Energy Monitoring Act (R.S.C., 1985, c. E-8)

Documents, Records and Books of Account

Marginal note:Documents, records and books of account

30 Every energy enterprise and every oil and gas dealer required by or under this Act to file a return shall keep documents, records and books of account at his or its place of business or other prescribed place in Canada in such form and containing such statistics and information as will enable the Minister to verify the accuracy and completeness of the statistics, information and documentation that the energy enterprise or oil and gas dealer submits to the Minister.

Marginal note:Disposal of records

31 Every energy enterprise and every oil and gas dealer required by section 30 to keep documents, records and books of accounts shall, unless authorized by the Minister, retain every such document, record or book of account until the expiration of six years from the end of the reporting period to which the document, record or book of account relates.

Marginal note:Assistance to authorized persons

32 Every energy enterprise and every oil and gas dealer required by section 30 to keep documents, records and books of account shall, for the purpose of audit or examination,

• (a) make those documents, records and books of account available at all reasonable times to any person authorized by the Minister for the purpose; and

• (b) give all reasonable assistance to a person authorized by the Minister to carry out the audit or examination, provide access to all relevant sites, answer, orally or in writing, as required, all questions relating to the audit or examination and provide all statistics, information, documentation and copies required for the purpose of the audit or examination.

Disclosure of Statistics and Information

Marginal note:Privilege

33 The statistics, information and documentation obtained by the Minister under this Act, by the Energy Supplies Allocation Board under section 15 or by the persons referred to in paragraphs 34(a) and (b) are privileged and shall not knowingly be or be permitted to be communicated, disclosed or made available without the written consent of the person from whom they were obtained.

Marginal note:Exceptions

34 The statistics, information and documentation obtained under this Act may be communicated, disclosed or made available for the purposes of the administration or enforcement of this Act, legal proceedings related thereto or criminal proceedings under this Act or any other Act of Parliament and may be communicated, disclosed or made available

• (a) to the Minister of Finance solely for the purposes of evaluating and formulating tax policy in relation to energy matters; and

• (b) to the Chief Statistician of Canada for the purposes of the Statistics Act.

Marginal note:Evidentiary privilege

35 Notwithstanding any other Act or law, no person who obtains any statistic, information or documentation under this Act shall be required, in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Act or criminal proceedings under this Act or any other Act of Parliament, to give evidence relating to any statistic, information or documentation that is privileged under this Act or to produce any statement, document, writing or portion thereof containing any such statistic, information or documentation.

Marginal note:Disclosure to public

• 36 (1) Notwithstanding anything in this Act, the Minister may disclose any statistic, information or documentation obtained under this Act where he considers the disclosure to be in the public interest, taking into account the competitive position of the individual, corporation, partnership, trust, organization or association of persons affected by the disclosure.

• Marginal note:Notification and opportunity to make representations

  (2) Where the Minister proposes to disclose any statistic, information or documentation pursuant to subsection (1) in a form that identifies or permits the identification of the individual, corporation, partnership, trust, organization or association of persons to which the statistic, information or documentation relates, the Minister shall so notify that individual, corporation, partnership, trust, organization or association of persons and afford him or it a reasonable opportunity to make representations with respect to the effect that the disclosure of the statistic, information or documentation might have on his or its competitive position.

Enforcement

Marginal note:Obligation or duty on persons

• 37 (1) Any obligation or duty imposed by or under this Act on any energy enterprise that is

  • (a) a partnership shall be carried out or complied with by the partners of the partnership;

  • (b) a trust shall be carried out or complied with by the trustee of the trust; or

  • (c) an organization shall be carried out or complied with by such persons responsible for the administration and management of the organization as are prescribed.

• Marginal note:Idem

  (2) Any obligation or duty imposed by or under this Act on any association of persons shall be carried out or complied with by the persons forming part of that association.

Marginal note:Failure to file return or provide supplementary information

38 Every person who

• (a) fails to file a return as and when required by this Act,

• (b) fails to comply with a requirement of the Minister pursuant to section 7 or 13,

• (c) fails to comply with section 8, 14, 30, 31 or 32, or

• (d) contravenes or fails to comply with section 33

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

Marginal note:False information

39 Every person who, under this Act, submits any statistic, information or documentation, makes any statement or answers any question, whether in connection with any return filed under this Act or any audit or examination carried out pursuant to this Act, knowing that the statistic, information, documentation, statement or answer is false or misleading or misrepresents or fails to disclose a material fact, is guilty of an offence and liable

• (a) on summary conviction, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months or to both; or

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

Marginal note:Officers, etc., of corporation

40 Where a corporation commits an offence under this Act, 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.

Regulations

Marginal note:Regulations

41 The Governor in Council may make regulations

• (a) defining the term “organization” for the purposes of this Act;

• (b) exempting any energy enterprise or oil and gas dealer, or any class thereof, from the requirement of filing a return under this Act;

• (c) prescribing any matter or thing that is by this Act to be prescribed; and

• (d) respecting such other matters or things as are necessary to carry out the provisions of this Act.

Marginal note:Act referred to Committee of House of Commons

42 This Act shall be deemed to be referred, for review and report, to the first sitting of the Committee of the House of Commons that normally considers oil and gas matters, following February 18, 1988.