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

Act current to 2013-04-29 and last amended on 2012-03-16. Previous Versions

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 National Energy Board pursuant to 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 National Energy Board under the Canada Transportation Act or the National Energy Board Act, as the case may be.

  • R.S., 1985, c. E-9, s. 40;
  • R.S., 1985, c. 28 (3rd Supp.), s. 286;
  • 1996, c. 10, s. 220.

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.

  • 1990, c. 2, s. 8.

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 National Energy Board 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.

  • R.S., 1985, c. E-9, s. 41;
  • R.S., 1985, c. 28 (3rd Supp.), s. 359;
  • 1996, c. 10, s. 221.