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

Marginal note:Water transportation

• 37 (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

  • (a) to order any Canadian ship to be used or sailed as required by the Board, and

  • (b) to authorize a ship that is not a Canadian ship to carry any controlled product between points in Canada when no Canadian ship is available to carry the controlled product,

  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 giving 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 in order to satisfy itself that a proposed direction would have the least detrimental effect on the carriage of goods by water in Canada consistent with the need to carry out the purposes of this Act.

• Marginal note:Exemption duties and licences

  (3) The Board may, by order, exempt any non-Canadian ship engaged in Canadian coasting trade pursuant to an order of the Canadian Transportation Agency under paragraph (1)(b) from

  • (a) the payment of any customs duty and excise tax that would be payable in respect of that ship and its appurtenances and spares by virtue of its engagement in Canadian coasting trade; and

  • (b) the requirement for a licence under the Coasting Trade Act.

Marginal note:Motor transport

38 In respect of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act, the Board may authorize the operation of the undertaking for the transport of a controlled product notwithstanding any provision of that Act or the Canada Transportation Act or any regulations made pursuant to either of those Acts.

Marginal note:Approval required

• 39 (1) Where a direction under section 35, 36 or 37 would require the construction of works pursuant to an order of the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under any of those sections, the direction shall not be made by the Board unless it is satisfied that sufficient financing is available for the construction of the work to be directed and the Governor in Council has approved the making of the direction.

• Marginal note:Idem

  (2) Where compliance with any regulation under this Act would require the construction of any work, the regulation shall not be enforced unless the Board is satisfied that the costs involved are not excessive in all the circumstances of the case, that sufficient financing is available for the construction of the work and that the Minister of Natural Resources has been informed of the costs involved and approves the enforcement of the regulation.

Marginal note:Enforcement of orders

40 Without limiting the application of sections 41 and 42 of this Act, an order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under any directions issued by the Energy Supplies Allocation Board under sections 35 to 37 of this Act may be enforced in the same manner as any order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under the Canada Transportation Act or the Canadian Energy Regulator Act, as the case may be.

Confidentiality of Information

Marginal note:Information privileged

• 40.1 (1) Subject to subsection (2), all information and documentation obtained by the Board under or in connection with this Act is 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

  (2) Information and documentation obtained by the Board under or in connection with 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 or any other Act of Parliament.

• Marginal note:Evidentiary privilege

  (3) Notwithstanding any other Act or law, no person who obtains any information or documentation under or in connection with this Act shall be required, in connection with any legal proceedings, other than proceedings referred to in subsection (2), to give evidence relating to any information or documentation that is privileged under this Act or to produce any statement, document, writing or portion thereof containing any such information or documentation.

Enforcement

Marginal note:Offence

• 41 (1) A person who wilfully contravenes a regulation under this Act is guilty of an offence and liable

  • (a) on summary conviction to a fine not exceeding one thousand dollars; or

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

• Marginal note:Offence

  (2) A person who wilfully contravenes an order of the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator made pursuant to a direction of the Energy Supplies Allocation Board under this Act is guilty of an offence and liable

  • (a) on summary conviction to a fine not exceeding ten thousand dollars; or

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

• Marginal note:Continuing offence

  (3) Where an offence under this Act is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued.

• Marginal note:Limitation period

  (4) Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.

Marginal note:Injunctions and orders

• 42 (1) When it appears to the Board that a person or an organization has engaged in, is engaged in or is about to engage in any acts or practices in contravention of a provision of a regulation made under this Act or in contravention of a decision or an order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under a direction given under this Act, the Board may request the Attorney General of Canada to bring an action in a superior court to enjoin those acts or practices.

• Marginal note:Power of court

  (2) The court before which an action is brought under this section may

  • (a) grant a temporary restraining order or an interlocutory injunction;

  • (b) order any person to comply with a regulation under this Act or any decision or order of the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator that is made pursuant to a direction given under this Act; and

  • (c) make such other order as may be deemed necessary to effect compliance with a regulation under this Act.

