Marginal note:Imprisonment precluded in certain cases
195.1 If an individual is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.
- 2014, c. 13, s. 40.
Marginal note:Orders of court
195.2 (1) If a person is convicted of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:
(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
(b) directing the offender to take any measures that the court considers appropriate to avoid any injury or damage that may result from the act or omission that constituted the offence, or to remedy any injury or damage resulting from it;
(c) directing the offender, at the offender’s own expense, to publish, in any manner that the court directs, the facts relating to the offence;
(d) directing the offender to submit to the Chief Safety Officer, on application by the Chief Safety Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;
(e) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations;
(f) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;
(g) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order; and
(h) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part.
Marginal note:Coming into force and duration of order
(2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.
(3) If an offender does not comply with an order under paragraph (1)(c) requiring the publication of facts relating to the offence, the Chief Safety Officer may publish the facts and recover the costs of publication from the offender.
- 2014, c. 13, s. 40.
Marginal note:Variation of sanctions
195.3 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under subsection 195.2(1), the court may, on application by the offender or the Chief Safety Officer, require the offender to appear before it and, after hearing the offender and the Chief Safety Officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:
(a) by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period, not exceeding one year, that the court considers appropriate; or
(b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period that the court considers appropriate, of compliance with any condition that is specified in the order.
(2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.
- 2014, c. 13, s. 40.
Marginal note:Subsequent applications with leave
195.4 If an application made under subsection 195.3(1) in relation to an offender has been heard by a court, no other application may be made under section 195.3 in relation to the offender except with leave of the court.
- 2014, c. 13, s. 40.
Marginal note:Recovery of fines and amounts
195.5 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 195.2(1) or 195.3(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.
- 2014, c. 13, s. 40.
Marginal note:Order to comply
196 Where a person is guilty of an offence under this Part, a court may, in addition to any other penalty it may impose, order that person to comply with the provisions of the Part, regulation or order for the contravention of which that person has been convicted.
Marginal note:Continuing offences
197 Where an offence under this Part 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 the offence is committed or continued.
198 [Repealed, 1992, c. 35, s. 83]
Marginal note:Time limited for summary conviction proceedings
199 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.
- 1987, c. 3, s. 199;
- 2014, c. 13, s. 41.
200 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made pursuant to this Part or the regulations and purporting to have been signed by the person authorized by this Part or the regulations to make that order or document is, in the absence of any evidence to the contrary, proof of the matters set out therein.
- 1987, c. 3, s. 200;
- 2014, c. 13, s. 42(F).
Marginal note:Jurisdiction of judge or justice
201 Any complaint or information in respect of an offence under this Part may be heard, tried or determined by a justice or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.
Marginal note:Action to enjoin not prejudiced by prosecution
202 (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Part, the regulations or any order made pursuant to this Part or the regulations, the Board may commence and maintain an action to enjoin the committing of any contravention of this Part, the regulations or any order made pursuant to this Part or the regulations.
Marginal note:Civil remedy not affected
(2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part.
202.1 In any proceedings for an offence under this Part
(a) an information may include more than one offence committed by the same person;
(b) all those offences may be tried concurrently; and
(c) one conviction for any or all offences so included may be made.
- 2014, c. 13, s. 43.
203 Subject to section 7, the Governor in Council may make such regulations not inconsistent with this Part as may be deemed necessary for carrying out the purposes of this Part, and, without limiting the generality of the foregoing, may make regulations defining and distinguishing more particularly for the purposes of Divisions I and II the expressions “oil” and “gas”.
204 This Part applies to every interest or right in petroleum acquired or vested before the coming into force of this section and is binding on Her Majesty in right of Canada or a province.
- 1987, c. 3, s. 204;
- 2014, c. 13, s. 44(F).
Marginal note:Operating licences
205 (1) Where an operating licence was issued under subsection 3.2(1) of the Oil and Gas Production and Conservation Act and is in force on the coming into force of this section, it shall be deemed to be an operating licence issued by the Board under this Part.
Marginal note:Authorizations and development plan approval
(2) Where, prior to the coming into force of this section, authorization for any work or activity or approval of a development plan was given under subsection 3.2(1) of the Oil and Gas Production and Conservation Act or any regulation made under that Act, the authorization or approval shall be deemed to have been given by the Board under this Part.
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