Northern Pipeline Act

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.

• 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 Courts 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.