GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 92
Statutory Instruments Act 92 An order made or a direction given by the Commission, a designated officer or an inspection officer under this Act is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act if (a) the order or direction applies to a single person or entity; (b) the order or direction applies with respect to a single regulated facility or abandoned facility; or (c) the Commission, designated officer or inspection officer considers that the order or direction is required immediately for the safety or security of persons, regulated facilities or abandoned facilities or for the protection of property or the environment.
Canadian Energy Regulator Act — C-15.1 93
Definitions 93 The following definitions apply in this Part. compensable damage means the costs, losses and damages for which the Tribunal may award compensation. ( dommages indemnisables ) holder means (a) the holder of a certificate or permit issued under Part 3 or 4 in respect of a regulated facility; (b) a person, company or other entity that is the subject of an order made under section 214 in respect of a pipeline; (c) a person, company or other entity authorized to operate a pipeline under a Special Act; (d) a company that has been granted leave under Part 3 to abandon a pipeline; (e) a person, company or other entity that has been granted leave under Part 4 to abandon an international power line or interprovincial power line; or (f) the holder of an authorization issued under Part 5 in respect of a work or activity. ( titulaire ) Tribunal means a pipeline claims tribunal established under subsection 143 (1). ( Tribunal )
Canadian Energy Regulator Act — C-15.1
compensable damage means the costs, losses and damages for which the Tribunal may award compensation. ( dommages indemnisables )
Canadian Energy Regulator Act — C-15.1 (a)
holder means (a) the holder of a certificate or permit issued under Part 3 or 4 in respect of a regulated facility; (b) a person, company or other entity that is the subject of an order made under section 214 in respect of a pipeline; (c) a person, company or other entity authorized to operate a pipeline under a Special Act; (d) a company that has been granted leave under Part 3 to abandon a pipeline; (e) a person, company or other entity that has been granted leave under Part 4 to abandon an international power line or interprovincial power line; or (f) the holder of an authorization issued under Part 5 in respect of a work or activity. ( titulaire )
Canadian Energy Regulator Act — C-15.1
Tribunal means a pipeline claims tribunal established under subsection 143 (1). ( Tribunal )
Canadian Energy Regulator Act — C-15.1 94
Reasonable care 94 The holder must take all reasonable care to ensure the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment.
Canadian Energy Regulator Act — C-15.1 95
Orders 95 (1) To promote the safety and security of the operation of a regulated facility, the Commission may, by order, direct the holder to repair, reconstruct or alter part of the regulated facility and direct that, until the work is done, that part of the regulated facility not be used or be used in accordance with any conditions specified by the Commission. Other measures (2) The Commission may, by order, direct any of the following persons or bodies to take measures in respect of a regulated facility, an abandoned facility or any work or activity authorized under Part 5 that the Commission considers necessary for the safety and security of persons, the safety and security of the regulated facility or abandoned facility or the protection of property or the environment: (a) an Indigenous governing body; (b) the holder or any other person; (c) the federal government or a federal Crown corporation; (d) a provincial government or a provincial Crown corporation; (e) a local authority. Measures to be taken (3) If a person or body does not comply with an order under subsection (2) or an order under section 109 in relation to an abandoned facility or to the abandonment of a pipeline, an offshore power line or any facility, equipment or system that is related to an offshore renewable energy project, the Commission may (a) take any action or measure the Commission considers necessary; (b) authorize an officer or employee, or class of officers or employees, of the Regulator to take the action or measure; or (c) authorize a third party to take the action or measure. No liability (4) No action lies against the Regulator or an officer or employee of the Regulator or against a servant of the Crown , as those terms are defined in section 2 of the Crown Liability and Proceedings Act , in respect of any act or omission committed in taking an action or measure referred to in subsection (3). Third party liability (5) A third party that is authorized under subsection (3) to take an action or measure is not liable in respect of any act or omission committed in good faith in taking the action or measure.
Canadian Energy Regulator Act — C-15.1 96
Regulations 96 The Regulator may, with the approval of the Governor in Council, make regulations (a) respecting the design, construction and operation of pipelines, international power lines and interprovincial power lines designated by an order made under section 261 ; (b) respecting the abandonment of pipelines; (c) respecting surveillance or monitoring measures that, in relation to the activities referred to in paragraphs (a) and (b), are for the safety and security of persons and for the protection of property and the environment; (d) respecting abandoned facilities; (e) requiring holders to have management systems in place and to comply with them; and (f) providing for the elements to be included in those management systems — including human or organizational factors — and respecting any criteria to be met by those management systems.
Canadian Energy Regulator Act — C-15.1 97
Exemption orders 97 The Commission may make orders exempting holders, on any conditions that the Commission considers appropriate, from any or all provisions of a regulation made under section 96 or 312, in order to, among other things, ensure the safety and security of persons, the safety and security of regulated facilities or abandoned facilities or the protection of property or the environment.
