Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations: SOR/2024-49

Canada Gazette, Part II, Volume 158, Number 8

Registration
SOR/2024-49 March 25, 2024

CANADA SHIPPING ACT, 2001

P.C. 2024-252 March 25, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations under paragraphs 244(f)^{footnote a} to (h)^{footnote b} of the Canada Shipping Act, 2001 ^{footnote c}.

Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations

Amendments

1 Part 1 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations ^{footnote 1} is replaced by the following:

PART 1

Violations of the Canada Shipping Act, 2001
Item	Column 1 Provision of the Act	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Subsection 10.1(4)	260 to 250,000	X
2	Subsection 16(3)	1,300 to 6,250
3	Subsection 17(2)	1,300 to 100,000
4	Section 18	260 to 10,000
5	Subsection 20(2)	260 to 10,000	X
6	Paragraph 23(a)	2,625 to 250,000
7	Paragraph 23(b)	2,625 to 250,000
8	Paragraph 23(c)	2,625 to 250,000
9	Paragraph 23(d)	2,625 to 250,000
10	Paragraph 23(e)	2,625 to 250,000
11	Subsection 28(7)	2,625 to 12,500
12	Subsection 46(2)	260 to 10,000	X
13	Subsection 57(1)	260 to 10,000	X
14	Subsection 57(3)	260 to 10,000
15	Subsection 57(4)	260 to 10,000	X
16	Subsection 58(1)	260 to 10,000
17	Subsection 58(2)	260 to 10,000
18	Subsection 58(3)	260 to 10,000
19	Subsection 58(4)	260 to 10,000
20	Subsection 63(1)	260 to 10,000
21	Subsection 63(2)	260 to 10,000
22	Subsection 63(3)	260 to 10,000
23	Subsection 64(2)	260 to 1,250
24	Subsection 82(1)	260 to 1,250
25	Subsection 82(2)	1,300 to 6,250	X
26	Subsection 82(3)	2,625 to 250,000	X
27	Section 87	2,625 to 12,500
28	Subsection 90(1)	1,300 to 6,250
29	Subsection 90(2)	1,300 to 6,250
30	Paragraph 91(1)(a)	260 to 1,250
31	Paragraph 91(1)(b)	1,300 to 6,250
32	Section 92	1,300 to 6,250
33	Subsection 93(1)	260 to 10,000
34	Subsection 93(2)	260 to 10,000
35	Subsection 94(1)	260 to 10,000
36	Subsection 97(1)	1,300 to 100,000
37	Subsection 97(2)	1,300 to 6,250
38	Subsection 97(3)	1,300 to 6,250
39	Subsection 97(4)	1,300 to 6,250
40	Paragraph 98(a)	260 to 10,000
41	Paragraph 98(b)	260 to 10,000
42	Paragraph 98(c)	260 to 10,000
43	Paragraph 98(d)	260 to 10,000
44	Paragraph 98(e)	260 to 10,000
45	Paragraph 106(1)(a)	2,625 to 250,000
46	Paragraph 106(1)(b)	2,625 to 250,000
47	Paragraph 106(1)(c)	2,625 to 250,000
48	Paragraph 106(2)(a)	2,625 to 250,000
49	Paragraph 106(2)(b)	2,625 to 250,000
50	Section 107	2,625 to 250,000
51	Subsection 109(1)	2,625 to 250,000
52	Subsection 109(2)	2,625 to 250,000
53	Subsection 110(1)	2,625 to 250,000
54	Subsection 110(2)	2,625 to 250,000
55	Subsection 111(1)	2,625 to 12,500
56	Subsection 111(2)	2,625 to 12,500
57	Subsection 111(3)	2,625 to 12,500
58	Section 112	2,625 to 12,500
59	Paragraph 113(a)	2,625 to 12,500
60	Paragraph 113(b)	2,625 to 12,500
61	Paragraph 113(c)	2,625 to 12,500
62	Paragraph 113(d)	2,625 to 12,500
63	Subsection 114(1)	2,625 to 12,500
64	Subsection 114(2)	2,625 to 12,500
65	Subsection 115(1)	1,300 to 6,250
66	Subsection 115(2)	1,300 to 6,250
67	Paragraph 116(a)	1,300 to 6,250
68	Paragraph 116(b)	1,300 to 6,250
69	Section 117	2,625 to 250,000
70	Section 118	2,625 to 250,000
71	Section 119	2,625 to 250,000
72	Paragraph 148(b)	260 to 10,000
73	Paragraph 167(1)(a)	5,250 to 250,000	X
74	Paragraph 167(1)(b)	2,625 to 100,000	X
75	Section 167.1	260 to 10,000
76	Subsection 167.2(1)	2,625 to 250,000
77	Subsection 167.2(2)	1,300 to 100,000
78	Subsection 167.2(3)	2,625 to 250,000
79	Paragraph 168(1)(a)	2,625 to 250,000	X
80	Paragraph 168(1)(b)	1,300 to 100,000	X
81	Paragraph 168(1)(c)	260 to 10,000
82	Paragraph 168(1)(c.1)	260 to 10,000
83	Paragraph 168(1)(d)	260 to 10,000
84	Paragraph 168(1)(d.1)	260 to 10,000
85	Paragraph 168(1)(e)	2,625 to 250,000	X
86	Paragraph 168(3)(a)	1,300 to 100,000
87	Paragraph 168(3)(b)	2,625 to 250,000	X
88	Subsection 168.01(1)	260 to 10,000
89	Subsection 168.01(2)	1,300 to 100,000
90	Subsection 168.01(3)	1,300 to 100,000
91	Subsection 168.01(4)	2,625 to 250,000
92	Section 168.1	1,300 to 100,000
93	Section 168.2	1,300 to 100,000
94	Paragraph 168.3(b)	2,625 to 250,000
95	Paragraph 171(a)	1,300 to 100,000	X
96	Paragraph 171(b)	2,625 to 250,000	X
97	Paragraph 171(c)	1,300 to 100,000
98	Paragraph 171(d)	1,300 to 100,000
99	Paragraph 171(e)	1,300 to 100,000
100	Paragraph 171(f)	260 to 10,000
101	Section 171.1	1,300 to 100,000
102	Section 187	2,625 to 250,000
103	Section 188	5,250 to 250,000
104	Paragraph 189(1)(a)	2,625 to 100,000
105	Paragraph 189(1)(a.1)	2,625 to 100,000
106	Paragraph 189(1)(b)	2,625 to 100,000
107	Paragraph 189(1)(c)	2,625 to 100,000
108	Subparagraph 189(1)(d)(i)	5,250 to 250,000
109	Subparagraph 189(1)(d)(ii)	2,625 to 100,000
110	Subsection 211(3)	2,625 to 250,000
111	Paragraph 211(4)(a)	2,625 to 250,000
112	Paragraph 211(4)(b)	2,625 to 250,000
113	Paragraph 211(4)(c)	2,625 to 250,000
114	Paragraph 211(4)(d)	2,625 to 250,000
115	Paragraph 211(4)(d.1)	2,625 to 250,000
116	Paragraph 211(4)(e)	2,625 to 250,000
117	Subsection 212(2)	2,625 to 12,500
118	Section 213	1,300 to 100,000
119	Section 215	2,625 to 250,000
120	Subsection 218(1)	2,625 to 250,000
121	Subsection 222(9)	2,625 to 250,000
122	Subsection 222(10)	2,625 to 250,000
123	Section 223	2,625 to 250,000
124	Subsection 227(1)	2,625 to 250,000

