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

Act current to 2019-11-19 and last amended on 2019-08-28. Previous Versions

PART VICanadian Ownership Provisions (continued)

DIVISION IICanadian Ownership Account (continued)

Marginal note:Tabling order

  •  (1) An order of the Governor in Council under subsection 71(3) shall be laid before Parliament not later than the fifteenth sitting day of Parliament after it is made.

  • Marginal note:Coming into force of order

    (2) An order referred to in subsection (1) shall come into force on the twentieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection unless, before that time,

    • (a) a motion for the consideration of the House of Commons to the effect that the order be confirmed, signed by a minister of the Crown, is filed with the Speaker of the House of Commons; or

    • (b) if no motion has been filed under paragraph (a), a motion for the consideration of the House of Commons to the effect that the order be revoked signed by not less than thirty members of the House of Commons is filed with the Speaker of the House of Commons.

  • Marginal note:Consideration of motion by the House of Commons

    (3) Where a motion for the consideration of the House of Commons is filed as provided in subsection (2), the House of Commons shall, not later than the sixth sitting day of Parliament following the filing of the motion, take up and consider the motion.

  • Marginal note:Time for disposition of motion

    (4) A motion taken up and considered in accordance with subsection (3) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the House of Commons shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

  • 1980-81-82-83, c. 114, s. 39

Marginal note:If affirmative motion is not adopted by the House of Commons

 If a motion described in paragraph 72(2)(a) is taken up and considered by the House of Commons in accordance with subsection 72(3) but is not adopted by that House, the particular order to which the motion relates shall stand revoked.

  • 1980-81-82-83, c. 114, s. 39

Marginal note:If negative motion is adopted by the House of Commons

 If a motion described in paragraph 72(2)(b) is adopted by the House of Commons, the particular order to which the motion relates shall stand revoked.

  • 1980-81-82-83, c. 114, s. 39

Marginal note:If affirmative motion is adopted by the House of Commons

  •  (1) If a motion described in paragraph 72(2)(a) is taken up and considered by the House of Commons in accordance with subsection 72(3) and is adopted by that House, a message shall be sent from the House of Commons informing the Senate that the motion has been so adopted and requesting that the motion be concurred in by the Senate.

  • Marginal note:Consideration of motion by the Senate

    (2) Where a request for concurrence in a motion is made to the Senate pursuant to subsection (1), the Senate shall, not later than the fifth sitting day of Parliament following the receipt by the Senate of the request, take up and consider the motion.

  • Marginal note:Time for disposition of motion

    (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the Senate shall forthwith, without further debate or amendment, put every question necessary to determine whether or not the motion in question is concurred in.

  • Marginal note:If motion is concurred in

    (4) If a motion taken up and considered in accordance with subsection (2) is concurred in by the Senate, the particular order to which the motion relates comes into force immediately on the concurrence therein.

  • Marginal note:If motion is not concurred in

    (5) If a motion taken up and considered in accordance with subsection (2) is not concurred in by the Senate, the particular order to which the motion relates shall stand revoked.

  • 1980-81-82-83, c. 114, s. 39

Marginal note:If negative motion is not adopted by the House of Commons

  •  (1) If a motion described in paragraph 72(2)(b) is taken up and considered by the House of Commons in accordance with subsection 72(3) but is not adopted by that House, the particular order to which the motion relates shall come into force on the fifth sitting day of Parliament after the failure of the House of Commons to adopt the motion unless before that day a motion to the effect that the order be revoked, signed by not less than fifteen members of the Senate, is filed with the Speaker of the Senate.

  • Marginal note:Consideration of motion by the Senate

    (2) Where a motion for the consideration of the Senate is filed as provided in subsection (1), the Senate shall, not later than the sixth sitting day of Parliament following the filing of the motion, take up and consider the motion.

  • Marginal note:Time for disposition of motion

    (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the Senate shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

  • Marginal note:If motion adopted

    (4) If a motion taken up and considered in accordance with subsection (2) is adopted by the Senate, the particular order to which the motion relates shall stand revoked.

  • Marginal note:If motion not adopted

    (5) If a motion taken up and considered in accordance with subsection (2) is not adopted by the Senate, the particular order to which the motion relates comes into force immediately on the failure of the Senate to adopt the motion.

  • 1980-81-82-83, c. 114, s. 39

Marginal note:Revocation on prorogation or dissolution of Parliament

 An order of the Governor in Council under subsection 71(3) that has been laid before Parliament but has not come into force shall stand revoked on the dissolution or prorogation of Parliament.

  • 1980-81-82-83, c. 114, s. 39

Definition of sitting day of Parliament

 For the purposes of this Division, sitting day of Parliament means a day on which either House of Parliament sits.

  • 1980-81-82-83, c. 114, s. 39

PART VIICost Compensation

Definition of prescribed

 In this Part, prescribed means prescribed by regulations made under this Part.

  • 1974-75-76, c. 47, s. 66
  • 1977-78, c. 24, s. 7
  • 1980-81-82-83, c. 114, s. 41

DIVISION IPetroleum Compensation

Interpretation

Marginal note:Definitions

 In this Division,

compensation

compensation means the amount that may be paid pursuant to this Division to a person in respect of a type of petroleum; (indemnité)

petroleum

petroleum means any hydrocarbon or mixture of hydrocarbons other than gas and includes any product designated as a petroleum product by regulations made under section 84. (pétrole)

  • 1974-75-76, c. 47, s. 71
  • 1980-81-82-83, c. 114, s. 42

Payment of Compensation

Marginal note:Compensation on application

 On application therefor to the Minister by a person who establishes that, pursuant to any regulations made under this Division, he qualifies for compensation in respect of a quantity of a prescribed quality or kind of petroleum, the Minister may authorize the payment to that person, on such terms and conditions as the Minister may in accordance with the regulations impose, of compensation in an amount determined by the Minister in accordance with the regulations.

  • 1974-75-76, c. 47, s. 72
  • 1977-78, c. 24, s. 2
  • 1980-81-82-83, c. 114, s. 42

Marginal note:Special compensation in hardship cases

 Where, on application for compensation made to the Minister by an applicant, it appears to the Minister that the strict application of this Division or the regulations thereunder will, in all the circumstances of the case, result in financial hardship to the applicant, the Minister may, subject to the regulations, authorize special compensation to be paid to that applicant toward the relief of all or part of that hardship, subject to any terms or conditions that the Minister may impose.

  • 1974-75-76, c. 47, s. 73
  • 1980-81-82-83, c. 114, s. 42

Marginal note:Recovery

 Where a person receives a payment under this Division as or on account of compensation to which he is not entitled or in an amount in excess of the amount to which he is entitled, or where a payment is made in circumstances in which a term or condition has been imposed under the regulations and the term or condition has not been met or has been contravened, the amount of the payment or excess, as the case may be, is a debt due to Her Majesty in right of Canada and may be recovered as such from the person in any court of competent jurisdiction or may be retained in whole or in part out of any amount payable to the person under this Act.

  • 1974-75-76, c. 47, s. 74
  • 1980-81-82-83, c. 114, s. 42
 
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