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

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.

Marginal note:Where no price agreement effective

• 25 (1) Where no agreement is entered into under section 23 with the government of a producer-province, or any such agreement is terminated by the declaration of the parties, or, in the opinion of the Governor in Council, is not effective or is not capable of being effective, 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:How prescribed price established

  (2) For the purposes of establishing maximum prices pursuant to subsection (1), the Governor in Council shall have regard to such matters as he deems requisite from time to time to achieve the purpose of this Part, including

  • (a) transportation and other costs applicable to the movement of crude oil;

  • (b) the qualities and kinds of crude oil produced, extracted or recovered in the province of production;

  • (c) the conditions prevailing in the international and interprovincial marketing of oil; and

  • (d) the probable effect on the producers and consumers in Canada of establishing maximum prices for the various qualities and kinds of crude oil.

Marginal note:Prohibition

26 No person shall

• (a) sell any quality or kind of crude oil for consumption outside its province of production,

• (b) purchase any quality or kind of crude oil for consumption outside its province of production,

• (c) acquire any quality or kind of crude oil for consumption outside its province of production, or

• (d) sell or purchase any quality or kind of crude oil outside its province of production

unless the price paid therefor is not greater than the prescribed price for that quality or kind of crude oil.

Marginal note:Evidence required

27 No person shall transport, carry, convey or move any quality or kind of crude oil out of its province of production or take delivery of any quality or kind of crude oil outside its province of production unless there is documentary evidence presented to him and recorded by him that the price paid or to be paid therefor is not greater than the prescribed price for that quality or kind of crude oil.

Marginal note:Records

28 Every person who engages in a transaction described in section 26 shall keep records and books of account at his place of business in Canada, or elsewhere in Canada as the regulations may require, in such form and containing such information as will enable a determination to be made of the price at which any crude oil was purchased or sold in the course of the transaction.

Marginal note:Records

29 Every person who acquires any crude oil in a province other than its province of production shall keep records and books of account at his place of business in Canada, or elsewhere in Canada as the regulations may require, in such form and containing such information as will enable a determination to be made of the price at which the crude oil was so acquired.

Offences and Punishment

Marginal note:Offences respecting records and other documents

30 A person who

• (a) knowingly makes any false entry or statement in any record, book of account or other document required by this Part or any regulations thereunder to be kept, or

• (b) knowingly destroys, mutilates or falsifies any record, book of account or other document required by this Part or any regulations thereunder to be kept

is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.

Marginal note:Contravention of sections 26 to 29

• 31 (1) Every person who contravenes any of the provisions of sections 26 to 29 is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or

  • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

• Marginal note:Officers, etc., of corporation

  (2) Where a corporation commits an offence under this Part, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.