2 Part 4 of the schedule to the Regulations is replaced by the following:

PART 4

Violations of the Load Line Regulations
Item	Column 1 Provision of the Load Line Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Subsection 4(1)	5,250 to 250,000
2	Subsection 4(2)	5,250 to 250,000
3	Subsection 4(3)	5,250 to 250,000
4	Subsection 6(1)	2,625 to 250,000
5	Subsection 6(2)	2,625 to 250,000
6	Section 11	260 to 10,000	X
7	Section 12	260 to 1,250	X
8	Section 16	5,250 to 250,000
9	Section 18	2,625 to 250,000
10	Section 20	260 to 10,000	X

3 Parts 6 to 9 of the schedule to the Regulations are replaced by the following:

PART 6

Violations of the Special-purpose Vessels Regulations
Item	Column 1 Provision of the Special-purpose Vessels Regulations	Column 2 Range of Penalties ($)
1	Subsection 3(1)	2,625 to 250,000
2	Subsection 3(2)	2,625 to 12,500
3	Subsection 10(3)	2,625 to 12,500
4	Subsection 13(1)	2,625 to 12,500
5	Subsection 13(2)	2,625 to 12,500
6	Subsection 13(3)	2,625 to 12,500
7	Section 18	260 to 10,000

PART 7

Violations of the Vessel Safety Certificates Regulations
Item	Column 1 Provision of the Vessel Safety Certificates Regulations	Column 2 Range of Penalties ($)
1	Section 6	5,250 to 250,000
2	Paragraph 7(2)(a)	2,625 to 250,000
3	Paragraph 7(2)(b)	260 to 250,000
4	Paragraph 10(a)	260 to 250,000
5	Paragraph 10(b)	260 to 250,000
6	Paragraph 10(c)	260 to 250,000
7	Paragraph 10(d)	260 to 250,000
8	Section 12	5,250 to 250,000
9	Paragraph 13(2)(a)	2,625 to 250,000
10	Paragraph 13(2)(b)	2,625 to 250,000
11	Paragraph 15(a)	260 to 250,000
12	Paragraph 15(b)	260 to 250,000
13	Paragraph 17(1)(a)	260 to 10,000
14	Paragraph 17(1)(b)	260 to 10,000
15	Subparagraph 18(1)(a)(i)	260 to 250,000
16	Subparagraph 18(1)(a)(ii)	260 to 250,000
17	Subparagraph 18(1)(a)(iii)	260 to 250,000
18	Subparagraph 18(1)(a)(iv)	260 to 250,000
19	Paragraph 18(1)(b)	2,625 to 250,000
20	Paragraph 18(2)(a)	2,625 to 250,000
21	Paragraph 18(2)(b)	2,625 to 250,000
22	Paragraph 19(a)	2,625 to 250,000
23	Paragraph 19(b)	2,625 to 250,000
24	Paragraph 19(c)	2,625 to 250,000

PART 8

Violations of the Vessel Registration and Tonnage Regulations
Item	Column 1 Provision of the Vessel Registration and Tonnage Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Section 7	2,625 to 100,000
2	Section 9	1,300 to 100,000

PART 9

Violations of the Ballast Water Regulations
Item	Column 1 Provision of the Ballast Water Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Subsection 4(1)	2,625 to 250,000
2	Paragraph 4(3)(a)	260 to 10,000
3	Paragraph 4(3)(b)	260 to 10,000
4	Paragraph 4(3)(c)	260 to 10,000
5	Paragraph 4(3)(d)	260 to 10,000
6	Subsection 4(4)	260 to 10,000
7	Paragraph 4(5)(a)	1,300 to 100,000
8	Paragraph 4(5)(b)	2,625 to 250,000
9	Paragraph 4(5)(c)	2,625 to 250,000
10	Section 8	5,250 to 250,000	X
11	Subsection 14(1)	5,250 to 250,000	X
12	Subsection 14(2)	260 to 10,000	X
13	Subsection 15(1)	5,250 to 250,000	X
14	Subsection 15(4)	260 to 10,000	X
15	Subsection 16(1)	5,250 to 250,000	X
16	Section 17	2,625 to 250,000	X
17	Section 18	525 to 10,000
18	Section 19	525 to 10,000	X
19	Section 20	525 to 10,000	X
20	Section 22	525 to 10,000	X
21	Section 23	525 to 10,000	X
22	Section 24	260 to 10,000

4 Part 14 of the schedule to the Regulations is replaced by the following:

PART 14

Violations of the Environmental Response Regulations
Item	Column 1 Provision of the Environmental Response Regulations	Column 2 Range of Penalties ($)
1	Subsection 11(3)	260 to 10,000
2	Subsection 12(1)	1,300 to 100,000
3	Subsection 12(2)	1,300 to 100,000
4	Subsection 12(3)	260 to 10,000
5	Subsection 12(4)	260 to 10,000

