GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Electricity and Gas Inspection Act — E-4 29
Report on administration of Act 29 As soon as practicable after the expiration of a period of five years beginning on the earliest day on which this Act or a provision thereof is in force, whether as regards electricity or gas or both, the Minister shall prepare a report with respect to the administration of this Act during that period and shall lay a copy of the report before Parliament on any of the first fifteen days that either House of Parliament is sitting after he completes it. 1980-81-82-83, c. 87, s. 29
Electricity and Gas Inspection Act — E-4 29.1
Regulations 29.1 The Governor in Council may make regulations (a) designating any provision of this Act — other than paragraphs 30(b) to (e) and subsection 32(1) — or of the regulations as a provision whose contravention may be proceeded with as a violation in accordance with sections 29.11 to 29.29; (b) establishing a penalty, or a range of penalties, in respect of each violation; (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established; (d) classifying each violation as a minor violation, a serious violation or a very serious violation; (e) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part; and (f) respecting a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner, including the circumstances in which the lesser amount may be set out in a notice of violation. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.11
Commission of violation 29.11 (1) Every person who contravenes a provision designated under paragraph 29.1 (a) commits a violation and is liable to a penalty established in accordance with the regulations. Purpose of penalty (2) The purpose of a penalty is to promote compliance with this Act and not to punish. Maximum penalty (3) The maximum penalty for a violation is $2,000. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.12
Notice of violation 29.12 (1) An inspector may issue a notice of violation and cause it to be provided to a person if the inspector has reasonable grounds to believe that the person has committed a violation. Contents of notice (2) The notice of violation must (a) name the person believed to have committed the violation; (b) identify the acts or omissions that constitute the alleged violation; (c) set out the penalty for the violation that the person is liable to pay; (d) set out the particulars concerning the time and manner of payment; and (e) subject to the regulations, set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are set out in the notice. Summary of rights (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 29.13 to 29.26 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review. Short-form descriptions (4) The Minister may establish a short-form description of each violation to be used in notices of violation. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.13
Effect of payment 29.13 (1) If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are set out in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice, (a) they are deemed to have committed the violation to which the amount paid relates; (b) the Minister shall accept the amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 29.12 are ended. Alternatives to payment (2) Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are set out in the notice, (a) request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates, if the penalty is $1,000 or more; or (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty. Deeming (3) If the person who is named in the notice does not pay the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise any right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.14
Compliance agreements 29.14 (1) After considering a request made under paragraph 29.13 (2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any conditions that are satisfactory to the Minister, which conditions may (a) include a provision for the giving of reasonable security, in a form and in an amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the amount of the penalty for the violation. Deeming (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation to which the compliance agreement relates, and the proceedings commenced in respect of the violation under section 29.12 are ended. If compliance agreement complied with (3) If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause the person to be provided with a notice to that effect, at which time any security given by the person under that agreement shall be returned to the person. If compliance agreement not complied with (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause the person to be provided with a notice of default to the effect that (a) instead of the penalty set out in the compliance agreement, the person is liable to pay, within the prescribed time and in the prescribed manner that are set out in the notice of default, twice the amount of the penalty set out in the notice of violation and, for greater certainty, subsection 29.11 (3) does not apply in respect of that amount; or (b) the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada. Effect of notice of default (5) Once they have been provided with the notice of default, the person shall pay the amount set out in it or, if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada. Effect of payment (6) If the person pays the amount set out in a notice of default under paragraph (4)(a) within the prescribed time and in the prescribed manner that are set out in the notice, (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and (b) the compliance agreement entered into under subsection (2) terminates. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.15
