Canada Gazette, Part I, Volume 149, Number 28: Canada Oil and Gas Operations Administrative Monetary Penalties Regulations
July 11, 2015
Statutory authority
Canada Oil and Gas Operations Act
Sponsoring departments
Department of Natural Resources and Department of Indian Affairs and Northern Development
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the regulations.)
Issues
Administrative monetary penalties (AMPs) provide the regulatory boards (the National Energy Board [NEB], the Canada-Newfoundland and Labrador Offshore Petroleum Board, and the Canada-Nova Scotia Offshore Petroleum Board; collectively “the Boards”) with an additional enforcement tool as part of their broader enforcement regime. AMPs are designed to promote compliance with legislative and regulatory requirements in a more cost-effective, efficient manner, when harsher enforcement tools, such as revoking work authorizations or opting for court prosecution, are not appropriate. The availability of this tool would act to strengthen the existing enforcement regime and would bring it into alignment with tools already available to NEB compliance officers in the onshore oil and gas sector.
Background
In 2009 and 2010, two large-scale oil spills from offshore oil and gas operations occurred: the Montara wellhead platform blowout off the northwest coast of Australia, and the Macondo field Deepwater Horizon oil rig blowout in the Gulf of Mexico. These incidents highlighted the safety and environmental risks inherent in offshore oil and gas activity, and the corresponding need for strong and transparent legal frameworks and corresponding regulatory regimes with stringent planning, prevention, and preparedness requirements.
As part of the response to these incidents, Part 1 of the Energy Safety and Security Act (the Act), which received royal assent on February 26, 2015, but is not yet in force, strengthens safety and environmental protection in Canada's offshore oil and gas sector, by modernizing the liability and compensation regimes and updating incident preparedness and response requirements. It also amended the Accord Acts (the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act) and the Canada Oil and Gas Operations Act (COGOA) to provide the Boards with the authority to issue AMPs to operators in the offshore and northern onshore for enforcement purposes.
AMPs are fines or penalties that can be imposed by a board on an individual or a company for incidences of non-compliance with legislation, regulations, permits, licences, certificate conditions, or board decisions or orders. AMPs are intended to be a remedial compliance measure (regulatory), as opposed to a punitive measure (criminal).
Currently, the Boards have a number of other tools at their disposal with respect to enforcement. For example, they can increase inspection activities, issue compliance orders pertaining to offences requiring remedial actions, or completely stop work by revoking work authorizations. If an incidence of non-compliance is grave enough, the applicable Board can initiate federal or provincial prosecution. Following the coming into force of the Act and the proposed AMPs regulations, the Boards will have another enforcement tool available to them, namely the ability to issue AMPs.
The Act prescribes many components of the AMPs regime, including
- to whom liability for an AMP is to be attributed (e.g. an individual or a company, or an individual within a company, depending on who committed or authorized the action or lack thereof that resulted in a violation);
- what constitutes proof of a violation;
- the maximum daily penalties for individuals and for companies ($25,000 and $100,000 respectively), and that for each day an infraction is committed or continues, it constitutes a separate violation;
- the contents of the notice of violation;
- the defences unavailable to someone subject to an AMP (e.g. due diligence);
- the time frame (two years) within which an AMP has to be issued following the violation;
- authority for the Boards to make publicly available the nature of a violation, the individual or company who committed the violation, and the amount of the AMP issued;
- the appeal process for reviewing AMP decisions, should the person subject to an AMP seek to challenge the AMP that was issued to him or her; and
- that a violation for which an AMP was issued cannot also be the subject of a court prosecution.
The Act also amends the COGOA and the Accord Acts to provide authority for the making of regulations to support the implementation of an AMPs regime in the offshore and northern onshore.
Objectives
The objective of the proposed regulations is to implement an AMPs regime for compliance and enforcement activities in Canada's offshore and northern onshore oil and gas sector.
Description
There will be one AMPs regulation for the COGOA and one for each of the Accord Acts, i.e. three regulations total, known collectively as the AMPs Regulations. Their design is based on the existing AMPs regime prescribed under the National Energy Board Act and the Administrative Monetary Penalties Regulations (National Energy Board).
The proposed AMPs Regulations would do the following:
1. Designated provisions
Section 2 of the proposed AMPs Regulations sets out the provisions, under the Accord Acts, the COGOA, and their supporting regulations, the contravention of which will be designated as a violation for the purposes of issuing AMPs.
The regulations supporting the Accord Acts and the COGOA include the Drilling and Production Regulations, the Installations Regulations, the Geophysical Operations Regulations, and the Operations Regulations. (see footnote 1)
Examples of violations that could be subject to an AMP include failing to post a copy of the geophysical operation authorization in a conspicuous location in a vessel, platform or aircraft from which the geophysical operation is conducted (requirement under the Geophysical Operations Regulations); or failing to have a sufficient number of trained and competent individuals available to complete the authorized work or activities and to carry out any work or activity safely and without pollution (requirement under the Drilling and Production Regulations).
Section 2 also designates as a violation the contravention of a direction, requirement, decision or order made by a Board under the COGOA or the Accord Acts, as well as the contravention of a term, condition or requirement of an operating licence or authorization, or of an approval, leave or exemption granted by a Board under the COGOA or the Accord Acts.
