Energy Supplies Emergency Act (R.S.C., 1985, c. E-9)

Short Title

Marginal note:Short title

1 This Act may be cited as the Energy Supplies Emergency Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Board

  Board means the Energy Supplies Allocation Board established by section 3; (Office)

  controlled product

  controlled product means any product or thing the supplies of which are allocated under a mandatory allocation program established pursuant to Part I; (produit contrôlé)

  mandatory allocation program

  mandatory allocation program means a program established pursuant to Part I to control the allocation of supplies of a product at the level of the suppliers and wholesale customers thereof; (programme de répartition obligatoire)

  petroleum

  petroleum or petroleum product means crude oil or other hydrocarbon or mixture of hydrocarbons recovered in liquid or solid state from a natural reservoir, any hydrocarbon or mixture thereof, in liquid or solid state, that results from the processing or refining of crude oil or other hydrocarbon, and natural gasoline or condensate resulting from the production, processing or refining of natural gas or a derivative of natural gas; (pétrole ou produit pétrolier)

  rationing program

  rationing program means a mandatory allocation program that is extended and converted pursuant to section 29 in respect of any controlled product; (programme de rationnement)

  sitting day

  sitting day, in respect of a House of Parliament, means a day on which that House is sitting; (jour de séance)

  supplier

  supplier means an importer, refiner, wholesale marketer, jobber, distributor, terminal operator, broker or any other person or association of persons who supplies any controlled product in bulk at any or all levels of wholesale distribution whether or not the supplier is himself a wholesale customer for the controlled product; (fournisseur)

  wholesale customer

  wholesale customer means any person who purchases any controlled product in bulk at the wholesale level and includes Her Majesty in right of Canada or any province, any agent thereof and any refiner, distributor, jobber, dealer, public utility or operator of aircraft, railway, ships, trucks or other transportation facilities. (acheteur en gros)

• Marginal note:Definition of “regulation under this Act”

  (2) In this Act, the expression regulation under this Act includes an order made by the Board pursuant to any regulations made under Part I or II by the Board, and a regulation under this Act and any order or direction of the Governor in Council or the Board under this Act shall be deemed to be a statutory instrument under the Statutory Instruments Act.

• Marginal note:Large volume users

  (3) The Governor in Council may, by order,

  • (a) designate any person as being a large volume user of a controlled product, or

  • (b) prescribe any class of persons the members of which, in the opinion of the Governor in Council, are large volume users of a controlled product,

  and a person so designated or of such class of persons who purchases the controlled product, in bulk or otherwise, at the retail level shall, for the purposes of this Act, be deemed to be a wholesale customer for the controlled product.

• Marginal note:Extended meaning of “supplier” and “wholesale customer”

  (4) For the purposes of this Act, any person or association of persons who supplies any controlled product, in bulk or otherwise, at any level of wholesale or retail distribution for use in the heating of any premises or in the operation of a farm shall be deemed to be a supplier of the controlled product and any person who purchases any controlled product at any level of wholesale or retail distribution for such a use shall be deemed to be a wholesale customer for the controlled product.

Energy Supplies Allocation Board

Marginal note:Board established

• 3 (1) There is established a board, to be known as the Energy Supplies Allocation Board, consisting of a chairperson and not more than six other members.

• Marginal note:Chairperson

  (2) The Deputy Minister of Natural Resources is the Chairperson of the Board.

• Marginal note:Other members

  (3) The other members of the Board are appointed by the Governor in Council to hold office during pleasure.

Marginal note:Remuneration

4 The members of the Board, other than the Chairperson, shall be paid any remuneration that may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred in the course of their duties while absent from their ordinary places of residence.

Marginal note:Staff

• 5 (1) Such other officers and employees as are necessary for the proper conduct of the work of the Board shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical assistance

  (2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents or mandataries of the Board in administering the allocation of any controlled product and to advise and assist the Board in carrying out its duties under this Act; and, with the approval of the Treasury Board, the Board may fix and pay the remuneration and expenses of those persons.

• Marginal note:Secondment, etc.

  (3) The Governor in Council may, on the request of the Board, direct any department or agency of the Government of Canada

  • (a) to second to the Board, for specified periods, officers and employees, and

  • (b) to make available to the Board, for specified periods, specified services or the use of specified facilities,

  that are necessary for the proper conduct of the work of the Board.

• Marginal note:Advice and assistance

  (4) The Board may, subject to any provisions relating to privileged information, obtain the advice and assistance of any department or agency of the Government of Canada.

Marginal note:Head office

• 6 (1) The head office of the Board shall be in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Meetings

  (2) The Board may meet at such times and places in Canada as the Chairperson of the Board deems advisable.

Marginal note:Chief executive officer

• 7 (1) The Chairperson of the Board is the chief executive officer of the Board and has supervision over and direction of the work and staff of the Board and shall preside at meetings of the Board.

• Marginal note:Vice-Chairperson

  (2) One of the members of the Board may be designated by the Governor in Council to be Vice-Chairperson and in the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson may exercise all the powers and perform all the functions of the Chairperson.

