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

Act current to 2017-11-20 and last amended on 2016-06-19. Previous Versions

Violations

Marginal note:Commission of violation
  •  (1) Every person who contravenes or fails to comply with a provision, order, decision, term or condition designated under paragraph 134(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.

  • Marginal note:Purpose of penalty

    (2) The purpose of the penalty is to promote compliance with this Act and not to punish.

  • 2012, c. 19, s. 98.
Marginal note:Liability of directors, officers, etc.

 If a corporation commits a violation, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.

  • 2012, c. 19, s. 98.
Marginal note:Proof of violation

 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person, whether or not the employee, agent or mandatary is identified or proceeded against in accordance with this Act.

  • 2012, c. 19, s. 98.
Marginal note:Issuance and service of notice of violation
  •  (1) If a person designated under paragraph 135(b) believes on reasonable grounds that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person.

  • Marginal note:Contents

    (2) The notice of violation must

    • (a) name the person that is believed to have committed the violation;

    • (b) set out the relevant facts surrounding the violation;

    • (c) set out the amount of the penalty for the violation;

    • (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the prescribed period within which that right must be exercised;

    • (e) inform the person of the manner of paying the penalty set out in the notice; and

    • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice.

  • 2012, c. 19, s. 98.

Rules about Violations

Marginal note:Certain defences not available
  •  (1) A person named in a notice of violation does not have a defence by reason that the person

    • (a) exercised due diligence to prevent the commission of the violation; or

    • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • 2012, c. 19, s. 98.
Marginal note:Continuing violation

 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

  • 2012, c. 19, s. 98.
Marginal note:Violation or offence
  •  (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

  • Marginal note:Violations not offences

    (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

  • 2012, c. 19, s. 98.
Marginal note:Limitation or prescription period

 No notice of violation in respect of a violation may be issued more than two years after the day on which the subject matter of the violation arises.

  • 2012, c. 19, s. 98.

Reviews

Marginal note:Right to request review

 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Board allows, make a request to the Board for a review of the amount of the penalty or the facts of the violation, or both.

  • 2012, c. 19, s. 98.
Marginal note:Correction or cancellation of notice of violation

 At any time before a request for a review in respect of a notice of violation is received by the Board, a person designated under paragraph 135(b) may cancel the notice of violation or correct an error in it.

  • 2012, c. 19, s. 98.
Marginal note:Review
  •  (1) On receipt of a request made under section 144, the Board shall conduct the review or cause the review to be conducted by a person designated under paragraph 135(d).

  • Marginal note:Restriction

    (2) The Board shall conduct the review if the notice of violation was issued by a person designated under paragraph 135(d).

  • 2012, c. 19, s. 98.
Marginal note:Object of review
  •  (1) The Board or the person conducting the review shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

  • Marginal note:Determination

    (2) The Board or the person conducting the review shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.

  • Marginal note:Correction of penalty

    (3) If the Board or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board or the person, as the case may be, shall correct the amount of the penalty.

  • Marginal note:Responsibility

    (4) If the Board or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination.

  • Marginal note:Determination final

    (5) Despite subsection 21(1), a determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

  • Marginal note:Federal Court

    (6) Despite section 28 of the Federal Courts Act, the Federal Court has exclusive original jurisdiction to hear and determine an application for judicial review of a determination made under this section by the Board.

  • 2012, c. 19, s. 98.
Marginal note:Burden of proof

 If the facts of a violation are reviewed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

  • 2012, c. 19, s. 98.

Responsibility

Marginal note:Payment

 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

  • 2012, c. 19, s. 98.
Marginal note:Failure to act

 A person that neither pays the penalty imposed under this Act nor requests a review in the prescribed period is considered to have committed the violation and is liable to the penalty.

  • 2012, c. 19, s. 98.

Recovery of Penalties

Marginal note:Debts to Her Majesty
  •  (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

  • Marginal note:Limitation period

    (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.

  • 2012, c. 19, s. 98.
 
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