2. Classification of violations
Section 3 of the proposed AMPs Regulations sets out the two types (i.e. A or B) of violations that will be given different baseline penalty amounts (noted below):
- Type A: includes violations of administrative and record-keeping requirements representing a low risk to safety or the environment; and
- Type B: includes all other violations (the vast majority), such as failing to follow an order issued by Board officers or violating safety or environmental requirements.
3. Determination of the penalty amount
Section 4 of the proposed AMPs Regulations prescribes the method to be used by the applicable Board when determining the penalty amount for individual violations.
A table of criteria (mitigating or aggravating factors) is prescribed and will be used by the Board to consider the circumstances of a violation, and to determine their effect on the level of gravity of the non-compliance. The Board will assign a gravity value to each of those factors (e.g. 0 to +2; −2 to +2) and add them together to determine the total gravity value.
For example, if the person derived any competitive or economic benefit from the violation, the gravity of the violation could increase by a margin of 0 to +2. If the person made reasonable efforts to mitigate or reverse the violation's effects, the gravity of the violation could decrease or increase by a margin of −2 to +2. The circumstances surrounding each violation will be different; therefore, the amount of the penalty imposed will also vary.
The type of violation (i.e. either A or B) will determine the baseline penalty amount of an AMP. The gravity values determined on the basis of the mitigating and aggravating factors would then increase or decrease the amount of the fine in the AMP above or below the baseline penalty. Consistent with the National Energy Board Act AMPs framework, Type A violations have baseline penalty amounts of $1,365 for an individual and $5,025 for any other person (i.e. companies). Type B violations have baseline penalty amounts of $10,000 for an individual and $40,000 for any other person.
Once in force, the Accord Acts and the COGOA (as amended by the Act), would stipulate that a violation that is committed or continues on more than one day would constitute a separate violation for each day on which it is committed or continued. The Board makes the determination as to whether, when, and for how long a violation is committed or continues, when issuing AMPs. Per the legislative frameworks, the daily maximum AMP that can be imposed on individuals is $25,000, and on companies is $100,000.
4. Service of documents
AMPs will be issued in the form of a Notice of Violation. Once the Board decides to issue a Notice of Violation, it will be served on the violator.
Section 5 of the proposed AMPs Regulations requires that a Notice of Violation and any other documents be served in person, through registered mail, by courier, by fax or by electronic means, as appropriate. “Electronic means” is purposefully not defined, and is meant to provide built-in flexibility for continued technological advancements. Currently, “electronic means” predominantly means email, but in the future, there may be other appropriate electronic means of serving notices of violation that emerge.
“One-for-One” Rule
The “One-for-One” Rule does not apply to the proposed AMPs Regulations, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to the proposed AMPs Regulations, as they do not impact small businesses.
Consultation
A Steering Committee and a Technical Working Group were convened by the Department of Natural Resources (NRCan) in January 2014, with membership from the Department of Indian Affairs and Northern Development (DIAND), the two provincial governments, and the three regulatory boards. The Steering Committee, which provides direction and oversight to the Technical Working Group and approves the work drafted by the Technical Working Group, met three times in 2014 (every four months), and monthly to date in 2015. The Technical Working Group meets as needed: multiple times between each of the Steering Committee meetings in 2014, and at least once between each of the Steering Committee meetings in 2015. This committee and this group have collaboratively informed the development of the proposed AMPs Regulations. Further consultations are planned with industry stakeholders, Aboriginal groups, and the territorial governments on the proposed AMPs Regulations in April and May of 2015.
Rationale
AMPs, as an enforcement tool, are considered a viable alternative to court prosecution, given that they can be more costeffective, and that penalties can be issued within a short time frame. In turn, instances of non-compliance can be dealt with in a timely manner, thereby promoting compliance and safe and responsible oil and gas development in offshore areas.
There are no costs associated with the implementation of the proposed AMPs Regulations. The Boards would carry out their compliance, enforcement, and inspection activities as per usual, with AMPs as an additional enforcement tool available to them.
Furthermore, without the proposed AMPs Regulations, the AMPs regime established by the Act cannot become operational.
Contact
Daniel Morin
Policy Advisor
Offshore Petroleum Management Division
Natural Resources Canada
580 Booth Street
Ottawa, Ontario
K1A 0E4
Telephone: 613-992-4217
Email: Daniel.Morin@NRCan-RNCan.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council, pursuant to section 71.01 (see footnote a) of the Canada Oil and Gas Operations Act (see footnote b), proposes to make the annexed Canada Oil and Gas Operations Administrative Monetary Penalties Regulations.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Daniel Morin, Policy Analyst, Frontier Lands Management Division, Natural Resources Canada, 580 Booth Street, Ottawa, ON K1A 0E4 (tel.: 613-992-4217; email: daniel.morin@nrcan-rncan.gc.ca).