Marginal note:Status of Board

• 8 (1) The members of the Board and any persons engaged under subsection 5(2) shall be deemed to be persons employed in the federal public administration.

• Marginal note:Non-application of P.S.E.A. to certain persons

  (2) Persons engaged by the Board under subsection 5(2) shall be deemed not to form part of the public service for the purposes of the Public Service Employment Act.

Marginal note:By-laws

9 Subject to this Act, the Board may make by-laws generally for carrying out the work of the Board and respecting the manner of conducting the business of the Board, the management of its affairs and the duties of its employees.

Marginal note:Delegation

• 10 (1) The Board may in writing authorize one or more of its members or a senior officer of the Board to exercise and perform on behalf of the Board any of the powers or duties of the Board under this Act except the powers or duties of the Board relating to the making of regulations or orders.

• Marginal note:Idem

  (2) The Board may by order delegate, in whole or in part, to any person, body or authority any of the powers or duties of the Board arising out of any regulation under this Act, and that person, body or authority may exercise the powers and shall perform the duties so delegated.

Marginal note:Duties

• 11 (1) Subject to this Act and any directions to the Board issued by the Governor in Council under the authority of this Act, the Board may exercise such powers and shall perform such duties as may be conferred or imposed on it under this Act; and during any period in which the Board is not required to administer any mandatory allocation program or rationing program under this Act, it shall prepare, review and maintain contingency plans in readiness to exercise such powers and perform such duties as may be conferred or imposed on it pursuant to this Act.

• Marginal note:Continuing studies and reports

  (2) The Board shall study and keep under review all matters relevant to a full understanding of the international petroleum supply situation and shall from time to time report thereon to the Minister of Natural Resources together with such recommendations as appear to the Board to be appropriate and relevant to ensuring that Canada is fully prepared to meet any petroleum supply emergency with well prepared and timely plans for action.

Marginal note:International Energy Agency representative

12 Canada’s representative on the Standing Group on Emergency Questions within the International Energy Agency shall be an official of the Board or the Department of Natural Resources and the representative shall, in fulfilling the representative’s functions, be responsible to the Chairperson of the Board and the Minister of Natural Resources.

Marginal note:Protection from personal liability

• 13 (1) No action or other proceeding for damages lies or shall be instituted against the Board, its members or a minister, servant or agent of Her Majesty in right of Canada for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, in good faith under this Act or any order or regulation made thereunder.

• Marginal note:Crown not relieved of liability

  (2) Subsection (1) does not relieve Her Majesty in right of Canada of liability for the acts or omissions described in that subsection and Her Majesty in right of Canada is liable under the Crown Liability and Proceedings Act or any other law as if that subsection had not been enacted.

Marginal note:Instructions and reports

• 14 (1) The Board shall act under the instructions of the Governor in Council and report to the Minister of Natural Resources from time to time on its activities under this Act.

• Marginal note:Report to Minister

  (2) During any period in which a mandatory allocation program or a rationing program is in effect under this Act, the Board shall report in writing to the Minister of Natural Resources at the end of every month on its activities under this Act in that month.

• Marginal note:Tabling

  (3) All reports referred to in subsection (2) shall be laid before Parliament forthwith on the making thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.

PART IMandatory Allocation of Supplies

Marginal note:Declaring national emergency

• 15 (1) When the Governor in Council is of the opinion that a national emergency exists by reason of actual or anticipated shortages of petroleum or disturbances in the petroleum markets that affect or will affect the national security and welfare and the economic stability of Canada, and that it is necessary in the national interest to conserve the supplies of petroleum products within Canada, the Governor in Council may, by order, so declare and by that order authorize the establishment of a program for the mandatory allocation of petroleum products within Canada in accordance with this Act.

• Marginal note:Effective date

  (2) An order made under subsection (1) is effective on the day on which it is made, but a motion for confirmation of the order shall be laid before each House of Parliament and be considered in accordance with section 46.

• Marginal note:Effect of revocation

  (3) Where an order made under subsection (1) is revoked, any mandatory allocation program instituted as a result of that order immediately terminates, but without prejudice to the previous operation of that program or anything duly done or suffered thereunder or any offence committed or any punishment incurred.

16 to 18 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 67]

Marginal note:Mandatory allocation program

• 19 (1) Where an order is made under section 15, the Board shall immediately prepare a mandatory allocation program in respect of petroleum to assure sufficient supplies of that product in the various parts of Canada by providing for a national and equitable distribution of petroleum products from the suppliers to the wholesale customers thereof.

• Marginal note:Contents of program

  (2) A mandatory allocation program shall

  • (a) designate the regions in which the program is to operate if it is not to extend to the whole of Canada;

  • (b) specify the petroleum products, the supplies of which are to be controlled under the program;

  • (c) set out the priorities of use or supply, or both, of the controlled product; and

  • (d) outline a system for allocation of supplies of the controlled product.

• Marginal note:Duration

  (3) If approved by the Governor in Council, a mandatory allocation program comes into force on such day as the Governor in Council may, by order, fix and terminates as provided under section 44.