On Wednesday, August 28, 2019, the National Energy Board (NEB) became the Canada Energy Regulator (CER). For further information please visit our Implementing the Canadian Energy Regulator Act information page

Administrative Monetary Penalties

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 in force at the time) was amended to provide the Regulator with authority to establish a system of administrative monetary penalties (AMPs) through regulations to promote compliance with the Act.

On July 3, 2013, the Administrative Monetary Penalties Regulations (National Energy Board Act) came into force allowing the Regulator to impose financial penalties on companies or individuals for non-compliance with the Act, regulations, decisions, permits, orders, licenses or certificate conditions intended to promote safety or environmental protection. As a part of this, the Act was changed, requiring it to establish a system of Administrative Monetary Penalties. On February 26, 2016, changes to the Canada Oil and Gas Operations Act (COGOA) came into effect to also allow the Regulator to issue AMPs for designated violations in the Canadian North.

The AMP sections in the Acts 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 Acts 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 under the NEB Act can be found here. The AMP Regulations under COGOA can be found here.

AMP Process Guide

The AMP Process Guide describes the overall administrative monetary penalties process and the key elements of the AMP process from initiating an AMP through to the review and final decision stages of the process.

Contact Information

Comments
Address: Administrative Monetary Penalties
Canada Energy Regulator
Suite 210, 517 Tenth Avenue SW
Calgary, Alberta
T2R 0A8
Email:  ampsap@cer-rec.gc.ca
Toll free:  1-800-899-1265
Fax:  403-292-5503
Toll free fax:  1-877-288-8803

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