Canada Oil and Gas Operations Act (R.S.C., 1985, c. O-7)

Marginal note:Burden of proof

71.6 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.

Responsibility

Marginal note:Payment

71.7 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.

Marginal note:Failure to act

71.8 A person that neither pays the penalty imposed under this Act nor requests a review within the period referred to in section 71.2 is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Marginal note:Debt to Her Majesty

• 71.9 (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 are to be instituted more than five years after the day on which the debt becomes payable.

Marginal note:Certificate

• 72 (1) The Commission of the Canadian Energy Regulator may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 71.9(1).

• Marginal note:Registration in Federal Court

  (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate of non-payment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Admissibility of documents

72.01 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 71.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Marginal note:Publication

72.02 The Commission of the Canadian Energy Regulator may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

Application

Marginal note:Application

72.1 This Act applies to every interest or right in oil or gas acquired or vested before the coming into force of this section.

Her Majesty

Marginal note:Binding on Her Majesty

73 This Act is binding on Her Majesty in right of Canada or a province.

Coming into Force

Marginal note:Commencement

Footnote ^*74 Sections 39 to 47 shall come into force on a day to be fixed by proclamation.

• Return to footnote ^*[Note: Sections 39 to 47 in force July 31, 2010, see SI/2010-50.]