Marginal note:Offence

• 28.7 (1) Every person who fails to comply with an order of the Board under section 28.4 or 28.5 is guilty of an offence and is liable

  • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or

  • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

• Marginal note:Applicable provisions

  (2) Sections 65 to 71 of the Canada Oil and Gas Operations Act apply, with such modifications as the circumstances require, in respect of an offence under subsection (1).

Marginal note:Orders not statutory instruments

28.8 For greater certainty, an order of the Board made under this Part is not a statutory instrument as defined in the Statutory Instruments Act.

Marginal note:Companies only

• 29. (1) No person, other than a company, shall construct or operate a pipeline.

• Marginal note:Exception

  (2) Nothing in this section shall be construed to prohibit or prevent any person from operating or improving a pipeline constructed before October 1, 1953, but every such pipeline shall be operated in accordance with this Act.

• Marginal note:Powers of liquidators, trustees, etc.

  (3) For the purposes of this Act,

  • (a) a liquidator, receiver or manager of the property of a company, appointed by a court of competent jurisdiction to carry on the business of the company,

  • (b) a trustee — or the holder of a power of attorney within the meaning of the Civil Code of Québec — for the holders of bonds, debentures, debenture stock or other evidence of indebtedness of the company, secured under a trust deed, an act constituting a hypothec or other instrument or act, on or against the property of the company, if the trustee or holder is authorized by the instrument or act to carry on the business of the company, and

  • (c) a person, other than a company,

    • (i) operating a pipeline constructed before October 1, 1953, or

    • (ii) constructing or operating a pipeline exempted from subsection (1) by an order of the Board made under subsection 58(1),

  is deemed to be a company.

• Marginal note:Administrator in Province of Quebec

  (3.1) In the Province of Quebec the administrator of the property of the company appointed by a court of competent jurisdiction to carry on the business of the company is also deemed to be the company.