Ottawa, June 18, 2015
JURICA ČAPKUN
Assistant Clerk of the Privy Council
CANADA OIL AND GAS OPERATIONS ADMINISTRATIVE MONETARY PENALTIES REGULATIONS
INTERPRETATION
Definition of “Act”
1. In these Regulations, “Act” means the Canada Oil and Gas Operations Act.
DESIGNATED PROVISIONS
Provisions of Act and regulations
2. (1) The contravention of a provision of the Act or of any regulations made under the Act that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 71.01 to 72.02 of the Act.
Directions, requirements, decisions and orders
(2) The contravention of a direction, requirement, decision or order made under the Act is designated as a violation that may be proceeded with in accordance with sections 71.01 to 72.02 of the Act.
Terms, conditions and requirements
(3) The contravention of a term, condition or requirement of an operating licence or authorization, or of an approval, leave or exemption granted, under the Act is designated as a violation that may be proceeded with in accordance with sections 71.01 to 72.02 of the Act.
CLASSIFICATION
Provisions
3. (1) The contravention of a provision that is set out in column 1 of Schedule 1 is classified as a Type A or Type B violation as set out in column 2 of that Schedule.
Directions, requirements, decisions, orders, terms and conditions
(2) The contravention of a direction, requirement, decision or order referred to in subsection 2(2) or of a term, condition or requirement referred to in subsection 2(3) is a Type B violation.
PENALTIES
Penalty
4. (1) The penalty for a violation with a total gravity value set out in column 1 of Schedule 2 is, in the case of a Type A violation that is committed by an individual or a person other than an individual, the corresponding applicable amount set out in column 2 and, in the case of a Type B violation that is committed by an individual or a person other than an individual, the corresponding applicable amount set out in column 3.
Determination of total gravity value
(2) The total gravity value in respect of a violation is to be established by
- (a) considering each of the criteria in column 1 of the table to this section;
- (b) ascribing to each criterion an appropriate gravity value as set out in column 2, having regard to the circumstances of the violation (with a lower gravity value representing a lower level of gravity and a higher gravity value representing a higher level of gravity); and
- (c) adding the values obtained.
| Item | Column 1 Criteria |
Column 2 Gravity Value |
|---|---|---|
| 1. | Whether the person who committed the violation was finally found or considered to have committed a previous violation set out in a notice of violation issued by the National Energy Board, the Canada–Newfoundland and Labrador Offshore Petroleum Board or the Canada-Nova Scotia Offshore Petroleum Board | 0 to +2 |
| 2. | Whether the person derived any competitive or economic benefit from the violation | 0 to +2 |
| 3. | Whether the person made reasonable efforts to mitigate or reverse the violation's effects | -2 to +2 |
| 4. | Whether there was negligence on the person's part | 0 to +2 |
| 5. | Whether the person provided all reasonable assistance to the National Energy Board with respect to the violation | -2 to +2 |
| 6. | Whether the person, after becoming aware of the violation, promptly reported it to the National Energy Board | -2 to +2 |
| 7. | Whether the person has taken any steps to prevent a recurrence of the violation | -2 to +2 |
| 8. | For Type B violations, whether the violation was primarily related to a reporting or record-keeping requirement | -2 to 0 |
| 9. | Whether the violation increased a risk of harm to people or the environment or a risk of waste | 0 to +3 |
SERVICE OF DOCUMENTS
Manner of service
5. (1) The service of a document that is required or authorized under section 71.06 or 71.5 of the Act is to be made
- (a) in the case of an individual, by
- (i) leaving a copy of it with the individual,
- (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual's last known address or usual place of residence, or
- (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual's last known address or usual place of residence; and
- (b) in the case of a person other than an individual, by
- (i) leaving a copy of it at the person's head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business,
- (ii) sending a copy of it by registered mail, courier or fax to the person's head office or place of business, or
- (iii) sending a copy of it by electronic means other than by fax to an officer or other individual referred to in subparagraph (i).
Deemed service
(2) A document that is not personally served is considered to be served
- (a) in the case of a copy that is left with a person referred to in subparagraph (1)(a)(ii), on the day on which it is left with that person;
- (b) in the case of a copy that is sent by registered mail or courier, on the 10th day after the date indicated in the receipt issued by the postal or courier service; and
- (c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted.
