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Electricity and Gas Inspection Regulations (SOR/86-131)

Regulations are current to 2020-05-17 and last amended on 2018-11-23. Previous Versions

PART XIAdministrative Monetary Penalties

Violations

 The contravention of a provision of the Act or these Regulations set out in column 1 of Part 1 or 2, respectively, of Schedule 2 may be proceeded with as a violation in accordance with sections 29.11 to 29.29 of the Act.

  • SOR/2014-113, s. 4

Classification

 The violation of each provision set out in column 1 of Part 1 or 2 of Schedule 2 is classified as a minor, serious or very serious violation in accordance with the classification set out in column 2.

  • SOR/2014-113, s. 4

Penalties

  •  (1) The amount of the penalty in respect of each violation is, subject to subsection (2),

    • (a) $250, for a minor violation;

    • (b) $500, for a serious violation; and

    • (c) $1,000, for a very serious violation.

  • (2) The amount of the penalty is to be adjusted in accordance with the calculation set out in column 2 of Schedule 3 that corresponds to the history set out in column 1 of the person who has committed the violation.

  • (3) For the purposes of determining a person’s history, the points set out in column 3 of Part 1 or 2 of Schedule 2 are assigned for each violation of a provision set out in column 1.

  • SOR/2014-113, s. 4

 The notice of violation is to set out that an amount equal to 50% of the penalty may be paid as complete satisfaction of the penalty if it is paid within the period referred to in subsection 53(1) and in the manner set out in the notice of violation in accordance with subsection 53(6).

  • SOR/2014-113, s. 4

Compliance Agreements

 If the Minister enters into a compliance agreement under subsection 29.14(1) of the Act, the conditions of which include the making of expenditures by a person, the amount of the penalty set out in the notice of violation is to be reduced by an amount equal to one half of the expenditures made in fulfilment of the agreement, with a maximum reduction to nil.

  • SOR/2014-113, s. 4

Payment

  •  (1) For the purposes of paragraph 29.12(2)(e) of the Act, payment is to be made within 15 days after the day on which the person is provided with the notice of violation.

  • (2) For the purposes of subsection 29.13(1) of the Act, payment of the penalty set out in the notice of violation is to be made within 30 days after the day on which the person is provided with the notice.

  • (3) For the purposes of paragraph 29.14(4)(a) of the Act, payment is to be made within 15 days after the day on which the person is provided with the notice of default.

  • (4) For the purposes of subsection 29.15(1) of the Act, payment is to be made within 15 days after the day on which the person is provided with the Minister’s notice.

  • (5) For the purposes of subsection 29.16(3) of the Act, payment is to be made within 15 days after the day on which the person is provided with notice of the Minister’s decision under subsection 29.16(1) or (2) of the Act.

  • (6) A payment referred to in any of subsections (1) to (5) is to be made in one of the following manners, as set out in the applicable notice:

    • (a) by means of a certified cheque or money order made payable to the Receiver General for Canada and submitted to a Measurement Canada office

      • (i) [Repealed, SOR/2018-252, s. 2]

      • (ii) by registered mail, or

      • (iii) by courier; or

    • (b) by electronic means.

  • SOR/2014-113, s. 4
  • SOR/2018-252, s. 2

Requests Under Subsection 29.13(2) of the Act

  •  (1) A request under paragraph 29.13(2)(a) or (b) of the Act shall be made, as set out in the notice, by submitting the following information in writing to a Measurement Canada office in person, by registered mail or courier or by electronic means within 30 days after the day on which the person is provided with the notice of violation:

    • (a) the notice of violation number, as set out in the notice;

    • (b) the person’s name, mailing address, email address, telephone number, facsimile number and contact person, if any;

    • (c) an indication of whether the person prefers to communicate in English or French;

    • (d) in the case of a request under paragraph 29.13(2)(a) of the Act, a proposal detailing the corrective action that will be taken to ensure the person’s compliance with the provision to which the violation relates; and

    • (e) in the case of a request made under 29.13(2)(b) of the Act, the person’s reasons for requesting the review.

  • (2) [Repealed, SOR/2018-252, s. 3]

  • (3) The date of the request is

    • (a) the day on which it is submitted, if it is submitted in person; or

    • (b) the day on which it is sent, if it is sent by registered mail, courier or electronic means.

  • SOR/2014-113, s. 4
  • SOR/2018-252, s. 3
 
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