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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)

Administrative Monetary Penalties (continued)

Marginal note:Issuance and service of notice of violation

  •  (1) If a person designated under paragraph 202.02(b) believes on reasonable grounds that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person.

  • Marginal note:Contents

    (2) The notice of violation shall

    • (a) name the person that is believed to have committed the violation;

    • (b) set out the relevant facts surrounding the violation;

    • (c) set out the amount of the penalty for the violation;

    • (d) inform the person of their right, under section 202.2, to request a review with respect to the amount of the penalty or the facts of the violation, and of the period within which that right is to be exercised;

    • (e) inform the person of the manner of paying the penalty set out in the notice; and

    • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice.

  • 2015, c. 4, s. 66
Rules about Violations

Marginal note:Certain defences not available

  •  (1) A person named in a notice of violation does not have a defence by reason that the person

    • (a) exercised due diligence to prevent the commission of the violation; or

    • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Part applies in respect of a violation to the extent that it is not inconsistent with this Part.

  • 2015, c. 4, s. 66

Marginal note:Continuing violation

 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.

  • 2015, c. 4, s. 66

Marginal note:Violation or offence

  •  (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under this Part, and proceeding with it as an offence under this Part precludes proceeding with it as a violation under this Part.

  • Marginal note: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.

  • 2015, c. 4, s. 66

Marginal note:Limitation or prescription period

 No notice of violation is to be issued more than two years after the day on which the matter giving rise to the violation occurred.

  • 2015, c. 4, s. 66
Reviews

Marginal note:Right to request review

 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 Board allows, make a request to the Board for a review of the amount of the penalty or the facts of the violation, or both.

  • 2015, c. 4, s. 66

Marginal note:Correction or cancellation of notice of violation

 At any time before a request for a review in respect of a notice of violation is received by the Board, a person designated under paragraph 202.02(b) may cancel the notice of violation or correct an error in it.

  • 2015, c. 4, s. 66

Marginal note:Review

  •  (1) On receipt of a request made under section 202.2, the Board shall conduct the review or cause the review to be conducted by a person designated under paragraph 202.02(d).

  • Marginal note:Restriction

    (2) The Board shall conduct the review if the notice of violation was issued by a person designated under paragraph 202.02(d).

  • 2015, c. 4, s. 66

Marginal note:Object of review

  •  (1) The Board or the person conducting the review shall 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.

  • Marginal note:Determination

    (2) The Board or the person conducting the review shall render a determination and the reasons for it in writing and cause the person who requested the review to be served with a copy of them.

  • Marginal note:Correction of penalty

    (3) If the Board 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 Board or the person, as the case may be, shall correct the amount of the penalty.

  • Marginal note:Responsibility

    (4) If the Board 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 notice issued under section 202.06 or as set out in the determination if the amount of the penalty was corrected under subsection (3).

  • Marginal note:Determination final

    (5) A determination made under this section is final and binding and, subject to review by the Trial Division of the Supreme Court of Newfoundland and Labrador, is not subject to appeal or to review by any court.

  • 2015, c. 4, s. 66

Marginal note:Burden of proof

 If the facts of a violation are reviewed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

  • 2015, c. 4, s. 66
Responsibility

Marginal note:Payment

 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.

  • 2015, c. 4, s. 66

Marginal note:Failure to act

 A person that neither pays the penalty imposed under this Part nor requests a review within the period referred to in section 202.2 is considered to have committed the violation and is liable to the penalty.

  • 2015, c. 4, s. 66
Recovery of Penalties

Marginal note:Debt to Her Majesty

  •  (1) A penalty constitutes a debt due to Her Majesty in right of the Province and may be recovered in the Trial Division of the Supreme Court of Newfoundland and Labrador.

  • Marginal note:Limitation period

    (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

  • 2015, c. 4, s. 66

Marginal note:Certificate

  •  (1) The Board may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 202.9(1).

  • Marginal note:Registration

    (2) Registration in the Trial Division of the Supreme Court of Newfoundland and Labrador 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.

  • 2015, c. 4, s. 66
General

Marginal note:Admissibility of documents

 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 202.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

  • 2015, c. 4, s. 66

Marginal note:Publication

 The Board may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

  • 2015, c. 4, s. 66
 
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