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 Tribunal must 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 Tribunal determines that the penalty for the violation was not determined in accordance with the regulations, it must correct the amount of the penalty.