GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 122
Continuing violation 122 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Canadian Energy Regulator Act — C-15.1 123
Violation or offence 123 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.
Canadian Energy Regulator Act — C-15.1 124
Limitation period or prescription 124 No notice of violation in respect of a violation may be issued more than two years from the day on which the subject matter of the violation arises.
Canadian Energy Regulator Act — C-15.1 125
Right to request review 125 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Commission allows, make a request to the Commission for a review of the amount of the penalty or the facts of the violation, or both.
Canadian Energy Regulator Act — C-15.1 126
Correction or cancellation of notice of violation 126 At any time before a request for a review in respect of a notice of violation is received by the Commission, a person designated under subsection 116 (2) may cancel the notice of violation or correct an error in it.
Canadian Energy Regulator Act — C-15.1 127
Review 127 (1) On receipt of a request made under section 125 , the Commission must conduct the review or cause the review to be conducted by a person designated under subsection 116(1.1). Restriction (2) The Commission must conduct the review if the notice of violation was issued by a person designated under subsection 116(1.1).
Canadian Energy Regulator Act — C-15.1 128
Object of review 128 (1) The Commission or the person conducting the review must determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Commission or the person conducting the review must make a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it. Correction of penalty (3) If the Commission or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Commission or the person, as the case may be, must correct the amount of the penalty. Responsibility (4) If the Commission or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the determination. Determination final (5) Despite subsection 69 (1) and (2), a determination made under this section is final and binding and, except for judicial review under the Federal Courts Act , is not subject to appeal or to review by any court. Federal Court (6) Despite section 28 of the Federal Courts Act , the Federal Court has exclusive original jurisdiction to hear and determine an application for judicial review of a determination made under this section by the Commission.
Canadian Energy Regulator Act — C-15.1 129
Burden of proof 129 If the facts of a violation are reviewed, the person who issued the notice of violation must establish, on a balance of probabilities, that the person named in it committed the violation identified in it.
Canadian Energy Regulator Act — C-15.1 130
Payment 130 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.
Canadian Energy Regulator Act — C-15.1 131
Failure to act 131 A person that neither pays the penalty imposed under this Act nor requests a review within the period referred to in section 125 is considered to have committed the violation and is liable to the penalty.
Canadian Energy Regulator Act — C-15.1 132
Debts to Her Majesty 132 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in the Federal Court or any other court of competent jurisdiction. Limitation period or prescription (2) Proceedings to recover the debt may be instituted no later than the fifth anniversary of the day on which the debt becomes payable.
Canadian Energy Regulator Act — C-15.1 133
Certificate 133 (1) The Commission may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 132 (1). Registration in Federal Court (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate of non-payment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
Canadian Energy Regulator Act — C-15.1 134
Admissibility of documents 134 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 120 (1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.
Canadian Energy Regulator Act — C-15.1 135
Publication 135 The Regulator may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.
Canadian Energy Regulator Act — C-15.1 136
Purpose 136 The purpose of sections 137 to 142 is to reinforce the “polluter pays” principle by, among other things, imposing financial requirements on any company that is authorized under this Act to construct or operate a pipeline.
Canadian Energy Regulator Act — C-15.1 137
on-use value described in paragraph (1)(c). Claims (10) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in paragraph (1)(a) are to be distributed pro rata and rank in priority over claims for costs and expenses described in paragraph (1)(b), and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in paragraph (1)(c). Saving (11) Subject to subsections (8) and (9), nothing in this section suspends or limits (a) any legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Act or gives rise to liability under this section; (b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or (c) the operation of any applicable law or rule of law that is consistent with this section. Limitation period or prescription (12) Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage or costs and expenses were incurred but in no case after the sixth anniversary of the day on which the release occurred.
