Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations: SOR/2018-86
Canada Gazette, Part II, Volume 152, Number 9
Registration
April 23, 2018
CANADA SHIPPING ACT, 2001
P.C. 2018-440 April 20, 2018
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 244(f)footnote a to (h) of the Canada Shipping Act, 2001 footnote b, makes the annexed Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations.
Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations
Amendments
1 Subsection 2(1) of the Administrative Monetary Penalties and Notices (CSA 2001) Regulations footnote 1 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, or the contravention of a direction given under such a provision, 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 Item 4 of Part 1 of the schedule to the Regulations is replaced by the following:
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
4 |
Subsection 20(2) |
600 to 10,000 |
3 Part 1 of the schedule to the Regulations is amended by adding the following in numerical order:
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
68.01 |
Paragraph 167(1)(a) |
1,250 to 25,000 |
|
68.02 |
Paragraph 167(1)(b) |
250 to 5,000 |
X |
68.03 |
Paragraph 168(1)(a) |
1,250 to 25,000 |
|
68.04 |
Subparagraph 168(1)(b)(i) |
250 to 5,000 |
X |
68.05 |
Paragraph 168(1)(c) |
1,250 to 25,000 |
|
68.06 |
Paragraph 168(1)(d) |
1,250 to 25,000 |
|
68.07 |
Paragraph 168(1)(e) |
1,250 to 25,000 |
|
68.08 |
Paragraph 168(3)(a) |
1,250 to 25,000 |
|
68.09 |
Paragraph 168(3)(b) |
1,250 to 25,000 |
|
68.1 |
Section 168.1 |
1,250 to 25,000 |
|
68.11 |
Section 168.2 |
250 to 5,000 |
|
68.12 |
Paragraph 168.3(b) |
1,250 to 25,000 |
|
68.13 |
Paragraph 171(a) |
1,250 to 25,000 |
|
68.14 |
Paragraph 171(b) |
1,250 to 25,000 |
|
68.15 |
Paragraph 171(c) |
600 to 12,000 |
|
68.16 |
Paragraph 171(d) |
1,250 to 25,000 |
|
68.17 |
Paragraph 171(e) |
1,250 to 25,000 |
|
68.18 |
Paragraph 171(f) |
250 to 5,000 |
|
68.19 |
Section 171.1 |
250 to 5,000 |
|
70.01 |
Paragraph 189(a) |
1,250 to 25,000 |
|
70.02 |
Paragraph 189(b) |
1,250 to 25,000 |
|
70.03 |
Paragraph 189(c) |
1,250 to 25,000 |
|
70.04 |
Paragraph 189(d) |
1,250 to 25,000 |
|
70.05 |
Subsection 211(3) |
1,250 to 25,000 |
|
70.06 |
Paragraph 211(4)(a) |
1,250 to 25,000 |
|
70.07 |
Paragraph 211(4)(b) |
1,250 to 25,000 |
|
70.08 |
Paragraph 211(4)(c) |
1,250 to 25,000 |
|
70.09 |
Paragraph 211(4)(d) |
600 to 12,000 |
|
70.1 |
Paragraph 211(4)(d.1) |
1,250 to 25,000 |
|
70.11 |
Paragraph 211(4)(e) |
600 to 12,000 |
|
70.12 |
Subsection 212(2) |
1,250 to 25,000 |
|
77 |
Paragraph 227(1)(a) |
1,250 to 25,000 |
|
78 |
Paragraph 227(1)(b) |
1,250 to 25,000 |
|
79 |
Paragraph 227(1)(c) |
1,250 to 25,000 |
4 The portion of items 1 to 4 of Part 3 of the schedule to the Regulations in column 1 is amended by replacing “Section 4 and subsection” with “Subsection”.
5 The portion of items 5 to 7 of Part 3 of the schedule to the Regulations in column 1 is amended by replacing “Section 4 and Rule” with “Rule”.
6 Part 3 of the schedule to the Regulations is amended by adding the following after item 7:
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
7.1 |
Rule 7(a) of Schedule 1 |
600 to 12,000 |
|
7.2 |
Rule 7(b) of Schedule 1 |
600 to 12,000 |
|
7.3 |
Rule 7(c) of Schedule 1 |
600 to 12,000 |
7 The portion of items 8 to 111 of Part 3 of the schedule to the Regulations in column 1 is amended by replacing “Section 4 and Rule” with “Rule”.
8 Part 3 of the schedule to the Regulations is amended by adding the following after item 111:
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
111.1 |
Rule 45(c) of Schedule 1 |
600 to 2,400 |
9 The portion of items 112 to 114 of Part 3 of the schedule to the Regulations in column 1 is amended by replacing “Section 4 and Rule” with “Rule”.
10 The portion of item 9 of Part 7 of the schedule to the Regulations in column 2 is amended by replacing “6,000 to 25,000” with “1,250 to 25,000”.
