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

Act current to 2019-07-01 and last amended on 2005-12-12. Previous Versions

PART VIIIGeneral

Marginal note:Returns of information

  •  (1) For the purposes of this Act, the Minister may,

    • (a) by notice in writing, require any person, and in the case of a corporation any officer thereof, to make to him, within a time stated in the notice, a written return, under oath if so required by the notice, showing in detail such information with respect to the affairs of the person named in the notice as is by the notice required and as is relevant for the purposes of this Act;

    • (b) authorize any person designated to carry out investigations under this Act by the Minister to enter any premises in which that person has reason to believe that there may be evidence of a contravention of this Act, to examine anything on the premises and to examine and to copy or take away for further examination or copying any record, book, paper or other document found thereon that in his opinion may afford such evidence;

    • (c) direct any person designated to carry out investigations under this Act by the Minister to inspect any record, book, paper or other document taken away for further examination under paragraph (b); and

    • (d) have copies, pictures or other reproductions made of any record, book, paper or other document referred to in paragraph (c).

  • Marginal note:Return of original or copy of documents

    (2) The original or a copy of any record, book, paper or other document taken away under paragraph (1)(b) shall be returned to the person from whose custody it was taken within twenty-one days after it was taken or within such longer period as is directed by a judge of a superior, county or district court for cause or agreed to by a person who is entitled to its return.

  • Marginal note:Notice of application for extension of time

    (3) An application to a judge mentioned in subsection (2) for a direction under that subsection shall be made on notice to the person from whose custody the record, book, paper or other document was taken.

  • Marginal note:Designation of persons

    (4) The Minister may designate any person to carry out investigations under this Act and shall furnish any person so designated with a certificate of his designation.

  • 1974-75-76, c. 47, s. 89

Marginal note:Authority for entry on premises

  •  (1) A person designated by the Minister to carry out investigations under this Act shall, before exercising the power conferred by paragraph 95(1)(b), produce to an occupant of the premises

    • (a) his certificate of designation; and

    • (b) a certificate from the Minister authorizing the exercise of that power.

  • Marginal note:Duty of persons in control of premises

    (2) Every person who is in possession or control of any premises mentioned in paragraph 95(1)(b) shall, on compliance with subsection (1) by a person designated by the Minister to carry out investigations under this Act, permit the person so designated to enter the premises, to examine anything on the premises and to copy or take away any record, book, paper or other document found thereon.

  • Marginal note:Application to court

    (3) Where a person acting under paragraph 95(1)(b) is refused admission or access to any premises or to anything thereon or where any such person has reasonable grounds to believe that admission or access will be refused, a judge of a superior, county or district court, on ex parte application by that person, may by order direct a peace officer to take such steps as to the judge seem necessary to give that person such admission or access.

  • Marginal note:Grounds on which judge may act

    (4) A judge mentioned in subsection (3) may act under that subsection where he is satisfied that there are reasonable grounds for entering the premises to which the application relates and that admission or access has been refused or that there are reasonable grounds for believing that admission or access will be refused, as the case may be.

  • 1974-75-76, c. 47, s. 90

Marginal note:Copies of documents

 A document purporting to be certified by the Minister to be a copy of a record, book, paper or other document made pursuant to paragraph 95(1)(b) or (d) is admissible in evidence in any prosecution for an offence under this Act and is, in the absence of evidence to the contrary, proof of the contents thereof.

  • 1974-75-76, c. 47, s. 91

Marginal note:Communication of privileged information

  •  (1) Subject to this section, all information with respect to a person or business obtained by any person in the course of the administration of this Act is privileged and no person shall knowingly, except as provided in this Act, communicate or allow to be communicated to any person not legally entitled thereto any such information or allow any person not legally entitled thereto to inspect or have access to any such information.

  • Marginal note:Exception where request in writing

    (2) Any information with respect to a person or business obtained by any person in the course of the administration of this Act may, on request in writing to the Minister by or on behalf of the person to which it relates or by or on behalf of the person or group of persons carrying on the business to which it relates, be communicated to any person or authority named in the request on such terms and conditions and under such circumstances as are approved by the Minister.

  • Marginal note:Evidence and production of documents

    (3) Notwithstanding any other Act or law, no person employed in the administration of this Act shall be required, in connection with any legal proceedings, to give evidence relating to any information that is privileged under subsection (1) or to produce any statement or other writing containing that information.

  • Marginal note:Application of subsections (1) and (3)

    (4) Subsections (1) and (3) do not apply in respect of legal proceedings relating to the administration or enforcement of this Act.

  • 1974-75-76, c. 47, s. 92
 
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