Canadian Energy Regulator Act — C-15.1 138
Financial resources 138 (1) A company that is authorized under this Act to construct or operate a pipeline must maintain the amount of financial resources necessary to pay the amount of the limit of liability referred to in subsection 137 (5) that applies to it or, if the Commission specifies a greater amount, that amount. Types of financial resources (2) Subject to the regulations made under subsection (7), the Commission may, by order, direct a company, either individually or as a member of a class of companies authorized under this Act to construct or operate a pipeline, to maintain the amount of financial resources that is referred to in subsection (1) of the types of financial resources that the Commission specifies, including types that must be readily accessible to the company and, if the Commission specifies types of financial resources, it may specify the amount that the company is required to maintain of each type. Duty to satisfy Commission (3) At the Commission’s request, the company must satisfy the Commission that it meets the requirement to maintain the amount of financial resources referred to in subsection (1) and that it complies with any order made under subsection (2). The Commission may consider, among other things, the company’s financial statements, letters of credit, guarantees, bonds or suretyships and insurance. Greater amount (4) The Commission may, by order, specify an amount for the purposes of subsection (1). Loss of non-use value (5) When the Commission specifies an amount for the purposes of subsection (1), it is not required to consider any potential loss of non-use value relating to a public resource that is affected by an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline or by any action or measure taken in relation to the release. Continuing obligation (6) A company that is authorized under this Act to construct or operate a pipeline must maintain the amount of financial resources referred to in subsection (1) and must comply with any order made under subsection (2) and any regulation made under subsection (7) only until it obtains leave from the Commission to abandon the operation of its pipeline. Regulations (7) The Governor in Council may, on the Minister’s recommendation, make regulations (a) providing for the types of financial resources from which the Commission may choose if it specifies types of financial resources under subsection (2), including those from which the Commission may choose if it specifies types of financial resources that must be readily accessible to the company; and (b) respecting the amount of financial resources that must be readily accessible to a company individually or as a member of a class of companies.
Canadian Energy Regulator Act — C-15.1 139
Pooled fund 139 (1) Subject to subsection (2), a company may meet all or a portion of its financial requirements under subsection 138 (1) by participating in a pooled fund that is established by companies authorized under this Act to construct or operate a pipeline, that meets the requirements established by the regulations and from which the Regulator may withdraw any amount under subsection 141 (6). Difference (2) If a company meets only a portion of its financial requirements by participating in a pooled fund and the amount of funds in the pooled fund to which it has access — in the event that there is an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline that the company is authorized under this Act to construct or operate — is less than the amount of financial resources referred to in subsection 138 (1), the company must maintain an amount equal to the difference between those amounts. Regulations (3) The Governor in Council may, on the Minister’s recommendation, make regulations respecting a pooled fund referred to in subsection (1), including regulations specifying (a) the minimum amount of the pooled fund and the minimum amount of the pooled fund that must be readily accessible; (b) any condition that a company must meet in order to participate in the pooled fund, including the minimum amount that a company must contribute to the pooled fund; (c) the maximum amount that a company may withdraw from the pooled fund; and (d) the maximum portion of a company’s financial requirements that may be met by participating in the pooled fund.
Canadian Energy Regulator Act — C-15.1 140
Reimbursement —  measures taken by government institution 140 If an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline occurs, the Commission may, by order, direct the company that is authorized under this Act to construct or operate that pipeline to reimburse any federal, provincial or municipal government institution, any Indigenous governing body or any person for the costs and expenses that the Commission considers reasonable that they incurred in taking any reasonable action or measure in relation to the release, even if the costs and expenses are more than the amount of the limit of liability referred to in subsection 137 (5) that applies to that company.