11 The schedule to the Regulations is amended by adding the following after Part 8:
PART 9
Violations of the Ballast Water Control and Management Regulations
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1 |
Subsection 5(4) |
600 to 12,000 |
|
2 |
Subsection 6(2) |
1,250 to 25,000 |
|
3 |
Subsection 6(3) |
600 to 12,000 |
|
4 |
Subsection 7(2) |
1,250 to 25,000 |
|
5 |
Subsection 10(1) |
1,250 to 25,000 |
|
6 |
Subsection 11(1) |
1,250 to 25,000 |
|
7 |
Section 12 |
600 to 12,000 |
|
8 |
Subsection 13(2) |
1,250 to 25,000 |
|
9 |
Subsection 13(3) |
1,250 to 25,000 |
|
10 |
Subsection 13(4) |
1,250 to 25,000 |
|
11 |
Subsection 14(1) |
600 to 10,000 |
|
12 |
Subsection 14(2) |
600 to 10,000 |
PART 10
Violations of the Small Vessel Regulations
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1 |
Section 3 |
600 to 12,000 |
|
2 |
Subsection 5(1) |
600 to 12,000 |
|
3 |
Subsection 5(2) |
600 to 12,000 |
|
4 |
Subsection 6(1) |
600 to 12,000 |
X |
5 |
Subsection 6(2) |
250 to 5,000 |
X |
6 |
Subsection 7(1) |
600 to 12,000 |
X |
7 |
Section 9 |
600 to 12,000 |
X |
8 |
Subsection 10(1) |
600 to 12,000 |
|
9 |
Subsection 10(3) |
250 to 5,000 |
|
10 |
Subsection 12(2) |
250 to 5,000 |
X |
11 |
Subsection 16(1) |
600 to 12,000 |
X |
12 |
Section 18 |
250 to 5,000 |
|
13 |
Section 19 |
250 to 5,000 |
|
14 |
Section 21 |
600 to 12,000 |
|
15 |
Section 22 |
250 to 5,000 |
|
16 |
Section 302 |
600 to 12,000 |
|
17 |
Paragraph 303(1)(a) |
600 to 12,000 |
|
18 |
Paragraph 303(1)(b) |
250 to 5,000 |
|
19 |
Subsection 303(2) |
600 to 12,000 |
|
20 |
Section 304 |
600 to 12,000 |
|
21 |
Subsection 305(1) |
250 to 5,000 |
|
22 |
Subsection 305(2) |
250 to 5,000 |
|
23 |
Section 306 |
600 to 12,000 |
|
24 |
Section 307 |
600 to 12,000 |
|
25 |
Subsection 308(1) |
250 to 5,000 |
|
26 |
Subsection 308(2) |
250 to 5,000 |
|
27 |
Section 309 |
600 to 12,000 |
|
28 |
Paragraph 310(1)(a) |
600 to 12,000 |
|
29 |
Paragraph 310(1)(b), item 1 of the table |
600 to 12,000 |
|
30 |
Subsection 310(2) |
600 to 12,000 |
|
31 |
Subsection 311(1), items 1 and 2 of the table |
250 to 5,000 |
|
32 |
Paragraph 313(3)(a) |
600 to 12,000 |
|
33 |
Paragraph 313(3)(b) |
250 to 5,000 |
|
34 |
Paragraph 313(3)(c) |
250 to 5,000 |
|
35 |
Subsection 401(1) |
600 to 12,000 |
|
36 |
Subsection 401(2) |
600 to 12,000 |
|
37 |
Subsection 402(1) |
250 to 5,000 |
|
38 |
Subsection 402(2) |
250 to 5,000 |
|
39 |
Section 403 |
600 to 12,000 |
|
40 |
Subsection 404(1) |
600 to 12,000 |
X |
41 |
Subsection 404(2) |
600 to 12,000 |
X |
42 |
Subsection 404(3) |
600 to 12,000 |
X |
43 |
Section 405 |
250 to 5,000 |
X |
44 |
Section 406 |
250 to 5,000 |
|
45 |
Section 407 |
600 to 12,000 |
|
46 |
Subsection 409(1) |
600 to 12,000 |
|
47 |
Section 410 |
250 to 5,000 |
|
48 |
Subsection 411(2) |
600 to 12,000 |
|
49 |
Subsection 412(1) |
250 to 5,000 |
|
50 |
Subsection 413(1) |
250 to 5,000 |
|
51 |
Subsection 414(1) |
600 to 12,000 |
|
52 |
Subsection 414(3) |
600 to 12,000 |
|
53 |
Subsection 414(4) |
600 to 12,000 |
|
54 |
Subsection 415(1) |
600 to 12,000 |
|
55 |
Subsection 415(2) |
600 to 12,000 |
|
56 |
Subsection 415(3) |
600 to 12,000 |
|
57 |
Section 416 |
600 to 12,000 |
X |
58 |
Section 417 |
600 to 12,000 |
X |
59 |
Subsection 418(1) |
250 to 5,000 |
X |
60 |
Section 419 |
600 to 12,000 |
X |
61 |
Section 420 |
600 to 12,000 |
|
62 |
Subsection 501(1) |
600 to 12,000 |
X |
63 |
Subsection 501(2) |
600 to 12,000 |
X |
64 |
Section 502 |
250 to 5,000 |
X |
65 |
Section 503 |
250 to 5,000 |
X |
66 |
Section 504 |
600 to 12,000 |
|
67 |
Subsection 506(1) |
600 to 12,000 |
|
68 |
Subsection 507(1) |
250 to 5,000 |
|
69 |
Subsection 508(1) |
600 to 12,000 |
|
70 |
Subsection 509(1) |
600 to 12,000 |
|
71 |
Subsection 510(1) |
250 to 5,000 |
|
72 |
Subsection 511(1) |
250 to 5,000 |
|
73 |
Subsection 512(1) |
600 to 12,000 |
|
74 |
Subsection 512(3) |
600 to 12,000 |
|
75 |
Subsection 512(4) |
600 to 12,000 |
|
76 |
Subsection 513(1) |
600 to 12,000 |
X |
77 |
Subsection 513(2) |
600 to 12,000 |
X |
78 |
Subsection 513(3) |
600 to 12,000 |
X |
79 |
Section 514 |
600 to 12,000 |
X |
80 |
Section 515 |
600 to 12,000 |
X |
81 |
Paragraph 516(1)(a) |
250 to 5,000 |
X |
82 |
Paragraph 516(1)(b) |
250 to 5,000 |
X |
83 |
Section 519 |
600 to 12,000 |
X |
84 |
Section 520 |
600 to 12,000 |
|
85 |
Paragraphs 521(a) to (d) |
600 to 12,000 |
|
86 |
Paragraph 521(e) |
600 to 12,000 |
X |
87 |
Paragraph 521(f) |
600 to 12,000 |
X |
88 |
Subsection 601(2) |
600 to 12,000 |
X |
89 |
Subsection 602(1) |
600 to 12,000 |
X |
90 |
Section 603 |
600 to 12,000 |
X |
91 |
Subsection 604(1) |
600 to 12,000 |
X |
92 |
Subsection 604(2) |
600 to 12,000 |
X |
93 |
Subsection 604(3) |
600 to 12,000 |
X |
94 |
Section 605 |
600 to 12,000 |
X |
95 |
Section 606 |
600 to 12,000 |
X |
96 |
Section 607 |
600 to 12,000 |
X |
97 |
Subsection 608(1) |
600 to 12,000 |
X |
98 |
Section 609 |
600 to 12,000 |
X |
99 |
Subsection 705(1) |
600 to 12,000 |
X |
100 |
Subsection 705(2) |
250 to 5,000 |
X |
101 |
Section 706 |
600 to 12,000 |
|
102 |
Subsection 707(1) |
600 to 12,000 |
|
103 |
Subsection 707(2) |
600 to 12,000 |
|
104 |
Subsection 708(1) |
600 to 12,000 |
|
105 |
Subsection 708(6) |
600 to 12,000 |
|
106 |
Subsection 710(1) |
600 to 12,000 |
|
107 |
Subsection 710(2) |
600 to 12,000 |
|
108 |
Paragraph 711(1)(a) |
250 to 5,000 |
|
109 |
Subsection 712(1) |
600 to 12,000 |
X |
110 |
Subsection 712(2) |
600 to 12,000 |
X |
111 |
Subsection 713(1) |
600 to 12,000 |
|
112 |
Subsection 713(2) |
600 to 12,000 |
|
113 |
Subsection 713(3) |
600 to 12,000 |
|
114 |
Subsection 713(4) |
600 to 12,000 |
|
115 |
Subsection 713(5) |
600 to 12,000 |
|
116 |
Subsection 713(6) |
250 to 5,000 |
|
117 |
Section 714 |
600 to 12,000 |
X |
118 |
Subsection 716(1) |
600 to 12,000 |
X |
119 |
Subsection 716(2) |
250 to 5,000 |
|
120 |
Subsection 717(2) |
600 to 12,000 |
X |
121 |
Subsection 717(3) |
600 to 12,000 |
X |
122 |
Subsection 717(4) |
250 to 5,000 |
|
123 |
Subsection 718(1) |
600 to 12,000 |
X |
124 |
Subsection 718(3) |
250 to 5,000 |
X |
125 |
Subsection 718(4) |
600 to 12,000 |
X |
126 |
Section 719 |
600 to 12,000 |
X |
127 |
Section 720 |
600 to 12,000 |
X |
128 |
Subsection 721(1) |
600 to 12,000 |
X |
129 |
Subsection 721(2) |
600 to 12,000 |
X |
130 |
Subsection 721(3) |
600 to 12,000 |
X |
131 |
Section 722 |
600 to 12,000 |
|
132 |
Section 723 |
600 to 12,000 |
X |
133 |
Subsection 724(1) |
600 to 12,000 |
X |
134 |
Subsection 724(2) |
600 to 12,000 |
X |
135 |
Subsection 724(3) |
600 to 12,000 |
X |
136 |
Subsection 724(4) |
600 to 12,000 |
X |
137 |
Paragraph 725(1)(a) |
600 to 12,000 |
X |
138 |
Subsection 725(2) |
600 to 12,000 |
X |
139 |
Section 726 |
250 to 5,000 |
|
140 |
Subsection 727(1) |
250 to 5,000 |
|
141 |
Subsection 727(2) |
250 to 5,000 |
|
142 |
Subsection 727(3) |
250 to 5,000 |
|
143 |
Subsection 727(4) |
250 to 5,000 |
|
144 |
Paragraph 728(1)(a) |
600 to 12,000 |
X |
145 |
Paragraph 728(1)(b) |
600 to 12,000 |
X |
146 |
Subsection 728(2) |
600 to 12,000 |
X |
147 |
Paragraph 729(1)(a) |
600 to 12,000 |
|
148 |
Paragraph 729(1)(b) |
250 to 5,000 |
|
149 |
Paragraph 729(1)(c) |
250 to 5,000 |
|
150 |
Section 730 |
600 to 12,000 |
|
151 |
Paragraph 731(1)(a) |
600 to 12,000 |
X |
152 |
Section 732 |
600 to 12,000 |
X |
153 |
Section 733 |
600 to 12,000 |
X |
154 |
Subsection 735(1) |
600 to 12,000 |
X |
155 |
Subsection 735(2) |
600 to 12,000 |
X |
156 |
Subsection 735(3) |
600 to 12,000 |
X |
157 |
Subsection 736(1) |
600 to 12,000 |
X |
158 |
Paragraph 736(2)(a) |
600 to 12,000 |
X |
159 |
Subsection 736(3) |
600 to 12,000 |
X |
160 |
Subsection 737(1) |
600 to 12,000 |
X |
161 |
Subsection 737(2) |
600 to 12,000 |
X |
162 |
Paragraph 737(3)(a) |
600 to 12,000 |
X |
163 |
Section 738 |
600 to 12,000 |
X |
164 |
Section 739 |
250 to 5,000 |
X |
165 |
Section 740 |
600 to 12,000 |
X |
166 |
Subsection 741(1) |
600 to 12,000 |
X |
167 |
Subsection 741(3) |
600 to 12,000 |
|
168 |
Subsection 742(1) |
600 to 12,000 |
X |
169 |
Subsection 801(1) |
250 to 5,000 |
X |
170 |
Subsection 801(3) |
250 to 5,000 |
X |
171 |
Paragraph 801(4)(a) |
250 to 5,000 |
|
172 |
Paragraph 801(4)(b) |
600 to 12,000 |
X |
173 |
Subsection 803(1) |
600 to 12,000 |
|
174 |
Subsection 803(2) |
600 to 12,000 |
|
175 |
Subsection 803(4) |
250 to 5,000 |
|
176 |
Subsection 804(1) |
250 to 5,000 |
|
177 |
Subsection 804(2) |
250 to 5,000 |
|
178 |
Subsection 805(1) |
250 to 5,000 |
|
179 |
Subsection 805(2) |
250 to 5,000 |
|
180 |
Subsection 806(1) |
600 to 12,000 |
|
181 |
Subsection 806(2) |
600 to 12,000 |
|
182 |
Section 810 |
600 to 12,000 |
|
183 |
Section 901 |
600 to 12,000 |
|
184 |
Subsection 902(1) |
600 to 12,000 |
|
185 |
Subsection 903(1) |
600 to 12,000 |
|
186 |
Subsection 903(2) |
600 to 12,000 |
|
187 |
Subsection 903(3) |
600 to 12,000 |
|
188 |
Subsection 903(4) |
600 to 12,000 |
|
189 |
Subsection 903(5) |
600 to 12,000 |
|
190 |
Subsection 903(6) |
600 to 12,000 |
|
191 |
Subsection 903(7) |
600 to 12,000 |
|
192 |
Subsection 903(8) |
600 to 12,000 |
|
193 |
Subsection 903(11) |
250 to 5,000 |
|
194 |
Subsection 903(12) |
250 to 5,000 |
|
195 |
Subsection 903(13) |
600 to 12,000 |
|
196 |
Subsection 1000(1) |
250 to 5,000 |
|
197 |
Subsection 1000(2) |
250 to 5,000 |
|
198 |
Section 1001 |
600 to 12,000 |
|
199 |
Subsection 1002(1) |
600 to 12,000 |
|
200 |
Subsection 1002(2) |
600 to 12,000 |
|
201 |
Paragraph 1002(3)(a) |
600 to 12,000 |
|
202 |
Paragraph 1002(3)(b) |
600 to 12,000 |
|
203 |
Subsection 1002(4) |
600 to 12,000 |
|
204 |
Subsection 1002(5) |
600 to 12,000 |
|
205 |
Subsection 1002(6) |
600 to 12,000 |
|
206 |
Paragraph 1003(a) |
600 to 12,000 |
|
207 |
Section 1004 |
600 to 12,000 |
|
208 |
Subsection 1005(1) |
600 to 12,000 |
|
209 |
Paragraph 1006(a) |
600 to 12,000 |
|
210 |
Paragraph 1006(b) |
600 to 12,000 |
|
211 |
Section 1007 |
600 to 12,000 |
PART 11
Violations of the Fire and Boat Drills Regulations
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1 |
Subsection 3(1) |
250 to 5,000 |
|
2 |
Subsection 3(2) |
250 to 25,000 |
|
3 |
Subsection 5(1) |
250 to 5,000 |
|
4 |
Section 6 |
250 to 5,000 |
|
5 |
Subsection 9(2) |
600 to 12,000 |
|
6 |
Section 10 |
600 to 12,000 |
|
7 |
Paragraph 11(1)(a) |
600 to 12,000 |
|
8 |
Subsection 11(2) |
600 to 12,000 |
|
9 |
Section 12 |
1,250 to 25,000 |
|
10 |
Subsection 13(1) |
600 to 12,000 |
|
11 |
Subsection 13(2) |
600 to 12,000 |
|
12 |
Subsection 15(1) |
250 to 5,000 |
|
13 |
Section 18 |
600 to 12,000 |
|
14 |
Subsection 20(1) |
600 to 12,000 |
|
15 |
Subsection 20(2) |
600 to 12,000 |
|
16 |
Subsection 20(3) |
600 to 12,000 |
|
17 |
Section 21 |
600 to 12,000 |
|
18 |
Section 26 |
600 to 12,000 |
|
19 |
Subsection 27(1) |
600 to 12,000 |
|
20 |
Subsection 28(1) |
600 to 12,000 |
|
21 |
Section 30 |
600 to 12,000 |
|
22 |
Subsection 31(1) |
600 to 12,000 |
|
23 |
Section 32 |
600 to 12,000 |
|
24 |
Section 33 |
600 to 12,000 |
|
25 |
Section 34 |
600 to 12,000 |
|
26 |
Section 35 |
600 to 12,000 |
|
27 |
Paragraph 37(1)(a) |
250 to 5,000 |
|
28 |
Subsection 37(3) |
600 to 10,000 |
PART 12
Violation of the Safety Management Regulations
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1 |
Section 3 |
1,250 to 25,000 |
PART 13
Violations of the Vessel Pollution and Dangerous Chemicals Regulations
| Item |
Column 1 |
Column 2 |
Column 3 |
|---|---|---|---|
1 |
Subsection 7(1) |
1,250 to 25,000 |
X |
2 |
Subsection 7(2) |
1,250 to 25,000 |
X |
3 |
Subsection 7(3) |
1,250 to 25,000 |
X |
4 |
Subsection 9(1) |
1,250 to 25,000 |
X |
5 |
Subsection 9(2) |
1,250 to 25,000 |
X |
6 |
Subsection 12(1) |
1,250 to 25,000 |
X |
7 |
Subsection 12(8) |
1,250 to 25,000 |
X |
8 |
Subsection 14(1) |
1,250 to 25,000 |
X |
9 |
Subsection 15(1) |
1,250 to 25,000 |
X |
10 |
Subsection 15(2) |
1,250 to 25,000 |
X |
11 |
Section 16 |
1,250 to 25,000 |
X |
12 |
Subsection 17(1) |
1,250 to 25,000 |
X |
13 |
Section 18 |
1,250 to 25,000 |
X |
14 |
Paragraph 19(1)(a) |
1,250 to 25,000 |
X |
15 |
Paragraph 19(1)(b) |
1,250 to 25,000 |
X |
16 |
Paragraph 19(1)(c) |
1,250 to 25,000 |
X |
17 |
Subsection 20(1) |
1,250 to 25,000 |
X |
18 |
Subsection 20(2) |
1,250 to 25,000 |
X |
19 |
Subsection 20(3) |
1,250 to 25,000 |
X |
20 |
Section 21 |
1,250 to 25,000 |
X |
21 |
Subsection 22(1) |
1,250 to 25,000 |
X |
22 |
Subsection 22(2) |
1,250 to 25,000 |
X |
23 |
Subsection 24(1) |
600 to 12,000 |
X |
24 |
Subsection 24(2) |
600 to 12,000 |
X |
25 |
Subsection 24(3) |
1,250 to 25,000 |
X |
26 |
Paragraph 25(1)(a) |
600 to 12,000 |
|
27 |
Subparagraph 25(1)(b)(i) |
600 to 12,000 |
|
28 |
Subparagraph 25(1)(b)(ii) |
600 to 12,000 |
|
29 |
Paragraph 25(1)(c) |
600 to 12,000 |
|
30 |
Subsection 25(2) |
600 to 12,000 |
|
31 |
Subsection 26(1) |
1,250 to 25,000 |
X |
32 |
Subsection 27(1) |
1,250 to 25,000 |
|
33 |
Subsection 27(4) |
1,250 to 25,000 |
|
34 |
Section 27.1 |
1,250 to 25,000 |
|
35 |
Section 29 |
1,250 to 25,000 |
X |
36 |
Section 33 |
1,250 to 25,000 |
X |
37 |
Subsection 34(1) |
1,250 to 25,000 |
X |
38 |
Subsection 35(1) |
1,250 to 25,000 |
X |
39 |
Subsection 35(2) |
600 to 12,000 |
X |
40 |
Subsection 35(3) |
1,250 to 25,000 |
X |
41 |
Subsection 35(4) |
1,250 to 25,000 |
X |
42 |
Section 36 |
1,250 to 25,000 |
|
43 |
Subsection 36.1(1) |
1,250 to 25,000 |
|
44 |
Subsection 36.1(2) |
1,250 to 25,000 |
|
45 |
Section 37 |
1,250 to 25,000 |
|
46 |
Subsection 38(1) |
1,250 to 25,000 |
|
47 |
Subsection 38(2) |
1,250 to 25,000 |
|
48 |
Section 39 |
1,250 to 25,000 |
|
49 |
Subsection 39.1(1) |
1,250 to 25,000 |
|
50 |
Subsection 40(1) |
1,250 to 25,000 |
X |
51 |
Subsection 40(2) |
1,250 to 25,000 |
X |
52 |
Paragraph 40(3)(a) |
1,250 to 25,000 |
|
53 |
Paragraph 40(3)(b) |
600 to 12,000 |
|
54 |
Subparagraph 40(4)(a)(i) |
1,250 to 25,000 |
|
55 |
Subparagraph 40(4)(a)(ii) |
1,250 to 25,000 |
|
56 |
Paragraph 40(4)(b) |
600 to 12,000 |
|
57 |
Paragraph 40(4)(c) |
600 to 12,000 |
|
58 |
Paragraph 40(6)(a) |
1,250 to 25,000 |
|
59 |
Paragraph 40(6)(b) |
600 to 12,000 |
|
60 |
Subparagraph 40(7)(a)(i) |
1,250 to 25,000 |
|
61 |
Subparagraph 40(7)(a)(ii) |
1,250 to 25,000 |
|
62 |
Paragraph 40(7)(b) |
600 to 12,000 |
|
63 |
Paragraph 40(7)(c) |
600 to 12,000 |
|
64 |
Subsection 40(9) |
600 to 12,000 |
|
65 |
Subsection 41(1) |
1,250 to 25,000 |
|
66 |
Subsection 41(2) |
600 to 10,000 |
|
67 |
Section 42 |
1,250 to 25,000 |
|
68 |
Subsection 42.1(1) |
1,250 to 25,000 |
|
69 |
Subsection 42.1(2) |
600 to 12,000 |
|
70 |
Subsection 43(2) |
1,250 to 25,000 |
|
71 |
Subsection 44(4) |
1,250 to 25,000 |
|
72 |
Subsection 45(4) |
1,250 to 25,000 |
|
73 |
Subsection 46(3) |
1,250 to 25,000 |
|
74 |
Subsection 46(4) |
1,250 to 25,000 |
|
75 |
Section 47 |
1,250 to 25,000 |
|
76 |
Paragraph 50(1)(a) |
1,250 to 25,000 |
X |
77 |
Paragraph 50(1)(b) |
1,250 to 25,000 |
X |
78 |
Subsection 52(1) |
1,250 to 25,000 |
X |
79 |
Subsection 52(2) |
1,250 to 25,000 |
X |
80 |
Subsection 52(3) |
1,250 to 25,000 |
|
81 |
Subsection 53(1) |
1,250 to 25,000 |
X |
82 |
Subsection 53(2) |
1,250 to 25,000 |
X |
83 |
Subsection 55(1) |
600 to 12,000 |
X |
84 |
Subsection 55(2) |
600 to 12,000 |
X |
85 |
Subsection 55(3) |
600 to 12,000 |
X |
86 |
Subsection 55(4) |
600 to 12,000 |
X |
87 |
Subsection 55(5) |
600 to 12,000 |
X |
88 |
Subsection 55(6) |
1,250 to 25,000 |
X |
89 |
Paragraph 56(1)(a) |
600 to 12,000 |
X |
90 |
Subparagraph 56(1)(b)(i) |
600 to 12,000 |
X |
91 |
Subparagraph 56(1)(b)(ii) |
600 to 12,000 |
X |
92 |
Paragraph 56(1)(c) |
600 to 12,000 |
X |
93 |
Subparagraph 56(1)(d)(i) |
600 to 12,000 |
X |
94 |
Subparagraph 56(1)(d)(ii) |
600 to 12,000 |
X |
95 |
Paragraph 56(1)(e) |
600 to 12,000 |
X |
96 |
Subsection 56(3) |
600 to 12,000 |
X |
97 |
Subsection 56(4) |
600 to 12,000 |
X |
98 |
Subsection 57(1) |
1,250 to 25,000 |
X |
99 |
Section 58 |
1,250 to 25,000 |
|
100 |
Section 59 |
1,250 to 25,000 |
X |
101 |
Subsection 60(1) |
1,250 to 25,000 |
X |
102 |
Subsection 60(2) |
1,250 to 25,000 |
X |
103 |
Subsection 60(3) |
1,250 to 25,000 |
X |
104 |
Section 61 |
1,250 to 25,000 |
X |
105 |
Subsection 62(1) |
1,250 to 25,000 |
X |
106 |
Subsection 62(2) |
1,250 to 25,000 |
X |
107 |
Subsection 62(3) |
1,250 to 25,000 |
X |
108 |
Paragraph 63(1)(a) |
1,250 to 25,000 |
X |
109 |
Paragraph 63(1)(b) |
1,250 to 25,000 |
X |
110 |
Paragraph 63(1)(c) |
1,250 to 25,000 |
X |
111 |
Subsection 63(2) |
1,250 to 25,000 |
X |
112 |
Subsection 63(4) |
1,250 to 25,000 |
X |
113 |
Paragraph 64(2)(a) |
1,250 to 25,000 |
X |
114 |
Paragraph 64(2)(b) |
1,250 to 25,000 |
X |
115 |
Paragraph 65(a) |
1,250 to 25,000 |
|
116 |
Paragraph 65(b) |
1,250 to 25,000 |
|
117 |
Paragraph 67(1)(a) |
1,250 to 25,000 |
X |
118 |
Paragraph 67(1)(b) |
1,250 to 25,000 |
X |
119 |
Section 73 |
1,250 to 25,000 |
X |
120 |
Subsection 74(1) |
1,250 to 25,000 |
X |
121 |
Subsection 75(1) |
1,250 to 25,000 |
X |
122 |
Subsection 75(2) |
1,250 to 25,000 |
X |
123 |
Subsection 75(3) |
1,250 to 25,000 |
X |
124 |
Subsection 75(4) |
1,250 to 25,000 |
X |
125 |
Section 76 |
1,250 to 25,000 |
X |
126 |
Paragraph 77(1)(a) |
1,250 to 25,000 |
|
127 |
Paragraph 77(1)(b) |
1,250 to 25,000 |
|
128 |
Paragraph 77(1)(c) |
1,250 to 25,000 |
|
129 |
Paragraph 77(1)(d) |
1,250 to 25,000 |
|
130 |
Paragraph 77(1)(e) |
1,250 to 25,000 |
|
131 |
Paragraph 77(1)(f) |
1,250 to 25,000 |
|
132 |
Paragraph 77(1)(g) |
1,250 to 25,000 |
|
133 |
Paragraph 77(1)(h) |
1,250 to 25,000 |
|
134 |
Paragraph 77(1)(i) |
1,250 to 25,000 |
|
135 |
Paragraph 77(1)(j) |
1,250 to 25,000 |
|
136 |
Paragraph 77(1)(k) |
1,250 to 25,000 |
|
137 |
Paragraph 77(1)(l) |
1,250 to 25,000 |
|
138 |
Paragraph 77(1)(m) |
1,250 to 25,000 |
|
139 |
Paragraph 77(1)(n) |
1,250 to 25,000 |
|
140 |
Paragraph 77(1)(o) |
1,250 to 25,000 |
|
141 |
Paragraph 77(1)(p) |
1,250 to 25,000 |
|
142 |
Paragraph 77(1)(q) |
1,250 to 25,000 |
|
143 |
Paragraph 77(1)(r) |
1,250 to 25,000 |
|
144 |
Paragraph 77(1)(s) |
1,250 to 25,000 |
|
145 |
Paragraph 77(1)(t) |
1,250 to 25,000 |
|
146 |
Subsection 77(2) |
1,250 to 25,000 |
X |
147 |
Section 78 |
1,250 to 25,000 |
X |
148 |
Subsection 79(1) |
1,250 to 25,000 |
X |
149 |
Paragraph 79(2)(a) |
1,250 to 25,000 |
X |
150 |
Paragraph 79(2)(b) |
600 to 12,000 |
X |
151 |
Paragraph 79(3)(a) |
1,250 to 25,000 |
X |
152 |
Paragraph 79(3)(b) |
600 to 12,000 |
X |
153 |
Paragraph 79(3)(c) |
600 to 12,000 |
X |
154 |
Subsection 79(5) |
600 to 12,000 |
X |
155 |
Subsection 80(1) |
1,250 to 25,000 |
X |
156 |
Subsection 80(2) |
600 to 10,000 |
X |
157 |
Subsection 82(1) |
1,250 to 25,000 |
X |
158 |
Subsection 82(3) |
1,250 to 25,000 |
X |
159 |
Subsection 86(1) |
1,250 to 25,000 |
|
160 |
Paragraph 86(2)(a) |
1,250 to 25,000 |
|
161 |
Paragraph 86(2)(b) |
1,250 to 25,000 |
|
162 |
Section 87 |
1,250 to 25,000 |
X |
163 |
Subsection 89(1) |
1,250 to 25,000 |
|
164 |
Subsection 89(2) |
1,250 to 25,000 |
|
165 |
Subsection 92(1) |
600 to 12,000 |
|
166 |
Subparagraph 93(1)(a)(i) |
600 to 12,000 |
|
167 |
Subparagraph 93(1)(a)(ii) |
600 to 12,000 |
|
168 |
Paragraph 93(1)(b) |
600 to 12,000 |
|
169 |
Subsection 93(2) |
600 to 12,000 |
|
170 |
Subsection 93(3) |
600 to 10,000 |
|
171 |
Paragraph 93(4)(a) |
600 to 10,000 |
|
172 |
Paragraph 93(4)(b) |
600 to 10,000 |
|
173 |
Section 95 |
250 to 25,000 |
X |
174 |
Subsection 97(2) |
600 to 10,000 |
X |
175 |
Section 100 |
1,250 to 25,000 |
X |
176 |
Subsection 103(1) |
600 to 12,000 |
X |
177 |
Subsection 104(1) |
600 to 12,000 |
|
178 |
Subsection 104(2) |
600 to 12,000 |
|
179 |
Subsection 105(1) |
600 to 12,000 |
|
180 |
Paragraph 106(1)(a) |
600 to 12,000 |
|
181 |
Paragraph 106(1)(b) |
600 to 12,000 |
X |
182 |
Paragraph 106(2)(a) |
1,250 to 25,000 |
X |
183 |
Paragraph 106(2)(b) |
600 to 12,000 |
X |
184 |
Paragraph 106(2)(c) |
600 to 12,000 |
X |
185 |
Subsection 106(3) |
600 to 12,000 |
X |
186 |
Subsection 106(6) |
250 to 5,000 |
X |
187 |
Subsection 107(1) |
600 to 12,000 |
X |
188 |
Subsection 107(2) |
600 to 12,000 |
X |
189 |
Subsection 109(1) |
1,250 to 25,000 |
X |
190 |
Subsection 109(3) |
1,250 to 25,000 |
X |
191 |
Subsection 110.1(3) |
1,250 to 25,000 |
X |
192 |
Subsection 110.2(3) |
1,250 to 25,000 |
X |
193 |
Subsection 110.3(4) |
1,250 to 25,000 |
X |
194 |
Paragraph 111(1)(a) |
1,250 to 25,000 |
X |
195 |
Paragraph 111(1)(b) |
1,250 to 25,000 |
X |
196 |
Paragraph 111(1)(c) |
1,250 to 25,000 |
X |
197 |
Paragraph 111(1)(d) |
1,250 to 25,000 |
X |
198 |
Paragraph 111(1)(e) |
1,250 to 25,000 |
X |
199 |
Paragraph 111(1)(f) |
1,250 to 25,000 |
X |
200 |
Paragraph 111(1)(g) |
1,250 to 25,000 |
X |
201 |
Paragraph 111(1)(h) |
1,250 to 25,000 |
X |
202 |
Paragraph 111(1)(i) |
1,250 to 25,000 |
X |
203 |
Paragraph 111(1)(j) |
1,250 to 25,000 |
X |
204 |
Paragraph 111(1)(k) |
1,250 to 25,000 |
X |
205 |
Paragraph 111(1)(l) |
1,250 to 25,000 |
X |
206 |
Subsection 111(2) |
1,250 to 25,000 |
|
207 |
Paragraph 111.2(a) |
1,250 to 25,000 |
|
208 |
Paragraph 111.2(b) |
1,250 to 25,000 |
|
209 |
Paragraph 111.2(c) |
1,250 to 25,000 |
|
210 |
Paragraph 111.2(d) |
600 to 12,000 |
|
211 |
Paragraph 111.2(e) |
600 to 12,000 |
|
212 |
Subsection 112(1) |
1,250 to 25,000 |
X |
213 |
Subsection 112(3) |
1,250 to 25,000 |
|
214 |
Section 113 |
1,250 to 25,000 |
X |
215 |
Subsection 114(1) |
1,250 to 25,000 |
X |
216 |
Subsection 114(3) |
1,250 to 25,000 |
|
217 |
Subsection 115(2) |
1,250 to 25,000 |
X |
218 |
Subsection 115(3) |
1,250 to 25,000 |
X |
219 |
Subsection 115(4) |
1,250 to 25,000 |
X |
220 |
Subsection 115(5) |
1,250 to 25,000 |
X |
221 |
Subparagraph 116(1)(a)(i) |
1,250 to 25,000 |
X |
222 |
Subparagraph 116(1)(a)(ii) |
1,250 to 25,000 |
X |
223 |
Subparagraph 116(1)(a)(iii) |
1,250 to 25,000 |
X |
224 |
Subparagraph 116(1)(a)(iv) |
1,250 to 25,000 |
X |
225 |
Subparagraph 116(1)(b)(i) |
1,250 to 25,000 |
X |
226 |
Subparagraph 116(1)(b)(ii) |
1,250 to 25,000 |
X |
227 |
Subparagraph 116(1)(b)(iii) |
1,250 to 25,000 |
X |
228 |
Subparagraph 116(1)(b)(iv) |
1,250 to 25,000 |
X |
229 |
Subsection 116.1(1) |
1,250 to 25,000 |
|
230 |
Subsection 116.1(2) |
1,250 to 25,000 |
|
231 |
Subsection 116.1(3) |
1,250 to 25,000 |
|
232 |
Paragraph 116.2(3)(a) |
1,250 to 25,000 |
|
233 |
Paragraph 116.2(3)(b) |
1,250 to 25,000 |
|
234 |
Paragraph 116.2(4)(a) |
1,250 to 25,000 |
|
235 |
Paragraph 116.2(4)(b) |
1,250 to 25,000 |
|
236 |
Subsection 119(1) |
1,250 to 25,000 |
X |
237 |
Subsection 119(3) |
1,250 to 25,000 |
X |
238 |
Subsection 121(1) |
600 to 12,000 |
X |
239 |
Subsection 121(2) |
600 to 12,000 |
X |
240 |
Subsection 121(3) |
1,250 to 25,000 |
X |
241 |
Subparagraph 122(1)(a)(i) |
600 to 12,000 |
X |
242 |
Clause 122(1)(a)(ii)(A) |
600 to 12,000 |
X |
243 |
Clause 122(1)(a)(ii)(B) |
600 to 12,000 |
X |
244 |
Subparagraph 122(1)(a)(iii) |
600 to 12,000 |
X |
245 |
Subparagraph 122(1)(b)(i) |
600 to 12,000 |
X |
246 |
Subsection 122(2) |
600 to 12,000 |
|
247 |
Subparagraph 122(3)(a)(i) |
600 to 12,000 |
|
248 |
Subparagraph 122(3)(a)(ii) |
600 to 12,000 |
|
249 |
Paragraph 122(3)(b) |
600 to 12,000 |
|
250 |
Subsection 122(4) |
600 to 12,000 |
|
251 |
Section 123 |
600 to 12,000 |
X |
252 |
Subsection 124(1) |
1,250 to 25,000 |
X |
253 |
Subsection 124(2) |
600 to 12,000 |
X |
254 |
Subsection 124(3) |
600 to 12,000 |
X |
255 |
Subsection 124.1(1) |
1,250 to 25,000 |
|
256 |
Subsection 124.1(2) |
600 to 12,000 |
|
257 |
Subsection 124.1(3) |
600 to 12,000 |
|
258 |
Paragraph 126(1)(a) |
600 to 10,000 |
X |
259 |
Paragraph 126(1)(b) |
600 to 10,000 |
X |
260 |
Subsection 127(1) |
1,250 to 25,000 |
X |
261 |
Section 129 |
600 to 12,000 |
X |
262 |
Subparagraph 130(a)(i) |
1,250 to 25,000 |
X |
263 |
Subparagraph 130(a)(ii) |
1,250 to 25,000 |
X |
264 |
Paragraph 130(b) |
1,250 to 25,000 |
X |
265 |
Subsection 131(2) |
600 to 12,000 |
X |
266 |
Subsection 131(5) |
600 to 12,000 |
X |
267 |
Subsection 131.1(4) |
1,250 to 25,000 |
X |
268 |
Paragraph 131.1(5)(a) |
1,250 to 25,000 |
X |
269 |
Paragraph 131.1(5)(b) |
1,250 to 25,000 |
X |
270 |
Subparagraph 131.1(6)(a)(i) |
600 to 12,000 |
|
271 |
Paragraph 132(1)(a) |
600 to 10,000 |
X |
272 |
Paragraph 132(1)(b) |
600 to 10,000 |
X |
273 |
Paragraph 132(2)(a) |
1,250 to 25,000 |
X |
274 |
Paragraph 132(2)(b) |
1,250 to 25,000 |
X |
275 |
Paragraph 132(3)(a) |
600 to 10,000 |
X |
276 |
Subsection 132(4) |
1,250 to 25,000 |
X |
277 |
Subsection 132(5) |
600 to 10,000 |
X |
278 |
Subsection 132(6) |
600 to 10,000 |
X |
279 |
Subsection 132(8) |
600 to 10,000 |
X |
280 |
Subsection 133(1) |
1,250 to 25,000 |
X |
281 |
Subsection 133(2) |
600 to 10,000 |
Coming into Force
12 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Administrative Monetary Penalties and Notices (CSA 2001) Regulations (the Regulations) were brought into force on April 3, 2008, as an additional enforcement option to promote compliance in the marine transportation system. Without administrative monetary penalties (AMPs), actions against non-compliance with legislation would be limited to prosecution of a summary conviction or indictable offence, vessel detention, in certain instances suspending or cancelling Canadian maritime documents (CMDs), and issuing tickets under the Contraventions Regulations. Exclusive use of these methods of penalization limit the tools available to marine safety inspectors to enforce the Canada Shipping Act, 2001 (CSA 2001).
