National Energy Board Act (R.S.C., 1985, c. N-7)

Act current to 2017-11-06 and last amended on 2016-06-19. Previous Versions

Marginal note:Orders of court
  •  (1) If a person is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline, 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 Act, 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 action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;

    • (c) directing the offender to carry out environmental effects monitoring in the manner established by the Board or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;

    • (d) directing the offender to make changes to their environmental protection program that are satisfactory to the Board;

    • (e) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Board and directing the offender to take the measures that the Board considers appropriate to remedy any deficiencies revealed during the audit;

    • (f) directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate;

    • (g) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

    • (h) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

    • (i) 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 all or part of any prohibition, direction, requirement or condition that is specified in the order;

    • (j) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

    • (k) directing the offender to pay, in the manner prescribed by the court, an amount of money to environmental, health or other groups to assist in their work;

    • (l) directing the offender to pay, in the manner prescribed by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;

    • (m) 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 Act; and

    • (n) prohibiting the offender from applying for any new authorization under this Act during any period that the court considers appropriate.

  • 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.

  • Marginal note:Publication

    (3) If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Board may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender.

  • Marginal note:Debt due to Her Majesty

    (4) If the Board incurs publication costs under subsection (3), the costs constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

  • 2015, c. 21, s. 37.
Marginal note:Variation of sanctions
  •  (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 132.1, the court may, on application by the offender or the Board, require the offender to appear before it and, after hearing the offender and the Board, may vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances 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 that is not more than one year; 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, of compliance with any condition that is specified in the order.

  • Marginal note:Notice

    (2) Before varying the 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.

  • 2015, c. 21, s. 37.
Marginal note:Subsequent applications with leave

 If an application made under subsection 132.2(1) in relation to an offender has been heard by a court, no other application shall be made under section 132.2 in relation to the offender except with leave of the court.

  • 2015, c. 21, s. 37.
Marginal note:Recovery of fines and amounts

 If a person is found guilty of an offence under this Act and a fine that is imposed is not paid when required, or if a court orders an offender to pay an amount under subsection 132.1(1) or 132.2(1) and the amount is not paid, 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 any court of competent jurisdiction in Canada, 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.

  • 2015, c. 21, s. 37.

Report to Parliament

Marginal note:Report to Parliament

 The Board shall, within four months after the end of each fiscal year, submit to the Minister a report on the activities of the Board under this Act for that fiscal year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.

  • R.S., 1985, c. N-7, s. 133;
  • 2015, c. 21, s. 38.

PART IXAdministrative Monetary Penalties

Board’s Powers

Marginal note:Regulations
  •  (1) The Board may, with the approval of the Governor in Council, make regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Act

      • (i) the contravention of any specified provision of this Act or of any of its regulations,

      • (ii) the contravention of any order or decision, or of any order or decision of any specified class of orders or decisions, made under this Act, or

      • (iii) the failure to comply with any term or condition of

        • (A) any certificate, licence or permit or of any specified class of certificate, licence or permit, or

        • (B) any leave or exemption granted under this Act or of any specified class of leave or exemption granted under this Act;

    • (b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and

    • (c) respecting the service of documents required or authorized under section 139, 144 or 147, including the manner and proof of service and the circumstances under which documents are considered to be served.

  • Marginal note:Maximum

    (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation must not be more than twenty-five thousand dollars, in the case of an individual, and one hundred thousand dollars in the case of any other person.

  • 2012, c. 19, s. 98.
Marginal note:Powers

 The Board may

  • (a) establish the form of notices of violation;

  • (b) designate persons or classes of persons who are authorized to issue notices of violation;

  • (c) establish, in respect of each violation, a short-form description to be used in notices of violation; and

  • (d) designate persons or classes of persons to conduct reviews under section 147.

  • 2012, c. 19, s. 98.
 
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