GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 160
Application 160 (1) Any person, partnership or unincorporated organization or federal, provincial or municipal government or any Indigenous governing body may, within the prescribed period, make to a Tribunal a claim for compensation for compensable damage caused by the release that occurred from a designated company’s pipeline. Panel (2) As soon as feasible after the day on which the claim is made, the Chairperson must (a) assign the claim to the Tribunal; (b) establish a panel of the Tribunal and assign the claim to that panel; or (c) assign the claim to an existing panel. Notice (3) The Chairperson must notify the claimant, the designated company and the Regulator that the claim has been assigned. Powers, duties and functions (4) A panel has the powers, other than the power described in section 159 , and the duties and functions of the Tribunal with respect to any claim for compensation that is before that panel.
Canadian Energy Regulator Act — C-15.1 161
Public hearings 161 Tribunal hearings are to be held in public. However, a Tribunal may hold all or part of a hearing in private if it considers that (a) a public hearing would not be in the public interest; (b) a person’s privacy interest outweighs the principle that hearings be open to the public; or (c) confidential business information may be disclosed.
Canadian Energy Regulator Act — C-15.1 162
Interim award of compensation 162 If it is authorized to do so by the regulations, a Tribunal may award interim compensation in respect of a claim for compensation. If the Tribunal awards interim compensation, it must advise the Regulator, by notice, of the amount awarded.
Canadian Energy Regulator Act — C-15.1 163
Determining compensation 163 (1) A Tribunal must decide whether to award a claimant compensation for the compensable damage that is referred to in their claim for compensation. If it decides to award compensation, it must, having regard to any other amount of compensation that the claimant has been paid for that damage, determine the amount of compensation in accordance with the regulations and, if it is authorized by the regulations to award costs with respect to a claimant’s claim for compensation and it decides to do so, it must determine the amount of those costs. Notice — decision (2) The Tribunal must advise the claimant and the designated company, by notice, of its decision with respect to the claim for compensation and, if compensation or costs are awarded, it must also advise the Regulator by that notice. Content of notice (3) The notice must indicate (a) the amount of any compensation or costs determined under subsection (1); (b) any reduction in the amount of compensation provided for by the regulations; and (c) any amounts that have already been paid to the claimant for the compensable damage that is referred to in their claim.
Canadian Energy Regulator Act — C-15.1 164
Amount to be paid 164 (1) The Regulator must, subject to section 165 and within the prescribed period, pay to the claimant (a) the amount of interim compensation indicated in the notice referred to in section 162 ; (b) subject to the regulations, the amount of compensation and costs indicated in the notice referred to in subsection 163 (2) and any interest payable; and (c) if the amount of compensation and costs indicated in the notice referred to in subsection 169 (2) is more than the amount paid by the Regulator under paragraph (b), subject to the regulations, an amount equal to the difference between those amounts. Interest on claim (2) If the regulations provide for interest with respect to a claim for compensation, the interest accrues at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act that are in effect from time to time. Fees and travel expenses (3) If it is authorized to do so by the regulations, a Tribunal may, in accordance with the regulations, award fees and travel expenses. If the Tribunal awards fees and travel expenses, it must advise the Regulator, by notice, of the amount awarded and the Regulator must pay that amount.
Canadian Energy Regulator Act — C-15.1 165
Total amount 165 The total amount that the Regulator pays under subsection 164 (1) must not be more than the portion established by the Minister of Finance under subsection 171 (2).
Canadian Energy Regulator Act — C-15.1 166
Recovery of overpayment 166 The following are debts that are due to Her Majesty in right of Canada and may be recovered in accordance with section 155 of the Financial Administration Act : (a) any overpayment to a claimant by the Regulator under subsection 164 (1); (b) any amount paid to a claimant under paragraph 164 (1)(b) in respect of a Tribunal’s decision that is rescinded; and (c) if the amount paid by the Regulator under paragraph 164 (1)(b) in respect of a Tribunal’s decision that is amended under subsection 169 (1) is more than the amount of compensation and costs indicated in the notice referred to in subsection 169 (2), the amount that is equal to the difference between those amounts.
