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

Marginal note:Regulations

64 The Governor in Council may, by regulation,

• (a) designate 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;

• (b) prescribe the form and content of the monthly return referred to in subsection 59(1); and

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

PART VICanadian Ownership Provisions

DIVISION ISpecial Charge and Taxation

Marginal note:Definitions

65 All words and expressions used in this Division have the same meanings as in Part V.

Marginal note:Charge on petroleum

• 66 (1) There shall be imposed, levied and collected on

  • (a) each cubic metre of domestic petroleum received for processing or consumption in Canada, and

  • (b) each cubic metre of foreign petroleum or petroleum product imported into Canada for processing, consumption, sale or other use in Canada,

  in any month or part of a month a special charge in such amount not exceeding seven dollars and twenty-five cents 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:Application of certain provisions

  (2) Subsection 57(2) and sections 58 to 64 apply, with such modifications as the circumstances require, in respect of a special charge imposed under subsection (1).

• Marginal note:Transitional

  (3) Effective May 1, 1981, the amount of seven dollars and twenty-five cents per cubic metre on

  • (a) domestic petroleum received for processing or consumption in Canada, and

  • (b) foreign petroleum or petroleum product imported into Canada for processing, consumption, sale or other use in Canada,

  shall be deemed to have been the amount prescribed in a tariff of charges for the month of May, 1981 by order of the Governor in Council pursuant to subsection (1) and that amount shall continue to be the amount of the charge in respect of each subsequent month until it is changed pursuant to subsection (1) by order of the Governor in Council in respect of a subsequent month or part of a month.

67 to 70 [Repealed, R.S., 1985, c. 7 (2nd Supp.), s. 72]

DIVISION IICanadian Ownership Account

Definition of account

• 71 (1) In this section, account means the Canadian Ownership Account established under Energy, Mines and Resources Vote 5c of Appropriation Act No. 4, 1980-81.

• Marginal note:Crediting of account

  (2) All amounts received in respect of a special charge imposed pursuant to section 66 shall be credited to the account.

• Marginal note:Account charges

  (3) In addition to the investments authorized to be charged to the account under the Vote referred to in subsection (1), there shall be charged to the account

  • (a) the amounts required to be refunded or reimbursed to a person under Division I; and

  • (b) subject to the approval by order of the Governor in Council and in accordance with such terms and conditions, if any, as he may, on the recommendation of the Minister and the Minister of Finance prescribe, such amounts as are from time to time required by the Minister for investment in shares, debentures, bonds or other evidences of indebtedness of or for property acquisitions from any person in order to increase Canadian public ownership of the oil and gas industry in Canada and to repay loans or expenses incurred for that purpose.

• Marginal note:Account investments

  (4) Notwithstanding anything in this Act or any other Act of Parliament, shares, debentures, bonds or other evidences of indebtedness issued pursuant to an investment referred to in paragraph (3)(b) shall be held in the name of the Minister to the credit of the account.

• 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 the operation of the account during that year 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:Tabling order

• 72 (1) An order of the Governor in Council under subsection 71(3) shall be laid before Parliament not later than the fifteenth sitting day of Parliament after it is made.

• Marginal note:Coming into force of order

  (2) An order referred to in subsection (1) shall come into force on the twentieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection unless, before that time,

  • (a) a motion for the consideration of the House of Commons to the effect that the order be confirmed, signed by a minister of the Crown, is filed with the Speaker of the House of Commons; or

  • (b) if no motion has been filed under paragraph (a), a motion for the consideration of the House of Commons to the effect that the order be revoked signed by not less than thirty members of the House of Commons is filed with the Speaker of the House of Commons.

• Marginal note:Consideration of motion by the House of Commons

  (3) Where a motion for the consideration of the House of Commons is filed as provided in subsection (2), the House of Commons shall, not later than the sixth sitting day of Parliament following the filing of the motion, take up and consider the motion.

• Marginal note:Time for disposition of motion

  (4) A motion taken up and considered in accordance with subsection (3) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the House of Commons shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

Marginal note:If affirmative motion is not adopted by the House of Commons

73 If a motion described in paragraph 72(2)(a) is taken up and considered by the House of Commons in accordance with subsection 72(3) but is not adopted by that House, the particular order to which the motion relates shall stand revoked.

Marginal note:If negative motion is adopted by the House of Commons

74 If a motion described in paragraph 72(2)(b) is adopted by the House of Commons, the particular order to which the motion relates shall stand revoked.

