Administrative Monetary Penalties Regulations (Canadian Energy Regulator) (SOR/2013-138)

Marginal note:Penalty

• 4 (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.

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