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Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Act current to 2019-08-28 and last amended on 2019-08-28. Previous Versions

PART IIIPetroleum Operations (continued)

DIVISION IIIAppeals and Administration (continued)

Offences and Penalties (continued)

Marginal note:Variation of sanctions

  •  (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 196, the court may, on application by the offender or the Board, require the offender to appear before it and, after hearing the offender and the Board, 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 for any period or by extending the period during which the order is to remain in force, not exceeding one year; or

    • (b) by decreasing the period during which the order is to remain in force or by relieving the offender of compliance with any condition that is specified in the order, either absolutely or partially or for any period.

  • Marginal note:Notice

    (2) Before making an 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.

  • 2015, c. 4, s. 65

Marginal note:Subsequent applications with leave

 If an application made under subsection 196.1(1) in relation to an offender has been heard by a court, no other application may be made under section 196.1 in relation to the offender except with leave of the court.

  • 2015, c. 4, s. 65

Marginal note:Recovery of fines and amounts

 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 196(1) or 196.1(1), 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 the Supreme Court of Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.

  • 2015, c. 4, s. 65

Marginal note:Continuing offences

 Where an offence under this Part is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

 [Repealed, 1992, c. 35, s. 83]

Marginal note:Time limited for summary conviction proceedings

 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

  • 1987, c. 3, s. 199
  • 2014, c. 13, s. 41

Marginal note:Evidence

 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made pursuant to this Part or the regulations and purporting to have been signed by the person authorized by this Part or the regulations to make that order or document is, in the absence of any evidence to the contrary, proof of the matters set out therein.

  • 1987, c. 3, s. 200
  • 2014, c. 13, s. 42(F)

Marginal note:Jurisdiction of judge or justice

 Any complaint or information in respect of an offence under this Part may be heard, tried or determined by a justice or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Action to enjoin not prejudiced by prosecution

  •  (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Part, the regulations or any order made pursuant to this Part or the regulations, the Board may commence and maintain an action to enjoin the committing of any contravention of this Part, the regulations or any order made pursuant to this Part or the regulations.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part.

Marginal note:Information

 In any proceedings for an offence under this Part

  • (a) an information may include more than one offence committed by the same person;

  • (b) all those offences may be tried concurrently; and

  • (c) one conviction for any or all offences so included may be made.

  • 2014, c. 13, s. 43
  • 2015, c. 4, s. 117

Administrative Monetary Penalties

Powers

Marginal note:Regulations

  •  (1) Subject to section 7, the Governor in Council may make regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Part

      • (i) the contravention of any specified provision of this Part or of any of its regulations,

      • (ii) the contravention of any direction, requirement, decision or order, or of any direction, requirement, decision or order of a specified class of directions, requirements or orders, made under this Part, or

      • (iii) the failure to comply with any term or condition of

        • (A) an operating licence or authorization, or a specified class of operating licences or authorizations, issued under this Part, or

        • (B) any approval or exemption or a specified class of approvals or exemptions, granted under this Part;

    • (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 202.06, 202.2 or 202.5, including the manner and proof of service and the circumstances under which documents are considered to be served.

  • Marginal note:Maximum

    (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.

  • 2015, c. 4, s. 66

Marginal note:Powers

 The Board may

  • (a) establish the form of notices of violation;

  • (b) designate persons or classes of persons who are authorized to issue notices of violation;

  • (c) establish, in respect of each violation, a short-form description to be used in notices of violation; and

  • (d) designate persons or classes of persons to conduct reviews under section 202.4.

  • 2015, c. 4, s. 66
Violations

Marginal note:Commission of violation

  •  (1) Every person who contravenes or fails to comply with a provision, direction, requirement, decision or order, or term or condition the contravention of which, or the failure to comply with which, is designated to be a violation by a regulation made under paragraph 202.01(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.

  • Marginal note:Purpose of penalty

    (2) The purpose of the penalty is to promote compliance with this Part and not to punish.

  • 2015, c. 4, s. 66

Marginal note:Liability of directors, officers, etc.

 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 Part.

  • 2015, c. 4, s. 66

Marginal note:Proof of violation

 In any proceedings under this Part 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, agent or mandatary is identified or proceeded against in accordance with this Part.

  • 2015, c. 4, s. 66
 
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