PART IIIAppeals and Enforcement (continued)
Safety and Conservation Officers (continued)
58.1 An order made by a safety officer or the Chief Safety Officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders.
- 1992, c. 35, s. 29
Marginal note:Installation manager
58.2 (1) Every holder of an authorization under paragraph 5(1)(b) in respect of a work or activity for which a prescribed installation is to be used shall put in command of the installation a manager who meets any prescribed qualifications, and the installation manager is responsible for the safety of the installation and the persons at it.
(2) Subject to this Act and any other Act of Parliament, an installation manager has the power to do such things as are required to ensure the safety of the installation and the persons at it and, more particularly, may
(a) give orders to any person who is at the installation;
(b) order that any person who is at the installation be restrained or removed; and
(c) obtain information or documents.
(3) In a prescribed emergency situation, an installation manager’s powers are extended so that they also apply to each operator of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it.
- 1992, c. 35, s. 29
Offences and Punishment
Marginal note:Offences with respect to documents and records
59 A person is guilty of an offence who
(a) knowingly makes any false entry or statement in any report, record or document required by this Act or the regulations or by any order made pursuant to this Act or the regulations; or
(b) knowingly destroys, mutilates or falsifies any report or other document required by this Act or the regulations or by any order made pursuant to this Act or the regulations.
- R.S., c. O-4, s. 48
60 (1) Every person is guilty of an offence who
(a) contravenes this Act or the regulations;
(b) produces any oil or gas from a pool or field under the terms of a unit agreement within the meaning of Part II, or any amended unit agreement, before the unit agreement or amended unit agreement is filed with the Chief Conservation Officer;
(c) undertakes or carries on a work or activity without an authorization under paragraph 5(1)(b) or without complying with the approvals or requirements of such an authorization; or
(d) fails to comply with a direction, requirement or order of a safety officer, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer or an installation manager or with an order of the Committee or the Commission of the Canadian Energy Regulator made under this Act.
(2) Every person who is guilty of an offence under subsection (1) is liable
(a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both; or
(b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years, or to both.
Marginal note:Sentencing principles
(3) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is found guilty of an offence under this Act:
(a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (4); and
(b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.
Marginal note:Aggravating factors
(4) The aggravating factors are the following:
(a) the offence caused harm or risk of harm to human health or safety;
(b) the offence caused damage or risk of damage to the environment or to environmental quality;
(c) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment;
(d) the damage or harm caused by the offence is extensive, persistent or irreparable;
(e) the offender committed the offence intentionally or recklessly;
(f) the offender failed to take reasonable steps to prevent the commission of the offence;
(g) by committing the offence or failing to take action to prevent its commission, the offender increased their revenue or decreased their costs or intended to increase their revenue or decrease their costs;
(h) the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and
(i) after the commission of the offence, the offender
(i) attempted to conceal its commission,
(ii) failed to take prompt action to prevent, mitigate or remediate its effects, or
(iii) failed to take prompt action to reduce the risk of committing similar offences in the future.
Marginal note:Absence of aggravating factor
(5) The absence of an aggravating factor set out in subsection (4) is not a mitigating factor.
Meaning of damage
(6) For the purposes of paragraphs (4)(b) to (d), damage includes loss of use value and non-use value.
(7) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (4) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision.
- R.S., 1985, c. O-7, s. 60
- 1992, c. 35, s. 30
- 1994, c. 10, s. 13
- 2015, c. 4, s. 25
- 2019, c. 28, s. 142
61 and 62 [Repealed, 1992, c. 35, s. 30]
Marginal note:Presumption against waste
63 A person does not commit an offence under subsection 18(1) by reason of committing waste as defined in paragraph 18(2)(f) or (g) unless the person has been ordered by the Commission of the Canadian Energy Regulator under section 385 of the Canadian Energy Regulator Act to take measures to prevent the waste and has failed to comply.
- R.S., 1985, c. O-7, s. 63
- 1994, c. 10, s. 14
- 2019, c. 28, s. 140
64 [Repealed, 1992, c. 35, s. 31]
Marginal note:Order of court
65 (1) If a person is found guilty of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects:
(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
(b) directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;
(c) directing the offender to carry out environmental effects monitoring in the manner established by the Commission of the Canadian Energy Regulator or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;
(d) directing the offender to make changes to their environmental management system that are satisfactory to the Commission of the Canadian Energy Regulator;
(e) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Commission of the Canadian Energy Regulator and directing the offender to remedy any deficiencies revealed during the audit;
(f) directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate;
(g) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;
(h) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;
(i) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order;
(j) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;
(k) directing the offender to pay, in the manner specified by the court, an amount of money to environmental, health or other groups to assist in their work in the community where the offence was committed;
(l) directing the offender to pay, in the manner specified by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;
(m) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act;
(n) prohibiting the offender from taking measures to acquire an interest under the Canada Petroleum Resources Act or from applying for any new licence or other authorization under this Act during any period that the court considers appropriate.
Marginal note:Coming into force and duration of order
(2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.
(3) If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Canadian Energy Regulator may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender.
Marginal note:Debt due to Her Majesty
(4) If the Canadian Energy Regulator incurs publication costs under subsection (3), the costs constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Marginal note:Variation of sanctions
65.1 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 65, the court may, on application by the offender or the Commission of the Canadian Energy Regulator, require the offender to appear before it and, after hearing the offender and the Commission, vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances since the order was made:
(a) by making changes to any prohibition, direction, requirement or condition that is specified in the order for any period or by extending the period during which the order is to remain in force, not exceeding one year; or
(b) by decreasing the period during which the order is to remain in force or by relieving the offender of compliance with any condition that is specified in the order, either absolutely or partially or for any period.
(2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested, and may hear any of those persons.
- 2015, c. 4, s. 26
- 2019, c. 28, s. 142
Marginal note:Subsequent applications with leave
65.2 If an application made under subsection 65.1(1) in relation to an offender has been heard by a court, no other application may be made under section 65.1 in relation to the offender except with leave of the court.
- 2015, c. 4, s. 26
Marginal note:Recovery of fines and amounts
65.3 If a person is convicted of an offence under this Act and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 65(1) or 65.1(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in any court of competent jurisdiction in Canada, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that court in civil proceedings.
- 2015, c. 4, s. 26
Marginal note:Continuing offences
66 Where an offence under this Act is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
- R.S., c. O-4, s. 51
67 [Repealed, 1992, c. 35, s. 32]
Marginal note:Limitation period
68 A prosecution for an offence under this Act may be instituted at any time within but not later than two years after the time when the subject-matter of the complaint arose.
- R.S., c. O-4, s. 53
69 In any prosecution for an offence under this Act, a copy of an order purporting to have been made pursuant to this Act or the regulations and purporting to have been signed by the person authorized by this Act or the regulations to make that order is evidence of the matters set out therein.
- R.S., c. O-4, s. 54
Marginal note:Jurisdiction of judge or justice
70 Any complaint or information in respect of an offence under this Act 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.
- R.S., c. O-4, s. 55
Marginal note:Action to enjoin not prejudiced by prosecution
71 (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Act, the regulations or any order made pursuant to this Act or the regulations, Her Majesty in right of Canada may commence and maintain an action to enjoin the committing of any contravention of this Act, the regulations or any order made pursuant to this Act 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 Act.
- R.S., c. O-4, s. 56
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