Administrative Monetary Penalties Regulations (Canadian Energy Regulator)

Administrative Monetary Penalties Regulations (Canadian Energy Regulator) The National Energy Board, pursuant to section 134a of the National Energy Board Actb, makes the annexed Administrative Monetary Penalties Regulations (National Energy Board). Calgary, May 17, 2013 His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 134a of the National Energy Board Actb, approves the annexed Administrative Monetary Penalties Regulations (National Energy Board), made by the National Energy Board on May 17, 2013. S.C. 2012, c. 19, s. 98 R.S., c. N-7 Definition of Act In these Regulations, Act means the Canadian Energy Regulator Act. Provisions of the Act or regulations The contravention of a provision of the Act or any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act. Orders and decisions The contravention of any order or decision made under the Act is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act. Conditions The failure to comply with a condition of any certificate, licence, permit, authorization, leave or exemption that is granted under the Act is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act. Discrepancy In the event of a discrepancy between the short-form descriptions in Schedule 1 and the provision to which it pertains, the provision prevails. Provisions The violation of a provision that is set out in column 1 of Schedule 1 is classified as a Type A or Type B violation as set out in column 3 of that Schedule. Orders, decisions or conditions The contravention of an order or decision referred to in subsection 2(2) or the failure to comply with a condition referred to in subsection 2(3) is a Type B violation. Penalty The penalty for a violation is the amount set out in column 2 or 3 of Schedule 2 that corresponds to the type of violation, the total gravity value set out in column 1 and whether the violation was committed by an individual or a person other than an individual. Determination of final gravity level The total gravity value in respect of a violation is to be established by considering each of the criteria in column 1 of the table to this section, by ascribing to each criterion an appropriate gravity value, having regard to the circumstances of the violation, from those set out in column 2 and by adding the values obtained. Manner of service The service of a document required or authorized under subsection 120(1) or 128(2) of the Act is to be made by in the case of an individual, leaving a copy of it with the individual, leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and in the case of a person other than an individual, leaving a copy of it at the person’s head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business, sending a copy of it by registered mail, courier or fax to the person’s head office or place of business, or sending a copy of it by electronic means other than by fax to any individual referred to in subparagraph (i). Deemed service A document — other than a document that is personally served — is considered to be served in the case of a copy that is left with an adult referred to in subparagraph (1)(a)(ii), on the day on which the document is left with the adult; in the case of a copy that is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service; and in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted. S.C. 2012, c. 19 These Regulations come into force on the day on which section 98 of the Jobs, Growth and Long-term Prosperity Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. [Note: Regulations in force July 3, 2013, see SI/2013-69.] For the purposes of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.