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

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Act current to 2024-05-14

Energy Monitoring Act

R.S.C., 1985, c. E-8

An Act respecting energy monitoring

Short Title

Marginal note:Short title

 This Act may be cited as the Energy Monitoring Act.

  • 1980-81-82-83, c. 112, s. 1

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    Agency

    Agency[Repealed, 2001, c. 34, s. 42]

    Canada

    Canada includes the continental shelf of Canada; (Canada)

    energy commodity

    energy commodity means oil and gas and any prescribed product resulting from the processing or refining of oil or gas and, where there is a designation in respect of coal, thorium and uranium, or any of those substances, under section 10, includes all those substances, or the designated substance, as the case may be, and any prescribed product resulting from the processing or refining of the designated substance or substances; (produit énergétique)

    energy enterprise

    energy enterprise means any individual, corporation, partnership, trust or organization engaged in the exploration for, or the development, production, processing or refining of, any energy commodity in Canada; (entreprise énergétique)

    gas

    gas means any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state; (gaz)

    Minister

    Minister means the Minister of Natural Resources; (ministre)

    oil

    oil means any hydrocarbon or mixture of hydrocarbons other than coal or gas; (pétrole)

    oil and gas dealer

    oil and gas dealer means any person or association of persons who supplies, transports or stores oil, gas or petroleum products and includes, without limiting the generality of the foregoing, any exporter, importer, refiner, processor, wholesale marketer, jobber, distributor, terminal operator or broker who supplies oil, gas or petroleum products; (négociant en pétrole et en gaz)

    organization

    organization has the meaning assigned to that term by the regulations; (organisme)

    petroleum product

    petroleum product means a prescribed product resulting from the production, processing or refining of oil or gas; (produit pétrolier)

    prescribed

    prescribed means prescribed by the regulations. (Version anglaise seulement)

  • Marginal note:Meaning of control

    (2) For the purposes of subsection 5(2) and paragraphs 6(f) and 7(b), a corporation (in this section referred to as the “controlled corporation”) is controlled by an energy enterprise or another corporation if voting securities of the controlled corporation to which are attached more than fifty per cent of the votes that may be cast to elect directors are held, directly or indirectly, other than by way of security only, by or for the benefit of the energy enterprise or other corporation.

  • R.S., 1985, c. E-8, s. 2
  • 1994, c. 41, s. 37
  • 1996, c. 31, s. 80
  • 2001, c. 34, s. 42

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada and in right of any province.

  • 1980-81-82-83, c. 112, s. 3

Energy Enterprise Monitoring

Marginal note:Application

 Subject to section 7, this Act applies to every energy enterprise that has

  • (a) gross annual revenues derived from the activities referred to in the definition “energy enterprise” in subsection 2(1), determined in prescribed manner, in excess of ten million dollars or such higher amount as is prescribed; or

  • (b) assets related to its activities referred to in the definition “energy enterprise” in subsection 2(1), determined in prescribed manner, in excess of ten million dollars or such higher amount as is prescribed.

  • R.S., 1985, c. E-8, s. 4
  • 1993, c. 34, s. 62(F)

Marginal note:Return of Canadian energy enterprise

  •  (1) Unless exempted by the regulations, every energy enterprise shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that energy enterprise, a return setting out statistics and information relating to

    • (a) its ownership and control;

    • (b) its sources and application of funds;

    • (c) its financial position and performance;

    • (d) its exploration for, development, production, processing, refining and marketing of energy commodities;

    • (e) its costs and revenues in connection with each of its activities referred to in paragraph (d);

    • (f) the exploration expenditures, development expenditures, resource allowances, capital cost allowances, non-capital losses and the other deductions, credits and allowances deducted under the Income Tax Act in the computation of income from and taxes payable on each of its activities referred to in paragraph (d);

    • (g) the amounts with respect to the expenditures, allowances, losses, deductions and credits referred to in paragraph (f) that can be carried forward in accordance with the provisions of the Income Tax Act;

    • (h) the distribution and disposition of its revenues and profits;

    • (i) its energy commodity resources, reserves and properties;

    • (j) its ownership of or interest in any corporation, partnership, trust or organization;

    • (k) its research and development programs; and

    • (l) such other matters concerning each of its activities referred to in paragraph (d) and the funds derived from those activities as are prescribed.

  • Marginal note:Additional statistics and information

    (2) In addition to the statistics and information referred to in subsection (1), every energy enterprise required to file a return under subsection (1) shall set out, in prescribed form and manner, in every return required by that subsection, statistics and information relating to the matters referred to in paragraphs (1)(b) to (l) in respect of every corporation it controls.

  • Marginal note:Application

    (3) This section does not apply to any energy enterprise required to file a return under section 6.