The amendments to the Regulations designate new violations, set out appropriate penalty ranges for certain regulations made under the CSA 2001 and for certain provisions of the CSA 2001, and expand the enforcement tools available to marine safety inspectors.
Background
The marine safety program of Transport Canada (TC) provides Canadians with a safe and efficient marine transportation system. The role of Transport Canada Marine Safety and Security is not only to encourage and promote compliance with the CSA 2001 and its related regulations, but also to deal with non-compliance in an effective and consistent manner. Periodic updates to the Regulations are required to maintain a robust and effective administrative monetary penalty system.
Significant amendments were made to the Regulations in 2012, which expanded the schedule of violations from applying exclusively to the CSA 2001 to include seven regulations, as well as articulating procedures related to the service of notices to stakeholders regarding a monetary violation related to a CMD. Specifically, these notices apply to the refusal to issue, the suspension of, the cancellation of, and the refusal to renew a CMD, as defined in section 2 of the CSA 2001. The Regulations were also amended in 2015 to repeal item 4 of Part 1 of the schedule to the Regulations, and to address concerns expressed by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).
Since the Regulations came into force in April 2008, TC has issued administrative penalties under the CSA 2001 that have resulted in the collection of approximately $3.2M. Over this time period, $383K was collected in the peak year of 2010, which suggests the administration of monetary penalties regime is having the desired effect of promoting compliance within the marine community with respect to the requirements of the CSA 2001 and its regulations.
Furthermore, the Department leveraged the use of assurances of compliancefootnote 2 in conjunction with administrative monetary penalties to encourage corrective action. At present, 32 corrective actions have been taken against violations designated pursuant to the Regulations.
Objectives
The objective of the amendments is to continue to enhance the Department’s ability to use administrative penalties to promote compliance with the requirements of the CSA 2001 and its regulations.
Description
The amendments designate new provisions as violations under the following regulations, which will allow Transport Canada marine safety inspectors to issue AMPs under these regulations:
- Collision Regulations;
- Ballast Water Control and Management Regulations;
- Small Vessel Regulations;
- Fire and Boat Drills Regulations;
- Safety Management Regulations; and
- Vessel Pollution and Dangerous Chemicals Regulations.
New violations will be listed in the following new parts of the schedule to the Regulations and are summarized below:
| Schedule Part |
Regulations |
Number of Provisions |
Scope of Provisions for Administrative Monetary Penalties |
Range of Penalties ($) |
|---|---|---|---|---|
Part 3 |
Collision Regulations |
4 |
|
600 to 12,000 |
Part 9 |
Ballast Water Control and Management Regulations |
12 |
|
250 to 25,000 |
Part 10 |
Small Vessel Regulations |
211 |
|
250 to 12,000 |
Part 11 |
Fire and Boat Drills Regulations |
28 |
|
250 to 25,000 |
Part 12 |
Safety Management Regulations |
1 |
|
250 to 25,000 |
Part 13 |
Vessel Pollution and Dangerous Chemicals Regulations |
281 |
|
250 to 25,000 |
Violations are also being added or reintroduced for the CSA 2001. They will be added to Part 1 of the schedule to the Regulations:
| Schedule Part |
Legislation |
Number of Provisions |
Scope of Provisions for Administrative Monetary Penalties |
Range of Penalties ($) |
|---|---|---|---|---|
Part 1 |
Canada Shipping Act, 2001 |
35 |
|
250 to 25,000 |
In summary, the Regulations will add 572 violations for seven different pieces of legislation as well as make administrative changes to clarify existing designated violations. The amendments are being made in accordance with the penalty range already employed by the existing Regulations. Penalty ranges, rather than fixed amounts, are being used to ensure that the administration of monetary penalties 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 person or vessel that committed the violation, and any consequences of the violation. The three established penalty ranges were developed by departmental officials and enforcement specialists and categorized by the seriousness of the violations. The categories are the following: low impact with penalties ranging from $250 to $5,000; medium impact with penalties ranging from $600 to $12,000; and high impact with penalties ranging from $1,250 to $25,000.