Refusal to enter into compliance agreement 29.15 (1) If the Minister refuses to enter into a compliance agreement after considering a request made under paragraph 29.13 (2)(a), the Minister shall cause the person to be provided with a notice to that effect and the person who is named in the notice is liable to pay the amount of the penalty within the prescribed time and in the prescribed manner that are set out in the notice. Effect of payment (2) If the person pays the amount within the prescribed time and in the prescribed manner that are set out in the notice (a) they are deemed to have committed the violation to which the amount paid relates; (b) the Minister shall accept the amount as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 29.12 are ended. Deeming (3) If the person does not pay the amount within the prescribed time and in the prescribed manner that are set out in the notice, they are deemed to have committed the violation. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.16
Review — violation 29.16 (1) After completing a review requested under paragraph 29.13 (2)(b) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Minister shall determine whether the person who is named in the notice committed the violation and, if the Minister determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision. Review — penalty (2) After completing a review requested under paragraph 29.13 (2)(b) with respect to the amount of the penalty set out in the notice of violation, the Minister shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Minister determines that it was not, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision. Payment (3) The person who is provided with a notice of the Minister’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are set out in the notice. Effect of payment (4) If the person pays the amount of the penalty that is set out in the notice of the Minister’s decision within the prescribed time and in the prescribed manner that are set out in the notice, (a) the Minister shall accept the amount as complete satisfaction of the penalty; and (b) the proceedings commenced in respect of the violation under section 29.12 are ended. Submissions in writing (5) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the regulations. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.17
Debts to Her Majesty 29.17 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to enter into a compliance agreement with the Minister or to have the Minister review the acts or omissions that constitute the violation or the amount of the penalty; (b) every amount set out in a compliance agreement entered into with the Minister under subsection 29.14 (1), beginning on the day specified in that agreement or, if no day is specified, beginning on the day on which the agreement is entered into; (c) the amount set out in a notice of default referred to in subsection 29.14 (4), beginning on the day specified in the notice; (d) the amount of a penalty set out in the Minister’s notice under subsection 29.15 (1) or in the notice of the Minister’s decision made under subsection 29.16 (1) or (2), beginning on the day specified in the notice; and (e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d). Limitation period or prescription (2) No proceedings to recover such a debt may be commenced later than five years after the debt becomes payable. Debt final (3) The debt is final and may not be reviewed, restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 29.13 to 29.16 . 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.18
Certificate of default 29.18 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 29.17 (1). Effect of registration (2) Registration in the Federal Court of the certificate 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. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.19
Violations not offences 29.19 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.2
Due diligence defence 29.2 (1) A person may not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or an 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. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.21
Burden of proof 29.21 In every case where the Minister is to determine whether a person who is named in a notice of violation committed any violation identified in it, the Minister shall do so on a balance of probabilities. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.22
Offences by corporate officers, etc. 29.22 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors, agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the violation is a party to and liable for the violation, whether or not the person who actually committed it is proceeded against in accordance with this Act. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.23
Vicarious liability — acts of employees, agents and mandataries 29.23 A person is liable for a violation that is committed by their employee, agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.24
Continuing violation 29.24 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.25
Evidence 29.25 In any proceeding for a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.26
Limitation period or prescription 29.26 No proceedings in respect of a violation may be commenced later than six months after the day on which an inspector becomes aware of the acts or omissions that constitute the alleged violation. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.27
Certification by Minister 29.27 A document appearing to have been issued by the Minister and certifying the day on which the acts or omissions that constitute the alleged violation became known to an inspector is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the inspector became aware of the acts or omissions on that day. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.28
Information may be made public 29.28 The Minister may make public (a) the name and business address of a person who enters into a compliance agreement, the nature of the compliance agreement — including the acts or omissions and provisions at issue, the conditions included in the compliance agreement and the amount payable under it, if any; or (b) the name and business address of a person who is deemed to have committed a violation or who the Minister determined committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 29.29