5 The schedule to the Regulations is amended by adding the following after Part 15:

PART 16

Violations of the Arctic Shipping Safety and Pollution Prevention Regulations
Item	Column 1 Provision of the Arctic Shipping Safety and Pollution Prevention Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Subsection 6(1), in respect of (a) Canadian vessels; and (b) foreign vessels (i) in Canadian waters, and (ii) in respect of pollution, in waters in the exclusive economic zone of Canada	2,625 to 250,000	X
2	Subsection 8(1)	5,250 to 250,000	X
3	Subsection 9(1)	260 to 1,250	X
4	Subsection 9(2)	260 to 1,250	X
5	Subsection 10(1)	5,250 to 250,000
6	Subsection 10(2)	2,625 to 12,500
7	Section 11	5,250 to 250,000
8	Section 15	260 to 10,000	X
9	Subsection 16(1)	5,250 to 250,000
10	Subsection 16(2)	5,250 to 250,000
11	Subsection 16(3)	5,250 to 250,000
12	Subsection 16(5)	5,250 to 250,000
13	Section 17	260 to 10,000	X
14	Section 18	5,250 to 250,000
15	Section 19	2,625 to 250,000	X
16	Section 23	260 to 10,000	X
17	Subsection 24(1)	2,625 to 250,000	X
18	Section 26	2,625 to 250,000	X

PART 17

Violations of the Vessel Fire Safety Regulations
Item	Column 1 Provision of the Vessel Fire Safety Regulations	Column 2 Range of Penalties ($)	Column 3 Separate Violation for Each Day
1	Subsection 102(1)	260 to 250,000	X
2	Subsection 102(2)	260 to 12,500	X
3	Subsection 108(1)	525 to 10,000	X
4	Section 111	5,250 to 250,000
5	Subsection 112(1)	5,250 to 250,000
6	Subsection 112(2)	5,250 to 250,000
7	Subsection 113(1)	5,250 to 250,000
8	Subsection 113(2)	5,250 to 250,000
9	Section 114	5,250 to 250,000
10	Section 115	5,250 to 250,000
11	Subsection 117(2)	2,625 to 250,000	X
12	Section 118	2,625 to 250,000	X
13	Section 119	5,250 to 250,000
14	Subsection 120(1)	5,250 to 250,000
15	Subsection 120(2)	5,250 to 250,000
16	Subsection 120(3)	5,250 to 250,000
17	Subsection 120(4)	525 to 10,000
18	Paragraph 121(1)(a)	5,250 to 250,000
19	Paragraph 121(1)(b)	5,250 to 250,000
20	Paragraph 121(1)(c)	525 to 10,000
21	Subsection 121(2)	5,250 to 250,000
22	Section 122	5,250 to 250,000
23	Subsection 123(1)	5,250 to 250,000
24	Subsection 123(2)	5,250 to 250,000
25	Section 124	525 to 10,000	X
26	Section 125	5,250 to 250,000
27	Subsection 126(1)	5,250 to 250,000
28	Subsection 126(2)	5,250 to 250,000
29	Paragraph 126(3)(a)	5,250 to 250,000
30	Paragraph 126(3)(b)	5,250 to 250,000
31	Paragraph 126(3)(c)	525 to 10,000	X
32	Subsection 126(4)	5,250 to 250,000
33	Subsection 126(5)	525 to 250,000
34	Section 127	5,250 to 250,000
35	Subsection 128(1)	5,250 to 250,000
36	Subsection 128(2)	5,250 to 250,000
37	Subsection 128(3)	5,250 to 250,000
38	Subsection 128(4)	5,250 to 250,000
39	Section 129	5,250 to 250,000
40	Section 130	525 to 250,000	X
41	Section 131	5,250 to 250,000
42	Section 132	5,250 to 250,000
43	Subsection 133(2)	5,250 to 250,000
44	Subsection 133(3)	5,250 to 250,000
45	Subsection 135(1)	5,250 to 250,000
46	Subsection 135(2)	5,250 to 250,000
47	Subsection 135(3)	5,250 to 250,000
48	Subsection 135(4)	5,250 to 250,000
49	Subsection 136(1)	5,250 to 250,000	X
50	Subsection 136(2)	5,250 to 250,000	X
51	Subsection 136(3)	5,250 to 250,000	X
52	Subsection 137(1)	5,250 to 250,000	X
53	Subsection 137(2)	5,250 to 250,000	X
54	Section 139	5,250 to 250,000
55	Section 141	5,250 to 250,000
56	Subsection 143(0.1)	5,250 to 250,000	X
57	Subsection 143(0.2)	5,250 to 250,000	X
58	Subsection 143(2)	5,250 to 250,000	X
59	Subsection 144(1)	5,250 to 250,000	X
60	Subsection 144(2)	5,250 to 250,000	X
61	Subsection 144(3)	5,250 to 250,000	X
62	Subsection 145(1)	5,250 to 250,000
63	Subsection 146(1)	5,250 to 250,000
64	Subsection 146(2)	5,250 to 250,000
65	Subsection 147(1)	5,250 to 250,000
66	Subsection 147(2)	5,250 to 250,000
67	Subsection 147(3)	5,250 to 250,000
68	Subsection 147(4)	5,250 to 250,000
69	Subsection 147(5)	5,250 to 250,000
70	Subsection 147(6)	5,250 to 250,000
71	Section 149	525 to 10,000
72	Subsection 150(1)	5,250 to 250,000
73	Subsection 150(2)	525 to 10,000
74	Section 151	5,250 to 250,000	X
75	Section 152	525 to 10,000
76	Section 154	525 to 10,000
77	Section 155	525 to 10,000
78	Section 156	525 to 10,000
79	Section 157	5,250 to 250,000
80	Subsection 158(1)	525 to 10,000
81	Subsection 158(2)	5,250 to 250,000
82	Section 205	5,250 to 250,000
83	Section 206	5,250 to 250,000
84	Section 207	5,250 to 250,000
85	Section 208	5,250 to 250,000
86	Section 209	5,250 to 250,000
87	Section 210	5,250 to 250,000
88	Section 211	5,250 to 250,000
89	Section 212	5,250 to 250,000
90	Section 213	5,250 to 250,000
91	Section 214	5,250 to 250,000
92	Section 215	5,250 to 250,000
93	Section 216	5,250 to 250,000
94	Section 217	5,250 to 250,000
95	Section 218	5,250 to 250,000
96	Section 219	5,250 to 250,000
97	Section 220	5,250 to 250,000
98	Section 221	5,250 to 250,000
99	Section 222	5,250 to 250,000
100	Section 223	5,250 to 250,000
101	Section 224	5,250 to 250,000
102	Section 225	5,250 to 250,000
103	Section 226	5,250 to 250,000
104	Section 227	5,250 to 250,000
105	Section 228	5,250 to 250,000
106	Section 229	5,250 to 250,000
107	Section 230	5,250 to 250,000	X
108	Section 231	525 to 250,000	X
109	Section 232	5,250 to 250,000	X
110	Section 233	5,250 to 250,000
111	Section 234	5,250 to 250,000
112	Section 305	260 to 250,000	X
113	Section 306	260 to 250,000	X
114	Section 307	260 to 250,000	X
115	Section 308	260 to 250,000	X
116	Section 309	260 to 250,000	X
117	Section 310	260 to 250,000	X
118	Section 311	260 to 250,000	X
119	Section 312	260 to 250,000	X
120	Section 313	260 to 250,000	X
121	Section 314	5,250 to 250,000
122	Section 315	5,250 to 250,000
123	Section 316	5,250 to 250,000
124	Section 317	5,250 to 250,000
125	Section 318	5,250 to 250,000
126	Section 319	5,250 to 250,000
127	Section 320	5,250 to 250,000
128	Section 321	5,250 to 250,000
129	Section 322	5,250 to 250,000
130	Section 323	5,250 to 250,000
131	Section 324	5,250 to 250,000
132	Section 325	5,250 to 250,000
133	Section 326	5,250 to 250,000
134	Section 327	5,250 to 250,000
135	Section 328	5,250 to 250,000	X
136	Section 329	5,250 to 250,000
137	Section 330	5,250 to 250,000
138	Section 331	5,250 to 250,000
139	Section 332	5,250 to 250,000
140	Section 333	5,250 to 250,000
141	Section 334	5,250 to 250,000
142	Section 335	5,250 to 250,000
143	Section 336	5,250 to 250,000
144	Section 337	5,250 to 250,000
145	Section 338	5,250 to 250,000
146	Section 339	5,250 to 250,000
147	Section 340	5,250 to 250,000
148	Section 341	5,250 to 250,000
149	Section 342	5,250 to 250,000
150	Section 343	525 to 10,000	X
151	Section 344	5,250 to 250,000
152	Section 345	5,250 to 250,000
153	Section 346	5,250 to 250,000
154	Section 347	5,250 to 250,000

