Indian Oil and Gas Act (R.S.C., 1985, c. I-7)

Marginal note:Continuing offences

• 18 (1) When an offence under this Act is committed on more than one day or is continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

  (2) Any officer, director or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in the commission of an offence by the corporation under this Act is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Offences by employees or agents

  (3) In the prosecution of a corporation for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the corporation, whether or not the employee or agent is identified or prosecuted.

• Marginal note:Exception to defence

  (4) Subsection (3) does not apply to a corporation that establishes that it exercised due diligence to prevent the commission of the offence.

Marginal note:Time limit

• 19 (1) No prosecution for an offence under this Act may be commenced later than two years after the day on which the Minister became aware of the facts giving rise to the offence or later than 10 years after the day on which the offence was committed, whichever is earlier.

• Marginal note:Time limit — Contraventions Act

  (2) No proceedings may be commenced under the Contraventions Act in respect of an offence under this Act later than two years after the day on which the offence was committed.

Marginal note:Compensation for loss of property

• 20 (1) When a person has been convicted of an offence for the contravention of section 16 in relation to oil or gas exploration, the drilling or testing of a well or the recovery of oil or gas, the convicting court may, at the time sentence is imposed and on the application of Her Majesty in right of Canada or the first nation affected, order the offender to pay to Her Majesty in right of Canada for the benefit of the first nation an amount by way of compensation for any ensuing loss of oil or gas suffered by the first nation or any ensuing reduction in the value of first nation lands.

• Marginal note:Enforcement

  (2) If compensation is not paid within 60 days after the issuance of an order under subsection (1), the applicant may, by filing the order, enter the amount of the compensation as a judgment in the superior court of the province in which the trial was held, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender by that court in civil proceedings.

• Marginal note:Appeal rights

  (3) An order may not be filed under subsection (2) until all rights of the offender to appeal the conviction are exhausted.

Administrative Monetary Penalties

Marginal note:Regulations

• 21 (1) The Governor in Council may make regulations

  • (a) designating any provision of this Act or the regulations as a provision whose contravention is a violation that may be proceeded with under sections 22 to 28;

  • (b) prescribing for each violation a penalty not exceeding $10,000;

  • (c) respecting the service of documents authorized or required to be served under sections 22 to 28, including their manner and proof of service and the circumstances under which documents are deemed to be served;

  • (d) prescribing the manner of making representations to the Minister under section 23; and

  • (e) generally, for carrying out the purposes and provisions of this section and sections 22 to 28.

• Marginal note:Commission of violation

  (2) The contravention of any provision that is designated under paragraph (1)(a) constitutes a violation and the person who commits the violation is liable to the penalty prescribed by the regulations.

• Marginal note:Continuing violation

  (3) A violation that is continued on more than one day constitutes a separate violation for each day on which it is continued, but the cumulative penalty imposed for those violations shall not exceed $10,000.

• Marginal note:Manner of proceeding

  (4) A contravention of a provision designated under paragraph (1)(a) may be proceeded with either as a violation or as an offence, but proceeding with it in one manner precludes proceeding in the other.

Marginal note:Notice of violation

• 22 (1) When the Minister believes on reasonable grounds that a person has committed a violation, the Minister may issue a notice of violation and cause it to be served on the person.

• Marginal note:Contents of notice

  (2) A notice of violation must name the person believed to have committed the violation, identify the violation and notify the person

  • (a) of the penalty prescribed for the violation by the regulations;

  • (b) that the person may, within 30 days after the day on which the notice is served — or within any longer period specified by the regulations — pay the penalty or make representations to the Minister in respect of the violation;

  • (c) that, if the person does not pay the penalty or make representations in accordance with the regulations, the person will be deemed to have committed the violation and will be liable for the penalty; and

  • (d) that, if the person pays the penalty specified in the notice of violation, the person will be deemed to have committed the violation and proceedings in respect of it will be ended.

Marginal note:Payment of penalty

• 23 (1) A person served with a notice of violation who pays the penalty specified in the notice is deemed to have committed the violation, and proceedings in respect of the violation are ended.

• Marginal note:Representations to Minister

  (2) A person served with a notice of violation may, in accordance with the regulations, make representations to the Minister in respect of the violation within 30 days after the day on which the notice of violation is served — or within any longer period specified by the regulations — in which case the Minister shall determine on a balance of probabilities whether the person committed the violation.

• Marginal note:Notice of decision

  (3) The Minister shall issue and cause to be served on a person referred to in subsection (2) a notice of any decision made under that subsection, and the notice shall inform the person of their right, if any, to appeal the decision under section 24.

• Marginal note:Failure to make representations

  (4) A person who does not make representations in accordance with the regulations within 30 days after the day on which the notice of violation is served — or within any longer period specified by the regulations — is deemed to have committed the violation.

• Marginal note:Payment of penalty

  (5) Where the Minister determines that a person has committed a violation, or where a person is deemed by subsection (4) to have committed one, the person shall pay the penalty specified in the notice of violation.

Marginal note:Right of appeal

• 24 (1) A person who is determined by the Minister to have committed a violation may, within 30 days after the day on which the notice of that decision is served, appeal the decision to the Federal Court.

• Marginal note:Powers of Court

  (2) On an appeal, the Federal Court may confirm or set aside the decision of the Minister.

Marginal note:Debts to Her Majesty

• 25 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.

• Marginal note:Certificate of default

  (2) In case of default of payment of any part of a debt referred to in subsection (1), the Minister may issue a certificate of default attesting to the amount unpaid.

• Marginal note:Registration in Federal Court

  (3) Registration in the Federal Court of a certificate of default has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.

Marginal note:Violations not offences

26 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.

Marginal note:Evidence

27 A notice of violation purporting to be issued under subsection 22(1), a notice of decision purporting to be issued under subsection 23(3) or a certificate of default purporting to be issued under subsection 25(2) is admissible in evidence in a proceeding in respect of a violation without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Time limit

• 28 (1) No notice of violation may be issued later than two years after the day on which the Minister became aware of the facts giving rise to the violation.

• Marginal note:Certificate of Minister

  (2) A document appearing to have been issued by the Minister, certifying the day on which the Minister became aware of the facts giving rise to a violation, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it.

Report to Parliament

Marginal note:Report

28.1 At least every two years after the coming into force of the present section, the Minister shall prepare a report on the administration of this Act during the two preceding years and shall table a copy of the report in each House of Parliament within the first fifteen days that it is sitting after the completion of the report, which shall include a summary addressing the following matters:

• (a) the progress of the consultations mentioned in paragraph 6(1.1)(a) and a list of concerns raised during such consultations;

• (b) any proposed regulation to be made under subsection 6(1.1); and

• (c) any regulations made under this Act and describe any variations in the regulations from province to province.

Transitional

Marginal note:Prior amounts owing

29 If any amount is owing under this Act on the day on which this section comes into force, section 5.1 applies in respect of that amount and to any interest owing on it whether or not its recovery was previously barred by an Act of Parliament or a law of a province.