Vol. 146, No. 25 — December 5, 2012
Registration
SOR/2012-246 November 23, 2012
CANADA SHIPPING ACT, 2001
Regulations Amending the Administrative Monetary Penalties Regulations
P.C. 2012-1546 November 22, 2012
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 35(1)(f) (see footnote a) and paragraphs 244(f) to (h) of the Canada Shipping Act, 2001 (see footnote b), hereby makes the annexed Regulations Amending the Administrative Monetary Penalties Regulations.
REGULATIONS AMENDING THE ADMINISTRATIVE MONETARY PENALTIES REGULATIONS
AMENDMENTS
1. The title of the Administrative Monetary Penalties Regulations (see footnote 1) is replaced by the following:
ADMINISTRATIVE MONETARY PENALTIES AND NOTICES (CSA 2001) REGULATIONS
2. Section 2 of the Regulations is replaced by the following:
2. (1) The contravention of a provision of the Act, or of a regulation made under the Act, set out in column 1 of a Part of the schedule is designated as a violation that may be proceeded with in accordance with sections 229 to 242 of the Act and by the issuance of a notice of violation.
(2) The range of penalties set out in column 2 of a Part of the schedule is the range of penalties in respect of a violation set out in column 1.
(3) If “X” is set out in column 3 of a Part of the schedule, a violation set out in column 1 constitutes a separate violation for each day on which it is continued.
3. (1) Paragraphs 3(3)( a ) and ( b ) of the English version of the Regulations are replaced by the following:
- (a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the corporation or to the corporation’s agent or mandatary;
- (b) leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent or mandatary; or
(2) Subparagraph 3(4)( d )(ii) of the English version of the Regulations is replaced by the following:
- (ii) leaving a copy of it at the authorized representative’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the authorized representative’s agent or mandatary, or
4. Section 4 of the Regulations and the heading before it are replaced by the following:
NOTICES
4. (1) This section applies in respect of the following notices:
- (a) a notice of refusal to issue referred to in subsection 16(5) of the Act;
- (b) a notice of proposed suspension or cancellation referred to in section 20.1 of the Act; and
- (c) a notice of suspension, cancellation or refusal to renew referred to in section 20.3 of the Act.
(2) A notice may be given to an individual
- (a) personally, by leaving a copy of it
- (i) with the individual, or
- (ii) if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or
- (i) with the individual, or
- (b) by sending a copy of it by courier, fax or other electronic means to the last known address or usual place of residence of the individual.
(3) A notice may be given to a corporation by
- (a) sending a copy of it by fax or courier to the head office or place of business of the corporation or to the corporation’s agent or mandatary;
- (b) leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent or mandatary; or
- (c) sending a copy of it by electronic means, other than fax, to an individual referred to in paragraph (b).
(4) A notice may be given to a vessel by
- (a) delivering a copy of it personally to the master or any other person who is, or appears to be, in charge of the vessel;
- (b) fixing a copy of it to a prominent part of the vessel;
- (c) if the vessel’s authorized representative is an individual, sending a copy of it by fax or courier to the authorized representative; or
- (d) if the vessel’s authorized representative is a corporation,
- (i) sending a copy of it by fax or courier to the authorized representative’s head office or place of business,
- (ii) leaving a copy of it at the authorized representative’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the authorized representative’s agent or mandatary, or
- (iii) sending a copy of it by electronic means, other than fax, to an individual referred to in subparagraph (ii).
- (i) sending a copy of it by fax or courier to the authorized representative’s head office or place of business,
5. The heading of the schedule to the Regulations is replaced by the following:
PART 1
VIOLATIONS OF THE CANADA SHIPPING ACT, 2001
6. The schedule to the Regulations is amended by adding the following after Part 1:
PART 2
VIOLATIONS OF THE CARGO, FUMIGATION AND TACKLE REGULATIONS
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1. |
Subsection 102(1) |
250 to 5,000 |
|
2. |
Subsection 102(2) |
600 to 12,000 |
|
3. |
Subsection 104(1) |
600 to 12,000 |
|
4. |
Subsection 104(2) |
600 to 12,000 |
|
5. |
Subsection 104(3) |
600 to 12,000 |
|
6. |
Subsection 105(1) |
600 to 12,000 |
|
7. |
Subsection 108(1) |
600 to 12,000 |
|
8. |
Subsection 108(2) |
600 to 12,000 |
|
9. |
Subsection 108(4) |
250 to 5,000 |
|
10. |
Subsection 108(5) |
250 to 5,000 |
|
11. |
Subsection 109(1) |
3,000 to 12,000 |
|
12. |
Subsection 109(2) |
3,000 to 12,000 |
|
13. |
Subsection 109(3) |