Coming into Force

6 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In 2018, the Canada Shipping Act 2001 (CSA 2001) was amended to increase the maximum amount of an administrative monetary penalty (AMP) for designated violations to $250,000 per violation to strengthen enforcement under this Act. The Administrative Monetary Penalties and Notices (CSA 2001) Regulations (AMPNR), which identify the specific legislative and regulatory provisions that are designated as violations and the penalty ranges for each violation, require updates to reflect this maximum penalty amount.

Until updates are made, the maximum penalty amount that can actually be administered is $25,000. This amount does not reflect the serious potential harm and environmental damage that can be caused by non-compliant large vessels, given their larger size and carrying capacity, and is limited in establishing a financial disincentive to non-compliance. Indigenous communities and stakeholders have raised concerns that existing penalties do not serve as effective deterrents and can be viewed as a “cost of doing business.”

The AMPNR penalty ranges are also inconsistent with other enforcement regimes related to marine safety and environmental matters, such as the Wrecked, Abandoned or Hazardous Vessels Act, which includes AMPs of up to $250,000. This incongruity can create a perception of unfairness among stakeholders that they may face stronger enforcement actions than other parties for violations of a similar nature.

In addition, the Arctic Shipping Safety and Pollution Prevention Regulations (ASSPPR) and the Vessel Fire Safety Regulations (VFSR), both of which came into force in 2017, are not designated under the AMPNR and can only be enforced through warnings and recommended prosecution, unlike other marine safety and environmentally focused regulations included in the AMPNR. Warnings are limited in their effect, especially in cases of repeated non-compliance. As well, prosecution is resource-exhaustive and can be a severe response for minor and administrative violations. Such a restricted range of enforcement measures can lead to enforcement actions that are not proportionate to the violation.

The Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations (the Regulations) increase the maximum penalty amount to $250,000 per violation and designate provisions under the ASSPPR and the VFSR to establish a more consistent enforcement regime for marine safety and environmental requirements. The Regulations also establish financial disincentives that are proportionate to the violation and provide a broader range of enforcement measures for medium and serious violations.

Background

The CSA 2001 is the principal legislation governing the safety of marine transportation and recreational boating in Canadian waters, and the protection of the marine environment from the impacts of navigation and shipping activities. The Act is broad, applying to all vessels that operate in Canadian waters, including Canadian and foreign-flagged vessels, and vessels of all sizes such as pleasure craft, fishing vessels, and passenger vessels, oil tankers, cargo ships, and cruise ships.

Transport Canada’s (TC) marine safety program promotes a safe, efficient, and environmentally responsible marine transportation system. TC communicates regulatory requirements to individuals and businesses and identifies where there has been non-compliance through monitoring and inspections. When there has been non-compliance, TC will take enforcement action to bring the individuals and businesses back into compliance with the requirements, escalating enforcement actions as appropriate, depending on the context and severity of the violation.

One enforcement tool that is currently available under the CSA 2001 is AMPs which are administrative (not penal) in nature, that is the issuance of a notice of violation by an enforcement officer or a marine safety inspector. AMPs are designed to bring the regulated entities into compliance without the legal ramifications of a criminal record. AMPs are designed to be proportionate to the severity of the violation in question and, with a graduated penalty structure, AMPs provide the flexibility for increasing penalty amounts for repeat offences by the same entity.

If an individual or business feels that an AMP issued pursuant to the CSA 2001 was wrongly issued, the individual or business may request a hearing at the Transportation Appeal Tribunal of Canada (TATC) — an independent body from TC — that can review the violation and penalty amount.

Under the CSA 2001, the Governor in Council can, on the recommendation of the Minister of Transport, make regulations to designate provisions of the Act or related regulations as violations and set a fixed penalty or range of penalties for each designated provision. On April 3, 2008, the AMPNR were brought into force to establish an AMPs regime. The AMPNR designate provisions of the CSA 2001 and related regulations as enforceable via AMPs; establish penalty ranges that apply in respect of each violation; and specify provisions for which a separate penalty may be imposed for each day that a violation continues. Prior to the introduction of the regulations, the AMPNR designated a total of 1 271 different provisions.

