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

Marginal note:Object of review

• 128 (1) The Commission or the person conducting the review must determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

• Marginal note:Determination

  (2) The Commission or the person conducting the review must make a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.

• Marginal note:Correction of penalty

  (3) If the Commission or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Commission or the person, as the case may be, must correct the amount of the penalty.

• Marginal note:Responsibility

  (4) If the Commission or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination.

• Marginal note:Determination final

  (5) Despite subsection 69(1) and (2), a determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

• Marginal note:Federal Court

  (6) Despite section 28 of the Federal Courts Act, the Federal Court has exclusive original jurisdiction to hear and determine an application for judicial review of a determination made under this section by the Commission.