Environmental Violations Administrative Monetary Penalties Act

Marginal note:Decision

• 20 (1) After giving the person, ship or vessel that requested the review and the Minister reasonable notice orally or in writing of a hearing and allowing a reasonable opportunity in the circumstances for the person, ship or vessel and the Minister to make oral representations, the review officer or panel conducting the review shall determine whether the person, ship or vessel committed a violation.

• Marginal note:Burden

  (2) The Minister has the burden of establishing, on a balance of probabilities, that the person, ship or vessel committed the violation.

• Marginal note:Correction of penalty

  (3) If the review officer or panel determines that the penalty for the violation was not determined in accordance with the regulations, the review officer or panel shall correct the amount of the penalty.