  • 1980-81-82-83, c. 112, s. 5

Marginal note:Return of foreign energy enterprise

 Unless exempted by the regulations, where an energy enterprise is

  • (a) an individual not ordinarily resident in Canada,

  • (b) a corporation incorporated elsewhere than in Canada,

  • (c) a partnership all the partners of which are individuals not ordinarily resident in Canada or corporations incorporated elsewhere than in Canada, or

  • (d) a trust the trustee and the beneficiary of which are, with respect to their status as such, governed by the laws of a jurisdiction other than that of Canada or a province,

that energy enterprise shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that energy enterprise, a return setting out statistics and information relating to

  • (e) its ownership and control, and

  • (f) the matters set out in paragraphs 5(1)(b) to (l) in respect of its holdings and operations in Canada and the holdings and operations in Canada of every corporation it controls.

  • 1980-81-82-83, c. 112, s. 6

Marginal note:Minister may require return

 Where the Minister is of the opinion that it is in the public interest, he may require

  • (a) any energy enterprise to which this Act does not apply to file, in prescribed form and manner, a return setting out the statistics and information referred to in section 5 or 6, as the case may be; and

  • (b) any corporation that controls a corporation that is an energy enterprise to file, in prescribed form and manner, a return setting out statistics and information relating to the matters set out in paragraphs 5(1)(a), (b), (h) and (j).

  • 1980-81-82-83, c. 112, s. 7

Marginal note:Supplementary statistics, information and documentation

 Every energy enterprise required to file a return by or under this Act shall submit such additional statistics, information and documentation as may be required by the Minister for any purpose related to the administration or enforcement of this Act.

  • 1980-81-82-83, c. 112, s. 8

 [Repealed, 2001, c. 34, s. 43]

Marginal note:Extension

 The Governor in Council may, by order, designate coal, thorium and uranium, or any of those substances, as an energy commodity for the purposes of this Act.

  • 1980-81-82-83, c. 112, s. 10

Oil and Gas Dealer Monitoring

Marginal note:Application

 Subject to section 13, this Act does not apply, with respect to any reporting period, to any oil and gas dealer who supplied, transported or stored less than one hundred million litres of oil, gas or petroleum products in the twelve months that immediately preceded that period.

  • 1980-81-82-83, c. 112, s. 11

Marginal note:Return of oil and gas dealer

 Unless exempted by the regulations, every oil and gas dealer shall file with the Minister, in prescribed form and manner, for each prescribed reporting period that applies to that oil and gas dealer, a return setting out statistics and information relating to

  • (a) his production, processing, refining, storage, marketing, sale and use of oil, gas and petroleum products; and

  • (b) his costs, revenues, prices and profits in connection with each activity referred to in paragraph (a).

  • 1980-81-82-83, c. 112, s. 12

Marginal note:Minister may require return

 Where the Minister is of the opinion that it is in the public interest, he may require any oil and gas dealer to whom this Act does not apply to file, in prescribed form and manner, a return setting out the statistics and information referred to in section 12.

  • 1980-81-82-83, c. 112, s. 13

Marginal note:Supplementary statistics, information and documentation

 Every oil and gas dealer required to file a return by or under this Act shall submit such additional statistics, information and documentation as may be required by the Minister for any purpose related to the administration or enforcement of this Act.

  • 1980-81-82-83, c. 112, s. 14

Marginal note:Statistics, information and documentation available to Board

 The Minister may make the statistics, information and documentation obtained by him under this Act that relate to oil and gas dealers available to the Energy Supplies Allocation Board established under the Energy Supplies Emergency Act.

  • 1980-81-82-83, c. 112, s. 15

 [Repealed, 2001, c. 34, s. 44]

General

Reports Regarding Energy Commodities and Energy Enterprises

Marginal note:Reports

  •  (1) Subject to subsection (2), the Minister may publish any reports that the Minister considers appropriate and necessary in respect of energy commodities and energy enterprises and their holdings and operations.

  • Marginal note:Disclosure of certain information only

    (2) The Minister shall not disclose in any report published under subsection (1) any statistic, information or documentation obtained by the Minister under this Act or any other Act of Parliament that identifies or permits the identification of the individual, corporation, partnership, trust or organization to which the statistic, information or documentation relates without the written consent of that individual, corporation, partnership, trust or organization.

  • R.S., 1985, c. E-8, s. 29
  • 2001, c. 34, ss. 44, 45

Documents, Records and Books of Account

Marginal note:Documents, records and books of account

 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.

  • 1980-81-82-83, c. 112, s. 30

Marginal note:Disposal of records

 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.

  • 1980-81-82-83, c. 112, s. 31

Marginal note:Assistance to authorized persons

 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.

  • 1980-81-82-83, c. 112, s. 32

Disclosure of Statistics and Information

Marginal note:Privilege

 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.

  • R.S., 1985, c. E-8, s. 33
  • 2001, c. 34, s. 46

Marginal note:Exceptions

 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.

  • 1980-81-82-83, c. 112, s. 34
 

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