Energy Administration Act (R.S.C., 1985, c. E-6)

Act current to 2013-05-20 and last amended on 2005-12-12. Previous Versions

Marginal note:Application of certain provisions

36.1 Subsections 36(2) to (5) apply, with such modifications as the circumstances require, in respect of any special or general order of the Board referred to in subsection 43(1).

  • R.S., 1985, c. 31 (2nd Supp.), s. 2.

Application of Part

Marginal note:Application

37. This Part applies to gas that

  • (a) enters into interprovincial or international trade; or

  • (b) is brought, sent or delivered to a province from the offshore area in which it is produced, extracted, recovered or manufactured.

  • 1974-75-76, c. 47, s. 48;
  • 1980-81-82-83, c. 114, s. 22.

Purpose of Part

Marginal note:Purpose

38. 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  • (a) [Repealed, R.S., 1985, c. 31 (2nd Supp.), s. 3]

  • (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 gas and to preserve a reasonable balance between the prices of alternative fuels in Canada; and

  • (d) to encourage the discovery, development and production of a supply of gas adequate to the self-sufficiency of Canada.

  • R.S., 1985, c. E-6, s. 38;
  • R.S., 1985, c. 31 (2nd Supp.), s. 3.

Price Restraint

Marginal note:Provincial agreement on prices

39. 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 kinds of gas produced, extracted, recovered or manufactured 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.

  • 1974-75-76, c. 47, s. 50.
Marginal note:Prescribing prices

  • 40. (1) Where an agreement is entered into with a producer-province under section 39, the Governor in Council may, by regulation, prescribe prices at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in that province are to be sold on or for delivery in any areas or zones in Canada and outside that province or at any points of export from Canada.

  • Marginal note:Prescribing prices

    (2) Notwithstanding subsection (1), the Governor in Council may, by regulation, prescribe prices at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in Yukon, the Northwest Territories or Nunavut are to be sold on or for delivery in any areas or zones in Canada and outside any of those territories or at any points of export from Canada.

  • Marginal note:Idem

    (3) The Governor in Council may, by regulation, prescribe prices at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in an offshore area are to be sold on or for delivery in any areas or zones in Canada and outside that offshore area or at any points of export from the offshore area and in that 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 gas produced, extracted, recovered or manufactured in a province apply, with such modifications as the circumstances require, in respect of gas produced, extracted, recovered or manufactured in the offshore area as if the offshore area were a province of production.

  • Marginal note:How prescribed price established

    (4) For the purpose of establishing prices pursuant to subsection (1) or section 42, the Governor in Council shall have regard to such matters as he deems requisite from time to time to achieve the purpose of this Part including

    • (a) transportation and other costs applicable to the movement of gas;

    • (b) the kinds of gas produced, extracted, recovered or manufactured in Canada;

    • (c) the prices of alternative fuels in interprovincial markets; and

    • (d) the probable effect on the producers and consumers in Canada of establishing prescribed prices for the various kinds of gas.

  • R.S., 1985, c. E-6, s. 40;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 164(E).
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