Short Title

1 These Regulations may be cited as the Energy Monitoring Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Energy Monitoring Act; (Loi)

CICA Handbook

CICA Handbook means the handbook prepared and published by the Canadian Institute of Chartered Accountants. (Manuel de l'I.C.C.A.)

Prescribed Products

3 For the purposes of the definition "energy commodity" in subsection 2(1) of the Act, the following products resulting from the processing or refining of oil or gas are prescribed:

• (a) aviation fuels;

• (b) motor gasoline and motor gasoline blending components;

• (c) stove oil and kerosene;

• (d) diesel fuel;

• (e) fuel oils;

• (f) semi-refined feedstreams for the manufacture of any of the products set out in paragraphs (a) to (e);

• (g) feedstreams, not in themselves petrochemicals, used in the manufacture of petrochemicals;

• (h) slack wax;

• (i) asphalt;

• (j) petroleum coke;

• (k) feedstream for refining into lubricants, process oils or hydrocarbon solvents;

• (l) liquified petroleum gases including propane, butane, ethane and mixtures thereof; and

• (m) sulphur.

Prescribed Reporting Periods

4 For the purposes of sections 5 and 6 of the Act, each of the following periods is prescribed as a reporting period:

• (a) the 1982 calendar year and each calendar year after 1982; and

• (b) the six month period commencing on January 1, 1983 and ending on June 30, 1983 and the first six months of each calendar year after 1983.

Annual and Semi-annual Returns

• 5 (1) Subject to subsections (2) and (3), every energy enterprise to which section 5 or 6 of the Act applies shall complete and file with the Minister, for each prescribed reporting period referred to in paragraph 4(a), a return in the form set out in Schedules I to XI.

• (2) Every energy enterprise referred to in subsection (1) that is a corporation shall include with the return referred to in that subsection a statement that contains the information required, for the period set out in that subsection, by the following forms, namely,

  • (a) Schedule II to the Corporations and Labour Unions Returns Act Regulations,

  • (b) Statistics Canada forms FPS, MPS, BP-21, BP-22, BP-51, BP-52 and BP-53 or Schedule III to the Corporations and Labour Unions Returns Act Regulations,

  • (c) Statistics Canada form BP-59,

  • (d) the Statistics Canada forms entitled "Research and Development in Canadian Industry" and "Energy R & D Expenditures",

  • (e) the Statistics Canada form entitled "Quarterly Survey Corporation Financial Statements and Capital Expenditures, Petroleum and Natural Gas", and

  • (f) the Statistics Canada annual form entitled "Employment and Payroll"

  unless that enterprise has provided, no later than the dates mentioned in the respective forms, that information to the Chief Statistician of Canada under the authority of the Statistics Act or the Corporations and Labour Unions Returns Act and has, in the case of the Statistics Act and in accordance with the provisions of section 12 of that Act, consented to the disclosure of that information to the Petroleum Monitoring Agency.

• (3) Where the fiscal year of any energy enterprise does not coincide with a calendar year, the return required to be filed by that energy enterprise for a prescribed reporting period referred to in paragraph 4(a) shall contain statistics and information relating to the most recently completed fiscal year of that energy enterprise ending in the prescibed reporting period. 

  • SOR/85-328, s. 1
  • SOR/86-375, s. 1
  • SOR/87-462, s. 1(F)
  • SOR/90-254, s. 1
  • SOR/91-569, s. 1(F)

• 6 (1) Subject to subsection (2), every energy enterprise to which section 5 of 6 of the Act applies shall complete and file with the Minister, for each prescribed reporting period referred to in paragraph 4(b), a return in the form set out in Schedules I to IX.

• (2) Where the first six months of the fiscal year of an energy enterprise do not correspond with the first six months of a calendar year, the return required to be filed by that energy enterprise for a prescribed reporting period referred to in paragraph 4(b) shall contain statistics and information relating to the most recently completed six month fiscal period of that energy enterprise ending in the prescribed reporting period.

7 All returns required to be filed for a prescribed reporting period shall be filed with the Minister, through the Petroleum Monitoring Agency in Ottawa, within the 90 day period following the end of the prescribed reporting period.

Determination of Gross Annual Revenues and Assets in Canada

• 8 (1) For the purposes of paragraph 4(a) of the Act, the gross annual revenues of an energy enterprise shall be determined in accordance with the recommendations set out in the CICA Handbook as it read on the coming into force of these Regulations without deducting or allowing for any expenses other than

  • (a) those expenses or charges normally deducted or allowed in accordance with the CICA Handbook for the purpose of determining gross revenues; and

  • (b) royalties or taxes collected on behalf of Canada, a province or municipal authority.

• (2) For the purposes of paragraph 4(b) of the Act, the assets of an energy enterprise related to its activities referred to in the definition "energy enterprise" in subsection 2(1) of the Act shall be determined in accordance with the recommendations set out in the CICA Handbook as it read on the coming into force of these Regulations.