An Act to provide for charges, compensation and pricing in respect of certain energy sources and for the administration and control of other matters respecting energy sources in Canada
Marginal note:Short title
- 1974-75-76, c. 47, s. 1;
- 1980-81-82-83, c. 114, s. 2.
Board, except in Division II of Part VII, means the National Energy Board; (Office)
gas means any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state; (gaz)
hydrocarbon does not include coal; (hydrocarbure)
Minister means the Minister of Natural Resources; (ministre)
natural reservoir in Canada
réservoir naturel au Canada
natural reservoir in Canada includes a natural reservoir situated in the offshore area as defined in section 20; (réservoir naturel au Canada)
oil means any hydrocarbon or mixture of hydrocarbons other than gas and includes an oil product; (pétrole)
oil product means any product designated as an oil product by regulations made under section 15. (produit pétrolier)
Marginal note:Adoption of Excise Tax Act preserved from 1985 amendments
(2) Any reference in subsection 10(2), section 13, subsection 60(2) or section 63 to the Excise Tax Act or a provision thereof shall be construed as a reference to the Excise Tax Act or the provision thereof, as it read immediately before the first day of the second month following the month during which an Act entitled An Act to amend the Excise Tax Act and the Excise Act and to amend other Acts in consequence thereof, chapter 7 of the 2nd Supplement to the Revised Statutes of Canada, was assented to.
- R.S., 1985, c. E-6, s. 2;
- R.S., 1985, c. 7 (2nd Supp.), s. 70;
- 1994, c. 41, s. 20.
Marginal note:Binding on Her Majesty
3 This Act is binding on Her Majesty in right of Canada or a province.
- 1974-75-76, c. 47, s. 3.
PART IOil Export Charges
(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
exporter means a person holding a licence; (exportateur)
licence means a licence or other authorization issued under Part VI of the National Energy Board Act permitting the export of oil under that Act. (licence)
Marginal note: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.
- 1974-75-76, c. 47, s. 4;
- 1980-81-82-83, c. 114, s. 4.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:By whom charge payable
(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.
Marginal note:Board to administer and advise
7 The Board on behalf of the Minister shall administer and enforce this Part and collect the charges imposed thereunder and on the request of the Minister shall provide him with advice and information in respect of exemptions or reductions under subsection 8(1).
- 1974-75-76, c. 47, s. 11;
- 1980-81-82-83, c. 114, s. 7.
Marginal note: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,
Marginal note: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.
Marginal note: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.
Marginal note:Date of filing and payment
(2) The return required by subsection (1) shall be filed with the Board 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.
Marginal note: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.
Marginal note:Extension of time
(4) The Board 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 Board 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).
- 1974-75-76, c. 47, s. 13;
- 1980-81-82-83, c. 114, s. 9.
- Date modified: