Energy Supplies Emergency Act (R.S.C., 1985, c. E-9)

Act current to 2016-05-12 and last amended on 2012-03-16. Previous Versions

Marginal note:Status of Board
  •  (1) The members of the Board and any persons engaged under subsection 5(2) shall be deemed to be persons employed in the federal public administration.

  • Marginal note:Non-application of P.S.E.A. to certain persons

    (2) Persons engaged by the Board under subsection 5(2) shall be deemed not to form part of the public service for the purposes of the Public Service Employment Act.

  • R.S., 1985, c. E-9, s. 8;
  • 2003, c. 22, ss. 224(E), 225(E).
Marginal note:By-laws

 Subject to this Act, the Board may make by-laws generally for carrying out the work of the Board and respecting the manner of conducting the business of the Board, the management of its affairs and the duties of its employees.

  • 1978-79, c. 17, s. 9;
  • 1980-81-82-83, c. 112, s. 46.
Marginal note:Delegation
  •  (1) The Board may in writing authorize one or more of its members or a senior officer of the Board to exercise and perform on behalf of the Board any of the powers or duties of the Board under this Act except the powers or duties of the Board relating to the making of regulations or orders.

  • Marginal note:Idem

    (2) The Board may by order delegate, in whole or in part, to any person, body or authority any of the powers or duties of the Board arising out of any regulation under this Act, and that person, body or authority may exercise the powers and shall perform the duties so delegated.

  • 1978-79, c. 17, s. 9;
  • 1980-81-82-83, c. 112, s. 46.
Marginal note:Duties
  •  (1) Subject to this Act and any directions to the Board issued by the Governor in Council under the authority of this Act, the Board may exercise such powers and shall perform such duties as may be conferred or imposed on it under this Act; and during any period in which the Board is not required to administer any mandatory allocation program or rationing program under this Act, it shall prepare, review and maintain contingency plans in readiness to exercise such powers and perform such duties as may be conferred or imposed on it pursuant to this Act.

  • Marginal note:Continuing studies and reports

    (2) The Board shall study and keep under review all matters relevant to a full understanding of the international petroleum supply situation and shall from time to time report thereon to the Minister of Natural Resources together with such recommendations as appear to the Board to be appropriate and relevant to ensuring that Canada is fully prepared to meet any petroleum supply emergency with well prepared and timely plans for action.

  • R.S., 1985, c. E-9, s. 11;
  • 1994, c. 41, s. 37.
Marginal note:International Energy Agency representative

 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).
Marginal note:Protection from personal liability
  •  (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.

  • Marginal note: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.
Marginal note:Instructions and reports
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

PART IMandatory Allocation of Supplies

Marginal note:Declaring national emergency
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 67]

Marginal note:Mandatory allocation program
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Amending program
  •  (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.

  • Marginal note: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.

 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 68]

 
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