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

Act current to 2016-08-15 and last amended on 2012-03-16. Previous Versions

Enforcement

Marginal note:Offence
  •  (1) A person who wilfully contravenes a regulation under this Act is guilty of an offence and liable

    • (a) on summary conviction to a fine not exceeding one thousand dollars; or

    • (b) on conviction on indictment to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years or to both.

  • Marginal note:Offence

    (2) A person who wilfully contravenes an order of the Canadian Transportation Agency or the National Energy Board made pursuant to a direction of the Energy Supplies Allocation Board under this Act is guilty of an offence and liable

    • (a) on summary conviction to a fine not exceeding ten thousand dollars; or

    • (b) on conviction on indictment to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding two years or to both.

  • Marginal note:Continuing offence

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

  • Marginal note:Limitation period

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

  • R.S., 1985, c. E-9, s. 41;
  • R.S., 1985, c. 28 (3rd Supp.), s. 359;
  • 1996, c. 10, s. 221.
Marginal note:Injunctions and orders
  •  (1) When it appears to the Board that a person or an organization has engaged in, is engaged in or is about to engage in any acts or practices in contravention of a provision of a regulation made under this Act or in contravention of a decision or an order made by the Canadian Transportation Agency or the National Energy Board under a direction given under this Act, the Board may request the Attorney General of Canada to bring an action in a superior court to enjoin those acts or practices.

  • Marginal note:Power of court

    (2) The court before which an action is brought under this section may

    • (a) grant a temporary restraining order or an interlocutory injunction;

    • (b) order any person to comply with a regulation under this Act or any decision or order of the Canadian Transportation Agency or the National Energy Board that is made pursuant to a direction given under this Act; and

    • (c) make such other order as may be deemed necessary to effect compliance with a regulation under this Act.

  • R.S., 1985, c. E-9, s. 42;
  • R.S., 1985, c. 28 (3rd Supp.), s. 359;
  • 1996, c. 10, s. 222;
  • 2002, c. 8, s. 136.

PART IVOther Provisions

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty.

  • 1978-79, c. 17, s. 33.
Marginal note:Termination of programs
  •  (1) Subject to this section, a mandatory allocation program terminates with the end of the eleventh month following the month in which the program came into force.

  • Marginal note:Earlier termination

    (2) A mandatory allocation program may be terminated by order of the Governor in Council on a day earlier than that prescribed under subsection (1).

  • Marginal note:Extension of program periods

    (3) A mandatory allocation program may be extended beyond its termination date, from time to time, by an order made by the Governor in Council for that purpose but that order shall not extend a mandatory allocation program for any one period in excess of twelve months.

  • (4) and (5) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 72]

  • R.S., 1985, c. E-9, s. 44;
  • R.S., 1985, c. 22 (4th Supp.), s. 72.
Marginal note:Consultation

 Before the Governor in Council makes an order under section 15, 19, 20, 22, 29 or 44, the lieutenant governor in council of each province shall be consulted with respect to the proposed order to the extent that, in the opinion of the Governor in Council, it is practicable to do so in the circumstances.

  • R.S., 1985, c. 22 (4th Supp.), s. 73.
Marginal note:Tabling in Parliament when sitting
  •  (1) Subject to subsection (4), a motion for confirmation of an order made under section 15, signed by a minister of the Crown, together with an explanation of the reasons for making the order and a report on any consultation with the lieutenant governors in council of the provinces with respect to the order, shall be laid before each House of Parliament within seven sitting days after the order is made.

  • Marginal note:Summoning Parliament or House

    (2) If an order is made under section 15 during a prorogation of Parliament or when either House of Parliament stands adjourned, Parliament or that House, as the case may be, shall be summoned forthwith to sit within seven days after the order is made.

  • Marginal note:Summoning Parliament

    (3) If an order is made under section 15 at a time when the House of Commons is dissolved, Parliament shall be summoned to sit at the earliest opportunity after the order is made.

  • Marginal note:Tabling in Parliament after summoned

    (4) Where Parliament or a House of Parliament is summoned to sit in accordance with subsection (2) or (3), the motion, explanation and report described in subsection (1) shall be laid before each House of Parliament or that House of Parliament, as the case may be, on the first sitting day after Parliament or that House is summoned.

  • Marginal note:Consideration

    (5) Where a motion is laid before a House of Parliament as provided in subsection (1) or (4), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.

  • Marginal note:Vote

    (6) A motion taken up and considered in accordance with subsection (5) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

  • Marginal note:Revocation of order

    (7) If a motion for confirmation of an order is negatived by either House of Parliament, the order is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.

  • R.S., 1985, c. 22 (4th Supp.), s. 73.
Marginal note:Motion for revocation
  •  (1) Where a motion, for the consideration of the Senate or the House of Commons, to the effect that an order made under section 15 be revoked, signed by not less than ten members of the Senate or twenty members of the House of Commons, as the case may be, is filed with the Speaker thereof, that House of Parliament shall take up and consider the motion within three sitting days after it is filed.

  • Marginal note:Vote

    (2) A motion taken up and considered in accordance with subsection (1) shall be debated without interruption for not more than ten hours and, on the expiration of the tenth hour or at such earlier time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

  • Marginal note:Revocation of order

    (3) If a motion debated in accordance with subsection (2) is adopted by the House, the order is revoked effective on the day specified in the motion, which day may not be earlier than the day of the vote adopting the motion.

  • R.S., 1985, c. 22 (4th Supp.), s. 73.
Marginal note:Tabling in Parliament
  •  (1) A motion for confirmation of an order made under section 19, 20, 22, 29 or 44, signed by a minister of the Crown, together with an explanation of the reasons for making the order and a report on any consultation with the lieutenant governors in council of the provinces with respect to the order, shall be laid before each House of Parliament within seven sitting days after the order is made.

  • Marginal note:Consideration

    (2) Where a motion is laid before a House of Parliament as provided in subsection (1), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.

  • Marginal note:Vote

    (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

  • Marginal note:Revocation of order

    (4) If a motion for confirmation of an order is negatived by either House of Parliament, the order is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.

  • R.S., 1985, c. 22 (4th Supp.), s. 73.
 
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