apply in circumstances where the modification to a contract, except to the extent that it would change the price at which a controlled product may or is to be sold under the contract, would impose on the parties a contract fundamentally different from that which they entered into. Defence (3) Without precluding any other defence available in law, it is a good defence to any action brought in any court for breach of contract (a) arising out of a delay or a failure to provide, sell or offer for sale or exchange any product, or (b) arising out of a delay or a failure to provide any service that the delay or failure was caused solely by compliance with a regulation under this Act or with an order made by any authority pursuant to a direction of the Board under this Act. R.S., 1985, c. E-9, s. 31; 1990, c. 2, s. 6
Energy Supplies Emergency Act — E-9 32
Compensation 32 (1) Subject to subsection (2) and the regulations made under section 32.1, the Minister of Natural Resources shall award reasonable compensation to any person who suffers deprivation of property as a result of anything done, or purported to be done, under this Act or any order or regulation made thereunder. Release (2) No compensation shall be paid to a person under this section unless that person, in consideration of the compensation, signs, in a form provided by the Minister of Natural Resources, a release of any right of action that the person may have against Her Majesty in right of Canada in respect of any deprivation of property as a result of any thing done, or purported to be done, under this Act or any order or regulation made thereunder. R.S., 1985, c. E-9, s. 32; R.S., 1985, c. 22 (4th Supp.), s. 71; 1994, c. 41, s. 37
Energy Supplies Emergency Act — E-9 32.1
Regulations 32.1 The Governor in Council may make regulations (a) prescribing the form and manner of making applications for compensation under section 32, the information and evidence to be submitted in connection therewith and the procedure to be followed in the consideration of applications for compensation; (b) prescribing the period within which applications for compensation must be made; (c) prescribing the criteria to be used in determining the eligibility of any person for compensation; (d) prescribing the methods and criteria to be used in assessing any deprivation of property for which compensation shall be paid; (e) prescribing the maximum amount of compensation that may be paid to any person either generally or with respect to any particular deprivation of property; (f) prescribing the terms and conditions for the payment of compensation; (g) providing for the payment of compensation in a lump sum or in periodic payments; (h) providing for pro rata payments of compensation; (i) establishing priorities among persons applying for compensation on the basis of classes of persons or classes of deprivation of property or otherwise; (j) respecting the giving of notices to persons affected by applications for compensation; and (k) generally, for carrying into effect the purposes and provisions of section 32. R.S., 1985, c. 22 (4th Supp.), s. 71
Energy Supplies Emergency Act — E-9 32.2
Assessor and Deputy Assessors 32.2 (1) The Governor in Council shall, from among the judges of the Federal Court, appoint an Assessor and such number of Deputy Assessors as the Governor in Council considers necessary to hear and determine appeals from decisions of the Minister under section 32 and, subject to this Part, may prescribe their jurisdiction. Acting assessor (2) The Governor in Council shall, from among the judges of the Federal Court, appoint an acting assessor to act in the place of the Assessor in the event of the Assessor’s absence or incapacity. Deputy Assessor (3) The Assessor may designate a Deputy Assessor to hear and determine any appeal under section 32.3 and, where the Assessor does so, the references in sections 32.4 and 32.5 to the “Assessor” shall be construed as including references to the “Deputy Assessor”. R.S., 1985, c. 22 (4th Supp.), s. 71
Energy Supplies Emergency Act — E-9 32.3
Appeal 32.3 (1) Any person who has applied for compensation under section 32 and is not satisfied with the decision of the Minister thereon may appeal the decision to the Assessor. Limitation period (2) No appeal may be made under this section more than three months after the day on which the person applying for compensation receives notice of the Minister’s decision thereon or such longer period as the Assessor may, either before or after the expiration of that period of three months, allow for special reasons. R.S., 1985, c. 22 (4th Supp.), s. 71
Energy Supplies Emergency Act — E-9 32.4
Powers of Assessor 32.4 (1) On the hearing of an appeal under section 32.3, the Assessor may (a) confirm the decision of the Minister; (b) notwithstanding the maximum amount, if any, of compensation that may be paid to the person appealing, vary the decision of the Minister; or (c) refer the matter back to the Minister for such further action as the Assessor may direct, including the calculation of compensation without regard to the maximum amount, if any, that may otherwise be paid. Costs (2) In any appeal under section 32.3, costs may be awarded to or against Her Majesty in right of Canada. Decision final (3) The decision of the Assessor on any appeal under section 32.3 is final and conclusive and, except for judicial review under the Federal Courts Act , is not subject to appeal to or review by any court. Payment (4) Where the Assessor varies a decision of the Minister by awarding compensation or increasing the amount of compensation awarded by the Minister or, on a matter referred back for further action, the Minister increases the amount of compensation previously awarded, the Minister shall pay that compensation or increased compensation, as the case may be. R.S., 1985, c. 22 (4th Supp.), s. 71; 1993, c. 34, s. 64; 2002, c. 8, s. 182
Energy Supplies Emergency Act — E-9 32.5
Sittings and hearings 32.5 (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for such sittings and hearings as may be required. Expenses (2) The Assessor is entitled to be paid such travel allowances as are paid for attendances as a judge of the Federal Court under the Judges Act . R.S., 1985, c. 22 (4th Supp.), s. 71
Energy Supplies Emergency Act — E-9 32.6
Procedure 32.6 The Assessor may, with the approval of the Governor in Council, make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Assessor deems necessary to enable the discharge of the Assessor’s duties under this Part. R.S., 1985, c. 22 (4th Supp.), s. 71
Energy Supplies Emergency Act — E-9 32.7
Registrar 32.7 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to deal with appeals under section 32.3. R.S., 1985, c. 22 (4th Supp.), s. 71
Energy Supplies Emergency Act — E-9 32.8
Payment out of C.R.F. 32.8 Compensation and costs awarded against Her Majesty in right of Canada under this Part shall be paid out of the Consolidated Revenue Fund. R.S., 1985, c. 22 (4th Supp.), s. 71