Energy Monitoring Act (R.S.C., 1985, c. E-8)

Short Title

Marginal note:Short title

1 This Act may be cited as the Energy Monitoring Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Agency

  Agency[Repealed, 2001, c. 34, s. 42]

  Canada

  Canada includes the continental shelf of Canada; (Canada)

  energy commodity

  energy commodity means oil and gas and any prescribed product resulting from the processing or refining of oil or gas and, where there is a designation in respect of coal, thorium and uranium, or any of those substances, under section 10, includes all those substances, or the designated substance, as the case may be, and any prescribed product resulting from the processing or refining of the designated substance or substances; (produit énergétique)

  energy enterprise

  energy enterprise means any individual, corporation, partnership, trust or organization engaged in the exploration for, or the development, production, processing or refining of, any energy commodity in Canada; (entreprise énergétique)

  gas

  gas means any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state; (gaz)

  Minister

  Minister means the Minister of Natural Resources; (ministre)

  oil

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

  oil and gas dealer

  oil and gas dealer means any person or association of persons who supplies, transports or stores oil, gas or petroleum products and includes, without limiting the generality of the foregoing, any exporter, importer, refiner, processor, wholesale marketer, jobber, distributor, terminal operator or broker who supplies oil, gas or petroleum products; (négociant en pétrole et en gaz)

  organization

  organization has the meaning assigned to that term by the regulations; (organisme)

  petroleum product

  petroleum product means a prescribed product resulting from the production, processing or refining of oil or gas; (produit pétrolier)

  prescribed

  prescribed means prescribed by the regulations. (Version anglaise seulement)

• Marginal note:Meaning of control

  (2) For the purposes of subsection 5(2) and paragraphs 6(f) and 7(b), a corporation (in this section referred to as the “controlled corporation”) is controlled by an energy enterprise or another corporation if voting securities of the controlled corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors are held, directly or indirectly, other than by way of security only, by or for the benefit of the energy enterprise or other corporation.

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada and in right of any province.

Energy Enterprise Monitoring

Marginal note:Application

4 Subject to section 7, this Act applies to every energy enterprise that has

• (a) gross annual revenues derived from the activities referred to in the definition “energy enterprise” in subsection 2(1), determined in prescribed manner, in excess of ten million dollars or such higher amount as is prescribed; or

• (b) assets related to its activities referred to in the definition “energy enterprise” in subsection 2(1), determined in prescribed manner, in excess of ten million dollars or such higher amount as is prescribed.

Marginal note:Return of Canadian energy enterprise

• 5 (1) Unless exempted by the regulations, every energy enterprise shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that energy enterprise, a return setting out statistics and information relating to

  • (a) its ownership and control;

  • (b) its sources and application of funds;

  • (c) its financial position and performance;

  • (d) its exploration for, development, production, processing, refining and marketing of energy commodities;

  • (e) its costs and revenues in connection with each of its activities referred to in paragraph (d);

  • (f) the exploration expenditures, development expenditures, resource allowances, capital cost allowances, non-capital losses and the other deductions, credits and allowances deducted under the Income Tax Act in the computation of income from and taxes payable on each of its activities referred to in paragraph (d);

  • (g) the amounts with respect to the expenditures, allowances, losses, deductions and credits referred to in paragraph (f) that can be carried forward in accordance with the provisions of the Income Tax Act;

  • (h) the distribution and disposition of its revenues and profits;

  • (i) its energy commodity resources, reserves and properties;

  • (j) its ownership of or interest in any corporation, partnership, trust or organization;

  • (k) its research and development programs; and

  • (l) such other matters concerning each of its activities referred to in paragraph (d) and the funds derived from those activities as are prescribed.

• Marginal note:Additional statistics and information

  (2) In addition to the statistics and information referred to in subsection (1), every energy enterprise required to file a return under subsection (1) shall set out, in prescribed form and manner, in every return required by that subsection, statistics and information relating to the matters referred to in paragraphs (1)(b) to (l) in respect of every corporation it controls.

• Marginal note:Application

  (3) This section does not apply to any energy enterprise required to file a return under section 6.

