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

Marginal note:Appeal

13 If any difference arises or if any doubt exists as to whether any charge is payable or as to the amount of the charge that is payable on the exportation of any oil, the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act may declare what amount of charge is payable, if any, and for that purpose sections 104 and 105 of the Excise Tax Act apply with any modifications that the circumstances require and any reference in those sections to the Deputy Minister is to be construed as a reference to the Chief Executive Officer of the Regulator.

Marginal note:Expenditures

• 14 (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 to a person under subsection 11(1); and

  • (b) such amounts in respect of a fiscal year or part thereof as are authorized pursuant to regulations of the Governor in Council to be paid to a province or its agent in respect of exports of oil during that year.

• 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, any amount, other than an amount referred to in paragraph 86(2)(a), received in respect of any charge payable under this Part.

• Marginal note:Limit on expenditures

  (3) The aggregate of expenditures made under this section in respect of any fiscal year shall not exceed the aggregate of

  • (a) any amount, other than an amount referred to in paragraph 86(2)(a), received in that fiscal year in respect of any charge payable under this Part; and

  • (b) such amount, if any, as is appropriated by Parliament for the purposes mentioned in subsection (1).

• Marginal note:Report

  (4) Within three months after the end of each fiscal year, the Minister shall cause to be prepared a report in respect of all revenues, other than any amount referred to in paragraph 86(2)(a), and expenditures during that year under this Part 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.

Marginal note:Regulations

15 The Governor in Council may, by regulation,

• (a) designate as an oil product any substance resulting from the processing or refining of hydrocarbons or coal if the 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;

• (b) prescribe the terms and conditions on which payments may be made to a province or its agent pursuant to paragraph 14(1)(b); and

• (c) provide for such other matters or things as may be necessary to carry out the provisions of this Part.

PART IITransportation Fuel Compensation Recovery Charge

Marginal note:Definitions

• 16 (1) In this Part,

  export

  export, in respect of transportation fuel, means

  • (a) the delivery by an exporter of that fuel to a person other than an exporter in order that the person may take it from Canada by means of an aircraft or vessel for immediate use by that aircraft or vessel, or

  • (b) the taking by an exporter of that fuel from Canada by means of an aircraft or vessel for use by that aircraft or vessel; (exporter)

  exporter

  exporter and licence have the same meanings as in section 4; (exportateur et licence)

  transportation fuel

  transportation fuel means fuel designated by regulations under section 19 as being fuel for use by an aircraft or vessel. (carburant)

• Marginal note:Interpretation of export

  (2) For the purposes of the definition export in subsection (1), an export in respect of an aircraft or vessel referred to in that definition shall be deemed to occur at the time the aircraft or vessel is at its last port of landing in Canada preceding its journey outside Canada.

Marginal note:Charge

• 17 (1) There shall be imposed, levied and collected on each cubic metre of transportation fuel acquired in Canada and exported from Canada in any month or part of a month, in respect of which no charge has been imposed, levied and collected under Part I, a transportation fuel compensation recovery charge in such amount not exceeding three hundred and fifty dollars per cubic metre as may be prescribed in a tariff of charges for that month or part of a month made by order of the Governor in Council, on the recommendation of the Minister and the Minister of Finance.

• Marginal note:Tariff of charges

  (2) A tariff of charges on transportation fuel may set out the charge applicable in respect of any or all of the various kinds or qualities of transportation fuel, transportation fuel from any source, any or all destinations for transportation fuel and such other factors or circumstances as are specified in the tariff.

• Marginal note:Tariff continues

  (3) Where a tariff of charges on transportation fuel is prescribed in respect of any month or part of a month under subsection (1), that tariff of charges shall continue in respect of each subsequent month until changed pursuant to subsection (1) by order of the Governor in Council in respect of a subsequent month or part of a month.

Marginal note:Application of certain provisions

18 Sections 6 to 13 apply in respect of the compensation recovery charge imposed under this Part in the same manner and to the same extent as if that charge were a charge imposed under Part I.

