Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Marginal note:Effect of appeal

110 For greater certainty, an appeal before the Commission from an order made under section 109 does not operate as a stay of the order, but the Commission may grant a stay pending the outcome of the appeal.

Marginal note:Information confidential

111 An inspection officer must not disclose to any person any information regarding any secret process or trade secret obtained while performing duties and functions under this Part, except for the purposes of this Part or as required by law.

Marginal note:Offence and punishment — duty to assist and orders

• 112 (1) Every person who contravenes subsection 103(4) or fails to comply with an order under section 109 is guilty of an offence and is liable

  • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or

  • (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.

• Marginal note:Defence — no notice

  (2) A person must not be found guilty of an offence for failing to comply with an order under section 109 unless the person was given written notice of the order in accordance with paragraph 109(3)(a).

• Marginal note:Offence and punishment — obstruction

  (3) Every person who contravenes section 106 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000.

• Marginal note:Application of subsections 379(2) to (6)

  (4) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under subsections (1) and (3).

• Marginal note:Offence and punishment — false statements or information

  (5) Every person who contravenes section 107 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $300,000.

• Marginal note:Application of subsections 379(3) to (6)

  (6) Subsections 379(3) to (6) apply, with any modifications that the circumstances require, in respect of an offence under subsection (5).

Privilege

Marginal note:Definitions

• 113 (1) The following definitions apply in this section.

  coroner

  coroner includes any medical examiner or other person carrying out the duties and functions of a coroner. (coroner)

  recording

  recording means the whole or any part of either a recording of voice communications originating from, or received on or in, a regulated facility, or a video recording of the activities of the operating personnel of the regulated facility, which recording of voice communications or video recording is made, using recording equipment to which the operating personnel does not have access, in a place where operations of the facility are carried out and includes a transcript or substantial summary of such a recording. (enregistrement)

• Marginal note:Privilege for recordings

  (2) Every recording is privileged and, except as provided by this section, a person, including any person to whom access is provided under this section, must not

  • (a) knowingly communicate a recording or permit it to be communicated to any person; or

  • (b) be required to produce a recording or give evidence relating to it in any legal, disciplinary or other proceedings.

• Marginal note:Access by Regulator

  (3) Any recording that relates to an accident that is the subject of an inquiry under subsection 32(2) must be released to the Regulator on request for the purposes of the inquiry.

• Marginal note:Use by Regulator

  (4) The Regulator may make any use of any recording obtained under this Act that it considers necessary for the purposes of the inquiry under subsection 32(2), but, subject to subsection (5), must not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the inquiry.

• Marginal note:Access by peace officers, coroners and other investigators

  (5) The Regulator must make available any recording obtained under this Act to

  • (a) a coroner who requests access to it for the purpose of an investigation that the coroner is conducting;

  • (b) any person carrying out an inquiry under subsection 32(2); or

  • (c) any person carrying out a coordinated investigation referred to in the Canadian Transportation Accident Investigation and Safety Board Act.

• Marginal note:Power of court or coroner

  (6) Despite any other provision of this section, if, in any proceedings before a court or coroner, a request for the production and discovery of a recording is made, the court or coroner must cause notice of the request to be given to the Regulator, if the Regulator is not a party to the proceedings and, in camera, examine the recording and give the Regulator a reasonable opportunity to make representations with respect to it. If the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the recording by virtue of this section, the court or coroner must order the production and discovery of the recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to the recording.

• Marginal note:Use prohibited

  (7) A recording is not to be used against agents or employees who are directly or indirectly involved in the operation of a regulated facility in disciplinary proceedings, in proceedings relating to their capacity or competence to perform their functions, or in legal or other proceedings.

• Marginal note:Definition of court

  (8) For the purposes of subsection (6), court includes any person appointed or designated to conduct a public inquiry into a pipeline occurrence, within the meaning of section 2 of the Canadian Transportation Accident Investigation and Safety Board Act, under the Inquiries Act.

Marginal note:Voluntary reporting

• 114 (1) The Regulator may, subject to the approval of the Governor in Council, make regulations for the establishment and administration of systems for the voluntary reporting to the Regulator of alleged non-compliance with this Act.

• Marginal note:Use by Regulator

  (2) The Regulator may, subject to this section, make any use of any report made to it in accordance with regulations made under subsection (1) that it considers necessary for the purposes of this Act.

• Marginal note:Rules for protection of identity

  (3) Regulations made under subsection (1) may include rules for the protection of the identity of persons who make a report.

• Marginal note:Certain information privileged

  (4) Where the identity of a person who has made a report to the Regulator in accordance with regulations made under subsection (1) is protected by rules referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and a person must not

  • (a) knowingly communicate it or permit it to be communicated to any person; or

  • (b) be required to produce it or give evidence relating to it in any legal, disciplinary or other proceedings.

• Marginal note:Use prohibited

  (5) A report made to the Regulator under a voluntary reporting system established by regulations made under subsection (1) must not be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by rules referred to in subsection (3).

Administrative Monetary Penalties

Regulator’s Powers

Marginal note:Regulations

• 115 (1) The Regulator 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 the 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 condition of

      • (A) any certificate, licence, permit or authorization, or

      • (B) any 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 120, 125 or 128, including the manner and proof of service and the circumstances under which documents are considered to be served.

• Marginal note:Maximum amount of penalty

  (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 $25,000, in the case of an individual, and $100,000, in the case of any other person.

Marginal note:Powers of Regulator

• 116 (1) The Regulator may

  • (a) establish the form of notices of violation; and

  • (b) establish, in respect of each violation, a short-form description to be used in notices of violation.

• Marginal note:Powers of Commission

  (1.1) The Commission may designate persons or classes of persons to conduct reviews under section 128.

• Marginal note:Powers of Chief Executive Officer

  (2) The Chief Executive Officer may designate persons or classes of persons who are authorized to issue notices of violation.

Violations

Marginal note:Commission of violation

• 117 (1) Every person who contravenes or fails to comply with a provision, order, decision or condition designated under paragraph 115(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.

Marginal note:Liability of directors, officers, etc.

118 If a corporation commits a violation, any director, officer or 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.

Marginal note:Proof of violation

119 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 or agent or mandatary is identified or proceeded against in accordance with this Act.

Marginal note:Issuance and service of notice of violation

• 120 (1) If a person designated under subsection 116(2) has reasonable grounds to believe 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 period referred to in section 125 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.