Penalty ranges rather than fixed amounts are used to ensure that the AMP is appropriate to the circumstances of each case and that full consideration can be given to any aggravating or mitigating factors that may apply. These may include but are not limited to the following: the compliance record of the person or vessel that committed the violation; any harm that was or could have been inflicted on persons or the environment; whether an economic benefit was gained from non-compliance; and whether the violator cooperated with or self-reported the violation to TC or took action to mitigate the impacts of the violation.

Periodic updates to the AMPNR are required to maintain an effective AMP system. Since the AMPNR were implemented, new regulations, including the ASSPPR and the VFSR, have come into effect, which are not designated under the AMPNR. Consequently, enforcement measures for these regulations are limited to warnings and recommendations for prosecution. In December 2018, the CSA 2001 was amended under section 711 of the Budget Implementation Act, 2018, No. 2 (S.C. 2018, c.27) to raise the maximum AMP to $250,000 per violation, and introduce a transitional provision that authorizes AMPs for non-compliance with a ministerial interim order made under subsection 10.1(1) of the CSA 2001. The prior maximum AMP of $25,000 per violation was put in place more than 20 years ago when the CSA 2001 was first enacted. An increase in the maximum AMP that may be applied is broadly supported by stakeholders as a means of strengthening financial deterrents to non-compliance.

In order to update the penalty ranges in the AMPNR to reflect the above-mentioned amendments to the CSA 2001, and to enforce the ASSPPR and the VFSR in a similar fashion as other marine safety and environmental protection regulations, amendments to the AMPNR are required.

Without AMPs, actions against non-compliance with the CSA 2001 and certain regulations would be limited to warnings, vessel detention, suspension or cancellation of a Canadian maritime document, issuance of tickets under the Contraventions Regulations, or prosecution of a summary conviction or indictable offence. Warnings and contravention tickets have a limited effectiveness in addressing non-compliance, especially in cases of repeat offences or where there is potential or actual harm to safety or the environment. Conversely, measures such as recommendations for prosecution may be too severe for minor offences or cases that do not involve serious harm. AMPs enable TC to adjust its enforcement in proportion to the gravity and/or consequences of the violation.

Objective

The objective of the Regulations is to strengthen marine safety and environmental protection by deterring non-compliance with the requirements of the CSA 2001 and certain regulations made under it.

Description

The Regulations adjust existing penalty ranges up to the new allowable maximum of $250,000 per violation and designate new violations and prescribe penalty ranges. Specifically, the Regulations

update the penalty ranges for 121 existing violations under the CSA 2001 and designate subsection 10.1(4) of the CSA 2001 (compliance with interim order) as a violation with a prescribed range of penalties;
update the penalty ranges for 70 existing violations under the following regulations:
- Ballast Water Regulations (SOR/2021-120) [22 violations];
- Environmental Response Regulations (SOR/2019-252) [5 violations];
- Load Line Regulations (SOR/2007-99) [10 violations];
- Special-purpose Vessels Regulations (SOR/2008-121) [7 violations];
- Vessel Safety Certificates Regulations (SOR/2021-135) [24 violations]; and
- Vessel Registration and Tonnage Regulations (SOR/2007-126) [2 violations]
designate existing requirements under the following regulations as violations, thereby making them subject to AMPs, and prescribe corresponding penalty ranges:
- Arctic Shipping Safety and Pollution Prevention Regulations (SOR/2017-286) [18 violations]; and
- Vessel Fire Safety Regulations (SOR/2007-126) [154 violations].

The provisions of the ASSPPR designated under the Regulations include requirements for adhering to Chapter XIV of the International Convention for the Safety of Life at Sea, 1974 (SOLAS), requirements regarding shipping safety control zones, ice navigators, and operations in polar waters; and requirements concerning the prevention of pollution by oil, noxious liquid substances in bulk, and sewage and garbage from vessels.

The provisions of the VFSR designated under the Regulations include vessel construction, and structural, material and equipment requirements for the purposes of preventing, fighting, and mitigating the impact of fires onboard various vessel types.

While designating provisions under the ASSPPR and the VFSR, as well as subsection 10.1(4) of the CSA 2001, will enable the use of AMPs to enforce non-compliance with the designated provisions, no new requirements are being introduced as these provisions are already requirements that are enforced by TC.

Penalty ranges

The established penalty ranges were determined in accordance with TC enforcement policy and an AMPs framework that assesses several key criteria, including the gravity of the violation (minor, medium, serious) — which considers the type of violation and the potential consequences of non-compliance — as well as the category of violator (individual, corporation, or vessel). This framework was the subject of public consultations from May to June 2022 (see “Consultation” section).

The gravity classifications of existing violations designated under the AMPNR will remain the same under this initiative:

Minor violations are typically administrative in nature, which would not result in a risk of harm to people or the environment.
Medium violations generally involve the failure to comply with regulatory requirements relating to pollution response and response organizations; reporting of discharges or anticipated discharges; oil handling facility record-keeping, information management and reporting; passenger compliance with direction of a master or crew members; and violations relating to marine personnel that would not create a risk of harm to people or the environment (e.g. employment, wages, leave, etc.).
Serious violations are those that could create a risk of harm to people or the environment (e.g. safety of vessels, persons, environment; and pollution prevention) or are related to the destruction of documents or an obstruction of authority.

Under the CSA 2001, marine safety and environmental protection regulations may apply with respect to an individual (e.g. master of the vessel, crew members, passengers), a corporation (i.e. a business) or a vessel, depending on the nature of the regulatory requirement. Vessels can be made the subject of an AMP in cases where the related legislative or regulatory requirements are directed specifically towards the vessel. However, these penalties are to be paid by the owner, operator or authorized representative of the vessel, depending on the nature of the requirement and violation.

As a general rule, to ensure AMPs are effective in deterring non-compliant behaviour, corporations and vessels are subject to higher penalties than individuals for the same or similar violations.

The table below illustrates the general penalty range that applies for each combination of gravity and category of violator.

