Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations (SOR/2016-19)

Definition

Definition of Act

1 In these Regulations, Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.

Designated Provisions

Marginal note:Provisions of Act and regulations

• 2 (1) The contravention of a provision of Part III of the Act or of a regulation made under that Part that is set out in column 1 of a Part of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 202.01 to 202.93 of the Act.

• Marginal note:Directions, requirements, decisions and orders

  (2) The contravention of a direction, requirement, decision or order made under Part III of the Act is designated as a violation that may be proceeded with in accordance with sections 202.01 to 202.93 of the Act.

• Marginal note:Terms and conditions

  (3) The contravention of a term or condition of an operating licence or authorization that is issued, or of an approval or exemption that is granted, under Part III of the Act is designated as a violation that may be proceeded with in accordance with sections 202.01 to 202.93 of the Act.

Classification

Marginal note:Provisions

• 3 (1) The contravention of a provision that is set out in column 1 of a Part of Schedule 1 is a Type A or Type B violation as set out in column 2 of that Part.

• Marginal note:Directions, requirements, decisions, orders, terms and conditions

  (2) The contravention of a direction, requirement, decision or order referred to in subsection 2(2) or of a term or condition referred to in subsection 2(3) is a Type B violation.

Penalties

Marginal note:Penalty

• 4 (1) The penalty for a violation with a total gravity value set out in column 1 of Schedule 2 is, in the case of a Type A violation, the corresponding amount set out in column 2 and, in the case of a Type B violation, the corresponding amount set out in column 3.

• Marginal note:Determination of total gravity value

  (2) The total gravity value in respect of a violation is to be established by

  • (a) considering each of the criteria in column 1 of the table to this section;

  • (b) ascribing to each criterion an appropriate gravity value as set out in column 2, having regard to the circumstances of the violation (with a lower gravity value representing a lower level of gravity and a higher gravity value representing a higher level of gravity); and

  • (c) adding the values obtained.

  	Column 1	Column 2
  Item	Criteria	Gravity Value
  1	Whether the person who committed the violation was finally found or was considered to have committed a previous violation set out in a notice of violation issued by the Board, the National Energy Board or the Canada-Nova Scotia Offshore Petroleum Board	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 person’s part	0 to +2
  5	Whether the person provided all reasonable assistance to the Board with respect to the violation	-2 to +2
  6	Whether the person, after becoming aware of the violation, promptly reported it to the Board	-2 to +2
  7	Whether the person has taken any steps to prevent a recurrence of the violation	-2 to +2
  8	For Type B violations, whether the violation was primarily related to a reporting or record-keeping requirement	-2 to 0
  9	Whether the violation increased a risk of harm to people or the environment or a risk of waste	0 to +3

Service of Documents

Marginal note:Manner of service

• 5 (1) The service of a document that is authorized or required by section 202.06 or 202.5 of the Act is to be made

  • (a) if the person to be served is an individual, by

    • (i) leaving a copy of it with that individual,

    • (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or

    • (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and

  • (b) if the person to be served is not an individual, by

    • (i) leaving a copy of it at the person’s head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business,

    • (ii) sending a copy of it by registered mail, courier or fax to the person’s head office or place of business, or

    • (iii) sending a copy of it by electronic means other than by fax to an officer or other individual referred to in subparagraph (i).

• Marginal note:Deemed service

  (2) A document that is not personally served is considered to be served

  • (a) in the case of a copy that is left with a person referred to in subparagraph (1)(a)(ii), on the day on which it is left with that person;

  • (b) in the case of a copy that is sent by registered mail or courier, on the 10th day after the date indicated in the receipt issued by the postal or courier service; and

  • (c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted.

Coming into Force

Marginal note:S.C. 2015, c. 4

Footnote ^*6 These Regulations come into force on the day on which section 66 of the Energy Safety and Security Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force February 27, 2016.]