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Northern Pipeline Act

Version of section 27 from 2003-01-01 to 2003-07-01:


Marginal note:Right of appeal

  •  (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
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