Canada Marine Act (S.C. 1998, c. 10)

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Act current to 2019-06-20 and last amended on 2018-05-23. Previous Versions

PART 4Regulations and Enforcement (continued)

Offences and Punishment (continued)

Marginal note:Order to comply

  •  (1) If a person or ship is guilty of an offence under Part 1 or the regulations made under paragraph 27(1)(a), a court in which proceedings in respect of the offence are taken may, in addition to any punishment it may impose, order the person or ship to comply with those provisions for the contravention of which the person or ship is convicted.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under Part 1 or the regulations made under paragraph 27(1)(a).

  • 1998, c. 10, s. 129
  • 2008, c. 21, s. 56

Administrative Monetary Penalties

Marginal note:Definition of Appeal Tribunal

 For the purposes of sections 129.06, 129.08 and 129.1 to 129.13, Appeal Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

  • 2008, c. 21, s. 57

Marginal note:Violations

 Every person or ship that contravenes a provision or instruction designated under paragraph 129.03(a) commits a violation and is liable to an administrative monetary penalty not exceeding the maximum established by regulation.

  • 2008, c. 21, s. 57

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) designating any of the following as a provision or instruction whose contravention may be proceeded with as a violation, namely,

    • (i) any provision of this Act, other than paragraphs 59(1)(d) and 126(b),

    • (ii) any provision of the regulations, or

    • (iii) any instruction that may be given under the regulations;

  • (b) establishing the maximum administrative monetary penalty for a particular violation, which may not exceed $5,000 in the case of an individual and $25,000 in the case of a corporation or ship;

  • (c) establishing criteria to be taken into account in determining the penalty;

  • (d) designating provisions or instructions the contravention of which, if continued on more than one day, constitutes a separate violation in respect of each day during which the violation is continued;

  • (e) respecting the service of the notice that is required to be served under subsection 129.05(1), including the manner and proof of service and the circumstances under which the notice is deemed to be served; and

  • (f) generally, for carrying out the purposes and provisions of this section and sections 129.04 to 129.17.

  • 2008, c. 21, s. 57

Marginal note:Criteria for penalty

 The administrative monetary penalty imposed is, in each case, to be determined taking into account

  • (a) the purpose of the penalty, which is to promote compliance with this Act and not to punish;

  • (b) the seriousness of the violation, including the frequency and duration of the conduct;

  • (c) the history of the person or ship that has been served with the notice of violation with respect to any prior violation or conviction under this Act within the five-year period immediately before the violation; and

  • (d) any other criteria established under paragraph 129.03(c).

  • 2008, c. 21, s. 57

Marginal note:Notice of violation

  •  (1) If an enforcement officer believes on reasonable grounds that a person or ship has committed a violation, the officer may issue, and shall cause to be served on the person or ship, a notice of violation.

  • Marginal note:Content of notice

    (2) The Minister may establish the form and content of notices of violation, but each notice of violation shall

    • (a) name the person or ship believed to have committed the violation;

    • (b) identify the violation;

    • (c) set out the administrative monetary penalty that the person or ship is liable to pay;

    • (d) set out the particulars concerning the time for and manner of paying the penalty and the time for and manner of requesting a review; and

    • (e) inform the person or ship that, if they do not pay the penalty or request a review in accordance with the particulars set out in the notice, they will be deemed to have committed the violation and the penalty set out in the notice will be imposed.

  • 2008, c. 21, s. 57

Marginal note:Option

 A person or ship that has been served with a notice of violation shall either pay the penalty set out in the notice or file with the Appeal Tribunal a written request for a review of the facts of the alleged violation or of the amount of the penalty.

  • 2008, c. 21, s. 57

Marginal note:Payment of penalty

 If the person or ship pays the penalty in accordance with the particulars set out in the notice of violation, the person or ship is deemed to have committed the violation and proceedings in respect of the violation are ended.

  • 2008, c. 21, s. 57

Marginal note:Request for review

  •  (1) A request for a review shall be filed with the Appeal Tribunal at the address set out in the notice of violation on or before the date specified in the notice or within any further time that the Appeal Tribunal, on application, may allow.

  • Marginal note:Time and place for review

    (2) On receipt of the request, the Appeal Tribunal shall appoint a time and place for the review and shall so notify, in writing, the Minister and the person or ship that filed the request.

  • Marginal note:Review procedure

    (3) The member of the Appeal Tribunal who is assigned to conduct the review shall provide the Minister and the person or ship that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

  • Marginal note:Burden of proof

    (4) The burden of establishing that a person or ship has committed the violation identified in the notice is on the Minister.

  • Marginal note:Person or ship not compelled to testify

    (5) A person or ship that is alleged to have committed a violation is not required, and may not be compelled, to give any evidence or testimony in the matter.

  • 2008, c. 21, s. 57

Marginal note:Failure to pay penalty or request review

 A person or ship that neither pays the penalty nor files a request for a review in accordance with the particulars set out in the notice of violation is deemed to have committed the violation.

  • 2008, c. 21, s. 57

Marginal note:Determination by Appeal Tribunal member

  •  (1) At the conclusion of a review under section 129.08, the member of the Appeal Tribunal who conducts the review shall without delay inform the person or ship and the Minister of the member’s determination on the review.

  • Marginal note:No violation

    (2) If the member determines that the person or ship has not committed the alleged violation, then, subject to section 129.11, no further proceedings may be taken against the person or ship in respect of the alleged violation.

  • Marginal note:Violation

    (3) If the member determines that the person or ship has committed the alleged violation, then the member shall also inform the person or ship and the Minister of the administrative monetary penalty determined by the member to be payable in respect of the violation.

  • 2008, c. 21, s. 57

Marginal note:Right of appeal

  •  (1) The Minister or a person or ship affected by a determination made under section 129.1 may, within 30 days after the determination, appeal it to the Appeal Tribunal.

  • Marginal note:Loss of right of appeal

    (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Appeal Tribunal that is assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.

  • Marginal note:Obligation to inform

    (4) If the appeal panel finds that a person or ship has committed the alleged violation, the panel shall without delay inform the person or ship of the finding and of the administrative monetary penalty determined by the panel to be payable in respect of the violation.

  • 2008, c. 21, s. 57
 
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