3,000 to 12,000 |
|
14. |
Subsection 109(4) |
3,000 to 12,000 |
|
15. |
Subsection 109(5) |
3,000 to 12,000 |
|
16. |
Subsection 109(7) |
3,000 to 12,000 |
|
17. |
Subsection 109(8) |
3,000 to 12,000 |
|
18. |
Subsection 110(1) |
1,250 to 25,000 |
|
19. |
Subsection 110(2) |
6,000 to 25,000 |
|
20. |
Subsection 110(3) |
1,250 to 25,000 |
|
21. |
Subsection 110(4) |
1,250 to 25,000 |
|
22. |
Subsection 111(1) |
1,250 to 25,000 |
|
23. |
Subsection 111(2) |
1,250 to 25,000 |
|
24. |
Subsection 111(3) |
1,250 to 25,000 |
|
25. |
Subsection 111(4) |
1,250 to 25,000 |
|
26. |
Paragraph 112(1)(a) |
1,250 to 25,000 |
|
27. |
Paragraph 112(1)(b) |
1,250 to 25,000 |
|
28. |
Subsection 112(2) |
1,250 to 25,000 |
|
29. |
Subsection 112(3) |
1,250 to 25,000 |
|
30. |
Subsection 112(4) |
1,250 to 25,000 |
|
31. |
Subsection 112(5) |
1,250 to 25,000 |
|
32. |
Subsection 112(6) |
1,250 to 25,000 |
|
33. |
Section 113 |
1,250 to 25,000 |
|
34. |
Paragraph 114(1)(a) |
1,250 to 25,000 |
|
35. |
Paragraph 114(1)(b) |
1,250 to 25,000 |
|
36. |
Subsection 114(2) |
1,250 to 25,000 |
|
37. |
Subsection 114(4) |
1,250 to 25,000 |
|
38. |
Subsection 115(1) |
600 to 12,000 |
|
39. |
Subsection 115(2) |
600 to 12,000 |
|
40. |
Subsection 115(3) |
250 to 5,000 |
|
41. |
Subsection 115(4) |
250 to 5,000 |
|
42. |
Subsection 115(5) |
250 to 5,000 |
|
43. |
Subsection 115(6) |
250 to 5,000 |
|
44. |
Subsection 117(1) |
1,250 to 25,000 |
|
45. |
Section 118 |
1,250 to 25,000 |
|
46. |
Subsection 119(2) |
6,000 to 25,000 |
|
47. |
Subsection 120(1) |
6,000 to 25,000 |
|
48. |
Subsection 123(1) |
1,250 to 25,000 |
|
49. |
Subsection 123(2) |
600 to 12,000 |
|
50. |
Subsection 126(1) |
1,250 to 25,000 |
|
51. |
Subsection 126(2) |
1,000 to 5,000 |
|
52. |
Subsection 126(4) |
6,000 to 25,000 |
|
53. |
Subsection 127(1) |
1,250 to 25,000 |
|
54. |
Subsection 127(2) |
1,250 to 25,000 |
|
55. |
Subsection 128(1) |
6,000 to 25,000 |
|
56. |
Subsection 129(1) |
6,000 to 25,000 |
|
57. |
Subsection 132(1) |
600 to 12,000 |
|
58. |
Subsection 132(2) |
600 to 12,000 |
|
59. |
Section 133 |
600 to 12,000 |
|
60. |
Subsection 138(1) |
600 to 12,000 |
|
61. |
Subsection 138(2) |
600 to 12,000 |
|
62. |
Subsection 139(1) |
600 to 12,000 |
|
63. |
Subsection 139(2) |
600 to 12,000 |
|
64. |
Subsection 140(2) |
1,000 to 5,000 |
|
65. |
Subsection 141(1) |
1,000 to 5,000 |
|
66. |
Subsection 144(1) |
1,250 to 25,000 |
|
67. |
Subsection 144(2) |
1,250 to 25,000 |
|
68. |
Subsection 145(1) |
1,250 to 25,000 |
|
69. |
Subsection 145(2) |
1,250 to 25,000 |
|
70. |
Subsection 146(1) |
1,250 to 25,000 |
|
71. |
Subsection 146(2) |
6,000 to 25,000 |
|
72. |
Subsection 146(3) |
1,250 to 25,000 |
|
73. |
Subsection 148(3) |
250 to 5,000 |
|
74. |
Subsection 150(1) |
1,250 to 25,000 |
|
75. |
Subsection 150(2) |
1,250 to 25,000 |
|
76. |
Subsection 151(7) |
1,250 to 25,000 |
|
77. |
Subsection 151(8) |
1,250 to 25,000 |
|
78. |
Subsection 151(9) |
1,250 to 25,000 |
|
79. |
Subsection 151(10) |
600 to 12,000 |
|
80. |
Subsection 152(1) |
600 to 12,000 |
|
81. |
Section 153 |
600 to 12,000 |
|
82. |
Subsection 154(1) |
600 to 12,000 |
|
83. |
Subsection 154(2) |
600 to 12,000 |
|
84. |
Subsection 154(3) |
600 to 12,000 |
|
85. |
Subsection 154(4) |
600 to 12,000 |
|
86. |
Subsection 155(1) |
1,250 to 25,000 |
|
87. |
Subsection 155(2) |
1,250 to 25,000 |
|
88. |
Subsection 156(1) |
1,250 to 25,000 |
|
89. |
Subsection 156(2) |
600 to 12,000 |
|
90. |
Subsection 156(3) |
1,250 to 25,000 |
|
91. |
Subsection 157(1) |
6,000 to 25,000 |
|
92. |
Subsection 159(1) |
1,250 to 25,000 |
|
93. |
Subsection 159(2) |
250 to 5,000 |
|
94. |
Subsection 160(1) |
1,250 to 25,000 |
|
95. |
Paragraph 161(1)(a) |
1,250 to 25,000 |
|
96. |
Paragraph 161(1)(b) |
1,250 to 25,000 |
|
97. |
Paragraph 161(1)(c) |
600 to 12,000 |
|
98. |
Paragraph 161(1)(d) |
600 to 12,000 |
|
99. |
Paragraph 161(1)(e) |
600 to 12,000 |
|
100. |
Paragraph 161(1)(f) |
1,250 to 25,000 |
|
101. |
Section 164 |
250 to 5,000 |
|
102. |
Subsection 203(1) |
600 to 12,000 |
|
103. |
Subsection 203(2) |
600 to 12,000 |
|
104. |
Subsection 203(3) |
600 to 12,000 |
|
105. |
Subsection 203(4) |
600 to 12,000 |
|
106. |
Subsection 203(5) |
600 to 12,000 |
|
107. |
Subsection 203(6) |
600 to 12,000 |
|
108. |
Subsection 204(1) |
600 to 12,000 |
|
109. |
Subsection 204(2) |
600 to 12,000 |
|
110. |
Section 205 |
600 to 12,000 |
|
111. |
Subsection 206(1) |
250 to 5,000 |
|
112. |
Subsection 206(2) |
250 to 5,000 |
|
113. |
Subsection 206(5) |
600 to 12,000 |
|
114. |
Subsection 207(1) |
600 to 12,000 |
|
115. |
Section 208 |
600 to 12,000 |
|
116. |
Subsection 210(1) |
600 to 12,000 |
|
117. |
Paragraph 210(3)(a) |
600 to 12,000 |
|
118. |
Paragraph 210(3)(b) |
600 to 12,000 |
|
119. |
Paragraph 210(3)(c) |
600 to 12,000 |
|
120. |
Paragraph 210(3)(d) |
600 to 12,000 |
|
121. |
Paragraph 210(3)(e) |
600 to 12,000 |
|
122. |
Subsection 210(5) |
250 to 5,000 |
|
123. |
Paragraph 210(6)(b) |
600 to 12,000 |
|
124. |
