Marginal note:Evidence of registration certificate

• 38. (1) Subject to subsection (2), on the trial of an offence consisting of a contravention of subsection 6(2) or (3), any document purporting to be a certificate of registration issued under the authority of subsection 6(2) shall, in the absence of evidence to the contrary, be deemed to be such a certificate.

• Marginal note:Notice required

  (2) Subsection (1) does not apply to any document unless the party intending to produce it at the trial referred to in that subsection has given to the party against whom the document is intended to be produced reasonable notice of that intention together with a copy of the document.

Marginal note:Order of the Governor in Council

• 39. (1) Subject to subsection (2) and sections 40 to 43, the Governor in Council may, by order, provide for the application of any provisions of this Act, with any necessary adaptations specified in the order, in relation to

  • (a) any apparatus or class, type or design of apparatus by means of which

    • (i) a meter registers, a reading therefrom is obtained or the basis of a charge for electricity or gas is established from that reading,

    • (ii) measurements respecting the extraction of natural gas are made to obtain the basis of any royalty or charge therefor, or

    • (iii) a supply of electricity or gas is metered in any case not referred to in subsection 9(1); or

  • (b) any supply or class or type of supply of any energy whatever or source thereof in such a form that the use of a meter in respect thereof was not contemplated by approval granted under subsection 9(4) before the making of the order.

• Marginal note:Provincial government’s request needed

  (2) An order made under subsection (1) with respect to apparatus used to obtain the basis of any royalty or charge referred to in subparagraph (1)(a)(ii) that is due to Her Majesty in right of any province, or to any other person, shall not have effect with respect to any such apparatus in a province unless, at the request of the government thereof, the order is, by its terms, expressed to have that effect.

• Marginal note:Application of subsections 28(2) and (3)

  (3) Subsections 28(2) and (3) shall, with any necessary adaptations, apply in respect of a proposed order under subsection (1) as they apply in respect of a proposed regulation.

Marginal note:Tabling order

• 40. (1) An order made pursuant to paragraph 39(1)(b) shall be laid before Parliament not later than the fifteenth sitting day of Parliament after it is issued.

• Marginal note:Coming into force of order

  (2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day of Parliament after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.

• Marginal note:Consideration of motion

  (3) Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection (2) with respect to a particular order referred to in subsection (1), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion unless a motion to the like effect has earlier been taken up and considered in the other House.

• Marginal note:Definition of “sitting day of Parliament”

  (4) For the purposes of subsections (1) and (2), “sitting day of Parliament” means a day on which either House of Parliament sits.