Canada Gazette, Part I, Volume 151, Number 41: Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations

October 14, 2017

Statutory authority

Canada Shipping Act, 2001

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Administrative Monetary Penalties and Notices (CSA 2001) 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 limits the tools available to marine safety inspectors to enforce the Canada Shipping Act, 2001 (CSA 2001).

These regulations propose amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations (the Regulations) to designate new violations and set out appropriate penalty ranges for certain regulations, thereby expanding the marine safety enforcement options available to inspectors.

Background

Transport Canada's marine safety program provides Canadians with a safe and efficient marine transportation system. The role of Transport Canada Marine Safety is not only to encourage and promote compliance with the CSA 2001 and related regulations, but also to deal with non-compliance in an effective and consistent manner. These new amendments are consistent with the original Regulatory Impact Analysis Statement published on April 16, 2008, in Part II of the Canada Gazette, for the Regulations brought into force on April 3, 2008. The 2008 document advised the public that periodic updates to the Regulations would be required to maintain a robust and effective administrative monetary penalty system.

Significant amendments were made to the Regulations in 2012, amendments that expanded the schedule of violations from applying exclusively to the Canada Shipping Act, 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, repealing item 4 of Part 1 of the schedule to the Regulations, to address concerns expressed by the Standing Joint Committee for the Scrutiny of Regulations.

Since the coming into force of the Regulations in April 2008, Transport Canada 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 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 compliance (see footnote 1) in conjunction with administrative monetary penalties to encourage corrective action of individuals. At present, 32 corrective actions have been taken against violations designated pursuant to the Regulations.

Objectives

The proposed amendments to the Regulations are in keeping with the objective of the Canada Shipping Act, 2001 paragraph 6(i) to “establish an effective inspection and enforcement program” by enhancing the enforcement tools under the CSA 2001, to help ensure a safe marine transportation system.

The proposed Regulations enhance the Department's ability to use administrative penalties imposed pursuant to sections 228 to 243 of the CSA 2001, by setting out new violations of provisions of the CSA 2001 and six of its regulations.

Description

As permitted by paragraphs 244(f) to (h) of the CSA 2001, the proposed amendments will designate new provisions as violations in the following regulations to allow Transport Canada marine safety inspectors to issue AMPs under them:

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 proposed 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	long range scanning radar equipment use of a blue flashing light	600 to 12,000
Part 9	Ballast Water Control and Management Regulations	12	ballast water exchange requirements applicable to transoceanic and non-transoceanic navigation disposal of sediment requirements for a Ballast Water Management Plan reporting requirements	250 to 25,000
Part 10	Small Vessel Regulations	211	safety, signalling and lifesaving equipment requirements for small passenger vessels, workboats, and vessels on guided excursions plans, structural strength and seaworthiness hull design serial numbers safety precautions (e.g. fuelling, water sports)	250 to 12,000
Part 11	Fire and Boat Drills Regulations	28	general emergency information muster lists passenger counts practice musters and safety briefings means of exit fire / survival craft / rescue boat drills record keeping	250 to 25,000
Part 12	Safety Management Regulations	1	company responsibility to comply with, and ensure that its vessels comply with, Regulations 3, 4.2 and 5 of Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS)	250 to 25,000
Part 13	Vessel Pollution and Dangerous Chemicals Regulations	281	discharge of noxious substances garbage ensure proper equipment is on board record keeping safety precautions emergency drills are in place proper lighting is used transfer operations are in place safety regulations are in place reporting requirements	250 to 25,000

New violations are being proposed 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	50	pollution prevention and response	250 to 25,000

In summary, the proposed Regulations will add 587 violations for seven different pieces of legislation as well as make administrative changes to clarify existing designated violations. The proposed 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 who categorized the seriousness of violations as low impact, with penalties ranging from $250 to $5,000, medium impact, with penalties ranging from $600 to $12,000, or high impact, with penalties ranging from $1,250 to $25,000.

Departmental inspectors and enforcement specialists have reviewed each of the proposed new violations and have assigned a severity ranking and the associated penalty range.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these regulatory changes that do not impose new administrative burden or costs since they simply modify penalties.

Small business lens

The small business lens does not apply to this proposal, 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 regional and national levels through the Canadian Marine Advisory Council (CMAC) regarding all facets of these amendments. Of note, consultations occurred during the fall of 2013, spring of 2014, and spring of 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 proposed amendments have generated little discussion, which suggests there is general industry recognition that an effective administrative monetary penalty scheme enables an important tool of legislative enforcement. There are no vulnerable social or economic groups that are anticipated to be negatively impacted by the proposed amendments.

