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June 10, 2016
Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland & Labrador and Nova Scotia offshore in February 2016 as part of the toughening-up of the offshore regulatory regime under the Energy Safety and Security Act amendments to each of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (the legislation implementing the Atlantic Accord and the Canada-Nova Scotia Offshore Petroleum Resources Accord respectively). But AMPs have been used in both federal and provincial legislation for years: federally, they are used as an enforcement mechanism in many situations, including in the enforcement of agrifood, nuclear safety, and immigration legislation; provincially, they are used as an enforcement mechanism in health and safety (for example, in Nova Scotia and Alberta) and environmental protection (for example, in Alberta) legislation.
Here are five frequently-asked questions about the new AMPs in the Canadian offshore to help offshore operators know what to expect.
Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Oil and Gas Team to discuss this topic or any other legal issue.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
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