COMING INTO FORCE
S.C. 2015, c. 4
6. These Regulations come into force on the day on which section 27 of the Energy Safety and Security Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
SCHEDULE 1
(Subsections 2(1) and 3(1))
VIOLATIONS
PART 1
| Item | Column 1 Provision |
Column 2 Classification |
|---|---|---|
| 1. | 4 | Type B |
| 2. | 4.01(1)(a) | Type B |
| 3. | 4.01(1)(b) | Type B |
| 4. | 4.01(1)(c) | Type B |
| 5. | 4.01(1)(d) | Type B |
| 6. | 5.011 | Type B |
| 7. | 5.11(3) | Type B |
| 8. | 5.12(2) | Type B |
| 9. | 5.12(5) | Type B |
| 10. | 5.37(1) | Type B |
| 11. | 5.37(2) | Type B |
| 12. | 17(4) | Type B |
| 13. | 25(1) | Type B |
| 14. | 25(2) | Type B |
| 15. | 25(3) | Type B |
| 16. | 26.1(4) | Type B |
| 17. | 26.1(5) | Type B |
| 18. | 27(1.1) | Type B |
| 19. | 27(1.2) | Type B |
| 20. | 27(3) | Type B |
| 21. | 27(5) | Type B |
| 22. | 36(1) | Type B |
| 23. | 37(1) | Type B |
| 24. | 46 | Type B |
| 25. | 56 | Type B |
| 26. | 58(6) | Type B |
| 27. | 58.2(1) | Type B |
| 28. | 60(1)(b) | Type B |
PART 2
| Item | Column 1 Provision |
Column 2 Classification |
|---|---|---|
| 1. | 4 | Type B |
| 2. | 5 | Type B |
| 3. | 6 | Type B |
PART 3
| Item | Column 1 Provision |
Column 2 Classification |
|---|---|---|
| 1. | 6 | Type B |
| 2. | 7 | Type A |
| 3. | 8 | Type B |
| 4. | 9 | Type B |
| 5. | 10(a) | Type B |
| 6. | 10(b) | Type B |
| 7. | 10(c) | Type B |
| 8. | 11(a) | Type B |
| 9. | 11(b) | Type B |
| 10. | 11(c) | Type B |
| 11. | 11(d) | Type B |
| 12. | 11(e) | Type B |
| 13. | 11(f) | Type B |
| 14. | 12(1) | Type B |
| 15. | 12(2)(a) | Type B |
| 16. | 12(2)(b) | Type B |
| 17. | 12(2)(c) | Type B |
| 18. | 12(2)(d) | Type B |
| 19. | 12(2)(e) | Type B |
| 20. | 12(2)(f) | Type B |
| 21. | 12(3) | Type B |
| 22. | 12(4) | Type B |
| 23. | 13(a) | Type B |
| 24. | 13(b) | Type B |
| 25. | 13(c) | Type B |
| 26. | 13(d) | Type B |
| 27. | 13(e) | Type B |
| 28. | 13(f) | Type B |
| 29. | 13(g) | Type B |
| 30. | 14(a) | Type B |
| 31. | 14(b) | Type B |
| 32. | 14(c) | Type B |
| 33. | 15(a) | Type B |
| 34. | 15(b) | Type B |
| 35. | 16(a) | Type B |
| 36. | 16(b) | Type B |
| 37. | 16(c) | Type B |
| 38. | 17(1)(a) | Type B |
| 39. | 17(1)(b) | Type B |
| 40. | 17(1)(c) | Type B |
| 41. | 17(1)(d) | Type B |
| 42. | 17(2) | Type B |
| 43. | 17(3)(a) | Type B |
| 44. | 17(3)(b) | Type B |
| 45. | 18(1)(a) | Type B |
| 46. | 18(1)(b) | Type B |
| 47. | 18(1)(c) | Type B |
| 48. | 18(1)(d) | Type B |
| 49. | 18(1)(e) | Type B |
| 50. | 18(2) | Type B |
| 51. | 19(1)(a) | Type B |
| 52. | 19(1)(b) | Type B |
| 53. | 19(2)(a) | Type B |
| 54. | 19(2)(b) | Type B |
| 55. | 19(2)(c) | Type B |
| 56. | 19(3) | Type B |
| 57. | 20(1)(a) | Type B |
| 58. | 20(1)(b) | Type B |
| 59. | 20(1)(c) | Type B |
| 60. | 20(1)(d) | Type B |
| 61. | 20(1)(e) | Type B |
| 62. | 20(1)(f) | Type B |
| 63. | 20(2)(a) | Type B |
| 64. | 20(2)(b) | Type B |
| 65. | 20(2)(c) | Type B |
| 66. | 20(3)(a) | Type B |
| 67. | 20(3)(b) | Type B |
| 68. | 20(3)(c) | Type B |
| 69. | 20(3)(d) | Type B |
| 70. | 20(4) | Type B |
| 71. | 21 | Type B |
| 72. | 22(a) | Type B |
| 73. | 22(b) | Type B |
| 74. | 22(c) | Type B |
| 75. | 22(d) | Type B |
| 76. | 22(e) | Type B |
| 77. | 22(f) | Type B |
| 78. | 22(g) | Type B |
| 79. | 22(h) | Type B |
| 80. | 22(i) | Type B |
| 81. | 22(j) | Type B |