Marginal note:If affirmative motion is adopted by the House of Commons

• 75 (1) If a motion described in paragraph 72(2)(a) is taken up and considered by the House of Commons in accordance with subsection 72(3) and is adopted by that House, a message shall be sent from the House of Commons informing the Senate that the motion has been so adopted and requesting that the motion be concurred in by the Senate.

• Marginal note:Consideration of motion by the Senate

  (2) Where a request for concurrence in a motion is made to the Senate pursuant to subsection (1), the Senate shall, not later than the fifth sitting day of Parliament following the receipt by the Senate of the request, take up and consider the motion.

• Marginal note:Time for disposition of motion

  (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the Senate shall forthwith, without further debate or amendment, put every question necessary to determine whether or not the motion in question is concurred in.

• Marginal note:If motion is concurred in

  (4) If a motion taken up and considered in accordance with subsection (2) is concurred in by the Senate, the particular order to which the motion relates comes into force immediately on the concurrence therein.

• Marginal note:If motion is not concurred in

  (5) If a motion taken up and considered in accordance with subsection (2) is not concurred in by the Senate, the particular order to which the motion relates shall stand revoked.

Marginal note:If negative motion is not adopted by the House of Commons

• 76 (1) If a motion described in paragraph 72(2)(b) is taken up and considered by the House of Commons in accordance with subsection 72(3) but is not adopted by that House, the particular order to which the motion relates shall come into force on the fifth sitting day of Parliament after the failure of the House of Commons to adopt the motion unless before that day a motion to the effect that the order be revoked, signed by not less than fifteen members of the Senate, is filed with the Speaker of the Senate.

• Marginal note:Consideration of motion by the Senate

  (2) Where a motion for the consideration of the Senate is filed as provided in subsection (1), the Senate shall, not later than the sixth sitting day of Parliament following the filing of the motion, take up and consider the motion.

• Marginal note:Time for disposition of motion

  (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption for not more than three hours and, on the conclusion of the debate or at the expiration of the third hour, the Speaker of the Senate shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

• Marginal note:If motion adopted

  (4) If a motion taken up and considered in accordance with subsection (2) is adopted by the Senate, the particular order to which the motion relates shall stand revoked.

• Marginal note:If motion not adopted

  (5) If a motion taken up and considered in accordance with subsection (2) is not adopted by the Senate, the particular order to which the motion relates comes into force immediately on the failure of the Senate to adopt the motion.

Marginal note:Revocation on prorogation or dissolution of Parliament

77 An order of the Governor in Council under subsection 71(3) that has been laid before Parliament but has not come into force shall stand revoked on the dissolution or prorogation of Parliament.

Definition of sitting day of Parliament

78 For the purposes of this Division, sitting day of Parliament means a day on which either House of Parliament sits.

PART VIICost Compensation

Definition of prescribed

79 In this Part, prescribed means prescribed by regulations made under this Part.

DIVISION IPetroleum Compensation

Interpretation

Marginal note:Definitions

80 In this Division,

compensation

compensation means the amount that may be paid pursuant to this Division to a person in respect of a type of petroleum; (indemnité)

petroleum

petroleum means any hydrocarbon or mixture of hydrocarbons other than gas and includes any product designated as a petroleum product by regulations made under section 84. (pétrole)

Payment of Compensation

Marginal note:Compensation on application

81 On application therefor to the Minister by a person who establishes that, pursuant to any regulations made under this Division, he qualifies for compensation in respect of a quantity of a prescribed quality or kind of petroleum, the Minister may authorize the payment to that person, on such terms and conditions as the Minister may in accordance with the regulations impose, of compensation in an amount determined by the Minister in accordance with the regulations.

Marginal note:Special compensation in hardship cases

82 Where, on application for compensation made to the Minister by an applicant, it appears to the Minister that the strict application of this Division or the regulations thereunder will, in all the circumstances of the case, result in financial hardship to the applicant, the Minister may, subject to the regulations, authorize special compensation to be paid to that applicant toward the relief of all or part of that hardship, subject to any terms or conditions that the Minister may impose.

Marginal note:Recovery

83 Where a person receives a payment under this Division as or on account of compensation to which he is not entitled or in an amount in excess of the amount to which he is entitled, or where a payment is made in circumstances in which a term or condition has been imposed under the regulations and the term or condition has not been met or has been contravened, the amount of the payment or excess, as the case may be, is a debt due to Her Majesty in right of Canada and may be recovered as such from the person in any court of competent jurisdiction or may be retained in whole or in part out of any amount payable to the person under this Act.

Marginal note:Regulations

84 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.