Marginal note:Right of appeal
27 (1) Where a company receives a notice referred to in subsection 26(6), the company may, within thirty days after receipt of the notice and without serving a notice of objection to the action taken by the Minister under that subsection, appeal the action to the Federal Court — Trial Division.
Marginal note:Institution of appeal
(2) An appeal to the Federal Court under subsection (1) shall be instituted in the manner set out in section 48 of the Federal Court Act.
Marginal note:Burden of proof
(3) In an appeal under this section, the burden of establishing the facts justifying the assessment of the penalty is on the Minister.
Marginal note:Disposal of appeal
(4) The Federal Court may dispose of an appeal under this section by
(a) allowing it;
(b) dismissing it; or
(c) dismissing it and varying the penalty but, in varying the penalty, the Federal Court shall not increase the penalty beyond the maximum penalty permitted by section 26.
- 1977-78, c. 20, s. 27
- Date modified: