2022–23 Annual Report of the Canada Energy Regulator – Appendix G: Warning Letters and Administrative Monetary Penalties

Warning Letters

The CER, on occasion, may decide that it is important that a senior person in a company is aware of the seriousness of an issue. This person can then take action to stop it from happening again. This is accomplished through a Warning Letter.

There were no Warning Letters issued in 2022–23.

All warning letters can be found on the CER’s website under Reports on Compliance and Enforcement.

Administrative Monetary Penalties (AMPs)

Both companies and individuals can be issued monetary penalties for actions that are unsafe. The CER may issue a penalty to a company or individual if:

  • serious harm has been caused or is likely to happen;
  • the nature and severity of the non-compliance is significant;
  • need to escalate to a higher level of enforcement; or
  • need to change behavior to prevent an issue from happening again.

The CER issued two AMPs from April 1, 2022 to March 31, 2023:

AMPs issued in the period from 1 April 2022 to 31 March 2023

Reference Number

Last Updated

Recipient

Region/ Facility

Description

Penalty Amount

AMP-004-2022

2022-10-27

Trans Mountain Pipeline ULC

Spread 1, Trans Mountain Expansion Project

Failure to implement management system process for verifying that employees and other persons working with or on behalf of the company were trained and competent and for supervising them to ensure that they performed their duties in a manner that was safe, pursuant to paragraph 6.5(1)(k) of the Onshore Pipeline Regulations.

$88,000

AMP-003-2022

2022-10-27

Trans Mountain Pipeline ULC

Spread 1, Trans Mountain Expansion Project

Failure to implement a management system process for identifying and analyzing all hazards and potential hazards pursuant to paragraph 6.5(1)(c) of the Onshore Pipeline Regulations, and comply with Condition 2 of OC-065, a designated violation under sub-section 2(3) of the AMPs Regulations.

$76,000

In addition to the above, an AMP which had been issued in a previous year was reviewed in December 2022. All warning letters, AMPs, and related documents can be found on the CER’s website under Reports on Compliance and Enforcement.

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