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

Act current to 2014-11-25 and last amended on 2005-12-12. Previous Versions

Marginal note:Offence by employee or agent

 In a prosecution for an offence under this Part, it is sufficient proof of the offence to show that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that he exercised all due diligence to prevent its commission.

  • 1974-75-76, c. 47, s. 59.
Marginal note:Continuing offence

 Where an offence under this Part is committed on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

  • 1974-75-76, c. 47, s. 60.
Marginal note:Limitation period

 Any proceedings by way of summary conviction in respect of an offence under this Part may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.

  • 1974-75-76, c. 47, s. 61.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the records, books of account or other documents that are to be kept by any person who purchases or sells any gas or who engages in any transaction described in section 43 and the form and contents of the information to be maintained in those records, books of account and documents;

  • (b) prescribing the place in Canada where such records, books of account or other documents as are prescribed by the regulations are to be kept;

  • (c) respecting the determination of the value of gas in circumstances where no consideration, or no consideration in money, is given therefor;

  • (d) respecting the approval by the Board of prices paid to acquire gas from within its province of production for movement out of that province; and

  • (e) providing for any matter or thing necessary to effect the purpose of this Part.

  • 1974-75-76, c. 47, s. 62.

General

Marginal note:Conflict

 In the event of a conflict between any price prescribed under this Part and any price established under Part IV of the National Energy Board Act, the prescribed price under this Act prevails.

  • 1974-75-76, c. 47, s. 63.
Marginal note:Distributing excess
  •  (1) Where in any month gas that is purchased or otherwise acquired in or from its province of production is transported and resold by the purchaser thereof in any areas or zones in Canada outside its province of production or at any points of export from Canada, the purchaser shall, in respect of each such month, distribute to producers, in accordance with such regulations as the Governor in Council may make in that behalf, an amount equal to the excess of

    • (a) the total revenues received by the purchaser for the gas so resold in that month

    over

    • (b) the purchaser’s cost of service, as determined by the Board, in respect of the gas so resold in that month, including the purchaser’s cost of gas.

  • Marginal note:Idem

    (2) Where in any month gas that is purchased or otherwise acquired in or from its province of production is transported from that province for delivery in any areas or zones in Canada outside its province of production or at any points of export from Canada by a person other than its purchaser, the purchaser shall, in respect of each such month, distribute to producers, in accordance with such regulations as the Governor in Council may make in that behalf, an amount equal to the excess of

    • (a) the total value, as determined by the Board, of the purchaser’s gas delivered in that month in those areas or zones outside its province of production or at those points of export from Canada

    over

    • (b) the purchaser’s cost, as determined by the Board, in respect of the acquisition and transportation of that gas to its point of delivery in that month.

  • Marginal note:Cost of gas

    (3) For the purposes of this section, the cost of gas shall be computed, if approved by the Board, by using prices payable at the well-head to producers of gas or shall be computed by such other means as the Board may prescribe.

  • Marginal note:Determining other costs

    (4) In determining a purchaser’s cost of service for the purposes of subsection (1) or a purchaser’s cost in respect of the acquisition and transportation of gas for the purposes of subsection (2), the Board shall be governed by the principles applied by it in determining those costs for the purposes of making orders with respect to traffic, tolls or tariffs under Part IV of the National Energy Board Act.

  • 1974-75-76, c. 47, s. 64;
  • 1980-81-82-83, c. 114, s. 28.