| 82. | 22(k) | Type B |
| 83. | 22(l) | Type B |
| 84. | 22(m) | Type B |
| 85. | 22(n) | Type B |
| 86. | 23(1)(a) | Type B |
| 87. | 23(1)(b) | Type B |
| 88. | 23(1)(c) | Type B |
| 89. | 23(2) | Type B |
| 90. | 23(3) | Type B |
| 91. | 24(1)(a) | Type B |
| 92. | 24(1)(b) | Type B |
| 93. | 24(2) | Type B |
| 94. | 24(3) | Type B |
| 95. | 25(1)(a) | Type B |
| 96. | 25(1)(b) | Type B |
| 97. | 25(1)(c) | Type B |
| 98. | 25(1)(d) | Type B |
| 99. | 25(2)(a) | Type B |
| 100. | 25(2)(b) | Type B |
| 101. | 25(3) | Type B |
| 102. | 26(a) | Type B |
| 103. | 26(b) | Type B |
| 104. | 27(1) | Type B |
| 105. | 28(a) | Type B |
| 106. | 28(b) | Type B |
| 107. | 29 | Type B |
| 108. | 30(a) | Type B |
| 109. | 30(b) | Type B |
| 110. | 30(c) | Type B |
| 111. | 30(d) | Type B |
| 112. | 31 | Type B |
| 113. | 32(a) | Type B |
| 114. | 32(b) | Type B |
| 115. | 33(1) | Type B |
| 116. | 33(2) | Type B |
| 117. | 34(1) | Type B |
| 118. | 35(1)(a) | Type B |
| 119. | 35(1)(b) | Type B |
| 120. | 35(1)(c) | Type B |
| 121. | 35(2)(a) | Type B |
| 122. | 35(2)(b) | Type B |
| 123. | 35(4) | Type B |
| 124. | 36 | Type A |
| 125. | 37 | Type A |
| 126. | 38(1) | Type A |
| 127. | 38(2) | Type A |
| 128. | 38(4) | Type A |
| 129. | 38(5) | Type A |
| 130. | 38(6) | Type A |
| 131. | 38(7) | Type A |
| 132. | 38(8) | Type B |
| 133. | 38(9) | Type A |
| 134. | 39(1)(a) | Type A |
| 135. | 39(1)(b) | Type A |
| 136. | 39(1)(c) | Type A |
| 137. | 39(1)(d) | Type A |
| 138. | 39(1)(e) | Type A |
| 139. | 39(1)(f) | Type A |
| 140. | 39(2) | Type B |
| 141. | 39(4) | Type B |
| 142. | 39(7) | Type B |
| 143. | 40 | Type B |
PART 4
| Item | Column 1 Provision |
Column 2 Classification |
|---|---|---|
| 1. | 3(a) | Type B |
| 2. | 3(b) | Type B |
| 3. | 3(c) | Type B |
| 4. | 4(1) | Type B |
| 5. | 5(1) | Type B |
| 6. | 6 | Type B |
| 7. | 7 | Type B |
| 8. | 8(2) | Type B |
| 9. | 8(3) | Type B |
| 10. | 8(4) | Type B |
| 11. | 8(5) | Type B |
| 12. | 8(6) | Type B |
| 13. | 8(7) | Type B |
| 14. | 8(8)(a) | Type B |
| 15. | 8(8)(b) | Type B |
| 16. | 8(9) | Type B |
| 17. | 9(1) | Type B |
| 18. | 9(6) | Type B |
| 19. | 10(1) | Type B |
| 20. | 10(2) | Type B |
| 21. | 10(3) | Type B |
| 22. | 10(4) | Type B |
| 23. | 10(5) | Type B |
| 24. | 10(6) | Type B |
| 25. | 10(7) | Type B |
| 26. | 10(8) | Type B |
| 27. | 10(9) | Type B |
| 28. | 10(10) | Type B |
| 29. | 10(11) | Type B |
| 30. | 11(1) | Type B |
| 31. | 11(2) | Type B |
| 32. | 11(3) | Type B |
| 33. | 11(4) | Type B |
| 34. | 11(5) | Type B |
| 35. | 12(1) | Type B |
| 36. | 12(2) | Type B |
| 37. | 12(3) | Type B |
| 38. | 12(4) | Type B |
| 39. | 12(5) | Type B |
| 40. | 12(6) | Type B |
| 41. | 12(7) | Type B |
| 42. | 12(8) | Type B |
| 43. | 13(1) | Type B |
| 44. | 13(2) | Type B |
| 45. | 13(3) | Type B |
| 46. | 13(4) | Type B |
| 47. | 13(5) | Type B |
| 48. | 13(6) | Type B |
| 49. | 13(7) | Type B |
| 50. | 13(8) | Type B |
| 51. | 13(9) | Type B |
| 52. | 13(10) | Type B |
| 53. | 13(11) | Type B |
| 54. | 13(12) | Type B |
| 55. | 13(13) | Type B |
| 56. | 13(14) | Type B |
| 57. | 14(1)(a) | Type B |
| 58. | 14(1)(b) | Type B |
| 59. | 14(1)(c) | Type B |
| 60. | 14(1)(d) | Type B |
| 61. | 14(1)(e) | Type B |
| 62. | 14(1)(f) | Type B |
| 63. | 14(1)(g) | Type B |
| 64. | 14(2) | Type B |
| 65. | 14(3) | Type B |
| 66. | 14(4) | Type B |
| 67. | 15(1) | Type B |
| 68. | 15(2) | Type B |
| 69. | 16 | Type B |
| 70. | 17(2) | Type B |
| 71. | 17(3) | Type B |
| 72. | 17(4) | Type B |
| 73. | 17(9) | Type B |
| 74. | 18(1) | Type B |
| 75. | 18(2) | Type B |
| 76. | 18(4) | Type B |
| 77. | 18(8) | Type B |
| 78. | 18(9) | Type B |
| 79. | 18(10) | Type B |
| 80. | 18(11) | Type B |
| 81. | 18(12) | Type B |
| 82. | 18(13) | Type B |
| 83. | 19(1)(a) | Type B |
| 84. | 19(1)(b) | Type B |
| 85. | 19(2)(a) | Type B |
| 86. | 19(2)(b) | Type B |
| 87. | 19(2)(c) | Type B |
| 88. | 19(2)(d) | Type B |
| 89. | 19(2)(e) | Type B |
| 90. | 19(2)(f) | Type B |
| 91. | 19(2)(g) | Type B |
| 92. | 19(2)(h) | Type B |
| 93. | 19(2)(i) | Type B |
| 94. | 19(2)(j) | Type B |
| 95. | 19(2)(k) | Type B |
| 96. | 21 | Type B |
| 97. | 22(1)(a) | Type B |
| 98. | 22(1)(b) | Type B |
| 99. | 22(1)(c) | Type B |
| 100. | 22(1)(d) | Type B |
| 101. | 22(1)(e) | Type B |
| 102. | 22(1)(f) | Type B |
| 103. | 22(2) | Type B |
| 104. | 22(3) | Type B |
| 105. | 22(4) | Type B |
| 106. | 22(5) | Type B |
| 107. | 22(6) | Type B |
| 108. | 23(2)(a) | Type B |
| 109. | 23(2)(b) | Type B |
| 110. | 23(2)(c) | Type B |
| 111. | 23(2)(d) | Type B |
| 112. | 23(2)(e) | Type B |
| 113. | 23(2)(f) | Type B |
| 114. | 23(2)(g) | Type B |
| 115. | 23(2)(h) | Type B |
| 116. | 23(2)(i) | Type B |
| 117. | 23(2)(j) | Type B |
| 118. | 23(2)(k) | Type B |
| 119. | 23(2)(l) | Type B |
| 120. | 23(2)(m) | Type B |
| 121. | 23(2)(n) | Type B |
| 122. | 23(2)(o) | Type B |
| 123. | 23(2)(p) | Type B |
| 124. | 23(2)(q) | Type B |
| 125. | 23(2)(r) | Type B |
| 126. | 23(2)(s) | Type B |
| 127. | 23(2)(t) | Type B |
| 128. | 23(2)(u) | Type B |
| 129. | 23(4) | Type B |
| 130. | 23(5) | Type B |
| 131. | 24(1) | Type B |
| 132. | 24(2) | Type B |
| 133. | 24(3) | Type B |
| 134. | 24(4) | Type B |
| 135. | 25(2) | Type B |
| 136. | 25(3) | Type B |
| 137. | 25(4) | Type B |
| 138. | 25(5) | Type B |
| 139. | 25(6) | Type B |
| 140. | 26(2) | Type B |
| 141. | 26(3) | Type B |
| 142. | 26(4) | Type B |
| 143. | 26(5) | Type B |
| 144. | 27(1) | Type B |
| 145. | 27(2) | Type B |
| 146. | 27(3) | Type B |
| 147. | 27(4) | Type B |
| 148. | 27(5) | Type B |
| 149. | 27(6) | Type B |
| 150. | 27(7) | Type B |
| 151. | 27(8) | Type B |
| 152. | 27(9) | Type B |
| 153. | 27(10) | Type B |
| 154. | 27(11) | Type B |
| 155. | 28(1) | Type B |
| 156. | 28(2) | Type B |
| 157. | 28(3) | Type B |
| 158. | 28(4) | Type B |
| 159. | 28(5) | Type B |
| 160. | 28(6) | Type B |
| 161. | 28(7) | Type B |
| 162. | 28(8) | Type B |
| 163. | 28(9) | Type B |
| 164. | 28(10) | Type B |
| 165. | 28(11) | Type B |
| 166. | 29(1) | Type B |
| 167. | 29(2) | Type B |
| 168. | 29(3) | Type B |
| 169. | 29(4) | Type B |
| 170. | 29(5) | Type B |
| 171. | 29(6) | Type B |
| 172. | 29(7) | Type B |
| 173. | 29(8) | Type B |
| 174. | 29(9) | Type B |
| 175. | 30(1) | Type B |
| 176. | 30(2) | Type B |
| 177. | 30(3) | Type B |
| 178. | 30(4) | Type B |
| 179. | 31(1) | Type B |
| 180. | 31(2) | Type B |
| 181. | 31(3) | Type B |
| 182. | 31(4) | Type B |
| 183. | 31(5) | Type B |
| 184. | 31(6) | Type B |
| 185. | 31(7) | Type B |
| 186. | 32(1) | Type B |
| 187. | 32(2) | Type B |
| 188. | 32(3) | Type B |
| 189. | 32(4) | Type B |
| 190. | 32(5) | Type B |
