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

Act current to 2019-06-20 and last amended on 2012-03-16. Previous Versions

PART IMandatory Allocation of Supplies (continued)

Marginal note:Supporting activities

 Instead of including an alternative fuel, as defined in section 22, within a mandatory allocation program under this Act, the Board may, with the approval of the Governor in Council, enter into arrangements with provincial authorities whereby the alternative fuel will be regulated as to allocation of supply and pricing within the provinces in such manner as will best conserve the supplies within Canada of petroleum products.

  • 1978-79, c. 17, s. 14

Marginal note:Electric power

 The Board may, with the approval of the Governor in Council, enter into arrangements with provincial authorities for the regulation and pricing by those provincial authorities of the supplies of electric power produced or used within a province for the purpose of reducing the demands on the available supplies within Canada of a petroleum product.

  • 1978-79, c. 17, s. 15

Marginal note:Regulations

  •  (1) With the approval of the Governor in Council, the Board may make such regulations as may be necessary in the opinion of the Board to carry out effectively a mandatory allocation program for any controlled product and, without limiting the generality of the foregoing, may make regulations

    • (a) authorizing the Board to prescribe by order the dates when the allocation of supplies of a particular controlled product will commence;

    • (b) respecting the manner in which available supplies of a controlled product are to be determined and apportioned to wholesale customers;

    • (c) respecting the assigning of suppliers for wholesale customers and the extent to which those assigned suppliers must supply the wholesale customers with any controlled product;

    • (d) respecting the accumulation, storage and disposal of reserve supplies and inventory of any controlled product;

    • (e) respecting the supplying of information relating to past, present and forecast sales and purchases of the controlled product by suppliers and wholesale customers;

    • (f) respecting the keeping of accounts relating to the sales and purchases of any controlled product by suppliers and wholesale customers, and the making of those accounts available to the Board and its agents or mandataries;

    • (g) respecting the prohibiting or limiting of the sale of a controlled product by or to, or the purchase of a controlled product by, a wholesale customer in cases where the controlled product may be used in a wasteful or non-essential use and prescribing wasteful and non-essential uses of the controlled product;

    • (h) respecting the quality characteristics required of any controlled product being supplied to a class of wholesale customers or for a particular use;

    • (i) respecting such modification or revocation of existing contracts for the supply of any controlled product by suppliers and wholesale customers as may be necessary to make an allocation of supplies of the controlled product effective, and providing a means of determining what type of supply contract should be modified or revoked and in what circumstances;

    • (j) respecting the transfer of supplies of any controlled product between suppliers and between suppliers and wholesale customers and the transfer of wholesale customers between suppliers to achieve an equitable balance of sales among suppliers or to preserve the existing market position of suppliers in so far as practicable;

    • (k) respecting pooling and other arrangements that may be made by and between suppliers to supply wholesale customers for which those suppliers may have allocation obligations, and providing guidelines therefor in respect of price, quality and quantity provisions in contracts affected by those arrangements;

    • (l) respecting the prices at which any controlled product may be sold by suppliers to wholesale customers in particular market areas or generally and the charges for transportation between market areas except for transportation by means of a pipeline in respect of which there is in force a certificate of public convenience and necessity or other authority to operate a pipeline issued under the National Energy Board Act;

    • (m) determining market areas for any controlled product;

    • (n) respecting credit terms or payment schedules for wholesale customers required to assure the continuance, as nearly as may be, of the normal business practices of suppliers of any controlled product in a market area during the period of mandatory allocation of the controlled product;

    • (o) authorizing the reduction or withholding by suppliers of supplies of any controlled product to wholesale customers until any orders of the Board made pursuant to any regulations have been complied with;

    • (p) respecting the amelioration of hardship in particular cases arising out of inequities in or distortions of the allocation of supplies of any controlled product because of special circumstances;

    • (q) ensuring, in so far as practicable, the maintenance of supplies of the controlled product to independent retailers of that product consistent with any priorities of use established by the Board;

    • (r) providing for the making by the Board of such orders as may be necessary to effect any of the purposes for which regulations may be made under this section; and

    • (s) respecting such other matters or things, whether or not of a like kind to those referred to in paragraphs (a) to (r), as the Board considers necessary for the purpose of carrying out a mandatory allocation program for a controlled product.

  • Marginal note:Extent of authority

    (2) A regulation under this Act may be conditional or unconditional, qualified or unqualified, and may be general or restricted to a specified area or a specified controlled product, a specified supplier or wholesale customer or a specified mediate or immediate use of a controlled product.

  • R.S., 1985, c. E-9, s. 25
  • 1990, c. 2, s. 4
  • 2001, c. 4, s. 79(F)
  • 2004, c. 25, s. 136(E)

Marginal note:Regulating imports

  •  (1) Where the Governor in Council considers it expedient to do so, he may order the Board to regulate the importation of any controlled product into Canada indefinitely or for such period as may be specified in the order.

  • Marginal note:Regulations

    (2) For the purpose of carrying out an order under subsection (1), the Board may make regulations

    • (a) respecting the quantities and qualities of any controlled product imported or to be imported during such periods as may be prescribed by the Board;

    • (b) respecting the storage of imported supplies of any controlled product in market areas; and

    • (c) respecting such other matters or things in relation to the importation of the controlled product as may be necessary to support a mandatory allocation program for the controlled product.

  • Marginal note:Consultation with National Energy Board

    (3) Before making regulations under this section, the Board shall consult with the National Energy Board to determine the extent to which that Board is regulating the importation of the controlled product in respect of which regulations are to be made under this section.

  • 1978-79, c. 17, s. 17

Marginal note:Regulating exports

  •  (1) Where the Governor in Council considers it expedient to do so, he may order the Board to regulate the export of any controlled product indefinitely or for such period as may be specified in the order.

  • Marginal note:Regulations

    (2) For the purpose of carrying out an order under subsection (1), the Board may make regulations

    • (a) respecting the quantities and qualities of any controlled product to be exported during such period as may be prescribed by the Board; and

    • (b) respecting such other matters or things in relation to the export of the controlled product as may be necessary to support a mandatory allocation program for the controlled product.

  • Marginal note:Consultation

    (3) Before making regulations under this section, the Board shall consult with the National Energy Board to determine the extent to which that latter Board is then regulating the export of the controlled product in respect of which regulations are to be made under this section.

  • 1978-79, c. 17, s. 18

Marginal note:Conflict

 Where there is a conflict between any regulation made under this Act and any provision of the National Energy Board Act or any regulation made thereunder, the regulation under this Act prevails.

  • 1978-79, c. 17, s. 18

PART IIRationing of Controlled Products

Marginal note:Consumer and other rationing

  •  (1) Where the Governor in Council considers that the available supplies of a controlled product are or are likely to be in such short supply as to cause the mandatory allocation program to fail unless additional measures are taken, the Governor in Council may order the Board to extend the mandatory allocation program in respect of that controlled product by converting it into a program requiring that the purchase and sale of the controlled product at any or all levels, including the level of the final consumer or user, be made in such quantities, by such persons and for such uses as may be authorized by the Board on documentary evidence issued by the Board.

  • (2) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 70]

  • R.S., 1985, c. E-9, s. 29
  • R.S., 1985, c. 22 (4th Supp.), s. 70
 
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