Canadian Energy Regulator Act — C-15.1 98
Regulations 98 Without limiting the scope of the regulations that the Regulator may make under section 96 , the Governor in Council may make regulations (a) specifying requirements with respect to the monitoring of regulated facilities; and (b) respecting the actions or measures to be taken in preparation for, or in the case of, an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline.
Canadian Energy Regulator Act — C-15.1 99
Offence and punishment 99 (1) Every person who contravenes an order made under subsection 95 (1) or (2) or a regulation made under section 96 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both. Application of subsections 379 (2) to (6) (2) Subsections 379 (2) to (6) apply, with any modifications that the circumstances require, to an offence referred to in subsection (1).
Canadian Energy Regulator Act — C-15.1 100
Security regulations 100 (1) The Regulator may, with the approval of the Governor in Council, make regulations respecting the security of regulated facilities, including regulations respecting standards, plans and audits that are related to the security of regulated facilities and respecting cybersecurity matters that are related to regulated facilities and may, for that purpose, define what constitutes cybersecurity. Offence and punishment (2) Every person who contravenes any of the regulations made under subsection (1) is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both. Application of subsections 379(2) to (6) (3) Subsections 379 (2) to (6) apply, with any modifications that the circumstances require, to the offence referred to in subsection (2).
Canadian Energy Regulator Act — C-15.1 101
Abandoned facilities 101 (1) A person must not make contact with, alter or remove an abandoned facility unless they are authorized to do so in an order made under subsection (2). Order (2) A designated officer may make an order, subject to any conditions that the designated officer considers appropriate, authorizing a person to make contact with, alter or remove an abandoned facility. Exceptions (3) The Regulator may make regulations respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary and the Commission may make orders respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary.
Canadian Energy Regulator Act — C-15.1 102
Designation of inspection officers 102 (1) The Chief Executive Officer may designate any person or member of any class of persons as an inspection officer to administer and enforce this Part, Parts 3 to 5 and section 335 . Purposes of designation (2) The purposes for which an inspection officer may be designated are: (a) to ensure the safety and security of persons; (b) to ensure the safety and security of regulated facilities and abandoned facilities; and (c) to ensure the protection of property and the environment. Certificate (3) The Regulator must provide every inspection officer designated under subsection (1) with a certificate of authority. That inspection officer must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 103 (1).
Canadian Energy Regulator Act — C-15.1 104
Warrant to enter dwelling-house or living quarters 104 (1) If the place is a dwelling-house or living quarters, the inspection officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspection officer to enter a dwelling-house or living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house or living quarters is a place referred to in subsection 103 (1); (b) entry to the dwelling-house or living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Part, any of Parts 3 to 5 or section 335 , or for a purpose referred to in subsection 102 (2); and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (3) In executing a warrant to enter a dwelling-house or living quarters, an inspection officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
Canadian Energy Regulator Act — C-15.1 105
Immunity 105 No action or other proceeding of a civil nature lies against an inspection officer in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties and functions under this Part.
Canadian Energy Regulator Act — C-15.1 106
Prohibition — obstruction 106 It is prohibited to obstruct or hinder an inspection officer who is exercising their powers or performing their duties and functions under this Part.
Canadian Energy Regulator Act — C-15.1 107
Prohibition — false statements or information 107 It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Part, any of Parts 3 to 5 or section 335 to any inspection officer who is exercising their powers or performing their duties and functions under this Part.
Canadian Energy Regulator Act — C-15.1 108
Notice of non-compliance 108 (1) If an inspection officer has reasonable grounds to believe that a person has contravened this Part, any of Parts 3 to 5 or section 335 , he or she may issue a notice of non-compliance to the person. Contents of notice (2) A notice must be made in writing and must set out (a) the name of the person to whom the notice is directed; (b) the provision of this Part, any of Parts 3 to 5 or section 335 or any of their regulations that is alleged to have been contravened, the order or decision that is alleged to have been contravened, or the condition of any certificate, order or decision, permit or authorization, leave or exemption that is alleged to have been contravened; (c) the relevant facts surrounding the alleged contravention; and (d) the period within which the person may provide comments in response to the notice.
Canadian Energy Regulator Act — C-15.1 109
Grounds for making order 109 (1) If an inspection officer who is expressly authorized by the Chief Executive Officer to make orders under this section has reasonable grounds to believe that there is or is likely to be a contravention of this Part or any of Parts 3 to 5 or section 335 , or for a purpose referred to in subsection 102 (2), the inspection officer may, by order, direct a person to (a) stop doing something that is in contravention of this Part or any of Parts 3 to 5 or section 335 or cause it to be stopped; (b) take any measure that is necessary in order to comply with this Part or any of Parts 3 to 5 or section 335 or mitigate the effects of non-compliance; (c) stop doing something that may cause a hazard to the safety or security of persons, or damage to property or the environment or cause it to be stopped; or (d) take any measure that is necessary to prevent or mitigate the hazard to the safety or security of persons or damage to property or the environment. Terms of order (2) The order may require work associated with a facility, including a regulated facility, abandoned facility or ground disturbance to be suspended until the hazardous or detrimental situation has been remedied to the satisfaction of an inspection officer or the order is stayed or rescinded. Notice and report (3) An inspection officer who makes an order under this section must, as soon as possible, (a) give written notice of the order to the person to whom it is directed, including the terms of the order and a statement of the reasons for the order; and (b) report the circumstances and terms of the order to the Commission.