| 191. | 33(2)(c) | Type B |
| 192. | 34(1) | Type B |
| 193. | 34(2) | Type B |
| 194. | 34(3) | Type B |
| 195. | 35(1) | Type B |
| 196. | 35(2) | Type B |
| 197. | 35(3) | Type B |
| 198. | 35(4) | Type B |
| 199. | 35(5) | Type B |
| 200. | 36(1) | Type B |
| 201. | 36(2) | Type B |
| 202. | 36(3) | Type B |
| 203. | 36(4) | Type B |
| 204. | 36(5) | Type B |
| 205. | 36(6) | Type B |
| 206. | 36(7) | Type B |
| 207. | 44(8) | Type B |
| 208. | 49(3) | Type B |
| 209. | 50(1) | Type B |
| 210. | 50(2) | Type B |
| 211. | 50(3) | Type B |
| 212. | 50(4) | Type B |
| 213. | 50(5) | Type B |
| 214. | 50(6) | Type B |
| 215. | 52 | Type B |
| 216. | 57(2) | Type B |
| 217. | 57(4) | Type B |
| 218. | 57(5) | Type B |
| 219. | 57(7) | Type B |
| 220. | 57(8) | Type B |
| 221. | 57(9) | Type B |
| 222. | 58(1) | Type B |
| 223. | 58(2) | Type B |
| 224. | 58(3) | Type B |
| 225. | 58(4) | Type B |
| 226. | 58(5) | Type B |
| 227. | 58(6) | Type B |
| 228. | 58(7) | Type B |
| 229. | 58(8) | Type B |
| 230. | 58(9) | Type B |
| 231. | 58(10) | Type B |
| 232. | 58(11) | Type B |
| 233. | 58(12) | Type B |
| 234. | 59(1) | Type B |
| 235. | 59(2) | Type B |
| 236. | 59(3) | Type B |
| 237. | 59(4) | Type B |
| 238. | 59(5) | Type B |
| 239. | 59(6) | Type B |
| 240. | 59(7) | Type B |
| 241. | 59(8) | Type B |
| 242. | 59(9) | Type B |
| 243. | 59(10) | Type B |
| 244. | 59(12) | Type B |
| 245. | 59(13) | Type B |
| 246. | 59(14) | Type B |
| 247. | 60(1) | Type B |
| 248. | 60(13) | Type B |
| 249. | 61(1) | Type B |
| 250. | 61(2) | Type B |
| 251. | 62(7) | Type B |
| 252. | 62(17) | Type B |
| 253. | 62(18) | Type B |
| 254. | 63(2) | Type B |
| 255. | 63(3) | Type B |
| 256. | 63(4) | Type B |
| 257. | 64(1) | Type B |
| 258. | 64(2) | Type B |
| 259. | 66 | Type B |
| 260. | 67 | Type B |
| 261. | 68(1) | Type B |
| 262. | 68(3) | Type B |
| 263. | 68(4) | Type B |
| 264. | 69 | Type B |
| 265. | 70 | Type A |
| 266. | 71(1) | Type B |
| 267. | 71(2) | Type B |
| 268. | 71(3) | Type B |
PART 5
| Item | Column 1 Provision |
Column 2 Classification |
|---|---|---|
| 1. | 10(1) | Type B |
| 2. | 17(1) | Type B |
| 3. | 17(2) | Type B |
| 4. | 18 | Type B |
| 5. | 19(a) | Type B |
| 6. | 19(b) | Type B |
| 7. | 19(c) | Type B |
| 8. | 19(d) | Type B |
| 9. | 19(e) | Type B |
| 10. | 19(f) | Type B |
| 11. | 19(g) | Type B |
| 12. | 19(h) | Type B |
| 13. | 19(i) | Type B |
| 14. | 19(j) | Type B |
| 15. | 19(k) | Type B |
| 16. | 19(l) | Type B |
| 17. | 19(m) | Type B |
| 18. | 20(1) | Type B |
| 19. | 20(2) | Type B |
| 20. | 21(1) | Type B |
| 21. | 21(2) | Type B |
| 22. | 22(a) | Type B |
| 23. | 22(b) | Type B |
| 24. | 23 | Type B |
| 25. | 24(1) | Type B |
| 26. | 24(2) | Type B |
| 27. | 25(a) | Type B |
| 28. | 25(b) | Type B |
| 29. | 25(c) | Type B |
| 30. | 26(a) | Type B |
| 31. | 26(b) | Type B |
| 32. | 27(1) | Type B |
| 33. | 27(2) | Type B |
| 34. | 28(a) | Type B |
| 35. | 28(b) | Type B |
| 36. | 29(1) | Type B |
| 37. | 29(2) | Type B |
| 38. | 30 | Type B |
| 39. | 31 | Type B |
| 40. | 32(a) | Type B |
| 41. | 32(b) | Type B |
| 42. | 33(a) | Type B |
| 43. | 33(b) | Type B |
| 44. | 33(c) | Type B |
| 45. | 34(1)(a) | Type B |
| 46. | 34(1)(b) | Type B |
| 47. | 34(1)(c) | Type B |
| 48. | 34(2) | Type B |
| 49. | 34(3) | Type B |
| 50. | 35 | Type B |
| 51. | 36(1) | Type B |
| 52. | 36(2) | Type B |
| 53. | 36(3) | Type B |
| 54. | 36(4) | Type B |
| 55. | 37 | Type B |
| 56. | 38 | Type B |
| 57. | 39 | Type B |
| 58. | 40 | Type B |
| 59. | 41 | Type B |
| 60. | 42 | Type B |
| 61. | 43 | Type B |
| 62. | 45(a) | Type B |
| 63. | 45(b) | Type B |
| 64. | 45(c) | Type B |
| 65. | 46(1)(a) | Type B |
| 66. | 46(1)(b) | Type B |
| 67. | 46(1)(c) | Type B |
| 68. | 46(1)(d) | Type B |
| 69. | 46(1)(e) | Type B |
| 70. | 46(1)(f) | Type B |
| 71. | 46(1)(g) | Type B |
| 72. | 46(1)(h) | Type B |
| 73. | 46(1)(i) | Type B |
| 74. | 46(1)(j) | Type B |
| 75. | 46(2)(a) | Type B |
| 76. | 46(2)(b) | Type B |
| 77. | 47(1) | Type B |
| 78. | 47(2) | Type B |
| 79. | 49 | Type B |
| 80. | 50(1)(a) | Type B |
| 81. | 50(1)(b) | Type B |
| 82. | 51 | Type B |
| 83. | 52(1)(a) | Type B |
| 84. | 52(1)(b) | Type B |
| 85. | 52(2) | Type B |
| 86. | 53(a) | Type B |
| 87. | 53(b) | Type B |
| 88. | 53(c) | Type B |
| 89. | 54 | Type B |
| 90. | 55 | Type B |
| 91. | 56 | Type B |
| 92. | 57 | Type B |
| 93. | 58 | Type B |
| 94. | 59 | Type B |
| 95. | 60(1) | Type B |
| 96. | 60(2) | Type B |
| 97. | 61(1) | Type B |
| 98. | 61(2) | Type B |
| 99. | 62(a) | Type B |
| 100. | 62(b) | Type B |
| 101. | 62(c) | Type B |
| 102. | 62(d) | Type B |
| 103. | 63(a) | Type B |
| 104. | 63(b) | Type A |
| 105. | 64 | Type B |
| 106. | 65(a) | Type B |
| 107. | 65(b) | Type B |
| 108. | 65(c) | Type B |
| 109. | 66(1) | Type B |
| 110. | 66(3) | Type B |
| 111. | 67 | Type B |
| 112. | 68 | Type B |
| 113. | 69 | Type B |
| 114. | 70(1) | Type B |
| 115. | 70(2) | Type B |
| 116. | 70(3) | Type B |
| 117. | 71(2) | Type B |
| 118. | 71(3) | Type B |
| 119. | 72(a) | Type B |
| 120. | 72(b) | Type B |
| 121. | 73 | Type A |
| 122. | 74(1) | Type B |
| 123. | 74(3) | Type B |
| 124. | 75(1)(a) | Type B |
| 125. | 75(2)(a) | Type B |
| 126. | 75(2)(b) | Type B |
| 127. | 76(1) | Type B |
| 128. | 76(2) | Type B |
| 129. | 77(a) | Type A |
| 130. | 77(b) | Type A |
| 131. | 77(c) | Type A |
| 132. | 77(d) | Type A |
| 133. | 77(e) | Type A |
| 134. | 78(a) | Type B |
| 135. | 78(b) | Type B |
| 136. | 79 | Type B |
| 137. | 80(a) | Type B |
| 138. | 80(b) | Type B |
| 139. | 81(a) | Type B |
| 140. | 81(b) | Type B |
| 141. | 82(2) | Type B |
| 142. | 82(3) | Type B |
| 143. | 83(a) | Type B |
| 144. | 83(b) | Type B |
| 145. | 83(c) | Type B |
| 146. | 84(1) | Type A |
| 147. | 84(2) | Type A |
| 148. | 85 | Type B |
| 149. | 86(1) | Type A |
| 150. | 86(2) | Type A |
| 151. | 87 | Type B |
| 152. | 88(1) | Type B |
| 153. | 88(2) | Type B |
| 154. | 89(1) | Type B |
| 155. | 89(2) | Type A |
| 156. | 90 | Type A |
SCHEDULE 2
(Subsection 4(1))
| Item | Column 1 Total Gravity Value |
Column 2 Type A Violation |
Column 3 Type B Violation |
||
|---|---|---|---|---|---|
| Individual | Any Other Person | Individual | Any Other Person | ||
| 1. | -3 or less | $250 | $1,000 | $1,000 | $4,000 |
| 2. | -2 | $595 | $2,375 | $4,000 | $16,000 |
| 3. | -1 | $990 | $3,750 | $7,000 | $28,000 |
| 4. | 0 | $1,365 | $5,025 | $10,000 | $40,000 |
| 5. | 1 | $1,740 | $6,300 | $13,000 | $52,000 |
| 6. | 2 | $2,115 | $7,575 | $16,000 | $64,000 |
| 7. | 3 | $2,490 | $8,850 | $19,000 | $76,000 |
| 8. | 4 | $2,865 | $10,125 | $22,000 | $88,000 |
| 9. | 5 or more | $3,000 | $12,000 | $25,000 | $100,000 |
[28-1-o]