Table 1 — Administrative monetary penalty ranges
Gravity of violation	Individual (person)	Vessel or corporation (person other than individual)	Individual, vessel, or corporation
Minor	$260 – $1,250	$525 –$10,000	$260 –$10,000
Medium	$1,300 – $6,250	$2,625 – $100,000	$1,300 – $100,000
Serious	$2,625 – $12,500	$5,250 – $250,000	$2,625 – $250,000

The penalties associated with violations of the ASSPPR and the VFSR in the Regulations have been classified using the same methodology to determine whether the potential consequence of non-compliance is “minor,” “medium” or “serious.” With respect to the designation of provisions under the ASSPPR, all the violations are categorized as either minor or serious; none are categorized as “medium.” Several of the provisions of the VFSR are designated as minor to serious to reflect the range in severity of outcomes that could result from non-compliance with those provisions. In these cases, non-compliance could be relatively administrative in nature (such as failing to provide or post specified information), but could also have the potential to cause harm to people or the environment. In the event of non-compliance with one of these provisions, TC will determine whether the non-compliant behaviour created a risk of harm and will assess the incident as a minor or serious non-compliance accordingly.

Examples of the violations under the ASSPPR include the following:

Minor

Subsection 9(1): notification requirements a master of a vessel must send to the Minister prior to entering a shipping safety control zone.
Section 23: requirement that operations in polar waters must be taken into account in the Garbage Record Book, the garbage management plan and placards as required by the Vessel Pollution and Dangerous Chemicals Regulations.

Serious

Subsection 16(2): requirement for cargo tanks used to carry oil on certain categories of vessels (not including oil tankers) constructed on or after January 1, 2017, be separated from the outer shell of the vessel by at least 0.76 m.
Section 26: prohibition for a Canadian vessel or a person on board such a vessel to discharge cargo residues in polar waters other than arctic waters, unless certain conditions are met.

Examples of violations under the VFSR include the following:

Minor

Subsection 108(1): requirement for vessels carrying dangerous goods to hold a Document of Compliance issued under subsection 108(2) of the VFSR.
Section 152: language requirements for fire control plans and booklets.

Minor — Serious

Section 130: requirements for the notices and the onboard storage of an international shore connection.
Section 310: requirements for the certification or approval of portable fire extinguishers.

Serious

Subsection 232(1): requirement for each type of compressed gas to be stored in a separate compartment from other types of compressed gas.
Section 321: requirements for the final coating of exposed surfaces within a machinery space on a wooden or composite vessel.

The violation of subsection 10.1(4) of the CSA 2001 is also designated as minor to serious to accommodate a range of requirements that may be implemented per a ministerial interim order and to reflect the nature of the non-compliant behaviour.

When there is a violation, an appropriate penalty is determined within the prescribed range of penalties by the Minister using TC policies and guidelines, which considers the size of the vessel or corporation that committed the violation, as well as applicable aggravating and mitigating factors. Existing TC AMPs policies and guidelines will not change as a result of the Regulations.

While the maximum penalty under the Regulations would be $250,000 per violation, this amount will generally be reserved for serious cases of non-compliance by large operators where all aggravating factors are present (e.g. serious potential/actual harm to people or the environment, a history of non-compliance, economic benefit gained from non-compliant behaviour). Thus, most AMPs administered will be under the maximum amount. It should also be noted that the purpose of an AMP is to bring a party back into compliance and is not intended to be punitive in nature. As such, an enforcement officer would consider the impact of the AMP on the non-compliant party when determining the amount of the penalty.

Regulatory development

Consultation

Consultations prior to prepublication in the Canada Gazette, Part I

In 2018, an online discussion paper was published and broad consultations were conducted on amendments to the CSA 2001, including the proposal to increase the maximum AMP range from $25,000 to $250,000 per violation. Throughout 2018 and 2019, TC held approximately 50 individual engagement sessions and meetings on the amendments with stakeholders, such as the shipping and fishing industries, Indigenous groups, and coastal communities. There was general support for strengthening compliance and enforcement with marine safety and environmental protection requirements, including raising the maximum AMPs. These amendments received royal assent in December 2018.

In April 2021, at the national Canadian Marine Advisory Council (CMAC) meeting, marine industry stakeholders were consulted on the policy basis for these proposed amendments to the AMPNR, which outlines the penalty ranges up to $250,000, how they are determined, and how specific penalties within these ranges would be assessed in practice. Stakeholders were supportive of the proposed AMP policy framework and higher penalty amounts to strengthen TC’s effectiveness in encouraging responsible industry behaviour.

From May 4 to July 15, 2022, TC sought comments through an online discussion paper on the proposed AMPs policy framework. The discussion paper was made available broadly to Canadians and domestic and international parties that would be subject to these updated penalties. TC received comments from four parties, including one individual, a port authority, a union, and an industry association representing the owners and operators of vessels that are 100 m in length or longer.

In general, the respondents did not express concerns with increasing the amounts of the AMPs. Rather, respondents requested clarification on how the policy framework would be implemented with respect to the following points:

One individual and a union expressed the need for stronger penalties beyond $250,000 for more serious violations, especially those involving death, to more effectively deter and redress non-compliance. While AMPs cannot exceed the maximum amount prescribed in the CSA 2001, it should be noted that there are other enforcement tools available under the CSA 2001 to address more serious offences, such as a summary conviction to a fine of up to $1 million and/or imprisonment for a term of up to 18 months.
One individual and an industry association called for the policy framework to define more clearly what constitutes a “minor,” “medium” and “serious” offence, and provide further details regarding specific violations that would fall under each of the three levels of gravity. The Regulations provide specific penalty ranges for each listed violation that, when combined with the penalty ranges for individuals, vessels and corporations identified in the framework, provide clarity on the maximum penalty amount that could be administered to a party for a given violation.
The industry association also called for further clarity in how TC would assess aggravating factors that may be subjective, such as “actual or potential harm.” In accordance with the AMPs policy framework, TC considers various factors when determining the amount of an AMP, including the gravity of the violation, the class of violator, the size of the vessel (if applicable), and various aggravating and mitigating factors. Aggravating factors may include the violator’s history of non-compliance; the actual or potential harm that was or could have been caused; and whether the violator gained an economic or financial benefit from committing the violation. Examples of mitigating factors that may be considered include whether reasonable steps were taken to come into compliance on the violator’s own initiative or to prevent, limit or eliminate the violation’s consequences; whether the violator provided reasonable assistance to authorities and/or cooperated with directions; and whether the violator brought the violation to the attention of TC before the Department was made aware by other means. It should be noted that these existing TC policies and guidelines would be unaltered by the Regulations and there would be no change in the methodology or manner in which TC administers penalties under the AMPNR. These policies and guidelines will also be applied in the same fashion to the proposed designated violations under the ASSPPR and the VFSR.
A union called for a regular review of the use of AMPs to evaluate their efficacy in achieving compliance goals and suggested that TC maintain and publish statistics on the number and severity of AMPs issued on an annual basis. TC is required under the CSA 2001 to keep a public record of notations and violations. Since 2016, the Department has published a list of annual administrative enforcement action summaries on its Administrative Enforcement Action Summaries webpage.
Some respondents also proposed changes to the regulatory framework, including enabling enforcement officers under the Canada Marine Act to administer AMPs for certain violations of the CSA 2001 and the Contravention Regulations, and removing regulatory exemptions for tugs under 15 gross tonnes. These proposed changes were determined to be outside the scope of the Regulations.

