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

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.

Marginal note:Procedure

32.6 The Assessor may, with the approval of the Governor in Council, make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Assessor deems necessary to enable the discharge of the Assessor’s duties under this Part.

Marginal note:Registrar

32.7 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to deal with appeals under section 32.3.

Marginal note:Payment out of C.R.F.

32.8 Compensation and costs awarded against Her Majesty in right of Canada under this Part shall be paid out of the Consolidated Revenue Fund.

Restrictive Trade Practices

Marginal note:Application for exemption

• 33 (1) Where, in order to comply with any request in writing from the Minister to develop or carry out an implementation plan or arrangement in relation to this Act or with any regulation under this Act, a person would be required to enter into any agreement, arrangement or course of action that might cause that person to contravene the Competition Act, that person may apply to the Board for an order exempting that person from that Act in respect of that particular agreement, arrangement or course of action.

• Marginal note:Consultation with Minister of Industry

  (2) In considering an application under subsection (1), the Board shall consult with the Minister of Industry regarding the extent to which the agreement, arrangement or course of action in respect of which application is made for exemption from the Competition Act would create or maintain restrictive trade practices or situations inconsistent with the Competition Act.

• Marginal note:Exemption Order

  (3) After consulting with the Minister of Industry regarding any alternative agreement, arrangement or course of action that would avoid or overcome or mitigate any restrictive trade practices or situations inconsistent with the Competition Act, the Board may, by order, exempt the applicant and such other persons as it deems necessary from the provisions of the Competition Act in respect of any agreement, arrangement or course of action described in the exemption order, and thereupon that Act does not apply in respect of the described agreement, arrangement or course of action.

• Marginal note:Duration of exemption

  (4) An exemption order under this section shall be expressed to be for a period not in excess of twenty-four months, but it may be renewed by the Board for a further like period on an application therefor made and approved in like manner as in the case of the application for the exemption order in the first instance.

• Marginal note:Withdrawal of order

  (5) When the Board is of the opinion that an exemption order is no longer required in the public interest, it may, by notice to the persons to whom the order applies and to the Minister of Industry, withdraw the exemption order as of a day specified in the notice and after that specified day the exemption order ceases to have any effect.

Environmental Considerations

Marginal note:Sulphur discharge

• 34 (1) Where the Board considers it necessary, in order to conserve the available supplies of a controlled product, to make regulations providing for a relaxation of any provisions of law regulating or prohibiting the discharge of sulphur compounds into the atmosphere from fuel combustion at stationary sources, the Board may consult with such persons, organizations and authorities as, in the opinion of the Board, are in a position to assist it in formulating and making regulations that would permit conservation of the controlled product with the least detrimental effect on the public health and the environment.

• Marginal note:Consultation required

  (2) Before making a regulation under this section, the Board shall consult with both the Minister of the Environment and the Minister of Health regarding the relaxation of any provision of the law controlling the discharge of sulphur compounds into the atmosphere.

• Marginal note:Special permits required

  (3) A relaxation of any provision of the law regulating or prohibiting the discharge of sulphur compounds into the atmosphere pursuant to any regulations under this section may be authorized only by permits issued by the Board for periods of not longer than six months

  • (a) in respect of specific stationary sources, or

  • (b) in respect of a defined geographic area,

  and the nature and extent of the relaxation of any provision of the law authorized by the permit shall be set out in the permit.

• Marginal note:Contents of regulations

  (4) Regulations made under this section shall

  • (a) provide for a means of giving public notice of the issue of a permit under the regulations, which public notice shall be required to be given within ten days of its being issued and shall set out the contents of the permit;

  • (b) provide for a means whereby any provincial or municipal authorities or natural persons, or any of them, may demand and obtain a public hearing before a hearing officer to be appointed by the Minister of the Environment on the matter of any permit issued pursuant to the regulations, which hearing shall be required to be held expeditiously and a report thereon made to the Minister of the Environment and the Minister of Health forthwith on the completion of the hearing;

  • (c) provide that the report of a hearing officer on the matter of a permit issued pursuant to the regulations is to be made public and the manner in which that report is to be made public; and

  • (d) provide that a permit issued pursuant to the regulations may be revoked or altered by the Minister of the Environment or the Minister of Health if, in the opinion of the Minister, the report of a public hearing warrants that action.

