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

Act current to 2016-04-12 and last amended on 2015-06-23. Previous Versions

Marginal note:General regulations
  •  (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and may, by those regulations, designate as an oil product or as a gas product any substance resulting from the processing or refining of hydrocarbons or coal if that substance

    • (a) is asphalt or a lubricant; or

    • (b) is a suitable source of energy by itself or when it is combined or used in association with something else.

  • Marginal note:Exemptions

    (2) The Governor in Council may by regulation exempt any oil or gas or any kind, quality or class thereof or any area or transaction from the operation of all or any of the provisions of this Act.

  • R.S., c. N-6, s. 89;
  • 1980-81-82-83, c. 116, s. 31.
Marginal note:Security regulations
  •  (1) The Board may, with the approval of the Governor in Council, make regulations respecting the security of pipelines and international power lines, including, without limiting the generality of the foregoing, regulations respecting standards, plans and audits relating to the security of pipelines and international power lines.

  • Marginal note:Offence and punishment

    (2) Every person who contravenes any of the regulations made under subsection (1) is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or

    • (b) on conviction on indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.

  • 2004, c. 15, s. 93.

 [Repealed, 1990, c. 7, s. 43]

Report to Parliament

Marginal note:Report to Parliament

 The Board shall within three months after December 31 in each year submit to the Minister a report on the activities of the Board under this Act for that year, and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

  • R.S., c. N-6, s. 91.

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.

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.
 
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