Canadian Energy Regulator Act — C-15.1 167
Report 167 Within 90 days after the day on which a Tribunal is established, and every 90 days after that, the Regulator must submit to the Minister and the Minister of Finance a report with respect to the amount of compensation and costs awarded by the Tribunal and the amount that the Regulator has paid under subsections 164 (1) and (3).
Canadian Energy Regulator Act — C-15.1 168
Reconsideration 168 (1) A Tribunal may, on its own motion or on the application of a claimant, reconsider its decision with respect to a claim for compensation and may either confirm the decision or amend or rescind the decision if the Chairperson considers that because of extraordinary factors a reconsideration of the decision outweighs the public interest in the finality of decisions of the Tribunal. Notice (2) The Chairperson must notify the applicant, the designated company and the Regulator that the Tribunal will reconsider its decision.
Canadian Energy Regulator Act — C-15.1 169
Determining compensation 169 (1) If, on reconsideration, a Tribunal decides to amend its decision, it must decide whether to award the claimant compensation for the compensable damage that is referred to in their claim for compensation. If it decides to award compensation, it must, having regard to any other amount of compensation that the applicant has been paid for that damage, determine the amount of compensation in accordance with the regulations and, if it is authorized by the regulations to award costs with respect to a claimant’s claim for compensation or the reconsideration of that claim and it decides to do so, it must determine the amount of those costs. Notice — decision (2) The Tribunal must advise the applicant, the designated company and the Regulator, by notice, of its decision with respect to the application for reconsideration. Content of notice (3) If the decision is amended, the notice must indicate (a) the amount of any compensation or costs determined under subsection (1); (b) any reduction in the amount of compensation provided for by the regulations; and (c) any amounts that have already been paid with respect to the claim in accordance with this Act.
Canadian Energy Regulator Act — C-15.1 170
Grounds 170 Subject to section 168 , every decision of a Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Canadian Energy Regulator Act — C-15.1 171
Amount paid out of Fund 171 (1) There may be paid out of the Consolidated Revenue Fund, from time to time, any amount established by the Minister of Finance, on the Minister’s recommendation, (a) to pay the costs and expenses incurred in taking any actions or measures referred to in subsection 141 (2); (b) to reimburse the costs and expenses referred to in subsection 141 (5); (c) to pay the costs of publishing the notice referred to in section 145 ; (d) to pay the remuneration and expenses of a Tribunal’s members; (e) to pay the remuneration of a Tribunal’s staff; (f) to pay the remuneration and expenses of the counsel or notaries and other persons referred to in section 151 ; (g) to pay the costs of providing a Tribunal with any of the assistance, facilities or supplies referred to in section 153 ; (h) to pay the amounts that the Regulator must pay under subsection 164 (1); and (i) to pay the fees and travel expenses referred to in subsection 164 (3). Amount appropriated for compensation (2) The Minister of Finance may, by order, after consultation with the Minister, establish the portion of the amount paid out under subsection (1) that may be used solely to pay the amounts referred to in paragraph (1)(h). Publication (3) The Minister must, without delay, publish in the Canada Gazette a notice setting out the portion established by the Minister of Finance. Repayment (4) The Regulator must deposit the amounts paid out under subsection (1) to the credit of the Receiver General in accordance with the conditions established by the Minister of Finance.
Canadian Energy Regulator Act — C-15.1 172
Regulations — Tribunal 172 The Governor in Council may make regulations respecting a Tribunal, including regulations (a) prescribing the conditions of appointment of its members; (b) respecting conflicts of interest; (c) prescribing the Chairperson’s powers, duties and functions; (d) respecting the absence or incapacity of the Chairperson or another member; (e) respecting the effects of replacing a member of the Tribunal, including on (i) evidence and representations received by the Tribunal, or a panel of the Tribunal on which the member was sitting, before the replacement was appointed, and (ii) decisions made by the Tribunal or the panel before the replacement was appointed; (f) respecting the hiring and conditions of employment of the Tribunal’s staff; and (g) generally, to enable the Tribunal to exercise its powers and perform it duties and functions.
