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  1. Administrative Monetary Penalties Regulations (National Energy Board) - SOR/2013-138 (Section 4)
    Marginal note:Penalty

    • [...]

    • Marginal note:Determination of final gravity level

      (2) The total gravity value in respect of a violation is to be established by considering each of the criteria in column 1 of the table to this section, by ascribing to each criterion an appropriate gravity value, having regard to the circumstances of the violation, from those set out in column 2 and by adding the values obtained.

      TABLE

      Item Column 1 Column 2
      Criteria Effect on Gravity Value
      1 Whether the person who committed the violation has other violations in the previous 7 years 0 to +2
      2 Whether the person derived any competitive or economic benefit from the violation 0 to +2
      4 Whether there was negligence on the part of the person who committed the violation 0 to +2
      8 For type B violations, whether the violation was primarily a reporting or record-keeping requirement failure –2 to 0
      9 Whether there are any other aggravating factors in relation to the risk of harm to people or the environment 0 to +3

  2. Administrative Monetary Penalties Regulations (National Energy Board) - SOR/2013-138 (SCHEDULE 2)

    [...]

    Penalties

    Item Column 1 Column 2 Column 3
    Gravity Level Type A Violation Type B Violation
    Individual Any Other Person Individual Any Other Person
    4 0 $1,365 $5,025 $10,000 $40,000

  3. Administrative Monetary Penalties Regulations (National Energy Board) - SOR/2013-138 (Section 2)
    Marginal note:Provisions of the Act or regulations

    • 2 (1) The contravention of a provision of the Act or any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.

    • Marginal note:Orders and decisions

      (2) The contravention of any order or decision made under the Act is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.

    • Marginal note:Terms and conditions

      (3) The failure to comply with any term or condition of any certificate, licence, permit, leave or exemption that is granted under the Act is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.


  4. Administrative Monetary Penalties Regulations (National Energy Board) - SOR/2013-138

    The National Energy Board, pursuant to section 134Footnote a of the National Energy Board ActFootnote b, makes the annexed Administrative Monetary Penalties Regulations (National Energy Board).

    [...]

    His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 134Footnote a of the National Energy Board ActFootnote b, approves the annexed Administrative Monetary Penalties Regulations (National Energy Board), made by the National Energy Board on May 17, 2013.

    [...]


  5. Administrative Monetary Penalties Regulations (National Energy Board) - SOR/2013-138 (SCHEDULE 1 : Violations)

    [...]

    PART 1

    National Energy Board Act

    Item Column 1 Column 2 Column 3
    Provision Short-form Description Classification
    6 47(1) Opening a pipeline or section of pipeline for transmission without leave Type B
    20 112(2) Operation of a vehicle or mobile equipment across a pipeline in contravention of subsection 112(2) of the Act Type B

    [...]


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