Canadian Energy Regulator Act — C-15.1 141
Designation 141 (1) The Governor in Council may, on the Minister’s recommendation, designate any company that is authorized under this Act to construct or operate a pipeline from which an unintended or uncontrolled release of oil, gas or any other commodity has occurred if (a) the Governor in Council considers that the company does not have or is not likely to have the financial resources necessary to pay (i) the costs and expenses incurred, or to be incurred, in taking any action or measure in relation to the release, and (ii) the compensation that might be awarded for compensable damage caused by the release; or (b) the company does not comply with an order of the Commission with respect to any action or measure to be taken in relation to the release. Measures to be taken (2) If the Governor in Council designates a company under subsection (1), the Regulator or any of its officers or employees — or class of officers or employees — that the Regulator authorizes may take any action or measure that they consider necessary in relation to the release or they may authorize a third party to take any action or measure. No liability (3) 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 any action or measure in relation to the release. Third party liability (4) A third party that is authorized under subsection (2) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in good faith in taking the action or measure. Reimbursement —  measures taken by government institution (5) If the Governor in Council designates a company under subsection (1), the Regulator may reimburse any federal, provincial or municipal government institution, any Indigenous governing body or any person the costs and expenses that the Regulator considers reasonable that they incurred in taking any reasonable action or measure in relation to the release. Withdrawal from pooled fund (6) If the Governor in Council designates a company under subsection (1) and that company participates in a pooled fund described in subsection 139 (1), the Regulator may withdraw any amount from the pooled fund that is necessary to pay the costs and expenses incurred in taking any action or measure under subsection (2) and to reimburse the costs and expenses referred to in subsection (5).
Canadian Energy Regulator Act — C-15.1 142
Regulations imposing fees, etc. 142 (1) Subject to the Treasury Board’s approval, the Regulator must, for the purposes of recovering the amounts paid out of the Consolidated Revenue Fund under subsection 171 (1), even if those amounts are more than the amount of the limit of liability referred to in subsection 137 (5) that applies to a designated company, make regulations (a) imposing fees, levies or charges on a designated company and, if the amount recovered from the designated company is not sufficient to recover the amounts paid out, imposing fees, levies or charges on companies that are authorized under this Act to construct or operate pipelines that transport the same commodity or a commodity of the same class as the commodity that was released from a pipeline constructed or operated by the designated company; and (b) prescribing the manner of calculating the fees, levies and charges and their payment to the Regulator. Interest on late payments (2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable by a company either individually or as a member of a class of companies on any fee, levy or charge not paid by the company on or before the date it is due and the time from which interest is payable. Debt due to Her Majesty (3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt that is due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Canadian Energy Regulator Act — C-15.1 143
Establishment of Tribunal 143 (1) The Governor in Council may, by order, after a designation is made under subsection 141 (1), establish a pipeline claims tribunal whose purpose is to examine and adjudicate, as expeditiously as the circumstances and considerations of fairness permit, the claims for compensation made under this Act in relation to the release that occurred from the designated company’s pipeline and specify the location of its head office. Reasons (2) However, the Governor in Council may establish a pipeline claims tribunal only if, having regard to the extent of the compensable damage caused by the release, the estimated cost of paying compensation in respect of that damage and the advantages of having claims dealt with by an administrative tribunal, the Governor in Council considers it in the public interest to do so. Claims treated equitably (3) A Tribunal must exercise its powers and perform its duties and functions with respect to claims for compensation in an equitable manner, without discrimination on the basis of nationality or residence.
Canadian Energy Regulator Act — C-15.1 144
Jurisdiction of courts 144 For greater certainty, nothing in sections 143 and 145 to 173 is to be construed as restricting the jurisdiction of a court of competent jurisdiction with respect to the release referred to in subsection 143 (1).
Canadian Energy Regulator Act — C-15.1 145
Public notice 145 Immediately after a Tribunal is established, the Regulator must notify the public, in a manner that the Tribunal considers appropriate, of the Tribunal’s purpose and the manner in which to obtain information on making a claim for compensation and must publish in the Canada Gazette a notice setting out that purpose and the manner in which to obtain that information.
Canadian Energy Regulator Act — C-15.1 146
Members of Tribunal 146 (1) A Tribunal is to have at least three members, each of whom is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office for a term of not more than five years. Members’ qualifications (2) The members of the Tribunal are to be appointed from among persons who are retired judges of a superior court or members of at least 10 years standing at either the bar of a province or the Chambre des notaires du Québec . Replacing member (3) If a member is absent or becomes incapacitated, resigns or dies, the Governor in Council may appoint a replacement for that member. Remuneration (4) The Regulator must pay the members the remuneration and expenses that are fixed by the Governor in Council.