Canadian Energy Regulator Act — C-15.1 173
Regulations — compensation 173 (1) The Governor in Council may make regulations establishing the costs, losses and damages for which a Tribunal may award compensation and regulations respecting that compensation, including regulations (a) prescribing the period within which claims for compensation or applications for reconsideration must be made to the Tribunal; (b) authorizing the Tribunal to award interim compensation in respect of a claim for compensation; (c) authorizing the Tribunal to award fees and travel expenses and costs with respect to claims for compensation and the reconsideration of those claims, as well as providing to whom the fees and travel expenses and costs may be awarded; (d) establishing an order of priority among classes of compensable damage for the purpose of awarding compensation; (e) providing for the reduction of the amount that the Regulator pays under subsection 164 (1) and the criteria for such a reduction, including in respect of a class of compensable damage; (f) fixing a maximum amount of compensation that may be awarded to a claimant, including in respect of a class of compensable damage; (g) prescribing the period for the purposes of subsection 164 (1); (h) providing that a payment of any amount that the Regulator pays under subsection 164 (1) be postponed; (i) providing for the payment of any amount that the Regulator pays under subsection 164 (1) in a lump sum or in payments of equal or different amounts over a period of time; (j) providing for interest with respect to a claim for compensation or an application for reconsideration, as well as the period during which interest accrues; and (k) generally, for carrying out the purposes of this section and sections 143 to 172 . Exception (2) A regulation made under subsection (1) is not to provide that the loss of non-use value in relation to damages to the environment caused by the release is a loss for which the Tribunal may award compensation.
Canadian Energy Regulator Act — C-15.1 174
Sentencing principles 174 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code , the court must consider the following principles when sentencing a person who is found guilty of an offence under this Act in relation to an actual or potential unintended or uncontrolled release of oil, gas or any other commodity from a pipeline: (a) the amount of the fine should be increased to account for each aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. Aggravating factors (2) The aggravating factors the court must consider are the following: (a) the offence caused harm or risk of harm to human health or safety; (b) the offence caused damage or risk of damage to the environment or environmental quality; (c) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment; (d) the damage or harm caused by the offence is extensive, persistent or irreparable; (e) the offender committed the offence intentionally or recklessly; (f) by committing the offence or failing to take action to prevent its commission, the offender increased or intended to increase their revenue or decreased or intended to decrease their costs; (g) the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and (h) after the commission of the offence, the offender (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences. Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. Meaning of damage (4) For the purposes of paragraphs (2)(b) to (d), damage includes loss of use value and non-use value. Reasons (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court must give reasons for that decision.
Canadian Energy Regulator Act — C-15.1 175
an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Regulator may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender. Debt due to Her Majesty (4) If the Regulator incurs publication costs under subsection (3), the costs constitute a debt 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-15.1 176
Variation of sanctions 176 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 175 , the court may, on application by the offender or the Regulator, require the offender to appear before it and, after hearing the offender and the Regulator, may vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances since the order was made: (a) by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period that is not more than one year; or (b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period, of compliance with any condition that is specified in the order. Notice (2) Before varying the order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.
Canadian Energy Regulator Act — C-15.1 177
Subsequent applications with leave 177 If an application made under subsection 176 (1) in relation to an offender has been heard by a court, no other application is to be made under section 176 in relation to the offender except with leave of the court.
Canadian Energy Regulator Act — C-15.1 178
Recovery of fines and amounts 178 If a person is found guilty of an offence under this Act and a fine that is imposed is not paid when required, or if a court orders an offender to pay an amount under subsection 175 (1) or 176 (1) and the amount is not paid, the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in any court of competent jurisdiction in Canada, and the judgment is enforceable against the person in the same manner as if it were a judgment against them in that court in civil proceedings.
Canadian Energy Regulator Act — C-15.1 179
Companies only 179 (1) A person, other than a company, must not construct, operate or abandon a pipeline. Exception (2) Nothing in this section is to be construed to prohibit or prevent any person from operating or improving a pipeline constructed before October 1, 1953, but every pipeline constructed before that date must be operated in accordance with this Act.
Canadian Energy Regulator Act — C-15.1 180
Operation of pipeline 180 (1) A company must not operate a pipeline unless (a) a certificate is in force with respect to that pipeline; and (b) the company has been granted leave under this Part to open the pipeline. Compliance with conditions (2) A company must not operate a pipeline other than in accordance with the conditions of the certificate or orders issued with respect to that pipeline.