• Marginal note:Tabling

  (5) Where a public hearing has been held on the matter of a permit issued pursuant to the regulations made under this section, a copy of that permit and the report of the hearing officer thereon shall be laid before Parliament forthwith on the receipt by the Minister of the Environment of the report of the hearing officer or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.

• Marginal note:Conflict

  (6) Where there is a conflict between any regulation made under this Act and any provisions of any other law regulating or prohibiting the discharge of sulphur compounds into the atmosphere, the regulation made under this Act prevails.

Transportation

Marginal note:Railway transportation

• 35 (1) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Board may direct the Canadian Transportation Agency to order railway cars, motive power or other railway equipment to be allotted, distributed, used or moved as required by the Board and to order railway lines and railway facilities to be used and shared as required by the Board, and the Agency is hereby vested with all such powers, in addition to its powers under the Canada Transportation Act as are necessary to enable the Agency to carry out or enforce the direction of the Board.

• Marginal note:Consultation with Canadian Transportation Agency

  (2) Before issuing a direction under this section, the Board shall consult with the Canadian Transportation Agency, and may consult with such other authorities as it considers necessary to assist it in determining the effect of its direction on the movement of other traffic by rail and satisfying itself that on balance the greater public interest would be served by its direction to the Agency.

• Marginal note:Conflict of statutory powers

  (3) Section 4 of the Canada Transportation Act does not apply in respect of any conflict between a regulation made under this Act and a regulation made under that Act, and in the event of any such conflict, the regulation made under this Act prevails.

Marginal note:Definition of pipeline company

• 36 (1) In this section, pipeline company means a company operating a pipeline in respect of which there is in force a certificate or other authority to operate a pipeline, issued under the Canadian Energy Regulator Act.

• Marginal note:Pipeline facilities

  (2) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Energy Supplies Allocation Board may direct the Commission of the Canadian Energy Regulator

  • (a) to require a pipeline company operating a pipeline for the transmission of gas or oil or both to provide such additional facilities for the receiving, transmission, delivering and storing of gas or oil as the Energy Supplies Allocation Board deems necessary for the more effective carrying out of a mandatory allocation program, whether or not to do so would impose an undue burden on the pipeline company;

  • (b) to require a pipeline company to divert any gas or oil carried by it to any person engaged in or legally authorized to engage in the local distribution of gas or oil to the public whether or not that diversion of gas or oil impairs the pipeline company’s ability to render adequate service to its existing customers; and

  • (c) to require a pipeline company to construct branch lines to such communities or large volume users adjacent to its pipeline as the Energy Supplies Allocation Board considers necessary in the public interest, whether or not to do so would impose an undue burden on the pipeline company.

• Marginal note:When pipeline not carrying controlled product

  (3) A direction under this section may be made in respect of a pipeline company and its facilities whether or not the commodity carried by its pipeline is a controlled product at the time the direction is made.

• Marginal note:Consultation

  (4) Before issuing a direction under this section, the Energy Supplies Allocation Board shall consult with the Commission of the Canadian Energy Regulator and may consult with such other authorities as it considers necessary to assist it in formulating a direction to the Commission of the Canadian Energy Regulator that would permit conservation of the available supplies of any controlled product with the least burden on the pipeline company or the least impairment of its services to its customers, as the case may be.

• Marginal note:Additional powers granted

  (5) The Commission of the Canadian Energy Regulator is vested with all powers, in addition to its powers under the Canadian Energy Regulator Act, that are necessary to enable it to carry out or enforce a direction of the Energy Supplies Allocation Board.

• Marginal note:Saving

  (6) It is not a contravention of section 235 of the Canadian Energy Regulator Act if a discrimination in tolls, services or facilities against any person arises solely as a consequence of compliance with any order of the Commission of the Canadian Energy Regulator that is made under a direction issued under this section, and section 236 of that Act is not applicable in respect of that discrimination.