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

Marginal note:Regulating exports

• 27 (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 Canadian Energy Regulator 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.

Marginal note:Conflict

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

PART IIRationing of Controlled Products

Marginal note:Consumer and other rationing

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• (2) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 70]

Marginal note:Regulations

30 For the purpose of implementing an order under section 29, the Board may, with the approval of the Governor in Council, make regulations

• (a) extending the mandatory allocation program established pursuant to Part I and converting it into a rationing program in respect of one or more controlled products;

• (b) applying mandatory allocation of the supplies of the controlled product to retailers and retail customers under the rationing program;

• (c) establishing categories of consumers of the controlled product and determining priorities of supply in respect of each category of consumer;

• (d) establishing categories of use of the controlled product and providing for the prohibition or limiting of the supply of the controlled product to any categories of consumers or categories of uses;

• (e) respecting the rationing of consumers by the issuing of coupons, permits or other written authority to sell or purchase quantities of the controlled product and the quantities to be made available within any period or periods of time to various categories of consumers;

• (f) respecting the compiling of an inventory of the supplies of the controlled product held by retailers from time to time;

• (g) respecting the establishment of local, regional and central rationing boards to supervise and administer the rationing program in the various parts of Canada;

• (h) respecting the printing and distribution of written authorizations, coupons, permits, tickets or other documents required for the rationing program and the prices at which any of those printed materials may be sold and providing for the use to be made of the services of any department or agency of the Government of Canada in distributing, returning and accounting for any of those printed materials;

• (i) respecting the keeping of accounts relating to sales and purchases of any controlled product and the making of those accounts available to the Board and its agents or mandataries;

• (j) respecting the prices at which any controlled product may be sold to retailers and to the customers of retailers;

• (k) 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;

• (l) notwithstanding anything in any other Act, authorizing and empowering banks to which the Bank Act applies, trust companies to which the Trust Companies Act applies and such other financial institutions as are specified in the regulations to perform such functions and duties relating to the administration and enforcement of an order made under section 29 as are specified in the regulations; and

• (m) respecting such other matters or things, whether or not of a like kind to those referred to in paragraphs (a) to (l), as the Board considers necessary for the purpose of carrying out a rationing program.

PART IIIGeneral and Administration

Contractual Obligations

Marginal note:Contracts

• 31 (1) Where pursuant to a regulation under this Act any person is required to do or to omit to do anything contrary to the terms and conditions of any contract entered into by that person, the contract is modified to the extent necessary to enable compliance to be made with the requirements of the regulation.

• Marginal note:Frustration

  (2) Subsection (1) does not apply in circumstances where the modification to a contract, except to the extent that it would change the price at which a controlled product may or is to be sold under the contract, would impose on the parties a contract fundamentally different from that which they entered into.

• Marginal note:Defence

  (3) Without precluding any other defence available in law, it is a good defence to any action brought in any court for breach of contract

  • (a) arising out of a delay or a failure to provide, sell or offer for sale or exchange any product, or

  • (b) arising out of a delay or a failure to provide any service

  that the delay or failure was caused solely by compliance with a regulation under this Act or with an order made by any authority pursuant to a direction of the Board under this Act.

Compensation

Marginal note:Compensation

• 32 (1) Subject to subsection (2) and the regulations made under section 32.1, the Minister of Natural Resources shall award reasonable compensation to any person who suffers deprivation of property as a result of anything done, or purported to be done, under this Act or any order or regulation made thereunder.

• Marginal note:Release

  (2) No compensation shall be paid to a person under this section unless that person, in consideration of the compensation, signs, in a form provided by the Minister of Natural Resources, a release of any right of action that the person may have against Her Majesty in right of Canada in respect of any deprivation of property as a result of any thing done, or purported to be done, under this Act or any order or regulation made thereunder.

Marginal note:Regulations

32.1 The Governor in Council may make regulations

• (a) prescribing the form and manner of making applications for compensation under section 32, the information and evidence to be submitted in connection therewith and the procedure to be followed in the consideration of applications for compensation;

• (b) prescribing the period within which applications for compensation must be made;

• (c) prescribing the criteria to be used in determining the eligibility of any person for compensation;

• (d) prescribing the methods and criteria to be used in assessing any deprivation of property for which compensation shall be paid;

• (e) prescribing the maximum amount of compensation that may be paid to any person either generally or with respect to any particular deprivation of property;

• (f) prescribing the terms and conditions for the payment of compensation;

• (g) providing for the payment of compensation in a lump sum or in periodic payments;

• (h) providing for pro rata payments of compensation;

• (i) establishing priorities among persons applying for compensation on the basis of classes of persons or classes of deprivation of property or otherwise;

• (j) respecting the giving of notices to persons affected by applications for compensation; and

• (k) generally, for carrying into effect the purposes and provisions of section 32.

Appeals

Marginal note:Assessor and Deputy Assessors

• 32.2 (1) The Governor in Council shall, from among the judges of the Federal Court, appoint an Assessor and such number of Deputy Assessors as the Governor in Council considers necessary to hear and determine appeals from decisions of the Minister under section 32 and, subject to this Part, may prescribe their jurisdiction.

• Marginal note:Acting assessor

  (2) The Governor in Council shall, from among the judges of the Federal Court, appoint an acting assessor to act in the place of the Assessor in the event of the Assessor’s absence or incapacity.

• Marginal note:Deputy Assessor

  (3) The Assessor may designate a Deputy Assessor to hear and determine any appeal under section 32.3 and, where the Assessor does so, the references in sections 32.4 and 32.5 to the “Assessor” shall be construed as including references to the “Deputy Assessor”.

Marginal note:Appeal

• 32.3 (1) Any person who has applied for compensation under section 32 and is not satisfied with the decision of the Minister thereon may appeal the decision to the Assessor.

• Marginal note:Limitation period

  (2) No appeal may be made under this section more than three months after the day on which the person applying for compensation receives notice of the Minister’s decision thereon or such longer period as the Assessor may, either before or after the expiration of that period of three months, allow for special reasons.

Marginal note:Powers of Assessor

• 32.4 (1) On the hearing of an appeal under section 32.3, the Assessor may

  • (a) confirm the decision of the Minister;

  • (b) notwithstanding the maximum amount, if any, of compensation that may be paid to the person appealing, vary the decision of the Minister; or

  • (c) refer the matter back to the Minister for such further action as the Assessor may direct, including the calculation of compensation without regard to the maximum amount, if any, that may otherwise be paid.

• Marginal note:Costs

  (2) In any appeal under section 32.3, costs may be awarded to or against Her Majesty in right of Canada.

• Marginal note:Decision final

  (3) The decision of the Assessor on any appeal under section 32.3 is final and conclusive and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

• Marginal note:Payment

  (4) Where the Assessor varies a decision of the Minister by awarding compensation or increasing the amount of compensation awarded by the Minister or, on a matter referred back for further action, the Minister increases the amount of compensation previously awarded, the Minister shall pay that compensation or increased compensation, as the case may be.

Marginal note:Sittings and hearings

• 32.5 (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for such sittings and hearings as may be required.

• Marginal note:Expenses

  (2) The Assessor is entitled to be paid such travel allowances as are paid for attendances as a judge of the Federal Court under the Judges Act.