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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 VIICost Compensation (continued)

DIVISION IPetroleum Compensation (continued)

Payment of Compensation (continued)

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) designating any product resulting from the processing or refining of hydrocarbons or coal as a petroleum product;

  • (b) prescribing qualities or kinds of petroleum in respect of which compensation is payable including the source or method of extraction or processing of any such qualities or kinds, prescribing the matters to be taken into account in determining the compensation payable in respect of any such qualities or kinds and respecting the deductions and holdbacks to be made in connection with any payment of compensation;

  • (c) prescribing the matters to be taken into account in determining whether a person qualifies for compensation under this Division;

  • (d) prescribing the method of determining the quantity of any quality or kind of petroleum in respect of which compensation may be paid;

  • (e) respecting the information to be submitted with applications for compensation or required for the purposes of those applications and respecting the keeping of any of that information confidential;

  • (f) prescribing the terms and conditions that shall be imposed or types of terms and conditions that may be imposed by the Minister on the payment of compensation to any person;

  • (g) prescribing the types and forms of undertakings required to be given by recipients of compensation;

  • (h) prescribing the types of deductions that may be made in computing the amount of compensation to be paid to a person, the circumstances in which those deductions shall be made and respecting the manner of effecting a reconciliation, set-off or recovery from the recipient of the compensation;

  • (i) respecting the documentation to be retained by a recipient of compensation;

  • (j) respecting the factors to be taken into account in determining the time of payment of any compensation; and

  • (k) respecting such other matters or things as are necessary to carry out the provisions of this Division.

  • 1974-75-76, c. 47, s. 75
  • 1977-78, c. 24, s. 4
  • 1980-81-82-83, c. 114, s. 42

Marginal note:Agreement with province

 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.

  • 1974-75-76, c. 47, s. 76
  • 1977-78, c. 24, s. 4
  • 1980-81-82-83, c. 114, s. 42

Petroleum Compensation Accounting

Marginal note:Expenditures

  •  (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.

  • 1974-75-76, c. 47, s. 77
  • 1977-78, c. 24, s. 5
  • 1980-81-82-83, c. 114, s. 42

DIVISION IIPetroleum Supplies Transfer Compensation

Interpretation

Marginal note:Definitions

 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)

  • 1974-75-76, c. 47, s. 80
  • 1980-81-82-83, c. 114, s. 43

Direction of Governor in Council to Board

Marginal note:Direction to Board

 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.

  • 1974-75-76, c. 47, s. 81

Compensation

Marginal note:Notice to compensate

 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.

  • 1974-75-76, c. 47, s. 82

Marginal note:Authorizing compensation

 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.

  • 1974-75-76, c. 47, s. 83

Marginal note:Amount of compensation

 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.

  • 1974-75-76, c. 47, s. 84

Marginal note:How payment made

 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.

  • 1974-75-76, c. 47, s. 85

Marginal note:Recovery

 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.

  • 1974-75-76, c. 47, s. 86

Regulations

Marginal note:Regulations

 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.

  • 1974-75-76, c. 47, s. 87
  • 1980-81-82-83, c. 114, s. 44
 
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