Administrative Monetary Penalties Regulations (Canadian Energy Regulator)

Contents

The National Energy Board, pursuant to section 134 of the National Energy Board Act, makes the annexed Administrative Monetary Penalties Regulations (National Energy Board).Calgary, May 17, 2013His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 134 of the National Energy Board Act, approves the annexed Administrative Monetary Penalties Regulations (National Energy Board), made by the National Energy Board on May 17, 2013.^note^note

1Definition of Act#

In these Regulations, Act means the Canadian Energy Regulator Act.^note

2Provisions of the Act or regulations#

(1)The contravention of a provision of the Act or any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act.

(2)The contravention of any order or decision made under the Act is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act.

(3)The failure to comply with a condition of any certificate, licence, permit, authorization, leave or exemption that is granted under the Act is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act.

(4)In the event of a discrepancy between the short-form descriptions in Schedule 1 and the provision to which it pertains, the provision prevails.

^note

Classification

3Provisions#

(1)The violation of a provision that is set out in column 1 of Schedule 1 is classified as a Type A or Type B violation as set out in column 3 of that Schedule.

(2)The contravention of an order or decision referred to in subsection 2(2) or the failure to comply with a condition referred to in subsection 2(3) is a Type B violation.

Penalties

4Penalty#

(1)The penalty for a violation is the amount set out in column 2 or 3 of Schedule 2 that corresponds to the type of violation, the total gravity value set out in column 1 and whether the violation was committed by an individual or a person other than an individual.

(2)The total gravity value in respect of a violation is to be established by considering each of the criteria in column 1 of the table to this section, by ascribing to each criterion an appropriate gravity value, having regard to the circumstances of the violation, from those set out in column 2 and by adding the values obtained.Item | Column 1 | Column 2Criteria | Effect on Gravity Value1 | Whether the person who committed the violation has other violations in the previous 7 years | 0 to +22 | Whether the person derived any competitive or economic benefit from the violation | 0 to +23 | Whether the person made reasonable efforts to mitigate or reverse the violation’s effects | –2 to +24 | Whether there was negligence on the part of the person who committed the violation | 0 to +25 | Whether the person provided all reasonable assistance to the Regulator with respect to the violation | –2 to +26 | Whether the person, after becoming aware of the violation, promptly reported the violation to the Regulator | –2 to +27 | Whether the person has taken any steps to prevent recurrence of the violation | –2 to +28 | For type B violations, whether the violation was primarily a reporting or record-keeping requirement failure | –2 to 09 | Whether there are any other aggravating factors in relation to the risk of harm to people or the environment | 0 to +3

Service of Documents

5Manner of service#

(1)The service of a document required or authorized under subsection 120(1) or 128(2) of the Act is to be made by

(a)in the case of an individual,

(i)leaving a copy of it with the individual,

(ii)leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or

(iii)sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and

(b)in the case of a person other than an individual,

(i)leaving a copy of it at the person’s head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business,

(ii)sending a copy of it by registered mail, courier or fax to the person’s head office or place of business, or

(iii)sending a copy of it by electronic means other than by fax to any individual referred to in subparagraph (i).

(2)A document — other than a document that is personally served — is considered to be served

(a)in the case of a copy that is left with an adult referred to in subparagraph (1)(a)(ii), on the day on which the document is left with the adult;

(b)in the case of a copy that is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service; and

(c)in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted.

Coming into Force

*6S.C. 2012, c. 19#

These Regulations come into force on the day on which section 98 of the Jobs, Growth and Long-term Prosperity Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

Schedule 1 · Violations (Subsections 2(1) and (4) and subsection 3(1))

Schedule 2 · (Subsection 4(1))

Item | Column 1 | Column 2 | Column 3Gravity Level | Type A Violation | Type B ViolationIndividual | Any Other Person | Individual | Any Other Person1 | –3 or less | $250 | $1,000 | $1,000 | $4,0002 | –2 | $595 | $2,375 | $4,000 | $16,0003 | –1 | $990 | $3,750 | $7,000 | $28,0004 | 0 | $1,365 | $5,025 | $10,000 | $40,0005 | 1 | $1,740 | $6,300 | $13,000 | $52,0006 | 2 | $2,115 | $7,575 | $16,000 | $64,0007 | 3 | $2,490 | $8,850 | $19,000 | $76,0008 | 4 | $2,865 | $10,125 | $22,000 | $88,0009 | 5 or more | $3,000 | $12,000 | $25,000 | $100,000

Related provisions

— SOR/2016-135, s. 4For the purposes of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.