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Monday, April 13, 2015

NEB introduces Administrative Monetary Penalties to landowners


The National Energy Board ("NEB") has issued a new publication called "Administrative Monetary Penalties: Information for Landowners".  Among the information provided by the NEB is the following:
  • How did Administrative Monetary Penalties ("AMPs") come to be?  They were created in July, 2012 as part of the Government's omnibus budget bill;
  • If an AMP is issued to a landowner, the NEB may post the landowner's name on its website;
  • If an AMP is issued to a landowner by the NEB, the landowner may ask the NEB to review its own decision (but, although it is possible for a landowner to ask the Court for a judicial review of the NEB's decision, there is no appeal available where an AMP has been issued).
Landowners are now at risk of being charged AMPs for violations of the NEB Act, including carrying out certain farming activities without pipeline company approval.  Daily penalties range from $250 to a maximum of $25,000 per violation for individuals.  Daily penalties range from $1000 to a maximum of $100,000 per violation for corporations.