Administrative Monetary Penalties Regulations (National Energy Board) (SOR/2013-138)

Regulations are current to 2018-10-03 and last amended on 2016-06-19. Previous Versions

Marginal note:Penalty

  •  (1) The penalty for a violation is the amount set out in column 2 or 3 of Schedule 2 that corresponds to the type of violation, the total gravity value set out in column 1 and whether the violation was committed by an individual or a person other than an individual.

  • Marginal note:Determination of final gravity level

    (2) The total gravity value in respect of a violation is to be established by considering each of the criteria in column 1 of the table to this section, by ascribing to each criterion an appropriate gravity value, having regard to the circumstances of the violation, from those set out in column 2 and by adding the values obtained.

    Table

    ItemColumn 1Column 2
    CriteriaEffect on Gravity Value
    1Whether the person who committed the violation has other violations in the previous 7 years0 to +2
    2Whether the person derived any competitive or economic benefit from the violation0 to +2
    3Whether the person made reasonable efforts to mitigate or reverse the violation’s effects–2 to +2
    4Whether there was negligence on the part of the person who committed the violation0 to +2
    5Whether the person provided all reasonable assistance to the Board with respect to the violation–2 to +2
    6Whether the person, after becoming aware of the violation, promptly reported the violation to the Board–2 to +2
    7Whether the person has taken any steps to prevent recurrence of the violation–2 to +2
    8For type B violations, whether the violation was primarily a reporting or record-keeping requirement failure–2 to 0
    9Whether there are any other aggravating factors in relation to the risk of harm to people or the environment0 to +3
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