Rationale

The proposed Regulations are designed to increase the effectiveness of the administrative monetary penalty regime as a compliance enforcement tool. It will address gaps in the existing administrative monetary penalties regime and will expand the Minister of Transport's range of enforcement tools, thereby increasing the effectiveness of the safety 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 proposed Regulations would benefit the Canadian public by enabling marine safety inspectors to penalize 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 the 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 Administrative Monetary Penalties and Notices (CSA 2001) Regulations and, of those, 45 cases have been reviewed by the TATC.

Implementation, enforcement and service standards

Implementing the addition of the new violations proposed by 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 monetary 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 the

(a) seriousness of the violation;
(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 person or vessel that committed the violation; and
(e) 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 an appropriate tool to address a given violation of the CSA 2001 or regulation, the Department will proceed to impose a penalty. First, the established penalty range of the corresponding provision in the Administrative Monetary Penalties and Notices (CSA 2001) 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 or subsequent violation. Subject to change, the chart below provides a current summary of this approach.

Gravity	1st Violation Individual / Vessel or Corporation	2nd Violation Individual / Vessel or Corporation	Subsequent Violation Individual / Vessel or Corporation
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. When there is a violation, the penalty amount is determined within the range by the Minister using departmental policies and guidelines. If the penalty associated with the violation is not paid, it becomes a debt due to Her Majesty.

The proposed Regulations will be brought into force on the day on which they are registered.

Contact

Michele Rae
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

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to paragraphs 244(f) (see footnote a) to (h) of the Canada Shipping Act, 2001 (see footnote b), proposes to make the annexed Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Tania Mezher, Policy Analyst, Marine Safety and Security Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, 11th Floor, Ottawa, Ontario K1A 0N5 (tel.: 613-998-5064; fax: 613-991-5670; email: tania.mezher@tc.gc.ca).

Ottawa, October 5, 2017

Jurica Čapkun
Assistant Clerk of the Privy Council

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 (see footnote 2) 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 Part 1 of the schedule to the Regulations is amended by adding the following in numerical order:
Item	Column 1 Provision of the Act	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
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
68.2	Paragraph 175.1(1)(a)	600 to 12,000
68.21	Paragraph 175.1(1)(b)	1,250 to 25,000
68.22	Paragraph 175.1(1)(c)	600 to 12,000
68.23	Paragraph 175.1(1)(d)	250 to 5,000
68.24	Paragraph 175.1(1)(e)	250 to 5,000
68.25	Paragraph 175.1(2)(a)	1,250 to 25,000
68.26	Subparagraph 175.1(2)(c)(i)	1,250 to 25,000
68.27	Subparagraph 175.1(2)(d)(i)	1,250 to 25,000
68.28	Subparagraph 175.1(2)(d)(ii)	1,250 to 25,000
68.29	Subparagraph 175.1(2)(d)(iii)	1,250 to 25,000
68.3	Paragraph 176(1)(b)	1,250 to 25,000
68.31	Paragraph 176(1)(c)	600 to 12,000
68.32	Paragraph 176(1)(d)	600 to 12,000
68.33	Subsection 177(7)	1,250 to 25,000
68.34	Subsection 177(8)	1,250 to 25,000
68.35	Section 178	1,250 to 25,000
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

3 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”.

4 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”.

5 Part 3 of the schedule to the Regulations is amended by adding the following after item 7:
Item	Column 1 Provision of the Collision Regulations	Column 2 Range of Penalties ($)
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

6 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”.

7 Part 3 of the schedule to the Regulations is amended by adding the following after item 111:
Item	Column 1 Provision of the Collision Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
111.1	Rule 45(c) of Schedule 1	600 to 2,400

8 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”.

9 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”.

10 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 Provision of the Ballast Water Control and Management Regulations	Column 2 Range of Penalties ($)
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 Provision of the Small Vessel Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
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 Provision of the Fire and Boat Drills Regulations	Column 2 Range of Penalties ($)
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 Provision of the Safety Management Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Section 3	1,250 to 25,000

PART 13

Violations of the Vessel Pollution and Dangerous Chemicals Regulations
Item	Column 1 Provision of the Vessel Pollution and Dangerous Chemicals Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
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

11 These Regulations come into force on the day on which they are registered.

[41-1-o]

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