Electricity and Gas Inspection Act (R.S.C., 1985, c. E-4)

Act current to 2017-06-05 and last amended on 2015-02-26. Previous Versions

Penalties

Marginal note:Effect of payment
  •  (1) If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are set out in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice,

    • (a) they are deemed to have committed the violation to which the amount paid relates;

    • (b) the Minister shall accept the amount as complete satisfaction of the penalty; and

    • (c) the proceedings commenced in respect of the violation under section 29.12 are ended.

  • Marginal note:Alternatives to payment

    (2) Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are set out in the notice,

    • (a) request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates, if the penalty is $1,000 or more; or

    • (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

  • Marginal note:Deeming

    (3) If the person who is named in the notice does not pay the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise any right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice.

  • 2011, c. 3, s. 6.

Compliance Agreements

Marginal note:Compliance agreements
  •  (1) After considering a request made under paragraph 29.13(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any conditions that are satisfactory to the Minister, which conditions may

    • (a) include a provision for the giving of reasonable security, in a form and in an amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

    • (b) provide for the reduction, in whole or in part, of the amount of the penalty for the violation.

  • Marginal note:Deeming

    (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation to which the compliance agreement relates, and the proceedings commenced in respect of the violation under section 29.12 are ended.

  • Marginal note:If compliance agreement complied with

    (3) If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause the person to be provided with a notice to that effect, at which time any security given by the person under that agreement shall be returned to the person.

  • Marginal note:If compliance agreement not complied with

    (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause the person to be provided with a notice of default to the effect that

    • (a) instead of the penalty set out in the compliance agreement, the person is liable to pay, within the prescribed time and in the prescribed manner that are set out in the notice of default, twice the amount of the penalty set out in the notice of violation and, for greater certainty, subsection 29.11(3) does not apply in respect of that amount; or

    • (b) the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada.

  • Marginal note:Effect of notice of default

    (5) Once they have been provided with the notice of default, the person shall pay the amount set out in it or, if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada.

  • Marginal note:Effect of payment

    (6) If the person pays the amount set out in a notice of default under paragraph (4)(a) within the prescribed time and in the prescribed manner that are set out in the notice,

    • (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and

    • (b) the compliance agreement entered into under subsection (2) terminates.

  • 2011, c. 3, s. 6.
Marginal note:Refusal to enter into compliance agreement
  •  (1) If the Minister refuses to enter into a compliance agreement after considering a request made under paragraph 29.13(2)(a), the Minister shall cause the person to be provided with a notice to that effect and the person who is named in the notice is liable to pay the amount of the penalty within the prescribed time and in the prescribed manner that are set out in the notice.

  • Marginal note:Effect of payment

    (2) If the person pays the amount within the prescribed time and in the prescribed manner that are set out in the notice

    • (a) they are deemed to have committed the violation to which the amount paid relates;

    • (b) the Minister shall accept the amount as complete satisfaction of the penalty; and

    • (c) the proceedings commenced in respect of the violation under section 29.12 are ended.

  • Marginal note:Deeming

    (3) If the person does not pay the amount within the prescribed time and in the prescribed manner that are set out in the notice, they are deemed to have committed the violation.

  • 2011, c. 3, s. 6.

Review by the Minister

Marginal note:Review — violation
  •  (1) After completing a review requested under paragraph 29.13(2)(b) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Minister shall determine whether the person who is named in the notice committed the violation and, if the Minister determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision.

  • Marginal note:Review — penalty

    (2) After completing a review requested under paragraph 29.13(2)(b) with respect to the amount of the penalty set out in the notice of violation, the Minister shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Minister determines that it was not, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision.

  • Marginal note:Payment

    (3) The person who is provided with a notice of the Minister’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are set out in the notice.

  • Marginal note:Effect of payment

    (4) If the person pays the amount of the penalty that is set out in the notice of the Minister’s decision within the prescribed time and in the prescribed manner that are set out in the notice,

    • (a) the Minister shall accept the amount as complete satisfaction of the penalty; and

    • (b) the proceedings commenced in respect of the violation under section 29.12 are ended.

  • Marginal note:Submissions in writing

    (5) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the regulations.

  • 2011, c. 3, s. 6.

Recovery of Debts

Marginal note:Debts to Her Majesty
  •  (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

    • (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to enter into a compliance agreement with the Minister or to have the Minister review the acts or omissions that constitute the violation or the amount of the penalty;

    • (b) every amount set out in a compliance agreement entered into with the Minister under subsection 29.14(1), beginning on the day specified in that agreement or, if no day is specified, beginning on the day on which the agreement is entered into;

    • (c) the amount set out in a notice of default referred to in subsection 29.14(4), beginning on the day specified in the notice;

    • (d) the amount of a penalty set out in the Minister’s notice under subsection 29.15(1) or in the notice of the Minister’s decision made under subsection 29.16(1) or (2), beginning on the day specified in the notice; and

    • (e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d).

  • Marginal note:Limitation period or prescription

    (2) No proceedings to recover such a debt may be commenced later than five years after the debt becomes payable.

  • Marginal note:Debt final

    (3) The debt is final and may not be reviewed, restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 29.13 to 29.16.

  • 2011, c. 3, s. 6.
 
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