Prepublication in the Canada Gazette, Part I

The Regulations were prepublished in the Canada Gazette, Part I, on June 10, 2023, followed by a 75-day consultation period. TC received four comments: three from individuals and one from an industry association. Two of the individuals emphasized the importance of having strong penalties to ensure safety and environmental protection remain top priorities.

One individual called for strengthening penalties for those who spill oil, abandon ships or otherwise pollute Canada’s waters. The regulations increase the penalty amounts for various existing violations and establish new penalties related to requirements for preventing oil spills and other types of pollution events. For instance, the penalties for violating paragraph 168(1)(e) of the CSA 2001 (which requires operators of oil handling facilities to have the necessary procedures, equipment and resources for immediate use in the event of an oil spill) have been increased from $25,000 to up to $250,000. Further, these penalties could be applied for each day that a violation occurs. Section 23 and subsection 24(1) of the ASSPPR (which set requirements regarding preventing pollution by garbage and food waste from vessels) have been designated as violations subject to an AMP of up to $10,000 and $250,000, respectively, for each day that the violation occurs.

Violations associated with abandoning vessels fall under the Wrecked, Abandoned or Hazardous Vessels Act, which has a separate AMPs regime. Penalty amounts under this Act range from up to $50,000 in the case of an individual, and $250,000 in the case of a corporation.

The industry association raised concerns as to whether the Regulations would replace TC’s graduated enforcement approach and lead to the automatic use of AMPs for minor infractions over other methods, such as issuing warnings and notices. It is important to note that the Regulations do not represent a change to TC’s existing enforcement policy. The Regulations update penalty amounts for new and existing violations, and designate provisions under the ASSPPR and VFSR. AMPs continue to be one of several enforcement tools available to TC. Enforcement officers will continue to determine the most appropriate enforcement measure to bring a party into compliance considering the nature, circumstances, and severity of the non-compliant behaviour.

The industry association also raised concerns about increasing the penalty amounts for violations of the Ballast Water Regulations up to $250,000, when its members continue to face challenges in operating ballast water management systems in Canadian waters. Transport Canada understands that the industry may experience challenges in implementing new requirements under the Ballast Water Regulations. This is why TC has established various tools that may be used to bring parties into compliance before stronger enforcement actions are applied. For example, TC may issue an assurance of compliance detailing how a party is to bring itself into compliance with the regulations. In every case, TC will consider what measures a party took to bring themselves into compliance with requirements in determining the appropriate enforcement action.

It should also be noted that a penalty of $250,000 is intended for serious offences where multiple aggravating factors are present, such as serious actual or potential harm to people and/or the environment, a history of non-compliance, etc.

The Regulations also identify those violations for which a separate penalty can be imposed for each day the violation continues. These provisions were identified based on whether a violation can be continued day-over-day; can be remediated by the violator; and could continue, increase, or compound the risk of harm to persons and/or the environment if it continued over time. For instance, a violation of section 26 of the ASSPPR, which prohibits vessels and persons aboard vessels from discharging food waste in polar waters, except under specific circumstances, could be subject to a separate penalty for each day that food waste is discharged. In determining whether to impose a single penalty or a separate penalty per day, TC would consider the context of the non-compliant behaviour; whether the risk of or actual harm caused by the non-compliant behaviour increased with each day of non-compliance; and other aggravating factors, such as whether there was an economic gain from continued non-compliance.

The industry association noted that the penalties for various existing violations are not being updated and that a significant number of the regulations under the CSA 2001 are not being included in the AMPNR, and inquired whether there was a plan to address them in the future. Transport Canada is taking a gradual approach to revise the penalty amounts under the AMPNR and to adding new provisions. Stakeholders will be advised and consulted in advance of any future changes to the AMPNR.

No changes were made to the Regulations in response to the comments received during the prepublication.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the initiative is likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the Regulations in relation to modern treaties in effect and no modern treaty obligations were identified.

Instrument choice

AMPs continue to be an ideal enforcement tool to support marine safety and environmental protection, given their flexibility to be tailored to the nature and severity of non-compliant behaviours and the relative ease of administering them compared to other available enforcement measures. Warnings have a limited effect, especially with respect to repeated offences, and the application of contraventions is very limited under the CSA 2001 and is not applicable to the ASSPPR, the VFSR, and several other regulations contained in the AMPNR. By contrast, recommending prosecution should be a measure reserved for serious offences, and requires a resource-intensive investigation, cooperation with the Public Prosecution Service of Canada and other court-related resources. An AMPs regime is the best option to improve enforcement of the ASSPPR and the VFSR and to ensure that these regulations are similarly enforced as other marine safety and environmental protection regulations related to the CSA 2001.

The existing maximum penalty of $25,000 does not reflect the severity of potential harm or environmental damage that can be caused, such as by non-compliant large vessels, given their size and carrying capacity. It also does not serve as a strong financial disincentive so that any penalties are not seen as a “cost of doing business.” Given the vast size of Canada’s coasts and the number of vessels operating in Canadian waters, non-regulatory options, such as expanding inspections, monitoring, and enforcement activities would not be practical, and would be unlikely to further deter non-compliance among vessel owners and operators. Increasing the maximum penalty amount to $250,000 will strengthen financial deterrents, and bridge the existing gap in the range of enforcement measures between the current maximum $25,000 AMP and a summary conviction resulting in a fine of up to $1 million and/or 18 months imprisonment. Transport Canada believes that designating new penalties and increasing the maximum penalty amounts will contribute to safer marine operations.

In order for provisions of the Act and its regulations to be subject to AMPs in the event of non-compliance, those provisions must be designated as a violation. As a result, regulatory amendments to the AMPNR were determined to be the best instrument to achieve the objective of this initiative.

Regulatory analysis

Analytical framework

The costs and benefits for the Regulations have been assessed in accordance with the Treasury Board of Canada Secretariat’s (TBS) Policy on Cost-Benefit Analysis by comparing the baseline scenario against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada did not implement the Regulations. The regulatory scenario provides information on the intended outcomes of the Regulations.

In accordance with TBS’s Policy on Cost-Benefit Analysis, taxes, levies and other charges constitute transfers from one group to another, and are therefore not considered to be compliance or administrative costs, including if intended as incentives to foster compliance and change behaviour. Correspondingly, the costs to pay for AMPs, as well as the revenue to the Government of Canada generated through AMPs, are not considered costs nor benefits within the scope of the regulatory analysis since they are outside the normal course of business, occurring only in instances of non-compliance.

Baseline and regulatory scenarios

Under the baseline scenario, the penalty ranges for the existing 1 271 provisions prescribed under the AMPNR remain at a maximum amount of up to $25,000, and provisions under the ASSPPR (SOR/2017-286) and the VFSR (SOR/2007-126) are not subject to AMPs.

Under the regulatory scenario, the maximum AMP amount for 191 provisions prescribed in the AMPNR (including 121 provisions under the CSA 2001 and 70 provisions under 6 regulations made under the CSA 2001) is increased from $25,000 to $250,000. Furthermore, the Regulations designate existing requirements under the ASSPPR and the VFSR as violations (18 related to ASSPPR and 154 to the VFSR) subject to AMPs and prescribe corresponding penalty ranges.

Benefits and costs

Benefits

The Regulations are expected to further promote compliance by increasing the maximum range of AMPs so that they serve as a deterrent to non-compliance. Where there are instances of non-compliance, the Regulations will strengthen enforcement by ensuring that penalties are commensurate with the gravity and consequences of the non-compliance.

Increasing fine amounts also enables Transport Canada to send a clear message regarding its commitment to support safe navigation and marine transportation, protect the marine environment, and meet international maritime obligations.

Costs

The Regulations will not impose additional costs on industry stakeholders. Furthermore, as the Regulations largely update existing penalties, TC does not need to hire additional enforcement officers or marine safety inspectors (MSI). While the Regulations include new violations subject to AMPs under the ASSPPR and the VFSR, these violations are already regulatory requirements that are enforced by TC through other enforcement measures. Therefore, the Regulations do not change the number of requirements for vessel owners and operators, but merely provide another tool to enforce existing regulations.

In addition, existing enforcement officers and MSI at TC do not require additional training on the Regulations, as training procedures currently in place have already encompassed all of the existing penalty ranges and requirements associated with the amendments. While the existing training materials need to be updated to include this initiative and an email notification sent to inform enforcement officers and MSI of the new requirements, costs associated with this update and email notification are expected to be minimal.

Small business lens

Analysis conducted under the small business lens concluded that the Regulations do not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply to this initiative, as there will be no incremental change in administrative burden on businesses.

Regulatory cooperation and alignment

The Regulations are not related to any commitment under a formal regulatory cooperation forum, nor do they impact the mandate of any other Minister. AMP regimes are common in the Canadian federal regulatory landscape, and several AMP regimes are already in place at TC. AMP regimes are also used to foster compliance with a wide range of federal regulations in other countries, including the United States, the United Kingdom and Australia. In the United States, AMPs are used to enforce acts and regulations in ports and in the parts of the St. Lawrence Seaway under American jurisdiction.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

A gender-based analysis plus (GBA+) assessment was conducted to determine if the Regulations would have differential impacts on the basis of identity factors such as gender, race, ethnicity, sexuality, etc. The assessment determined that the Regulations are not expected to result in any disproportionate impacts on any group of persons based on identity factors.

Implementation, compliance and enforcement, and service standards

The Regulations come into force the date on which they are published in the Canada Gazette, Part II.

The Regulations update the penalty ranges for existing violations listed in the AMPNR, as well as designate various provisions of the ASSPPR, the VFSR and subsection 10.1(4) of the CSA 2001 as violations. Industry stakeholders and MSI and enforcement officers will be advised once the new penalty ranges have been published via email from the Canadian Marine Advisory Council Secretariat.

AMPs will continue to be one of the several compliance and enforcement tools that are used by TC to respond to non-compliance with the CSA 2001 and a number of its regulations. Other tools include oral counselling, written warnings, assurances of compliance, the issuance of tickets under the Contraventions Regulations, prosecution of a summary or indictable offence, the suspension or cancellation of a Canadian maritime document, and vessel detention. Deciding which tool to use would depend on the

seriousness of the non-compliance;
circumstances when the non-compliance was committed (e.g. whether it was committed willfully or deliberately);
seriousness of any consequences;
compliance record of the offender; and
willingness of the offender to take measures to ensure compliance in the future.

In all cases, the enforcement response by TC would be tailored to achieve both compliance and deterrence. AMPs would generally be imposed only where less drastic enforcement tools cannot achieve that objective. As a matter of general policy, vessels and corporations would be subject to higher penalties than individuals.

AMPs can be imposed within two years after the day which the Minister becomes aware of the violation. Payment of AMPs must be made within 30 days of receiving the notice of violation by means of credit card, certified cheque or money order made payable to the Receiver General for Canada. If the penalty associated with the violation is not paid, it becomes a debt due to His Majesty.

Parties subject to an AMP who believe that the AMP was issued incorrectly can apply to the Transportation Appeal Tribunal of Canada (TATC) to have the penalty 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. Parties can request an appeal of a TATC decision before the Federal Court of Canada.

The costs associated with implementing amendments, such as updating the reference to the new penalty amounts in training materials, would not require additional funding, and would be managed within TC’s existing resources.

Contact

Transport Canada
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Email: adminmonetarypenalties-sanctionsadminpecuniaires@tc.gc.ca

Language selection

Search