Marginal note:Return of foreign energy enterprise

6 Unless exempted by the regulations, where an energy enterprise is

• (a) an individual not ordinarily resident in Canada,

• (b) a corporation incorporated elsewhere than in Canada,

• (c) a partnership all the partners of which are individuals not ordinarily resident in Canada or corporations incorporated elsewhere than in Canada, or

• (d) a trust the trustee and the beneficiary of which are, with respect to their status as such, governed by the laws of a jurisdiction other than that of Canada or a province,

that energy enterprise shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that energy enterprise, a return setting out statistics and information relating to

• (e) its ownership and control, and

• (f) the matters set out in paragraphs 5(1)(b) to (l) in respect of its holdings and operations in Canada and the holdings and operations in Canada of every corporation it controls.

Marginal note:Minister may require return

7 Where the Minister is of the opinion that it is in the public interest, he may require

• (a) any energy enterprise to which this Act does not apply to file, in prescribed form and manner, a return setting out the statistics and information referred to in section 5 or 6, as the case may be; and

• (b) any corporation that controls a corporation that is an energy enterprise to file, in prescribed form and manner, a return setting out statistics and information relating to the matters set out in paragraphs 5(1)(a), (b), (h) and (j).

Marginal note:Supplementary statistics, information and documentation

8 Every energy enterprise required to file a return by or under this Act shall submit such additional statistics, information and documentation as may be required by the Minister for any purpose related to the administration or enforcement of this Act.

9 [Repealed, 2001, c. 34, s. 43]

Marginal note:Extension

10 The Governor in Council may, by order, designate coal, thorium and uranium, or any of those substances, as an energy commodity for the purposes of this Act.

Oil and Gas Dealer Monitoring

Marginal note:Application

11 Subject to section 13, this Act does not apply, with respect to any reporting period, to any oil and gas dealer who supplied, transported or stored less than one hundred million litres of oil, gas or petroleum products in the twelve months that immediately preceded that period.

Marginal note:Return of oil and gas dealer

12 Unless exempted by the regulations, every oil and gas dealer shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that oil and gas dealer, a return setting out statistics and information relating to

• (a) his production, processing, refining, storage, marketing, sale and use of oil, gas and petroleum products; and

• (b) his costs, revenues, prices and profits in connection with each activity referred to in paragraph (a).

Marginal note:Minister may require return

13 Where the Minister is of the opinion that it is in the public interest, he may require any oil and gas dealer to whom this Act does not apply to file, in prescribed form and manner, a return setting out the statistics and information referred to in section 12.

Marginal note:Supplementary statistics, information and documentation

14 Every oil and gas dealer required to file a return by or under this Act shall submit such additional statistics, information and documentation as may be required by the Minister for any purpose related to the administration or enforcement of this Act.

Marginal note:Statistics, information and documentation available to Board

15 The Minister may make the statistics, information and documentation obtained by him under this Act that relate to oil and gas dealers available to the Energy Supplies Allocation Board established under the Energy Supplies Emergency Act.

16 to 28 [Repealed, 2001, c. 34, s. 44]

General

Reports Regarding Energy Commodities and Energy Enterprises

Marginal note:Reports

• 29 (1) Subject to subsection (2), the Minister may publish any reports that the Minister considers appropriate and necessary in respect of energy commodities and energy enterprises and their holdings and operations.

• Marginal note:Disclosure of certain information only

  (2) The Minister shall not disclose in any report published under subsection (1) any statistic, information or documentation obtained by the Minister under this Act or any other Act of Parliament that identifies or permits the identification of the individual, corporation, partnership, trust or organization to which the statistic, information or documentation relates without the written consent of that individual, corporation, partnership, trust or organization.

Documents, Records and Books of Account

Marginal note:Documents, records and books of account

30 Every energy enterprise and every oil and gas dealer required by or under this Act to file a return shall keep documents, records and books of account at his or its place of business or other prescribed place in Canada in such form and containing such statistics and information as will enable the Minister to verify the accuracy and completeness of the statistics, information and documentation that the energy enterprise or oil and gas dealer submits to the Minister.

Marginal note:Disposal of records

31 Every energy enterprise and every oil and gas dealer required by section 30 to keep documents, records and books of accounts shall, unless authorized by the Minister, retain every such document, record or book of account until the expiration of six years from the end of the reporting period to which the document, record or book of account relates.