Subsection 210(7) |
600 to 12,000 |
|
125. |
Subsection 211(3) |
600 to 12,000 |
|
126. |
Subsection 212(1) |
600 to 12,000 |
|
127. |
Subsection 212(2) |
250 to 5,000 |
|
128. |
Subsection 213(1) |
600 to 12,000 |
|
129. |
Subsection 213(3) |
3,000 to 12,000 |
|
130. |
Subsection 213(4) |
250 to 5,000 |
|
131. |
Section 214 |
600 to 12,000 |
|
132. |
Section 216 |
600 to 12,000 |
|
133. |
Subsection 217(1) |
600 to 12,000 |
|
134. |
Subsection 217(2) |
600 to 12,000 |
|
135. |
Subsection 217(3) |
250 to 5,000 |
|
136. |
Subsection 217(4) |
600 to 12,000 |
|
137. |
Subsection 218(1) |
600 to 12,000 |
|
138. |
Subsection 218(3) |
600 to 12,000 |
|
139. |
Subsection 219(1) |
3,000 to 12,000 |
|
140. |
Section 221 |
600 to 12,000 |
|
141. |
Subsection 223(1) |
600 to 12,000 |
|
142. |
Subsection 223(2) |
600 to 12,000 |
|
143. |
Subsection 223(3) |
3,000 to 12,000 |
|
144. |
Section 224 |
600 to 12,000 |
|
145. |
Section 225 |
600 to 10,000 |
|
146. |
Subsection 226(1) |
600 to 12,000 |
|
147. |
Subsection 226(3) |
600 to 12,000 |
|
148. |
Subsection 226(4) |
3,000 to 12,000 |
|
149. |
Section 228 |
600 to 10,000 |
|
150. |
Subsection 229(1) |
250 to 5,000 |
|
151. |
Subsection 230(1) |
250 to 5,000 |
|
152. |
Subsection 230(2) |
250 to 5,000 |
|
153. |
Subsection 231(1) |
600 to 12,000 |
|
154. |
Subsection 231(2) |
600 to 12,000 |
|
155. |
Subsection 231(3) |
600 to 12,000 |
|
156. |
Subsection 231(4) |
600 to 12,000 |
|
157. |
Subsection 231(6) |
600 to 12,000 |
|
158. |
Section 233 |
600 to 12,000 |
|
159. |
Section 234 |
600 to 12,000 |
|
160. |
Subsection 235(1) |
600 to 12,000 |
|
161. |
Subsection 235(2) |
250 to 5,000 |
|
162. |
Subsection 236(1) |
600 to 12,000 |
|
163. |
Subsection 236(2) |
600 to 12,000 |
|
164. |
Subsection 237(1) |
600 to 12,000 |
|
165. |
Subsection 237(2) |
600 to 12,000 |
|
166. |
Subsection 237(3) |
600 to 12,000 |
|
167. |
Section 239 |
600 to 12,000 |
|
168. |
Subsection 240(1) |
600 to 12,000 |
|
169. |
Section 241 |
600 to 12,000 |
|
170.
|
Subsection 302(1)
|
|
|
171.
|
Subsection 302(2)
|
|
|
172. |
Paragraph 302(3)(a) |
600 to 12,000 |
|
173. |
Paragraph 302(3)(b) |
600 to 12,000 |
|
174. |
Subsection 302(4)
|
|
|
175. |
Subparagraph 339(a)(i) |
600 to 12,000 |
|
176. |
Subparagraph 339(a)(ii) |
600 to 12,000 |
|
177. |
Paragraph 339(b) |
600 to 12,000 |
|
178. |
Paragraph 339(c) |
600 to 12,000 |
|
179. |
Subsection 343(4) |
600 to 12,000 |
|
180. |
Paragraph 344(a) |
600 to 12,000 |
|
181. |
Paragraph 344(b) |
600 to 12,000 |
|
182. |
Subsection 360(1) |
600 to 10,000 |
|
183. |
Subsection 360(2) |
600 to 10,000 |
|
184. |
Subsection 363(1) |
600 to 12,000 |
|
185. |
Subsection 363(2) |
600 to 12,000 |
|
186. |
Paragraph 364(1)(a) |
3,000 to 12,000 |
|
187. |
Paragraph 364(1)(b) |
3,000 to 12,000 |
|
188. |
Subsection 365(1) |
600 to 10,000 |
|
189. |
Subsection 365(2) |
600 to 10,000 |
PART 3
VIOLATIONS OF THE COLLISION REGULATIONS
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1. |
Section 4 and subsection 5(1) |
600 to 3,000 |
|
2. |
Section 4 and subsection 5(2) |
250 to 1,000 |
|
3. |
Section 4 and subsection 5(3) |
250 to 1,000 |
|
4. |
Section 4 and subsection 6(1) |
600 to 3,000 |
|
5. |
Section 4 and Rule 5 of Schedule 1 |
6,000 to 25,000 |
|
6. |
Section 4 and Rule 6 of Schedule 1 |
6,000 to 25,000 |
|
7. |
Section 4 and Rule 6(c) of Schedule 1 |
6,000 to 25,000 |
|
8. |
Section 4 and Rule 9(b) of Schedule 1 |
600 to 12,000 |
|
9. |
Section 4 and Rule 9(c) of Schedule 1 |
600 to 12,000 |
|
10. |
Section 4 and Rule 9(d) of Schedule 1 |
600 to 12,000 |
|
11. |
Section 4 and Rule 9(e)(i) of Schedule 1 |
600 to 12,000 |
|
12. |
Section 4 and Rule 9(f) of Schedule 1 |
600 to 12,000 |
|
13. |
Section 4 and Rule 9(h) of Schedule 1 |
600 to 12,000 |
|
14. |
Section 4 and Rule 9(i) of Schedule 1 |
600 to 12,000 |
|
15. |
Section 4 and Rule 9(j) of Schedule 1 |
600 to 12,000 |
|
16. |
Section 4 and Rule 9(k)(i) of Schedule 1 |
600 to 12,000 |
|
17. |
Section 4 and Rule 9(k)(ii) of Schedule 1 |
600 to 12,000 |
|
18. |
Section 4 and Rule 9(k)(iii) of Schedule 1 |
600 to 12,000 |
|
19. |
Section 4 and Rule 10(b) of Schedule 1 |
600 to 12,000 |
|
20. |
Section 4 and Rule 10(d)(i) of Schedule 1 |
250 to 5,000 |
|
21. |
Section 4 and Rule 10(i) of Schedule 1 |
600 to 12,000 |
|
22. |
Section 4 and Rule 10(j) of Schedule 1 |
600 to 12,000 |
|
23. |
Section 4 and Rule 10(n) of Schedule 1 |
600 to 12,000 |
|
24. |
Section 4 and Rule 10(o) of Schedule 1 |
600 to 12,000 |
|
25. |
Section 4 and Rule 12(a) of Schedule 1 |
600 to 12,000 |
|
26. |
Section 4 and Rule 13(a) of Schedule 1 |
600 to 12,000 |
|
27. |
Section 4 and Rule 14(a) of Schedule 1 |
600 to 12,000 |
|
28. |
Section 4 and Rule 15(a) of Schedule 1 |
600 to 12,000 |
|
29. |
Section 4 and Rule 15(b) of Schedule 1 |
600 to 12,000 |
|
30. |
Section 4 and Rule 17(a)(i) of Schedule 1 |
600 to 12,000 |
|
31. |
Section 4 and Rule 18(a) of Schedule 1 |
600 to 12,000 |
|
32. |
Section 4 and Rule 18(b) of Schedule 1 |
600 to 12,000 |
|
33. |
Section 4 and Rule 18(c) of Schedule 1 |
600 to 12,000 |
|
34. |
Section 4 and Rule 18(d)(i) of Schedule 1 |
600 to 12,000 |
|
35. |
Section 4 and Rule 18(e) of Schedule 1 |
600 to 12,000 |
|
36. |
Section 4 and Rule 18(f)(i) of Schedule 1 |
600 to 12,000 |
|
37. |
Section 4 and Rule 18(f)(ii) of Schedule 1 |
600 to 12,000 |
|
38. |
Section 4 and Rule 19(b) of Schedule 1 |
600 to 12,000 |
|
39. |
Section 4 and Rule 19(e) of Schedule 1 |
600 to 12,000 |
|
40. |
Section 4 and Rule 20(b) of Schedule 1 |
600 to 12,000 |
|
41. |
Section 4 and Rule 20(c) of Schedule 1 |
600 to 12,000 |
|
42. |
Section 4 and Rule 20(d) of Schedule 1 |
600 to 12,000 |
|
43. |
Section 4 and Rule 20(e) of Schedule 1 |
600 to 12,000 |
|
44. |
Section 4 and Rule 22 of Schedule 1 |
600 to 12,000 |
|
45. |
Section 4 and Rule 23(a) of Schedule 1 |
600 to 12,000 |
|
46. |
Section 4 and Rule 23(b) of Schedule 1 |
600 to 12,000 |
|
47. |
Section 4 and Rule 23(c) of Schedule 1 |
600 to 12,000 |
|
48. |
Section 4 and Rule 24(a) of Schedule 1 |
600 to 12,000 |
|
49. |
Section 4 and Rule 24(b) of Schedule 1 |
600 to 12,000 |
|
50. |
Section 4 and Rule 24(c) of Schedule 1 |
600 to 12,000 |
|
51. |
Section 4 and Rule 24(d) of Schedule 1 |
600 to 12,000 |
|
52. |
Section 4 and Rule 24(e) of Schedule 1 |
600 to 12,000 |
|
53. |
Section 4 and Rule 24(g) of Schedule 1 |
600 to 12,000 |
|
54. |
Section 4 and Rule 24(i) of Schedule 1 |
600 to 12,000 |
|
55. |
Section 4 and Rule 24(j)(ii) of Schedule 1 |
600 to 12,000 |
|
56. |
Section 4 and Rule 24(k) of Schedule 1 |
600 to 12,000 |
|
57. |
Section 4 and Rule 24(l) of Schedule 1 |
600 to 12,000 |
|
58. |
Section 4 and Rule 24(m) of Schedule 1 |
600 to 12,000 |
|
59. |
Section 4 and Rule 25(a) of Schedule 1 |
600 to 12,000 |
|
60. |
Section 4 and Rule 25(c) of Schedule 1 |
600 to 12,000 |
|
61. |
Section 4 and Rule 25(d)(ii) of Schedule 1 |
600 to 12,000 |
|
62. |
Section 4 and Rule 25(e) of Schedule 1 |
600 to 12,000 |
|
63. |
Section 4 and Rule 26(a) of Schedule 1 |
600 to 12,000 |
|
64. |
Section 4 and Rule 26(b) of Schedule 1 |
600 to 12,000 |
|
65. |
Section 4 and Rule 26(c) of Schedule 1 |
600 to 12,000 |
|
66. |
Section 4 and Rule 26(d) of Schedule 1 |
600 to 12,000 |
|
67. |
Section 4 and Rule 26(e) of Schedule 1 |
250 to 5,000 |
|
68. |
Section 4 and Rule 27(a) of Schedule 1 |
600 to 12,000 |
|
69. |
Section 4 and Rule 27(b) of Schedule 1 |
600 to 12,000 |
|
70. |
Section 4 and Rule 27(c) of Schedule 1 |
600 to 12,000 |
|
71. |
Section 4 and Rule 27(d) of Schedule 1 |
600 to 12,000 |
|
72. |
Section 4 and Rule 27(e)(i) of Schedule 1 |
600 to 12,000 |
|
73. |
Section 4 and Rule 27(e)(ii) of Schedule 1 |
600 to 12,000 |
|
74. |
Section 4 and Rule 27(f) of Schedule 1 |
600 to 12,000 |
|
75. |
Section 4 and Rule 28(b) of Schedule 1 |
600 to 12,000 |
|
76. |
Section 4 and Rule 29(a) of Schedule 1 |
600 to 12,000 |
|
77. |
Section 4 and Rule 30(a) of Schedule 1 |
600 to 12,000 |
|
78. |
Section 4 and Rule 30(c) of Schedule 1 |
600 to 12,000 |
|
79. |
Section 4 and Rule 30(d) of Schedule 1 |
600 to 12,000 |
|
80. |
Section 4 and Rule 33(a) of Schedule 1 |
600 to 12,000 |
|
81. |
Section 4 and Rule 34(a) of Schedule 1 |
600 to 12,000 |
|
82. |
Section 4 and Rule 34(d) of Schedule 1 |
600 to 12,000 |
|
83. |
Section 4 and Rule 34(f) of Schedule 1 |
250 to 5,000 |
|
84. |
Section 4 and Rule 34(g)(i) of Schedule 1 |
600 to 12,000 |
|
85. |
Section 4 and Rule 34(g)(ii) of Schedule 1 |
600 to 12,000 |
|
86. |
Section 4 and Rule 34(k) of Schedule 1 |
600 to 12,000 |
|
87. |
Section 4 and Rule 35(a) of Schedule 1 |
600 to 12,000 |
|
88. |
Section 4 and Rule 35(b) of Schedule 1 |
600 to 12,000 |
|
89. |
Section 4 and Rule 35(c) of Schedule 1 |
600 to 12,000 |
|
90. |
Section 4 and Rule 35(d) of Schedule 1 |
600 to 12,000 |
|
91. |
Section 4 and Rule 35(e) of Schedule 1 |
600 to 12,000 |
|
92. |
Section 4 and Rule 35(f) of Schedule 1 |
600 to 12,000 |
|
93. |
Section 4 and Rule 35(g) of Schedule 1 |
600 to 12,000 |
|
94. |
Section 4 and Rule 35(h) of Schedule 1 |
600 to 12,000 |
|
95. |
Section 4 and Rule 36 of Schedule 1 |
250 to 5,000 |
|
96. |
Section 4 and Rule 37 of Schedule 1 |
600 to 12,000 |
|
97. |
Section 4 and Rule 39(a) of Schedule 1 |
250 to 5,000 |
|
98. |
Section 4 and Rule 39(b) of Schedule 1 |
250 to 5,000 |
|
99. |
Section 4 and Rule 41(a) of Schedule 1 |
600 to 12,000 |
|
100. |
Section 4 and Rule 42(a) of Schedule 1 |
250 to 5,000 |
|
101. |
Section 4 and Rule 42(c) of Schedule 1 |
600 to 12,000 |
|
102. |
Section 4 and Rule 42(d) of Schedule 1 |
600 to 12,000 |
|
103. |
Section 4 and Rule 42(e) of Schedule 1 |
600 to 12,000 |
|
104. |
Section 4 and Rule 42(f) of Schedule 1 |
600 to 12,000 |
|
105. |
Section 4 and Rule 42(i) of Schedule 1 |
600 to 12,000 |
|
106. |
Section 4 and Rule 43(c) of Schedule 1 |
600 to 12,000 |
|
107. |
Section 4 and Rule 44(a) of Schedule 1 |
250 to 5,000 |
|
108. |
Section 4 and Rule 44(b) of Schedule 1 |
250 to 5,000 |
|
109. |
Section 4 and Rule 44(c) of Schedule 1 |
250 to 5,000 |
|
110. |
Section 4 and Rule 44(d) of Schedule 1 |
250 to 5,000 |
|
111. |
Section 4 and Rule 44(e) of Schedule 1 |
250 to 5,000 |
|
112. |
Section 4 and Rule 46(c) of Schedule 1 |
600 to 12,000 |
|
113. |
Section 4 and Rule 46(f) of Schedule 1 |
600 to 12,000 |
|
114. |
Section 4 and Rule 46(h) of Schedule 1 |
600 to 12,000 |
|
115. |
Section 7 |
6,000 to 25,000 |
PART 4
VIOLATIONS OF THE LOAD LINE REGULATIONS
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1. |
Subsection 4(1) |
6,000 to 25,000 |
|
2. |
Subsection 4(2) |
6,000 to 25,000 |
|
3. |
Subsection 4(3) |
6,000 to 25,000 |
|
4. |
Subsection 6(1) |
1,250 to 25,000 |
|
5. |
Subsection 6(2) |
1,250 to 25,000 |
|
6. |
Section 11 |
250 to 5,000 |
|
7. |
Section 12 |
600 to 12,000 |
|
8. |
Section 16 |
6,000 to 25,000 |
|
9. |
Section 18 |
1,250 to 25,000 |
|
10. |
Section 20 |
250 to 5,000 |
PART 5
VIOLATIONS OF THE MARINE PERSONNEL REGULATIONS
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1. |
Section 201 |
6,000 to 25,000 |
|
2. |
Subsection 202(1) |
6,000 to 25,000 |
|
3. |
Subsection 202(5) |
600 to 10,000 |
|
4. |
Section 203 |
600 to 10,000 |
|
5. |
Subsection 205(1) |
1,250 to 25,000 |
|
6. |
Subsection 205(2) |
1,250 to 25,000 |
|
7. |
Subsection 205(3) |
1,250 to 25,000 |
|
8. |
Subsection 205(4) |
1,250 to 25,000 |
|
9. |
Subsection 205(5) |
1,250 to 25,000 |
|
10. |
Subsection 205(6) |
1,250 to 25,000 |
|
11. |
Subsection 205(7) |
1,250 to 25,000 |
|
12. |
Subsection 205(8) |
1,250 to 25,000 |
|
13. |
Subsection 205(9) |
1,250 to 25,000 |
|
14. |
Subsection 206(1) |
1,250 to 25,000 |
|
15. |
Paragraph 206(2)(a) |
1,250 to 25,000 |
|
16. |
Paragraph 206(2)(b) |
600 to 10,000 |
|
17. |
Subsection 207(1) |
6,000 to 25,000 |
|
18. |
Subsection 208(1) |
1,250 to 25,000 |
|
19. |
Subsection 208(2) |
1,250 to 25,000 |
|
20. |
Subsection 209(1) |
1,250 to 25,000 |
|
21. |
Subsection 209(2) |
1,250 to 25,000 |
|
22. |
Subsection 210(1) |
1,250 to 25,000 |
|
23. |
Section 211 |
6,000 to 25,000 |
|
24. |
Subsection 212(4) |
6,000 to 25,000 |
|
25. |
Section 213 |
1,250 to 25,000 |
|
26. |
Section 214 |
1,250 to 25,000 |
|
27. |
Subsection 215(1) |
600 to 12,000 |
|
28. |
Subsection 219(1) |
6,000 to 25,000 |
|
29. |
Subsection 220(1) |
6,000 to 25,000 |
|
30. |
Subsection 221(1) |
6,000 to 25,000 |
|
31. |
Section 222 |
6,000 to 25,000 |
|
32. |
Section 223 |
1,250 to 25,000 |
|
33. |
Subsection 224(1) |
1,250 to 25,000 |
|
34. |
Subsection 226(1) |
1,250 to 25,000 |
|
35. |
Section 227 |
1,000 to 5,000 |
|
36. |
Subsection 228(1) |
1,250 to 25,000 |
|
37. |
Subsection 228(2) |
6,000 to 25,000 |
|
38. |
Paragraph 228(3)(a) |
600 to 12,000 |
|
39. |
Paragraph 228(3)(b) |
600 to 12,000 |
|
40. |
Subsection 229(1) |
1,250 to 25,000 |
|
41. |
Subsection 229(2) |
1,250 to 25,000 |
|
42. |
Subsection 230(1) |
1,250 to 25,000 |
|
43. |
Subsection 231(1) |
1,250 to 25,000 |
|
44. |
Subsection 232(1) |
1,250 to 25,000 |
|
45. |
Subsection 232(3) |
1,000 to 5,000 |
|
46. |
Subsection 233(1) |
1,250 to 25,000 |
|
47. |
Subsection 234(1) |
6,000 to 25,000 |
|
48. |
Subsection 234(2) |
6,000 to 25,000 |
|
49. |
Section 235 |
6,000 to 25,000 |
|
50. |
Subsection 236(2) |
600 to 10,000 |
|
51. |
Section 237 |
1,250 to 25,000 |
|
52. |
Subsection 238(3) |
1,250 to 25,000 |
|
53. |
Section 239 |
1,250 to 25,000 |
|
54. |
Subsection 240(1) |
1,250 to 25,000 |
|
55. |
Section 241 |
6,000 to 25,000 |
|
56. |
Subsection 242(2) |
600 to 10,000 |
|
57. |
Subsection 242(3) |
600 to 10,000 |
|
58. |
Subsection 242(4) |
600 to 10,000 |
|
59. |
Subsection 243(1) |
1,250 to 25,000 |
|
60. |
Section 244 |
1,250 to 25,000 |
|
61. |
Section 245 |
1,250 to 25,000 |
|
62. |
Section 246 |
600 to 12,000 |
|
63. |
Subsection 247(1) |
1,250 to 25,000 |
|
64. |
Section 248 |
1,250 to 25,000 |
|
65. |
Subsection 249(1) |
1,250 to 25,000 |
|
66. |
Section 250 |
1,250 to 25,000 |
|
67. |
Section 252 |
1,250 to 25,000 |
|
68. |
Subsection 253(1) |
1,250 to 25,000 |
|
69. |
Section 255 |
1,250 to 25,000 |
|
70. |
Subsection 256(1) |
6,000 to 25,000 |
|
71. |
Subsection 256(2) |
6,000 to 25,000 |
|
72. |
Subsection 256(3) |
1,250 to 25,000 |
|
73. |
Section 257 |
6,000 to 25,000 |
|
74. |
Subsection 258(1) |
1,250 to 25,000 |
|
75. |
Subsection 259(1) |
6,000 to 25,000 |
|
76. |
Subsection 259(2) |
1,250 to 25,000 |
|
77. |
Subsection 260(1) |
6,000 to 25,000 |
|
78. |
Subsection 260(2) |
1,250 to 25,000 |
|
79. |
Subsection 260(3) |
1,250 to 25,000 |
|
80. |
Subsection 260(4) |
600 to 10,000 |
|
81. |
Subsection 260(5) |
6,000 to 25,000 |
|
82. |
Section 261 |
1,250 to 25,000 |
|
83. |
Subsection 262(1) |
1,250 to 25,000 |
|
84. |
Subsection 263(1) |
1,250 to 25,000 |
|
85. |
Subsection 263(2) |
6,000 to 25,000 |
|
86. |
Subsection 263(3) |
6,000 to 25,000 |
|
87. |
Subsection 263(4) |
6,000 to 25,000 |
|
88. |
Section 264 |
1,250 to 25,000 |
|
89. |
Section 265 |
1,250 to 25,000 |
|
90. |
Subsection 266(1) |
1,250 to 25,000 |
|
91. |
Subsection 266(2) |
1,250 to 25,000 |
|
92. |
Subsection 266(3) |
6,000 to 25,000 |
|
93. |
Subsection 267(1) |
600 to 12,000 |
|
94. |
Subsection 267(2) |
1,250 to 25,000 |
|
95. |
Subsection 269(1) |
1,250 to 25,000 |
|
96. |
Subsection 269(3) |
1,250 to 25,000 |
|
97. |
Section 274 |
250 to 1,000 |
|
98. |
Section 302 |
1,250 to 25,000 |
|
99. |
Subsection 303(1) |
600 to 12,000 |
|
100. |
Subsection 304(1) |
1,250 to 25,000 |
|
101. |
Subsection 304(2) |
6,000 to 25,000 |
|
102. |
Subsection 306(1) |
1,250 to 25,000 |
|
103. |
Subsection 306(2) |
1,250 to 25,000 |
|
104. |
Section 307 |
1,250 to 25,000 |
|
105. |
Section 309 |
600 to 12,000 |
|
106. |
Section 310 |
1,000 to 5,000 |
|
107. |
Subsection 312(1) |
600 to 12,000 |
|
108. |
Subsection 315(1) |
600 to 12,000 |
|
109. |
Subsection 315(2) |
600 to 12,000 |
|
110. |
Section 316 |
600 to 12,000 |
|
111. |
Subsection 317(1) |
3,000 to 12,000 |
|
112. |
Subsection 317(2) |
3,000 to 12,000 |
|
113. |
Subsection 317(3) |
3,000 to 12,000 |
|
114. |
Subsection 318(1) |
3,000 to 12,000 |
|
115. |
Paragraph 320(a) |
1,250 to 25,000 |
|
116. |
Paragraph 320(b) |
1,250 to 25,000 |
|
117. |
Subsection 321(1) |
1,250 to 25,000 |
|
118. |
Subsection 321(2) |
1,250 to 25,000 |
|
119. |
Section 323 |
600 to 10,000 |
|
120. |
Section 324 |
600 to 10,000 |
|
121. |
Subsection 325(3) |
3,000 to 12,000 |
|
122. |
Section 326 |
600 to 12,000 |
|
123. |
Subsection 327(1) |
3,000 to 12,000 |
|
124. |
Subsection 327(2) |
3,000 to 12,000 |
|
125. |
Subsection 328(1) |
3,000 to 12,000 |
|
126. |
Subsection 328(2) |
3,000 to 12,000 |
|
127. |
Subsection 329(1) |
600 to 12,000 |
|
128. |
Subsection 329(2) |
600 to 12,000 |
|
129. |
Paragraph 330(a) |
1,000 to 5,000 |
|
130. |
Paragraph 330(b) |
3,000 to 12,000 |
|
131. |
Paragraph 330(c) |
3,000 to 12,000 |
|
132. |
Subsection 331(1) |
6,000 to 25,000 |
|
133. |
Subsection 331(2) |
600 to 12,000 |
|
134. |
Subsection 332(1) |
600 to 12,000 |
|
135. |
Subsection 333(1) |
6,000 to 25,000 |
|
136. |
Subsection 333(2) |
6,000 to 25,000 |
|
137. |
Subsection 336(1) |
1,250 to 25,000 |
|
138. |
Subsection 336(2) |
1,250 to 25,000 |
|
139. |
Subsection 336(3) |
600 to 12,000 |
|
140. |
Section 337 |
6,000 to 25,000 |
|
141. |
Subsection 338(1) |
1,250 to 10,000 |
|
142. |
Subsection 338(2) |
600 to 10,000 |
|
143. |
Subsection 338(3) |
600 to 10,000 |
|
144. |
Subsection 339(1) |
1,250 to 10,000 |
|
145. |
Subsection 339(4) |
1,250 to 10,000 |
|
146. |
Subsection 339(5) |
600 to 10,000 |
|
147. |
Subsection 340(3) |
600 to 10,000 |
|
148. |
Subsection 340(4) |
600 to 10,000 |
|
149. |
Subsection 340(5) |
1,000 to 5,000 |
|
150. |
Subsection 340(6) |
1,000 to 5,000 |
PART 6
VIOLATIONS OF THE SPECIAL-PURPOSE VESSEL REGULATIONS
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1. |
Subsection 3(1) |
600 to 12,000 |
|
2. |
Subsection 3(2) |
600 to 12,000 |
|
3. |
Subsection 10(3) |
600 to 12,000 |
|
4. |
Subsection 13(1) |
600 to 12,000 |
|
5. |
Subsection 13(2) |
600 to 12,000 |
|
6. |
Subsection 13(3) |
600 to 12,000 |
|
7. |
Section 18 |
250 to 5,000 |
PART 7
VIOLATIONS OF THE VESSEL CERTIFICATES REGULATIONS
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1. |
Subsection 3(2) |
1,250 to 25,000 |
|
2. |
Subsection 4(2) |
1,250 to 25,000 |
|
3. |
Subsection 5(2) |
1,250 to 25,000 |
|
4. |
Subsection 7(2) |
250 to 5,000 |
|
5. |
Paragraph 8(1)(a) |
1,250 to 25,000 |
|
6. |
Paragraph 8(1)(b) |
1,250 to 25,000 |
|
7. |
Subsection 8(2) |
1,250 to 25,000 |
|
8. |
Subsection 8(3) |
1,250 to 25,000 |
|
9. |
Subsection 10(1) |
6,000 to 25,000 |
PART 8
VIOLATIONS OF THE VESSEL REGISTRATION AND TONNAGE REGULATIONS
Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1. |
Section 7 |
3,000 to 12,000 |
|
2. |
Section 9 |
1,250 to 25,000 |
COMING INTO FORCE
7. (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.
(2) Items 100 to 104 and 135 to 143 of Part 5 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations, as enacted by section 6, come into force on the day on which the Maritime Labour Convention, 2006 comes into force in Canada, but if these Regulations are registered after that day, those items come into force on the day on which these Regulations are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
Upon entry into force on July 1, 2007, the Canada Shipping Act, 2001 (CSA 2001) replaced the former Canada Shipping Act with a streamlined and modern framework for the regulation of marine transportation in Canada.
The Administrative Monetary Penalties Regulations (the Regulations), made pursuant to the CSA 2001, previously applied only to certain statutory offences for failure to comply with designated provisions of the Act. These Regulations set out administrative monetary penalties (AMPs) for the contravention of designated provisions of the Act and identify those provisions for which a separate penalty may be imposed for each day that a violation continues.
