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Marine Liability Act (S.C. 2001, c. 6)

Full Document:  

Act current to 2019-12-03 and last amended on 2018-12-13. Previous Versions

PART 8General Provisions (continued)

Administrative Monetary Penalties

Assurances of Compliance and Notices of Violation

Marginal note:Violation

  •  (1) Every person who contravenes any of the following provisions commits a violation and is liable to a penalty:

    • (a) subsections 74.4(2) and (3), paragraphs 114.1(2)(a) and (b), subsections 114.2(1), 117.1(1), 117.3(2) and 118(1) and (1.1), section 118.1 and subsection 129(7); and

    • (b) a provision of this Act or of the regulations the contravention of which is designated as a violation by a regulation made under paragraph 130.19(a).

  • Marginal note:Penalty

    (2) The maximum amount payable as the penalty for each violation set out in subsection (1) is, in the case of an individual, $50,000 and, in the case of any other person, $250,000.

  • Marginal note:Clarification

    (3) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

  • Marginal note:Nature of violation

    (4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

  • Marginal note:Due diligence defence

    (5) A person shall not be found to be liable for a violation under this Act, other than in relation to a contravention of subsection 117.3(2) or 118(1) or (1.1), if they establish that they exercised due diligence to prevent its commission.

  • 2018, c. 27, s. 744

Marginal note:Assurance of compliance or notice of violation

  •  (1) If the Minister has reasonable grounds to believe that a person has committed a violation, the Minister may

    • (a) enter into an assurance of compliance with the person that

      • (i) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,

      • (ii) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister, and

      • (iii) sets out the penalty that the person would have been liable to pay for the violation if the assurance had not been entered into; or

    • (b) issue, and cause to be served on the person, a notice of violation that names them, identifies the violation and sets out

      • (i) the penalty that the person is liable to pay for the violation,

      • (ii) the period, being 30 days after the day on which the notice is served, within which the penalty is to be paid or a review is to be requested, and

      • (iii) particulars of the manner in which, and the address at which, the penalty is to be paid or a review is to be requested.

  • Marginal note:Extension of period

    (2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control.

  • Marginal note:Short-form descriptions in notices of violation

    (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.

  • 2018, c. 27, s. 744

Marginal note:Deemed violation

  •  (1) A person who enters into an assurance of compliance under paragraph 130.02(1)(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.

  • Marginal note:Request for review

    (2) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 130.05(1), file a request with the Transportation Appeal Tribunal of Canada for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and the person is deemed to have filed a written request for a review of the facts of the violation and the amount of the penalty under paragraph 130.09(1)(b).

  • 2018, c. 27, s. 744

Marginal note:When assurance of compliance complied with

 If the Minister is satisfied that a person who has entered into an assurance of compliance under paragraph 130.02(1)(a) has complied with it, he or she shall cause a notice to that effect to be served on the person and, on the service of the notice,

  • (a) no further proceedings may be taken against the person with respect to the violation in respect of which the assurance was entered into; and

  • (b) any security deposited under subparagraph 130.02(1)(a)(ii) shall be returned to the person.

  • 2018, c. 27, s. 744

Marginal note:When assurance of compliance not complied with

  •  (1) If the Minister is of the opinion that a person who has entered into an assurance of compliance under paragraph 130.02(1)(a) has not complied with it, he or she may cause a notice of default to be served on the person to the effect that, unless a member of the Transportation Appeal Tribunal of Canada determines under section 130.07 that the assurance has been complied with, or an appeal panel of that Tribunal decides under section 130.1 that the assurance has been complied with,

    • (a) the person is liable to pay double the amount of the penalty set out in the assurance; or

    • (b) the security deposited under subparagraph 130.02(1)(a)(ii) is forfeited to Her Majesty in right of Canada.

  • Marginal note:Contents of notice

    (2) The notice shall include the address at which, and the date — being 30 days after the day on which the notice is served — on or before which, a request for a review may be filed and the particulars concerning the procedure for requesting a review.

  • Marginal note:Effect of notice of default

    (3) Once served with the notice of default, the person may not deduct from the amount set out in the notice any amount that the person spent under the assurance of compliance.

  • 2018, c. 27, s. 744

Marginal note:Manner of service

  •  (1) A notice referred to in any of sections 130.02, 130.04, 130.05 and 130.18 is to be served

    • (a) in the case of an individual,

      • (i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or

      • (ii) by sending a copy of it by registered mail, courier or electronic means to the individual’s last known address or usual place of residence; and

    • (b) in the case of a person other than an individual,

      • (i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or

      • (ii) by sending a copy of it by registered mail, courier or electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business.

  • Marginal note:Proof of service

    (2) Service may be proved by

    • (a) an acknowledgement of service signed by or on behalf of the person served, specifying the date and location of service;

    • (b) a certificate of service, signed by the person who effected the service, indicating the name of the person served and the means by which and day on which service was effected; or

    • (c) a record of electronic transmission setting out the date and time of transmission.

  • Marginal note:Date service effective

    (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective,

    • (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; and

    • (b) in the case of service by electronic means, on the day on which it is sent, as indicated on the record of transmission.

  • 2018, c. 27, s. 744
 
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