How act or omission may be proceeded with 29.29 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other. 2011, c. 3, s. 6
Electricity and Gas Inspection Act — E-4 30
Falsification and meter frauds 30 Every person who (a) except as authorized by or under this Act, makes, causes or procures to be made, or assists in making any certificate required under this Act or purporting to be a certificate so required or any stamp, seal, label, tag or mark prescribed for the purposes of this Act or purporting to be a stamp, seal, label, tag or mark so prescribed, (b) knowingly sells, utters or disposes of, lets, uses, lends or exposes for sale any meter with any stamp, seal, label, tag or mark thereon made or obtained by means of the commission of an offence under paragraph (a) or section 32 or made or affixed by way of the use of anything so obtained, (c) in relation to the administration of this Act, knowingly (i) makes any false representation, (ii) makes or causes to be made any false entry in any register or record, (iii) makes or causes to be made any false document or makes any alteration, false in a material respect, to the form of a copy of any document, or (iv) produces or tenders any document containing false information, (d) for a fraudulent purpose, (i) repairs or alters, or causes to be repaired or altered, or tampers with or does any other act in relation to a meter, or any wires or pipes leading to a meter, so as to cause the meter to register with an error, or (ii) replaces any meter with a meter calculated to mislead, or (e) with intent to defraud, obtains, consumes, uses, supplies or sells electricity or gas in relation to which any meter (i) registers with an error caused by an offence under paragraph (d), or (ii) in the case of commission therewith of an offence under subparagraph (d)(ii), is calculated to mislead, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. 1980-81-82-83, c. 87, s. 30
Electricity and Gas Inspection Act — E-4 32
Stealing stamp or seal 32 (1) Every person who steals any stamp, seal, label, tag or marker issued for the stamping, sealing, labelling, tagging or marking of a meter under this Act is guilty of an offence. Punishment — first offence (2) Every person who is guilty of an offence under subsection (1) is liable, for a first offence, (a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years. Punishment — subsequent offences (3) Every person who is guilty of an offence under subsection (1) is liable, for a second or subsequent offence, (a) on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months, or to both; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years. R.S., 1985, c. E-4, s. 32; 2011, c. 3, s. 7
Electricity and Gas Inspection Act — E-4 33
Other offences 33 (1) Every person is guilty of an offence who (a) prevents or refuses lawful access to any meter in his possession or control, (b) obstructs or hinders any examination or testing authorized by or under this Act, (c) puts into service or causes to be put into service any meter contrary to subsection 9(1), (d) refuses or neglects to cause any meter, being in a purchaser’s service, to be dealt with in any manner required under subsection 11(3) or section 12, (e) being a contractor, contravenes subsection 6(2) or (3) or permits any meter, in default of compliance with section 12, to continue in service beyond the period within which it is required by that section to be dealt with in the manner provided thereby, (f) contrary to subsection 15(1) verifies, seals, reverifies or reseals any meter or breaks or causes to be broken the seal of any meter, (g) being an owner, contravenes subsection 16(2) or 22(2), (h) being an accredited meter verifier, contravenes section 17, (i) obstructs or hinders an inspector in executing his functions under this Act, (j) not being an inspector or an accredited meter verifier, marks pursuant to regulations made under paragraph 28(1)(c), or issues a certificate as to the accuracy or condition of, any meter after it has been installed for use, or (k) for the purposes of any sale by him of electricity or gas by unit of measurement, supplies electricity or gas that is, subject to prescribed limits of error, less in quantity or otherwise than the electricity or gas that he (i) purports to supply, or (ii) should supply on the basis of the total price charged therefor and the stated price per unit of measurement used to determine the total price. (l) [Repealed, 2011, c. 3, s. 8] (m) [Repealed, 2011, c. 3, s. 8] Punishment — first offence (2) Every person who is guilty of an offence under subsection (1) is liable, for a first offence, (a) on summary conviction, to a fine not exceeding $10,000; or (b) on conviction on indictment, to a fine not exceeding $25,000. Punishment — subsequent offences (3) Every person who is guilty of an offence under subsection (1) is liable, for a second or subsequent offence, (a) on summary conviction, to a fine not exceeding $20,000; or (b) on conviction on indictment, to a fine not exceeding $50,000. R.S., 1985, c. E-4, s. 33; 2011, c. 3, s. 8
Electricity and Gas Inspection Act — E-4 34
Punishment — general offence 34 Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is otherwise provided by this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000. R.S., 1985, c. E-4, s. 34; 2011, c. 3, s. 9
Electricity and Gas Inspection Act — E-4 35
Extension of liability for offences 35 (1) In sections 30 to 34, “person” includes an unincorporated body that is a contractor. Officers, etc., of corporations (2) If a contractor or corporation commits an offence under this Act, any officer, director or agent or mandatary of the contractor or corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the contractor or corporation has been prosecuted or convicted. R.S., 1985, c. E-4, s. 35; 2011, c. 21, s. 125(E)
Electricity and Gas Inspection Act — E-4 35.1
Due diligence defence 35.1 A person may not be convicted of an offence under this Act — other than for a contravention of any of paragraphs 30(b) to (e) or subsection 32 (1) — if they establish that they exercised due diligence to prevent the commission of the offence. 2011, c. 3, s. 10