Canadian Energy Regulator Act — C-15.1 110
Effect of appeal 110 For greater certainty, an appeal before the Commission from an order made under section 109 does not operate as a stay of the order, but the Commission may grant a stay pending the outcome of the appeal.
Canadian Energy Regulator Act — C-15.1 111
Information confidential 111 An inspection officer must not disclose to any person any information regarding any secret process or trade secret obtained while performing duties and functions under this Part, except for the purposes of this Part or as required by law.
Canadian Energy Regulator Act — C-15.1 112
Offence and punishment — duty to assist and orders 112 (1) Every person who contravenes subsection 103 (4) or fails to comply with an order under section 109 is guilty of an offence and is liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both. Defence — no notice (2) A person must not be found guilty of an offence for failing to comply with an order under section 109 unless the person was given written notice of the order in accordance with paragraph 109 (3)(a). Offence and punishment — obstruction (3) Every person who contravenes section 106 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000. Application of subsections 379 (2) to (6) (4) Subsections 379 (2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under subsections (1) and (3). Offence and punishment — false statements or information (5) Every person who contravenes section 107 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $300,000. Application of subsections 379 (3) to (6) (6) Subsections 379 (3) to (6) apply, with any modifications that the circumstances require, in respect of an offence under subsection (5).
Canadian Energy Regulator Act — C-15.1
coroner includes any medical examiner or other person carrying out the duties and functions of a coroner. ( coroner )
Canadian Energy Regulator Act — C-15.1
recording means the whole or any part of either a recording of voice communications originating from, or received on or in, a regulated facility, or a video recording of the activities of the operating personnel of the regulated facility, which recording of voice communications or video recording is made, using recording equipment to which the operating personnel does not have access, in a place where operations of the facility are carried out and includes a transcript or substantial summary of such a recording. ( enregistrement )
Canadian Energy Regulator Act — C-15.1 114
Voluntary reporting 114 (1) The Regulator may, subject to the approval of the Governor in Council, make regulations for the establishment and administration of systems for the voluntary reporting to the Regulator of alleged non-compliance with this Act. Use by Regulator (2) The Regulator may, subject to this section, make any use of any report made to it in accordance with regulations made under subsection (1) that it considers necessary for the purposes of this Act. Rules for protection of identity (3) Regulations made under subsection (1) may include rules for the protection of the identity of persons who make a report. Certain information privileged (4) Where the identity of a person who has made a report to the Regulator in accordance with regulations made under subsection (1) is protected by rules referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and a person must not (a) knowingly communicate it or permit it to be communicated to any person; or (b) be required to produce it or give evidence relating to it in any legal, disciplinary or other proceedings. Use prohibited (5) A report made to the Regulator under a voluntary reporting system established by regulations made under subsection (1) must not be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by rules referred to in subsection (3).
Canadian Energy Regulator Act — C-15.1 115
Regulations 115 (1) The Regulator may, with the approval of the Governor in Council, make regulations (a) designating as a violation that may be proceeded with in accordance with this Act (i) the contravention of any specified provision of this Act or the regulations, (ii) the contravention of any order or decision, or of any order or decision of any specified class of orders or decisions, made under this Act, or (iii) the failure to comply with any condition of (A) any certificate, licence, permit or authorization, or (B) any leave or exemption granted under this Act; (b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and (c) respecting the service of documents required or authorized under section 120 , 125 or 128 , including the manner and proof of service and the circumstances under which documents are considered to be served. Maximum amount of penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation must not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.
Canadian Energy Regulator Act — C-15.1 116
Powers of Regulator 116 (1) The Regulator may (a) establish the form of notices of violation; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation. Powers of Commission (1.1) The Commission may designate persons or classes of persons to conduct reviews under section 128. Powers of Chief Executive Officer (2) The Chief Executive Officer may designate persons or classes of persons who are authorized to issue notices of violation.
Canadian Energy Regulator Act — C-15.1 117
Commission of violation 117 (1) Every person who contravenes or fails to comply with a provision, order, decision or condition designated under paragraph 115 (1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act and not to punish.
Canadian Energy Regulator Act — C-15.1 118
Liability of directors, officers, etc. 118 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act.
Canadian Energy Regulator Act — C-15.1 119
Proof of violation 119 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against in accordance with this Act.
Canadian Energy Regulator Act — C-15.1 120
Issuance and service of notice of violation 120 (1) If a person designated under subsection 116 (2) has reasonable grounds to believe that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person. Contents (2) The notice of violation must (a) name the person that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty for the violation; (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period referred to in section 125 within which that right must be exercised; (e) inform the person of the manner of paying the penalty set out in the notice; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice.
Canadian Energy Regulator Act — C-15.1 121
Certain defences not available 121 (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the commission of the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Common law principles (2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.