Marginal note:Regulations

19 The Governor in Council may, by regulation,

• (a) designate any fuel as being fuel for use by an aircraft or vessel;

• (b) define the expression “last port of landing” for the purposes of subsection 16(2); and

• (c) provide for such other matters or things as may be necessary to carry out the provisions of this Part.

PART IIIDomestic Oil

Interpretation

Marginal note:Definitions

20 In this Part,

consumption

consumption means, in relation to crude oil, the action of using it as a fuel or energy source or consuming it in the manufacture of products of trade and commerce; (consommation)

crude oil

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

offshore area

offshore area means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada; (zone extracôtière)

prescribed price

prescribed price means, in relation to any quality or kind of crude oil, the maximum price established therefor under this Part for the purpose of interprovincial and international trade; (prix imposé)

price

price means the value in money of the consideration given for a quantity of crude oil or the value of that quantity of oil, as may be determined by regulation in a case where no consideration is given therefor, exclusive of the amount of any charge imposed under this Act; (prix)

producer-province

producer-province means a province in which the quantities of crude oil ordinarily produced, extracted or recovered in that province in a month are such that a significant quantity of that crude oil is normally available for use outside that province in each month; (province pétrolière)

province of production

province of production means, in relation to any quantity of crude oil, the producer-province in which it was produced, extracted or recovered; (province d’origine)

recovered

recovered includes manufactured. (Version anglaise seulement)

Application of Part

Marginal note:Application

21 This Part applies to crude oil that

• (a) enters into international or interprovincial trade or that is mixed or blended with crude oil that has been acquired for movement outside its province of production; or

• (b) is brought, sent or delivered to a province from the offshore area in which it is produced, extracted or recovered.

Purpose of Part

Marginal note:Purpose

22 The purpose of this Part is to provide legislative authority for measures that will, so far as may be practicable, enable the Government of Canada

• (a) to achieve a uniform price, exclusive of transportation costs, for crude oil used in Canada outside its province of production;

• (b) to achieve a balance in Canada between the interests of consumers and producers in Canada;

• (c) to protect consumers in Canada from instability of prices for petroleum in the international markets; and

• (d) to encourage the discovery, development and production of a supply of crude oil adequate to the self-sufficiency of Canada.

Price Restraint

Marginal note:Provincial agreement on prices

• 23 (1) With the approval of the Governor in Council, the Minister may enter into an agreement with the government of a producer-province for the purpose of establishing mutually acceptable prices for the various qualities and kinds of crude oil produced, extracted or recovered in that province during such period as may be agreed on and for other purposes considered expedient to carry out the purpose of this Part.

• Marginal note:Expression of agreement

  (2) An agreement for the purpose of this Part need not be expressed in any formal document executed on behalf of the parties thereto if the expression of that agreement is contained in reciprocal orders in council issued by the governments concerned.

Marginal note:Prescribing maximum

• 24 (1) Where an agreement is entered into with a producer-province under section 23, the Governor in Council may, by regulation, establish maximum prices for the various qualities and kinds of crude oil to which this Part applies that are produced, extracted or recovered in that province.

• Marginal note:Prescribing maximum

  (2) Notwithstanding subsection (1), the Governor in Council may, by regulation, establish maximum prices for the various qualities and kinds of crude oil to which this Part applies that are produced, extracted or recovered in Yukon, the Northwest Territories or Nunavut.

• Marginal note:Idem

  (3) The Governor in Council may, by regulation, establish maximum prices for the various qualities and kinds of crude oil to which this Part applies that are produced, extracted or recovered in an offshore area and in such case the provisions of this Part, except those that refer to an agreement with the government of a producer-province, that apply in respect of crude oil produced, extracted or recovered in a province apply, with such modifications as the circumstances require, in respect of crude oil produced, extracted or recovered in the offshore area as if the offshore area were a province of production.