National Energy Board Act (R.S.C., 1985, c. N-7)

Act current to 2019-06-20 and last amended on 2018-03-29. Previous Versions

PART IXAdministrative Monetary Penalties (continued)

Reviews (continued)

Marginal note:Correction or cancellation of notice of violation

 At any time before a request for a review in respect of a notice of violation is received by the Board, a person designated under paragraph 135(b) may cancel the notice of violation or correct an error in it.

  • 2012, c. 19, s. 98

Marginal note:Review

  •  (1) On receipt of a request made under section 144, the Board shall conduct the review or cause the review to be conducted by a person designated under paragraph 135(d).

  • Marginal note:Restriction

    (2) The Board shall conduct the review if the notice of violation was issued by a person designated under paragraph 135(d).

  • 2012, c. 19, s. 98

Marginal note:Object of review

  •  (1) The Board or the person conducting the review shall 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 Board or the person conducting the review shall render 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 Board 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 Board or the person, as the case may be, shall correct the amount of the penalty.

  • Marginal note:Responsibility

    (4) If the Board 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 21(1), 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 Board.

  • 2012, c. 19, s. 98

Marginal note:Burden of proof

 If the facts of a violation are reviewed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

  • 2012, c. 19, s. 98

Responsibility

Marginal note:Payment

 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

  • 2012, c. 19, s. 98

Marginal note:Failure to act

 A person that neither pays the penalty imposed under this Act nor requests a review in the prescribed period is considered to have committed the violation and is liable to the penalty.

  • 2012, c. 19, s. 98

Recovery of Penalties

Marginal note:Debts to Her Majesty

  •  (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.

  • Marginal note:Limitation period

    (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.

  • 2012, c. 19, s. 98

Marginal note:Certificate

  •  (1) The Board may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 151(1).

  • Marginal note:Registration in Federal Court

    (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate of non-payment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

  • 2012, c. 19, s. 98

General

Marginal note:Admissibility of documents

 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 139(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

  • 2012, c. 19, s. 98

Marginal note:Publication

 The Board may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

  • 2012, c. 19, s. 98
 
Date modified: