M-11.5 - Act respecting transparency measures in the mining, oil and gas industries

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20. The Authority may impose monetary administrative penalties on any entity subject to this Act that fails to comply with this Act or the regulations, in the cases and under the conditions set out in them.
For the purposes of the first paragraph, the Authority develops and makes public a general framework for applying such administrative penalties in connection with penal proceedings, specifying the following elements:
(1)  the purpose of the penalties, such as urging the entities subject to this Act to take rapid measures to remedy the failure and deter its repetition;
(2)  the categories of functions held by the persons designated to impose penalties;
(3)  the criteria that must guide designated persons when a failure to comply has occurred, such as the type of failure, its repetitive nature, the seriousness of the effects or potential effects, and the measures taken by the entity subject to this Act to remedy the failure;
(4)  the circumstances in which a penal proceeding is deemed to have priority; and
(5)  the other procedures connected with such a penalty, such as the fact that it must be preceded by notification of a notice of non-compliance.
The general framework must give the categories of administrative or penal sanctions as defined by the Act or the regulations.
2015, c. 23, s. 20; 2018, c. 232018, c. 23, s. 772.
20. Persons within the Authority who are designated by the Minister may impose monetary administrative penalties on any entity subject to this Act that fails to comply with this Act or the regulations, in the cases and under the conditions set out in them.
For the purposes of the first paragraph, the Minister develops and makes public a general framework for applying such administrative penalties in connection with penal proceedings, specifying the following elements:
(1)  the purpose of the penalties, such as urging the entities subject to this Act to take rapid measures to remedy the failure and deter its repetition;
(2)  the categories of functions held by the persons designated to impose penalties;
(3)  the criteria that must guide designated persons when a failure to comply has occurred, such as the type of failure, its repetitive nature, the seriousness of the effects or potential effects, and the measures taken by the entity subject to this Act to remedy the failure;
(4)  the circumstances in which a penal proceeding is deemed to have priority; and
(5)  the other procedures connected with such a penalty, such as the fact that it must be preceded by notification of a notice of non-compliance.
The general framework must give the categories of administrative or penal sanctions as defined by the Act or the regulations.
2015, c. 23, s. 20.