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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 IVDomestic Gas (continued)

Offences and Punishment (continued)

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

Marginal note:Administration

 The Board shall administer this Part on behalf of the Minister and shall perform such other duties and functions as the Minister may assign to it.

  • 1974-75-76, c. 47, s. 65

PART VPetroleum Compensation Charge

Marginal note:Definitions

 In this Part,

domestic petroleum

domestic petroleum means petroleum from a natural reservoir in Canada and petroleum produced, extracted, recovered or manufactured in Canada otherwise than from a natural reservoir; (pétrole domestique)

foreign petroleum

foreign petroleum means petroleum other than domestic petroleum; (pétrole étranger)

import

import has the same meaning as it has for the purposes of the Customs Act; (importer)

petroleum

petroleum means any hydrocarbon or mixture of hydrocarbons other than gas; (pétrole)

petroleum product

petroleum product means a product that is designated as a petroleum product by regulations under paragraph 64(a). (produit pétrolier)

  • R.S., 1985, c. E-6, s. 56
  • R.S., 1985, c. 1 (2nd Supp.), s. 213

Marginal note:Imposition of charge

  •  (1) There shall be imposed, levied and collected on

    • (a) each cubic metre of domestic petroleum received for processing or consumption in Canada, and

    • (b) each cubic metre of foreign petroleum or petroleum product imported into Canada for processing, consumption, sale or other use in Canada,

    in any month or part of a month a charge in such amount not exceeding seventy-five dollars per cubic metre as may be prescribed in a tariff of charges for that month or part of a month made by order of the Governor in Council on the recommendation of the Minister and the Minister of Finance.

  • Marginal note:Tariff of charges

    (2) A tariff of charges under subsection (1) may set out the charge applicable in respect of any or all of the various kinds or qualities of petroleum, or petroleum products, petroleum or petroleum products from any source, any or all destinations for petroleum or petroleum products and such other factors or circumstances as are specified in the tariff.

  • 1980-81-82-83, c. 114, s. 31

Marginal note:By whom charge payable

  •  (1) A charge imposed under this Part is payable to the Minister by

    • (a) the processor or consumer, as the case may be, in the case referred to in paragraph 57(1)(a); or

    • (b) the importer, in the case referred to in paragraph 57(1)(b).

  • Marginal note:Tariff continues

    (2) Where a tariff of charges on petroleum or petroleum products is prescribed in respect of any month or part of a month under subsection 57(1), that tariff of charges shall continue in respect of each subsequent month until changed pursuant to subsection 57(1) by order of the Governor in Council in respect of a subsequent month or part of a month.

  • 1977-78, c. 24, s. 1
  • 1980-81-82-83, c. 114, s. 31

Marginal note:Monthly return

  •  (1) Every person required by this Part to pay a charge shall make each month a true return, in such form and containing such information as the regulations require, of his

    • (a) receipt of domestic petroleum for processing or consumption in Canada, or

    • (b) importation of foreign petroleum and petroleum products,

    or both, as the case may be, for the last preceding month.

  • Marginal note:Date of filing and payment

    (2) The return required by this section shall be filed with the Minister and the charge payable shall be paid to him not later than the last day of the first month succeeding that in which

    • (a) the domestic petroleum was received for processing or consumption in Canada, or

    • (b) the foreign petroleum or petroleum product was imported,

    as the case may be.

  • Marginal note:Penalty on default

    (3) On default in payment of the charge or any portion thereof payable under this Part within the time prescribed by subsection (2), there shall be paid in addition to the amount of the default a penalty equal to the greater of

    • (a) one per cent of the amount of default, and

    • (b) the percentage, if any, prescribed by regulations made under section 64, of the amount of default,

    in respect of each month or part of a month during which the default continues.

  • Marginal note:Extension of time

    (4) The Minister may, before or after the day prescribed by subsection (2), specify in writing a later day for the filing of a return or the payment of the charge or any portion thereof and in that case,

    • (a) no penalty shall accrue or shall be deemed to have accrued under subsection (3) prior to the later day in respect of default in payment of the charge or portion thereof for the payment of which the later day was specified; and

    • (b) failure to pay, on or before the later day, the charge or portion thereof for the payment of which a later day was specified constitutes a default for the purposes of subsection (3).

  • 1977-78, c. 24, s. 1
  • 1980-81-82-83, c. 114, s. 33
 
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