When the Regulations originally came into force on April 3, 2008, the Regulatory Impact Analysis Statement indicated that the Regulations would be amended “to result in a comprehensive list of all the relevant provisions (as that term is defined in section 210 of the CSA 2001) with an individual penalty range for failure to comply with each.”
These amendments to the Regulations designate the contravention of provisions with respect to seven regulations made under the CSA 2001.
In addition, these amendments to the Regulations introduce provisions for how three new notices may be given. These notices will apply to the refusal to issue, the suspension of, the cancellation of, and the refusal to renew Canadian maritime documents (CMDs), as defined in section 2 of the CSA 2001. At present, there is no alternative in the Regulations to how these notices are given. Greater flexibility is required in order to provide timely and effective notifications to responsible parties.
These amendments to the Regulations will further the “effective inspection and enforcement program” objectives of the CSA 2001 by giving greater scope to a principal enforcement tool under the Act, namely “Administrative Penalties” (CSA 2001, Part 11, sections 228 to 243). As well, these amendments create greater flexibility and efficiency in enforcement by giving alternatives to how notices relating to CMDs are given.
Description and rationale
Addition of “regulatory” AMPs
On April 3, 2008, the new Administrative Monetary Penalties Regulations designated several provisions of the CSA 2001 for the Administrative Penalties sections (i.e. sections 228 to 243) of the Act. These amendments relabel the table of these provisions as “Part 1” of the Schedule to the Regulations and do not add any new provisions or change any penalty amounts in the table.
These amendments contain an expanded schedule designating certain provisions of seven Regulations for the purpose of AMPs, as follows:
Schedule Part |
Designated Regulations |
Scope of Typical Provisions Designated for Administrative Monetary Penalties |
Range of Penalties ($) |
|---|---|---|---|
Part 2 |
Cargo, Fumigation and Tackle Regulations |
Provisions related to the loading, unloading and carriage of cargo for marine transportation, as it relates to the safety of vessels and persons on board; safe fumigation practices on Canadian vessels and on foreign vessels in Canadian waters headed to and from Canadian ports; safe methods for using cargo gear used in material handling, shore-based power-operated ramps; and accommodation ladders used to access vessels. |
250 to 25,000 |
Part 3 |
Collision Regulations |
Provisions related to the general conduct specific to the navigational, steering and sailing rules, navigational lights and shapes to be displayed, and the sound and light signals to be used by every Canadian vessel, as well as pleasure craft and foreign vessels in Canadian waters, in order to avoid a collision situation. Also, provisions related to the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG Convention), with additional requirements specific to the Canadian context. |
250 to 25,000 |
Part 4 |
Load Line Regulations |
Provisions applicable to circle and diamond load lines, including prohibitions; Authorized Representative’s duties; posting of certificates; and draught and freeboard notices. |
250 to 25,000 |
Part 5 |
Marine Personnel Regulations |
Requirements for qualifications, training and certification of crew members; requirements for the appropriate marine personnel on board vessels for safe and efficient operation; types of training certificates to hold or to obtain, and any requirements for the minimum complement that are applicable to Canadian vessels and to foreign vessels in Canadian waters; and labour working conditions and requirements on board vessels. |
250 to 25,000 |
Part 6 |
Special-purpose Vessels Regulations |
Requirements of vessels and equipment; requirements of guides; wearing of flotation and safety equipment; and keeping of records. |
250 to 12,000 |
Part 7 |
Vessel Certificates Regulations |
Provisions concerning inspections; possession and endorsement of required certificates; issuance and carriage of required documents; and crewing in accordance with required documents. |
250 to 25,000 |
Part 8 |
Vessel Registration and Tonnage Regulations |
Provisions concerning the requirement for an International Tonnage Certificate and calculation of tonnage for the Certificate of Registry. |
1,250 to 25,000 |
The process by which AMPs will be set is unchanged. Within each part, each of the designated provisions of the applicable regulation has been assigned a penalty range. Penalty ranges, rather than fixed amounts, will continue to be used to ensure that the amount imposed is appropriate to the circumstances of each case and that full consideration can be given to any mitigating or aggravating factors, such as the compliance record of the offender and any consequences of the violation.