Canadian Energy Regulator Act — C-15.1 181
Limitations 181 (1) A company must not, unless the Commission has, by order, granted it leave to do so, (a) sell or otherwise transfer, or lease, in whole or in part, its pipeline or its abandoned pipeline to any person; (b) purchase or otherwise acquire, or lease, in whole or in part, any pipeline or abandoned pipeline from any person; or (c) if it is authorized to construct or operate a pipeline or if it owns an abandoned pipeline, amalgamate with any other company. Definition of pipeline (2) For the purposes of paragraph (1)(b), pipeline includes a pipeline as defined in section 2 or any other pipeline.
Canadian Energy Regulator Act — C-15.1 182
Application for certificate 182 (1) A company that submits to the Regulator an application for a certificate in respect of a pipeline must file a map with it that includes any details that the Commission may require and shows the general location of the pipeline and any plans, specifications and other information that the Commission may require. Notice to provincial attorneys general (2) The company must file a copy of the application and map with the attorney general of each province to which the application relates, and the Commission must require that notice of the application be given by publication in newspapers or otherwise.
Canadian Energy Regulator Act — C-15.1 183
ad Commissioner to (a) specify under subsection (4) a time limit that is the same as the one specified by the Minister in the order; (b) give an instruction under section 41 , or take any measure under subsection 42 (1), that is set out in the order; or (c) give an instruction under section 41 that addresses a matter set out in the order. Order binding (9) Orders made under subsection (6) are binding on the Commission and those made under subsection (8) are binding on the Lead Commissioner. Publication (10) Each order made under subsection (8) must be published in the Canada Gazette within 15 days after the day on which it is made. Report is final and conclusive (11) Subject to sections 184 and 186 , the report is final and conclusive.
Canadian Energy Regulator Act — C-15.1 184
Order to reconsider 184 (1) After the Commission has submitted its report under section 183 , the Governor in Council may, by order, refer the recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration. Factors and time limit (2) The order may direct the Commission to conduct the reconsideration taking into account any factor specified in the order and it may specify a time limit within which the Commission must complete its reconsideration. Order binding (3) The order is binding on the Commission. Publication (4) The order must be published in the Canada Gazette within 15 days after the day on which it is made. Obligation of Commission (5) The Commission must, within the time limit specified in the order, if one was specified, (a) reconsider its recommendation or any condition referred back to it, as the case may be; (b) prepare and submit to the Minister a report on its reconsideration; and (c) make the report public. Contents of report (6) In the reconsideration report, the Commission must (a) if its recommendation was referred back, either confirm the recommendation or set out a different recommendation; and (b) if a condition was referred back, confirm the condition, state that it no longer supports it or replace it with another one. Conditions (7) Regardless of what the Commission sets out in the reconsideration report, the Commission must set out in the report all the conditions, that it considers necessary or in the public interest, to which the certificate would be subject if the Governor in Council were to direct that the certificate be issued. Report is final and conclusive (8) Subject to subsection (9) and section 186 , the Commission’s reconsideration report is final and conclusive. Reconsideration of report submitted under subsection (5) (9) After the Commission has submitted its report under subsection (5), the Governor in Council may, by order, refer the Commission’s recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration. If it does so, subsections (2) to (8) apply.
Canadian Energy Regulator Act — C-15.1 185
Impact Assessment Act 185 If the application for a certificate relates to a designated project , as defined in section 2 of the Impact Assessment Act , that is subject to an impact assessment under that Act, (a) the Commission’s powers, duties and functions under section 182 , subsections 183 (1) and (2) and section 184 are to be exercised and performed by a review panel established under subsection 47(1) of that Act; (b) in subsections 183 (1) and 184 (5), a reference to the Minister is to be read as a reference to the Minister and the Minister of the Environment; (c) the report referred to in subsection 183 (1) is to be submitted within the time limit established under section 37.1 of that Act; (d) subsections 183 (3) to (10) do not apply; and (e) subsection 189 (1) applies with respect to the review panel.