Information letter: Appealing a notice of violation through the representations to minister process or through federal court

On this page

• What is an administrative monetary penalty (AMP)?
• What is a NOV?
• What are my options after receiving a NOV?
• How do I dispute the NOV?
• What is IOGC’s CEO role and responsibilities once a representations to the minister form is received?
• What is a minister’s notice of decision?
• How do I appeal a minister’s notice of decision?
• How are First Nations notified when a violation occurs on their lands?
• Will I be charged interest if I do not pay the AMP by the deadline?
• How is the NOV issued? When is the NOV deemed to be received by the NOV recipient?
• Regulatory background and context
• Additional information and links

What is an administrative monetary penalty (AMP)?

• Indian Oil and Gas Canada (IOGC) will use an AMP to deter and address non-compliance.
• Schedule 6 of the Indian Oil and Gas Regulations, SOR/2019-196 (Regulations) lists the contraventions for which AMPs apply.

What is a NOV?

• IOGC issues a NOV when IOGC's Enforcement Operations Committee (EOC) decides that there has been a violation of a designated provision of the Act or Regulations.
• A NOV details the violation(s), the applicable legislation, the associated AMP(s), and who is deemed responsible for the violation(s).

What are my options after receiving a NOV?

NOV recipients have two options:

1. pay the penalty in full, or
2. make representations to the minister

Notes

• If the NOV recipient pays the penalty in full by the deadline stated in the NOV, the violation is deemed to have occurred and the proceedings related to the violation end.
• IOGC prohibits:
  • partial payment of the penalty
  • simultaneously making representations to the minister and paying the penalty in full also known as payment under protest

How do I dispute the NOV?

• If you disagree with the NOV findings, you may dispute the NOV by not paying the AMP amount and making representations to the minister.
• To make representations to the minister, complete a Representations to Minister Form and submit it to IOGC's Executive Director and Chief Executive Officer (IOGC CEO) before the deadline outlined in the NOV.

What is IOGC's CEO role and responsibilities once a representations to the minister form is received?

The IOGC CEO is IOGC's executive director who holds the minister's delegated authority related to representations to the minister. IOGC's CEO has three main roles and responsibilities during this process, including:

• reviewing information related to the EOC decision and the representations to the Minister
• making a decision
• issuing a Notice of Decision either disallowing or affirming the NOV and AMP

What is a minister's notice of decision?

• A Notice of Decision either overturns or upholds EOC's decision to issue the NOV.
  • If EOC's decision is overturned, IOGC disallows the NOV and AMP, and the violation is deemed to not have occurred.
  • If EOC's decision is upheld, IOGC affirms the NOV and AMP, and the penalty and any applicable interest is due in full immediately.

How do I appeal a minister's notice of decision?

• You can appeal the minister's decision to the Federal Court within 30 days of service of the Notice of Decision.
• The Federal Court is responsible for accepting and reviewing Notice of Decision appeals submitted and rendering a decision.

How are First Nations notified when a violation occurs on their lands?

• IOGC engages with the respective First Nation during the AMP and making representations to minister processes.

Will I be charged interest if I do not pay the AMP by the deadline?

• IOGC will assess interest under the Financial Administration Act on penalties that are not paid by the deadline date as outlined in the NOV.
• Making representations to the minister does not stop interest from accruing on unpaid amounts.

How is the NOV issued? When is the NOV deemed to be received by the NOV recipient?

• The Regulations require that a NOV and any other documents or information be served in paper or electronic form or published on the website of Petrinex.
• A NOV sent by registered mail or courier is deemed to have been received by the recipient 4 days after the date on which it was sent.
• Section 2 of the Regulations provides additional details on service of documents.

Regulatory background and context

• Section 22 of the Act provides additional details on NOVs.
• The EOC decides to proceed with an NOV only after all information submitted by the IOGC Business Units is presented, examined, and discussed.
• The Chair of the EOC is the Manager of the Compliance and Enforcement Unit.
• Section 24(2) of the Interpretation Act enables a minister to delegate their authority to "a person appointed to serve, in the department or ministry of state over which the minister presides…"
• The Minister of Indigenous Services Canada has delegated their authority to review EOC's decisions to the IOGC CEO.
• The IOGC CEO is not a member of, and does not attend, the EOC meetings.
• IOGC issues a certificate of default under section 25(2) of the Act and registers the certificate of default for the unpaid AMP. This means registering the debt in Federal Court as per section 25(3) of the Act, then takes all necessary actions to recover the debt.

Additional information and links

• Compliance and Enforcement at IOGC
• Email the Compliance and Enforcement Business Unit to request the Representations to the Minister Form at iogccompliance@sac-isc.gc.ca.