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Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2019-08-15 and last amended on 2017-06-22. Previous Versions

PART IIIPetroleum Operations (continued)

DIVISION IIIAppeals and Administration (continued)

Offences and Penalties (continued)

Marginal note:Time limited for summary conviction proceedings

 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

  • 1988, c. 28, s. 204
  • 2014, c. 13, s. 80

Marginal note:Evidence

 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made pursuant to this Part or the regulations and purporting to have been signed by the person authorized by this Part or the regulations to make that order or document is, in the absence of any evidence to the contrary, proof of the matters set out therein.

  • 1988, c. 28, s. 205
  • 2014, c. 13, s. 81(F)

Marginal note:Jurisdiction of judge or justice

 Any complaint or information in respect of an offence under this Part may be heard, tried or determined by a justice or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Action to enjoin not prejudiced by prosecution

  •  (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Part, the regulations or any order made pursuant to this Part or the regulations, the Board may commence and maintain an action to enjoin the committing of any contravention of this Part, the regulations or any order made pursuant to this Part or the regulations.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part.

Marginal note:Information

 In any proceedings for an offence under this Part

  • (a) an information may include more than one offence committed by the same person;

  • (b) all those offences may be tried concurrently; and

  • (c) one conviction for any or all offences so included may be made.

  • 2014, c. 13, s. 82
  • 2015, c. 4, s. 117

Administrative Monetary Penalties

Powers

Marginal note:Regulations

  •  (1) Subject to section 6, the Governor in Council may make regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Part

      • (i) the contravention of any specified provision of this Part or of any of its regulations,

      • (ii) the contravention of any direction, requirement, decision or order, or of any direction, requirement, decision or order of a specified class of directions, requirements or orders, made under this Part, or

      • (iii) the failure to comply with any term or condition of

        • (A) an operating licence or authorization, or a specified class of operating licences or authorizations, issued under this Part, or

        • (B) any approval or exemption or a specified class of approvals or exemptions, granted under this Part;

    • (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 207.06, 207.2 or 207.5, including the manner and proof of service and the circumstances under which documents are considered to be served.

  • Marginal note:Maximum

    (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.

  • 2015, c. 4, s. 102

Marginal note:Powers

 The Board may

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

  • (b) designate persons or classes of persons who are authorized to issue notices of violation;

  • (c) establish, in respect of each violation, a short-form description to be used in notices of violation; and

  • (d) designate persons or classes of persons to conduct reviews under section 207.4.

  • 2015, c. 4, s. 102
Violations

Marginal note:Commission of violation

  •  (1) Every person who contravenes or fails to comply with a provision, direction, requirement, decision or order, or term or condition the contravention of which, or the failure to comply with which, is designated to be a violation by a regulation made under paragraph 207.01(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 Part and not to punish.

  • 2015, c. 4, s. 102

Marginal note:Liability of directors, officers, etc.

 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 Part.

  • 2015, c. 4, s. 102

Marginal note:Proof of violation

 In any proceedings under this Part 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 Part.

  • 2015, c. 4, s. 102

Marginal note:Issuance and service of notice of violation

  •  (1) If a person designated under paragraph 207.02(b) believes on reasonable grounds 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 shall

    • (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, under section 207.2, to request a review with respect to the amount of the penalty or the facts of the violation, and of the prescribed period within which that right is to 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.

  • 2015, c. 4, s. 102
Rules About Violations

Marginal note:Certain defences not available

  •  (1) A person named in a notice of violation does not have a defence by reason that the person

    • (a) exercised due diligence to prevent the commission of the violation; or

    • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Part applies in respect of a violation to the extent that it is not inconsistent with this Part.

  • 2015, c. 4, s. 102

Marginal note:Continuing violation

 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

  • 2015, c. 4, s. 102
 
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