Canadian Energy Regulator Act — C-15.1 147
Tenure 147 (1) Each member of a Tribunal is to hold office during good behaviour, but may be removed by the Governor in Council for cause. Termination of Tribunal (2) The Governor in Council may terminate the appointment of the members of the Tribunal if the Governor in Council is satisfied that the Tribunal has no work to carry out.
Canadian Energy Regulator Act — C-15.1 148
Immunity 148 No action lies against any member of a Tribunal for anything done or omitted to be done by the member in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.
Canadian Energy Regulator Act — C-15.1 149
Chairperson 149 (1) The Governor in Council must, on the Minister’s recommendation, designate one of the members of a Tribunal to be the Chairperson of the Tribunal. Chairperson’s powers, duties and functions (2) The Chairperson apportions work among the members of the Tribunal and, if he or she establishes a panel, assigns members to the panel and designates a member to preside over it. The Chairperson also has supervision over and direction of the work of the Tribunal’s staff.
Canadian Energy Regulator Act — C-15.1 150
Staff 150 A Tribunal may employ the staff that it considers necessary for the proper exercise of its powers and performance of its duties and functions, prescribe their duties and, subject to any regulations, the conditions of their employment and, with the Treasury Board’s approval, fix their remuneration.
Canadian Energy Regulator Act — C-15.1 151
Technical or specialized knowledge 151 A Tribunal may engage, on a temporary basis, the services of counsel or notaries and other persons having technical or specialized knowledge to assist it in its work, prescribe their duties and the conditions of their employment and, with the Treasury Board’s approval, fix their remuneration and expenses.
Canadian Energy Regulator Act — C-15.1 152
Payment by Regulator 152 The Regulator must pay the remuneration and expenses referred to in sections 150 and 151 .
Canadian Energy Regulator Act — C-15.1 153
Staff and facilities 153 The Regulator must provide a Tribunal with any professional, technical, secretarial, clerical and other assistance and any facilities and supplies that the Regulator considers necessary to enable the Tribunal to exercise its powers and perform its duties and functions.
Canadian Energy Regulator Act — C-15.1 154
Hearings 154 A Tribunal must conduct its hearings in Canada on the dates and at the times and locations that it considers appropriate.
Canadian Energy Regulator Act — C-15.1 155
Powers 155 (1) A Tribunal has all the powers, rights and privileges vested in a superior court with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents and the enforcement of its orders. Evidence at hearings (2) The Tribunal is not, in the hearing of any matter, bound by the legal rules of evidence. However, it must not receive as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.
Canadian Energy Regulator Act — C-15.1 156
Examinations 156 For the purposes of adjudicating a claim for compensation or an application for reconsideration, a Tribunal may require a claimant or applicant to undergo medical or other examinations that the Tribunal considers reasonably necessary.
Canadian Energy Regulator Act — C-15.1 157
Frivolous or vexatious claims 157 A Tribunal may refuse to hear any claim for compensation or application for reconsideration that it considers to be frivolous or vexatious.
Canadian Energy Regulator Act — C-15.1 158
Written submissions 158 A Tribunal may examine and adjudicate any claim for compensation or application for reconsideration based only on written submissions.
Canadian Energy Regulator Act — C-15.1 159
Rules 159 A Tribunal may make the rules that it considers necessary for the exercise of its powers and the performance of its duties and functions, including rules respecting (a) procedures for making a claim for compensation and those for making an application for reconsideration; (b) the information that must be included with a claim for compensation or an application for reconsideration; (c) the conduct of its examination of claims for compensation and applications for reconsideration, including the conduct of its hearings; (d) the form and manner in which evidence must be submitted; and (e) a quorum.