Northern Pipeline Act

Marginal note:Notice of failure to comply

• 26 (1) Where a company fails to comply with

  • (a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1), or

  • (b) an order or direction issued by the Commission of the Regulator or the designated officer in relation to such a certificate,

  the designated officer may

  • (c) give the company written notice of the failure and set, in the notice, a time within which the company shall comply with the term or condition or order or direction, and

  • (d) cause the notice to be served on the company by registered mail or in person.

• Marginal note:Penalty

  (2) Where, pursuant to subsection (1), the designated officer gives the company notice of failure to comply and the company fails, within the time set out in the notice and without lawful excuse, to comply with the term or condition or order or direction, set out in the notice, the Minister may issue an assessment against the company imposing a penalty, not exceeding ten thousand dollars for each day during which the failure continues, on the company.

• Marginal note:Notice of assessment

  (3) Where the Minister issues an assessment under subsection (2) against a company, he shall cause a notice of the assessment to be served forthwith on the company and notice thereof to be published in the Canada Gazette.

• Marginal note:Objection

  (4) A company that objects to an assessment under subsection (2) may, within thirty days from the day of mailing of the notice of assessment, serve on the Minister a notice of objection, in duplicate, in such form as the Governor in Council may prescribe setting out the reason for the objection and the relevant facts.

• Marginal note:Service

  (5) A notice of assessment under subsection (3) and a notice of objection under subsection (4) shall be served by being sent by registered mail.

• Marginal note:Representation

  (6) On receipt of a notice of objection under subsection (4) from a company, the Minister shall, with all due dispatch, reconsider the assessment objected to and vacate, confirm or vary the assessment and he shall thereupon notify the company of his action by registered mail.