- (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 71.2, to request a review with respect the amount of the penalty or the facts of the violation, and of the prescribed 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 exercise their right to request a review or if they do not pay the penalty, 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. 27
Rules About Violations
Marginal note: Certain defences not available
- 71.07 (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.
- 2015, c. 4, s. 27
Marginal note: Continuing violation
71.08 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. 27
Marginal note: Violation or offence
- 71.09 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.
- 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. 27
Marginal note: Limitation or prescription period
71.1 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. 27
Reviews
Marginal note: Right to request review
71.2 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 Commission of the Canadian Energy Regulator allows, make a request to that Commission for a review of the amount of the penalty or the facts of the violation, or both.
- 2015, c. 4, s. 27
- 2019, c. 28, s. 142
Marginal note: Correction or cancellation of notice of violation
71.3 At any time before a request for a review in respect of a notice of violation is received by the Commission of the Canadian Energy Regulator, a person designated under paragraph 71.02(b) may cancel the notice of violation or correct an error in it.
- 2015, c. 4, s. 27
- 2019, c. 28, s. 142
Marginal note: Review
- 71.4 (1) On receipt of a request made under section 71.2, the Commission of the Canadian Energy Regulator shall conduct the review or cause the review to be conducted by a person designated under paragraph 71.02(d).
- Marginal note: Restriction (2) The Commission of the Canadian Energy Regulator shall conduct the review if the notice of violation was issued by a person designated under paragraph 71.02(d).
- 2015, c. 4, s. 27
- 2019, c. 28, s. 142
Marginal note: Object of review
- 71.5 (1) The Commission of the Canadian Energy Regulator 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 Commission of the Canadian Energy Regulator 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 Commission of the Canadian Energy Regulator 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 Commission or the person, as the case may be, shall correct the amount of the penalty.
- Marginal note: Responsibility (4) If the Commission of the Canadian Energy Regulator 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 71.06 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, except for judicial review under the Federal Courts Act , is not subject to appeal or to review by any court.
- Marginal note: Federal Court (6) Despite section 28 of the Federal Courts Act , the Federal Court has exclusive original jurisdiction to hear and determine an application for judicial review of a determination made under this section by the Commission of the Canadian Energy Regulator.
- 2015, c. 4, s. 27
- 2019, c. 28, s. 142