PART IVOther Provisions

Marginal note:Binding on Her Majesty

43 This Act is binding on Her Majesty.

Marginal note:Termination of programs

• 44 (1) Subject to this section, a mandatory allocation program terminates with the end of the eleventh month following the month in which the program came into force.

• Marginal note:Earlier termination

  (2) A mandatory allocation program may be terminated by order of the Governor in Council on a day earlier than that prescribed under subsection (1).

• Marginal note:Extension of program periods

  (3) A mandatory allocation program may be extended beyond its termination date, from time to time, by an order made by the Governor in Council for that purpose but that order shall not extend a mandatory allocation program for any one period in excess of twelve months.

• (4) and (5) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 72]

Marginal note:Consultation

45 Before the Governor in Council makes an order under section 15, 19, 20, 22, 29 or 44, the lieutenant governor in council of each province shall be consulted with respect to the proposed order to the extent that, in the opinion of the Governor in Council, it is practicable to do so in the circumstances.

Marginal note:Tabling in Parliament when sitting

• 46 (1) Subject to subsection (4), a motion for confirmation of an order made under section 15, signed by a minister of the Crown, together with an explanation of the reasons for making the order and a report on any consultation with the lieutenant governors in council of the provinces with respect to the order, shall be laid before each House of Parliament within seven sitting days after the order is made.

• Marginal note:Summoning Parliament or House

  (2) If an order is made under section 15 during a prorogation of Parliament or when either House of Parliament stands adjourned, Parliament or that House, as the case may be, shall be summoned forthwith to sit within seven days after the order is made.

• Marginal note:Summoning Parliament

  (3) If an order is made under section 15 at a time when the House of Commons is dissolved, Parliament shall be summoned to sit at the earliest opportunity after the order is made.

• Marginal note:Tabling in Parliament after summoned

  (4) Where Parliament or a House of Parliament is summoned to sit in accordance with subsection (2) or (3), the motion, explanation and report described in subsection (1) shall be laid before each House of Parliament or that House of Parliament, as the case may be, on the first sitting day after Parliament or that House is summoned.

• Marginal note:Consideration

  (5) Where a motion is laid before a House of Parliament as provided in subsection (1) or (4), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.

• Marginal note:Vote

  (6) A motion taken up and considered in accordance with subsection (5) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

• Marginal note:Revocation of order

  (7) If a motion for confirmation of an order is negatived by either House of Parliament, the order is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.

Marginal note:Motion for revocation

• 47 (1) Where a motion, for the consideration of the Senate or the House of Commons, to the effect that an order made under section 15 be revoked, signed by not less than ten members of the Senate or twenty members of the House of Commons, as the case may be, is filed with the Speaker thereof, that House of Parliament shall take up and consider the motion within three sitting days after it is filed.

• Marginal note:Vote

  (2) A motion taken up and considered in accordance with subsection (1) shall be debated without interruption for not more than ten hours and, on the expiration of the tenth hour or at such earlier time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

• Marginal note:Revocation of order

  (3) If a motion debated in accordance with subsection (2) is adopted by the House, the order is revoked effective on the day specified in the motion, which day may not be earlier than the day of the vote adopting the motion.

Marginal note:Tabling in Parliament

• 48 (1) A motion for confirmation of an order made under section 19, 20, 22, 29 or 44, signed by a minister of the Crown, together with an explanation of the reasons for making the order and a report on any consultation with the lieutenant governors in council of the provinces with respect to the order, shall be laid before each House of Parliament within seven sitting days after the order is made.

• Marginal note:Consideration

  (2) Where a motion is laid before a House of Parliament as provided in subsection (1), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.

• Marginal note:Vote

  (3) A motion taken up and considered in accordance with subsection (2) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

• Marginal note:Revocation of order

  (4) If a motion for confirmation of an order is negatived by either House of Parliament, the order is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.