“One-for-One” Rule
The “One-for-One” Rule does not apply to these regulatory changes, as they simply modify existing penalties without imposing any new administrative burden or costs.
Small business lens
The small business lens does not apply, as there are no new costs to small businesses.
Consultation
Transport Canada’s Marine Safety and Security Program has undertaken extensive and comprehensive consultations with the marine community at both the regional and national levels through the Canadian Marine Advisory Council (CMAC) regarding all facets of these amendments. Of note, consultations occurred during the fall 2013, spring 2014, and spring 2016 at national CMAC meetings. The amendment project was discussed with stakeholders and a PowerPoint presentation and information paper were distributed, which included a detailed articulation of the proposed penalties.
Consultations conducted to date have not shown opposition among stakeholders. These amendments have generated little discussion, which suggests there is general industry recognition that an effective administrative penalty scheme is an important tool of legislative enforcement. There are no vulnerable social or economic groups that are anticipated to be negatively impacted by the amendments.
Prepublication in the Canada Gazette, Part I
The amendments were prepublished in the Canada Gazette, Part I, on October 14, 2017, followed by a 30-day comment period, to provide interested persons with a further opportunity to comment. No comments were received.
Modifications to the amendments following prepublication
When the amendments were prepublished in the Canada Gazette, Part I, they proposed to designate 50 pollution prevention and response provisions under the CSA 2001. Following further internal review, 16 of the provisions were not included in the final amendments, given that these provisions are under the sole responsibility of the Minister of Fisheries and Oceans. The amendments designate only provisions administered by the Minister of Transport.
In addition, the amendments were modified to restore the designation of offences related to the return of suspended or cancelled maritime documents to the Minister of Transport [in subsection 20(2) of the Act]. An incorrect reference in the Act, identified by the Standing Joint Committee for the Scrutiny of Regulations, motivated the removal of the relevant designation from the Regulations on July 1, 2015. The reference in the Act was corrected by the Miscellaneous Statute Law Amendment Act, 2017, which received royal assent on December 12, 2017. With this issue addressed, the amendments reintroduce the designation of offences related to this provision, to ensure that administrative monetary penalties are again available for enforcement purposes.
Rationale
The changes to the Regulations address gaps in the existing administrative monetary penalties regime and expand the Minister of Transport’s range of enforcement tools. This leads to an overall increase in the effectiveness of enforcement. An effective marine safety oversight regime could generate a boost in public confidence that would have a positive impact on those working in the marine transportation sector while promoting a safer Canadian maritime transportation system.
The changes to the Regulations will benefit the Canadian public by enabling marine safety inspectors to impose a penalty for a contravention using an administrative enforcement tool rather than commencing a judicial process by laying a charge. Judicial proceedings often result in considerable cost to the federal government and to the individual, corporation or vessel involved and are not always the most appropriate tool to encourage compliance with statutory and regulatory requirements.
A distinct advantage of the established AMPs scheme, which these amendments enhance, is that there are multiple options available to those who commit a violation. Recipients of an administrative monetary penalty can elect to pay the penalty imposed, may enter into an assurance of compliance to comply with a provision in a predetermined period of time, which could minimize or eliminate the penalty, or apply to the Transportation Appeal Tribunal of Canada (TATC) to have their AMP reviewed.
The TATC is an independent, administrative, quasi-judicial body, established in 2003 pursuant to the Transportation Appeal Tribunal of Canada Act, which provides a recourse mechanism for administrative actions by the Minister of Transport made pursuant to the CSA 2001, among other transportation statutes. This body is less formal than a judicial court, and cases can be presented without legal representation. Often, the TATC is able to accommodate a case proceeding more quickly than a judicial court, and usually at significantly less cost to the applicant. To date, Transport Canada has issued over 580 violations pursuant to the Regulations and, of those, 45 cases have been reviewed by the TATC.
Implementation, enforcement and service standards
The implementation of the new violations included in these Regulations is anticipated to be seamless to the Canadian public, as the new requirements will be integrated into the existing Transport Canada Marine Safety administrative penalty scheme. The present AMP enforcement system is tailored to achieve both compliance and deterrence. An AMP will generally be imposed when it is the most effective measure. Other tools include non-penalty actions (oral counselling, warning letter or assurance of compliance) and, if necessary, penalty actions through the use of tickets under the Contraventions Act, and prosecution in the courts of summary conviction and indictable offences. In some cases, the Minister may detain a vessel. The enforcement tool utilized in any particular instance will depend upon
- (a) the seriousness of the violation;
- (b) the circumstances when it was committed (e.g. whether it was committed willfully or deliberately);
- (c) the seriousness of any consequences;
- (d) the compliance record of the person or vessel that committed the violation; and
- (e) the willingness of the person or vessel to take measures to ensure compliance in the future.
Once it is determined that the issuance of a notice of violation is the appropriate tool to address a given violation of the CSA 2001 or a regulation, the Department will proceed with imposing a penalty. First, the established penalty range of the corresponding provision in the Regulations will be reviewed. Second, within each of the three penalty ranges (low, medium and high), the marine safety inspector will consult departmental guidance material for the appropriate penalty range for a first violation, second violation and third or subsequent violation. Subject to change, the chart below provides a current summary of this approach. Since 2008, TC has ensured a nationally consistent application of penalty amounts for all notices of violation issued through the Marine Enforcement Management System (MEMS).
| Gravity |
1st Violation |
2nd Violation |
Subsequent Violation |
|---|---|---|---|
Low |
$250 / $1,000 |
$500 / $2,000 |
$1,000 / $5,000 |
Medium |
$600 / $3,000 |
$1,200 / $6,000 |
$2,400 / $12,000 |
High |
$1,250 / $6,000 |
$2,500 / $12,000 |
$5,000 / $25,000 |
As a matter of general policy, vessels and corporations will be subject to higher penalties than individuals. If the penalty associated with the violation is not paid, it becomes a debt due to Her Majesty.
The Regulations enter into force on the day on which they are registered.
Contact
Chief
Regulatory Development
Marine Safety and Security
Transport Canada
Place de Ville, Tower C, 11th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
- Telephone:
- 613-991-3008
- Email:
- michele.rae@tc.gc.ca