The penalty ranges were developed first by assessing the seriousness of each violation as low, medium or high, based on the subject matter of the designated provision and the possible consequences of non-compliance with it. Then, within each low, medium and high category, the minimum amount for a first violation, the average amount for a second violation and the maximum amount for a third or subsequent violation were set.
This is done for individuals, vessels and corporations. The penalty ranges set the minimum amount that an individual will pay for a first violation and the maximum amount that a vessel or corporation will pay for a third or subsequent violation. As a matter of general policy, vessels and corporations are subject to higher penalties than are individuals.
Should there be a contravention, the penalty amount will be determined by the Minister of Transport within the penalty range, based on the Department’s policies and guidelines. The maximum penalty permitted by the CSA 2001 is $25,000 per violation. If the amount is not paid, it becomes a debt due to Her Majesty.
Giving notices for CMDs
There is a complex definition of CMDs in section 2 of the CSA 2001, but essentially there are two main types of CMDs — those issued regarding vessels and equipment, commonly referred to as “vessel certificates,” and those issued to mariners concerning their professional qualifications, referred to as “certificates of competency” under the Marine Personnel Regulations.
Sections 16, 16.1 and 20 to 20.5 of the CSA 2001 deal with the refusal to issue CMDs, the suspension or cancellation of CMDs, and the refusal to renew CMDs. These actions require that specific written notices be given to the affected parties. Paragraph 35(1)(f) of the CSA 2001 provides the authority to make regulations respecting the form and manner of giving these notices, or in other words, how these documents may be given to someone.
Section 3 of the existing Regulations provides alternatives to the personal service for the AMPs notices — the notice of violation, the notice of compliance and the notice of default, in order to provide timely and effective notifications to responsible parties in the event that an individual cannot be conveniently found. The provisions for these existing notices are retained.
A new section contains similar provisions for giving notices relating to CMDs — the notice of refusal to issue, the notice of proposed suspension or cancellation, and the notice of suspension, cancellation or refusal to renew.
Benefits and costs
The amendments will benefit the Canadian public by enforcing requirements using administrative processes and proceedings rather than judicial ones. Judicial proceedings often result in considerable cost to the federal government and to the person or vessel involved.
Regarding costs to the regulated marine community, only those individuals, corporations, and vessels subject to an AMP will be affected. The individual, corporation, or vessel may choose to pay the penalty imposed. Alternatively, they have the right to apply to the Transportation Appeal Tribunal of Canada (TATC) to have the AMP reviewed.
The TATC is less formal than a criminal court. The individual, corporation, or vessel may present a case without needing a lawyer. The TATC can hear and decide a case more quickly than a criminal court. Costs to the individual, corporation, or vessel for TATC proceedings would not be more than those in court and in most cases, would be considerably less. As of April 2011, 21 marine cases have been dealt with by the TATC. Costs to the federal government average $3,000 to $6,000 per case, depending on whether the case includes only a review, or both a review and an appeal.
As of January 2011, corporate and non-corporate offenders paid $206,175 in relation to 61 AMPs associated with violations of existing provisions. While there have been more notices of violations issued by regional marine safety inspectors since that time, not all cases have been finalized and outcomes reported.
Consultation
The federal government has widely consulted marine industry stakeholders and federal and provincial agencies involved in marine safety on the AMP system and on the policies and regulations that have brought it into effect.
Consultations on this subject date back to the late 1990s, when the CSA 2001 and its compliance and enforcement provisions were originally developed and subsequently debated in Parliament. Consultations on the previous Regulations began in the fall of 2003 and continued until their entry into force on April 3, 2008. These consultations were conducted by Transport Canada Marine Safety (TCMS) under the umbrella of the Canadian Marine Advisory Council (CMAC), which is Transport Canada’s national consultative body for marine matters. Participants include representatives of individuals and parties that have a recognized interest in boating and shipping concerning safety, recreational matters, navigation, marine pollution and response and marine security. All major marine industry stakeholders are represented at CMAC and stakeholders were consulted at both regional and national CMAC meetings. Feedback was sought through discussion and information papers developed and distributed by TCMS.
Consultations on these amendments were an extension of the earlier consultations. Discussion papers containing the proposed designated provisions of the seven regulations, as well as the proposed penalty ranges, were presented at the November 2009 and April 2010 national CMAC meetings. No comments were received from stakeholders during the development of the amendments.
Prepublication
The proposed Regulations were prepublished in the Canada Gazette, Part Ⅰ, on December 17, 2011, followed by a 30-day public comment period. No comments were received.
Implementation, enforcement and service standards
These amendments will not create requirements or offences themselves; rather, they create a new system for enforcing the legislation. Therefore, no specific compliance and enforcement strategy is necessary.
The imposition of an AMP will continue to be only one of the enforcement tools that will be used by TCMS to deal with contraventions of the CSA 2001 and its regulations. Other tools include warnings (oral and written), assurances of compliance, the use of tickets under the Contraventions Act, prosecution in criminal court, suspending or cancelling CMDs, and vessel detention. Deciding which tool is to be used in any particular instance will depend upon the
- (a) seriousness of the contravention;
- (b) circumstances when it was committed (e.g. whether it was committed wilfully or deliberately);
- (c) seriousness of any consequences;
- (d) compliance record of the offender; and
- (e) willingness of the offender to take measures to ensure compliance in the future.
In all cases, the enforcement response by TCMS will be tailored to achieve both compliance and deterrence. AMPs will generally be imposed only where less drastic tools cannot achieve that objective.
Contact
Frank Ritchie
Policy Advisor
Regulatory Services and Quality Assurance (AMSX)
Marine Safety
Transport Canada
Place de Ville, Tower C
330 Sparks Street, 11th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-4643
Fax: 613-991-5670
Email: frank.ritchie@tc.gc.ca
Footnote a
S.C. 2005, c. 29, s. 16(1)
Footnote b
S.C. 2001, c. 26
Footnote 1
SOR/2008-97