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

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.

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.

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.