Marginal note:Assistance to authorized persons

32 Every energy enterprise and every oil and gas dealer required by section 30 to keep documents, records and books of account shall, for the purpose of audit or examination,

• (a) make those documents, records and books of account available at all reasonable times to any person authorized by the Minister for the purpose; and

• (b) give all reasonable assistance to a person authorized by the Minister to carry out the audit or examination, provide access to all relevant sites, answer, orally or in writing, as required, all questions relating to the audit or examination and provide all statistics, information, documentation and copies required for the purpose of the audit or examination.

Disclosure of Statistics and Information

Marginal note:Privilege

33 The statistics, information and documentation obtained by the Minister under this Act, by the Energy Supplies Allocation Board under section 15 or by the persons referred to in paragraphs 34(a) and (b) are privileged and shall not knowingly be or be permitted to be communicated, disclosed or made available without the written consent of the person from whom they were obtained.

Marginal note:Exceptions

34 The statistics, information and documentation obtained under this Act may be communicated, disclosed or made available for the purposes of the administration or enforcement of this Act, legal proceedings related thereto or criminal proceedings under this Act or any other Act of Parliament and may be communicated, disclosed or made available

• (a) to the Minister of Finance solely for the purposes of evaluating and formulating tax policy in relation to energy matters; and

• (b) to the Chief Statistician of Canada for the purposes of the Statistics Act.

Marginal note:Evidentiary privilege

35 Notwithstanding any other Act or law, no person who obtains any statistic, information or documentation under this Act shall be required, in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Act or criminal proceedings under this Act or any other Act of Parliament, to give evidence relating to any statistic, information or documentation that is privileged under this Act or to produce any statement, document, writing or portion thereof containing any such statistic, information or documentation.

Marginal note:Disclosure to public

• 36 (1) Notwithstanding anything in this Act, the Minister may disclose any statistic, information or documentation obtained under this Act where he considers the disclosure to be in the public interest, taking into account the competitive position of the individual, corporation, partnership, trust, organization or association of persons affected by the disclosure.

• Marginal note:Notification and opportunity to make representations

  (2) Where the Minister proposes to disclose any statistic, information or documentation pursuant to subsection (1) in a form that identifies or permits the identification of the individual, corporation, partnership, trust, organization or association of persons to which the statistic, information or documentation relates, the Minister shall so notify that individual, corporation, partnership, trust, organization or association of persons and afford him or it a reasonable opportunity to make representations with respect to the effect that the disclosure of the statistic, information or documentation might have on his or its competitive position.

Enforcement

Marginal note:Obligation or duty on persons

• 37 (1) Any obligation or duty imposed by or under this Act on any energy enterprise that is

  • (a) a partnership shall be carried out or complied with by the partners of the partnership;

  • (b) a trust shall be carried out or complied with by the trustee of the trust; or

  • (c) an organization shall be carried out or complied with by such persons responsible for the administration and management of the organization as are prescribed.

• Marginal note:Idem

  (2) Any obligation or duty imposed by or under this Act on any association of persons shall be carried out or complied with by the persons forming part of that association.

Marginal note:Failure to file return or provide supplementary information

38 Every person who

• (a) fails to file a return as and when required by this Act,

• (b) fails to comply with a requirement of the Minister pursuant to section 7 or 13,

• (c) fails to comply with section 8, 14, 30, 31 or 32, or

• (d) contravenes or fails to comply with section 33

is guilty of an offence punishable on summary conviction and liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year or to both.

Marginal note:False information

39 Every person who, under this Act, submits any statistic, information or documentation, makes any statement or answers any question, whether in connection with any return filed under this Act or any audit or examination carried out pursuant to this Act, knowing that the statistic, information, documentation, statement or answer is false or misleading or misrepresents or fails to disclose a material fact, is guilty of an offence and liable

• (a) on summary conviction, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months or to both; or

• (b) on conviction on indictment, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.

Marginal note:Officers, etc., of corporation

40 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Regulations

Marginal note:Regulations

41 The Governor in Council may make regulations

• (a) defining the term “organization” for the purposes of this Act;

• (b) exempting any energy enterprise or oil and gas dealer, or any class thereof, from the requirement of filing a return under this Act;

• (c) prescribing any matter or thing that is by this Act to be prescribed; and

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

Marginal note:Act referred to Committee of House of Commons

42 This Act shall be deemed to be referred, for review and report, to the first sitting of the Committee of the House of Commons that normally considers oil and gas matters, following February 18, 1988.