Extractive Sector Transparency Measures Act (S.C. 2014, c. 39, s. 376)

Act current to 2018-09-26 and last amended on 2015-06-01. Previous Versions

Obligations (continued)

Reporting Payments (continued)

Marginal note:Substitution

  •  (1) If, in the Minister’s opinion, and taking into account any additional conditions that he or she may impose, the payment reporting requirements of another jurisdiction achieve the purposes of the reporting requirements under this Act, the Minister may determine that the requirements of the other jurisdiction are an acceptable substitute for those set out in section 9. The determination is to be in writing and made available to the public in the manner that the Minister considers appropriate.

  • Marginal note:Provision of substitute report

    (2) If the Minister has determined that the requirements of a jurisdiction are an acceptable substitute, an entity that is subject to those requirements is deemed to have provided a report in accordance with section 9 if the entity

    • (a) provides the report required by the jurisdiction to the jurisdiction’s competent authority;

    • (b) provides a copy of that report to the Minister, in the form and manner that he or she specifies, within any period specified in the jurisdiction’s reporting requirements for providing the report to the competent authority; and

    • (c) meets any conditions imposed by the Minister under subsection (1).

Marginal note:Wholly owned subsidiary — consolidated report

 If an entity and any wholly owned subsidiary of the entity are entities referred to in subsection 8(1), the subsidiary is deemed to have provided a report in accordance with section 9 for a financial year if

  • (a) the entity provides the Minister with a report with respect to its payments in accordance with section 9 that also contains information with respect to the payments made by the subsidiary during the subsidiary’s financial year or any part of that year, which information must meet the reporting requirements of section 9;

  • (b) not later than 150 days after the end of its financial year, the subsidiary notifies the Minister in writing that the entity is providing the report; and

  • (c) the subsidiary provides the Minister with a report in accordance with section 9 with respect to payments that it has made during any part of its financial year that is not covered by the report provided by the entity.

Marginal note:Accessibility of report

  •  (1) An entity must, on providing the Minister with a report in accordance with section 9 — or on being deemed to have done so by the operation of subsection 10(2) or section 11 — make any information required by regulations made under paragraph 23(1)(f) available to the public or, if no such regulation is made, make the report and any information provided to the Minister under paragraph 10(2)(c) available to the public.

  • Marginal note:Manner and period

    (2) The report and information must be made available to the public

    • (a) in the manner specified by the Minister; and

    • (b) for the period prescribed by regulation or, if no period is prescribed, for a period of five years.

Record Keeping

Marginal note:Records

 An entity must keep records of its payments made in a financial year for a prescribed period or, if no period is prescribed, for a seven-year period that begins on the day on which the entity provides the report in accordance with section 9 for the financial year or is deemed to have done so by the operation of subsection 10(2) or section 11.

Administration and Enforcement

Information and Independent Audit

Marginal note:Order — required information

  •  (1) For the purpose of verifying compliance with this Act, the Minister may, by order, require an entity to provide to him or her, within the period specified in the order, any information or documents, including

    • (a) a list of projects for the commercial development of oil, gas, or minerals in which the entity has an interest and the nature of that interest;

    • (b) an explanation of how the entity has treated a payment for the purpose of preparing a report referred to in subsection 9(1) or meeting the requirements set out in paragraphs 10(2)(a) to (c);

    • (c) a statement of any policies that the entity has implemented for the purpose of meeting its obligations under this Act; and

    • (d) the results of an audit of its report or of the records of payments for the financial year to which the report relates.

  • Marginal note:Audit

    (2) The audit is to be carried out in accordance with the generally accepted auditing standards specified in the order by an independ­ent auditor who meets the requirements specified in it.

  • Marginal note:Non-application of Statutory Instruments Act

    (3) The Statutory Instruments Act does not apply to an order referred to in subsection (1).

Designation

Marginal note:Designation

 The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of this Act.

Designated Person’s Powers

Marginal note:Entry into a place

  •  (1) A designated person may, for a purpose related to verifying compliance with this Act, enter any place in which the person has reasonable grounds to believe there is anything to which this Act applies or any document relating to the administration of this Act.

  • Marginal note:Powers on entry

    (2) The designated person may, for the purpose referred to in subsection (1),

    • (a) examine anything in the place including any document;

    • (b) use any means of communication in the place or cause it to be used;

    • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it, or reproduce the data, or cause it to be reproduced, in the form of a printout or other intelligible output and remove any printout or output for examination or copying;

    • (d) prepare a document, or cause one to be prepared, based on the data;

    • (e) use any copying equipment in the place, or cause it to be used;

    • (f) take photographs or make recordings or sketches of anything in the place;

    • (g) direct any person to put any equipment in the place into operation or to cease operating it;

    • (h) prohibit or limit access to all or part of the place or to anything in the place; and

    • (i) remove anything from the place for the purpose of examination.

  • Marginal note:Persons accompanying designated person

    (3) The designated person may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Assistance

    (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the designated person to exercise their powers or perform their duties or functions under this section and is to provide any documents or information, and access to any data, that is reasonably required for that purpose.

Marginal note:Warrant to enter dwelling-house

  •  (1) If the place referred to in subsection 16(1) is a dwelling-house, the designated person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 16(1);

    • (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

Marginal note:Obstruction

 A person must not obstruct or hinder a person who is exercising powers or performing duties or functions under this Act.

Order — Corrective Measures

Marginal note:Minister’s power

  •  (1) If, on the basis of information obtained under section 14 or 16, the Minister is of the opinion that an entity is not in compliance with section 9 or 12, the Minister may, by order, require the entity to take measures that he or she considers to be necessary to ensure compliance with those provisions.

  • Marginal note:Non-application of Statutory Instruments Act

    (2) The Statutory Instruments Act does not apply to an order referred to in subsection (1).

 
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