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

Act current to 2024-03-06 and last amended on 2020-02-26. Previous Versions

PART IIIAppeals and Enforcement (continued)

Administrative Monetary Penalties (continued)

Reviews (continued)

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.

  • 2015, c. 4, s. 27

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.

  • 2015, c. 4, s. 27

Marginal note:Failure to act

 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.

  • 2015, c. 4, s. 27

Recovery of Penalties

Marginal note:Debt 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 are to be instituted more than five years after the day on which the debt becomes payable.

  • 2015, c. 4, s. 27

Marginal note:Certificate

  •  (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

 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.

  • 2015, c. 4, s. 27

Marginal note:Publication

 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

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

  • R.S., 1985, c. 36 (2nd Supp.), s. 128

Her Majesty

Marginal note:Binding on Her Majesty

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

  • 1980-81-82-83, c. 81, s. 85

Coming into Force

Marginal note:Commencement

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

  • R.S., c. O-4, s. 58
 

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