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

Marginal note:Agreement with province

85 Subject to the approval of the Governor in Council, the Minister may enter into an agreement with the government of a province to pay to the province in accordance with the terms of the agreement, moneys to be used by the province to make payments in accordance with the terms of the agreement to persons in the province who are eligible to receive payments from the province in respect of qualities or kinds of petroleum, and in such case no compensation under this Division shall be paid to a person who is, under the agreement, eligible to receive a payment from the province in respect of those qualities or kinds of petroleum.

Petroleum Compensation Accounting

Marginal note:Expenditures

• 86 (1) The Minister may make expenditures out of the Consolidated Revenue Fund for the payment of the following amounts:

  • (a) the amounts required to be refunded or paid to a person under Part V; and

  • (b) the amounts payable pursuant to this Division as or on account of compensation or an agreement referred to in section 85.

• Marginal note:Idem

  (2) In addition to any amount appropriated by Parliament for any of the purposes mentioned in subsection (1), the Minister may spend, for the purposes mentioned in that subsection,

  • (a) any amount received in respect of such portion of the oil export charge payable under Part I as may be designated by order of the Governor in Council to be for the purposes of paying compensation under this Part; and

  • (b) any amount received in respect of any charge payable under Part V.

• Marginal note:Appropriation

  (3) In addition to any amount appropriated by Parliament for the purposes mentioned in subsection (1), there is hereby appropriated for those purposes in respect of each fiscal year the sum of five hundred million dollars.

• Marginal note:Limit on expenditures

  (4) The aggregate of expenditures made in any fiscal year under this section shall not exceed the aggregate of

  • (a) amounts received in that fiscal year in respect of the portion of the oil export charge designated pursuant to paragraph (2)(a);

  • (b) amounts received in that fiscal year in respect of any charge payable under Part V;

  • (c) the sum referred to in subsection (3); and

  • (d) such additional amount, if any, as is appropriated by Parliament for any of the purposes mentioned in subsection (1) for that fiscal year.

• Marginal note:Report

  (5) Within three months after the end of each fiscal year, the Minister shall cause to be prepared a report in respect of that year of all revenues and expenditures referred to in this section and shall cause the report to be laid before Parliament on any of the first fifteen days that either House of Parliament sits after the report has been prepared.

DIVISION IIPetroleum Supplies Transfer Compensation

Interpretation

Marginal note:Definitions

87 In this Division,

Board

Board means the Minister or such agent of Her Majesty in right of Canada as may be designated by the Minister to be charged with the administration of the compensation program under this Division; (Office)

petroleum

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

petroleum product

petroleum product means a product that is designated as a petroleum product by regulations under section 94; (produit pétrolier)

supplier

supplier means a person who deals in petroleum and pays the costs of transporting oil in bulk quantities. (fournisseur)

Direction of Governor in Council to Board

Marginal note:Direction to Board

88 For the purpose of ensuring sufficient supplies of petroleum in all areas of Canada at price levels that are as uniform as practicable, the Governor in Council on the recommendation of the Minister may, by order, direct the Board to exercise its powers and perform its duties under this Division to remove a shortage in the supply of any particular kind of petroleum in an area of Canada.

Compensation

Marginal note:Notice to compensate

89 Where any particular kind of petroleum is in short supply in an area of Canada, the Board may give public notice in prescribed manner that it will recommend compensation under this Division to suppliers who deliver that kind of petroleum into that area within the period specified by the Board in its notice.

Marginal note:Authorizing compensation

90 On application therefor to the Board by a supplier who establishes that he delivered into an area a quantity of the kind of petroleum that was in short supply in that area and that the petroleum was delivered into that area within the period specified by the Board, the Board may, subject to this Division and the regulations, authorize the payment to the supplier of compensation pursuant to this Division.

Marginal note:Amount of compensation

91 The amount of any compensation that may be authorized by the Board to be paid to a supplier shall be such amount, determined by the Board in accordance with the regulations, as would compensate the supplier for the transportation costs incurred by him in delivering petroleum to an area in Canada that exceed the usual costs, as determined by the Board in accordance with the regulations, of delivering petroleum into that area from the usual sources therefor.

Marginal note:How payment made

92 Where the Board authorizes the payment of compensation under this Division to a supplier, the amount so authorized shall be paid on the requisition of the Minister.

Marginal note:Recovery

93 Where a person has received a payment under this Division as compensation to which he is not entitled or in an amount in excess of the amount to which he is entitled, the amount thereof or the excess amount, as the case may be, may be recovered from that person at any time as a debt due to Her Majesty in right of Canada or may be retained in whole or in part out of any subsequent compensation payable to that person under any provision of this Act.

Regulations

Marginal note:Regulations

94 The Governor in Council may make regulations

• (a) prescribing the matters that are to be taken into account in considering whether a supplier qualifies for compensation under this Division;

• (b) prescribing the manner in which the Board may give public notice under section 89;

• (c) prescribing when an area of Canada is to be considered in short supply of any kind of petroleum;

• (d) prescribing the manner in which transportation costs are to be determined for the purposes of this Part in respect of petroleum delivered to areas of Canada from other areas of Canada or from elsewhere and prescribing the manner of determining the usual costs of delivering similar amounts of petroleum thereto from usual sources of supply for that petroleum;

• (e) respecting the determination of the amount of any compensation and the deductions and hold-backs to be made in connection therewith;

• (f) respecting the information to be submitted with applications for compensation or to be required for purposes of those applications;

• (g) designating as a petroleum product any substance resulting from the processing or refining of hydrocarbons or coal if that substance

  • (i) is asphalt or a lubricant, or

  • (ii) is a suitable source of energy by itself or when it is combined or used in association with something else; and

• (h) generally, respecting any matter or thing necessary to effect the purposes of this Division.

PART VIIIGeneral

Marginal note:Returns of information

• 95 (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.

Marginal note:Authority for entry on premises

• 96 (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.

Marginal note:Copies of documents

97 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.