Administrative Monetary Penalties Regulations (National Energy Board)

Background

On 6 July 2012, the Jobs, Growth and Long-term Prosperity Act came into force. As part of that Act, the National Energy Board Act (NEB Act) was amended to provide the NEB with authority to establish a system of Administrative Monetary Penalties (AMPs) through regulations to promote compliance with the NEB Act.

The NEB has developed Administrative Monetary Penalties Regulations (National Energy Board) allowing the Board to impose financial penalties on companies or individuals for non-compliance with the NEB Act, regulations, decisions, permits, orders, licenses or certificate conditions intended to promote safety or environmental protection.

The new AMP sections in the NEB Act set out the maximum daily penalties for both individuals and companies. For individuals the maximum daily penalty is $25,000 for each violation, and for companies the maximum daily penalty is $100,000 per violation. The Act stipulates that each day that a violation continues is considered to be a separate violation. This means that separate penalties could be issued per infraction, per day with no maximum total financial penalty.

The AMP Regulations were published in the Canada Gazette, Part II on 3 July 2013 and are now in force. The AMP Regulations can be found here.

AMP Process Guide

In response to comments and questions submitted during the consultation conducted for the AMP Regulations regarding how AMPs will be implemented in practice, the NEB has published a guidance document describing the NEB's overall administrative monetary penalties process (AMP Process) and the key elements of the AMP process from initiating an AMP through to the review and final decision stages of the process.

In developing the guide, external stakeholders were invited to provide comments on the level of detail provided in the draft version of the guide until 21 June 2013. The NEB thanks commenters for their participation, staff have reviewed the comments and updated the AMP Process Guide.

Contact Information

Comments
Address: Administrative Monetary Penalties Regulations
National Energy Board
Suite 210, 517 Tenth Avenue SW
Calgary, Alberta
T2R 0A8
Email:  ampsap@neb-one.gc.ca
Toll free:  1-800-899-1265
Fax:  403-292-5503
Toll free fax:  1-877-288-8803
TTY (teletype):  1-800-632-1663

For media inquiries, please contact:

Darin Barter
Communications Officer
National Energy Board
E-mail: darin.barter@neb-one.gc.ca
Telephone: 403-299-3371
Telephone (toll free): 1-800-899-1265
Facsimile: 403-292-5503
Facsimile (toll free): 1-877-288-8803
TTY (Teletype): 1-800-632-1663

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