Administrative Monetary Penalties and Notices (CSA 2001) Regulations (SOR/2008-97)
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Regulations are current to 2020-12-28 and last amended on 2019-06-25. Previous Versions
Administrative Monetary Penalties and Notices (CSA 2001) Regulations
SOR/2008-97
Registration 2008-04-03
Administrative Monetary Penalties and Notices (CSA 2001) Regulations
P.C. 2008-610 2008-04-03
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 244(f) to (j)Footnote a of the Canada Shipping Act, 2001Footnote b, hereby makes the annexed Administrative Monetary Penalties Regulations.
Return to footnote aS.C. 2001. c. 29, par. 72(p)
Return to footnote bS.C. 2001, c. 26
Interpretation
1 In these Regulations, Act means the Canada Shipping Act, 2001.
Violations
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) The range of penalties set out in column 2 of a Part of the schedule is the range of penalties in respect of a violation set out in column 1.
(3) If “X” is set out in column 3 of a Part of the schedule, a violation set out in column 1 constitutes a separate violation for each day on which it is continued.
- SOR/2012-246, s. 2
- SOR/2018-86, s. 1
Service of Documents
3 (1) This section applies in respect of the following documents:
(2) A document may be served on an individual
(3) A document may be served on a corporation by
(a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the corporation or to the corporation’s agent or mandatary;
(b) leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent or mandatary; or
(c) sending a copy of it by electronic means, other than fax, to an individual referred to in paragraph (b).
(4) A document may be served on a vessel by
(a) delivering a copy of it personally to the master or any other person who is, or appears to be, in charge of the vessel;
(b) fixing a copy of it to a prominent part of the vessel;
(c) if the vessel’s authorized representative is an individual, sending a copy of it by fax, registered mail or courier to the authorized representative; or
(d) if the vessel’s authorized representative is a corporation,
(i) sending a copy of it by fax, registered mail or courier to the authorized representative’s head office or place of business,
(ii) leaving a copy of it at the authorized representative’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the authorized representative’s agent or mandatary, or
(iii) sending a copy of it by electronic means, other than fax, to an individual referred to in subparagraph (ii).
(5) A document that is served by registered mail is deemed to be served on the fourth day after the day on which it was mailed.
(6) The following means are sufficient to prove service of a document:
- SOR/2012-246, s. 3(E)
Notices
4 (1) This section applies in respect of the following notices:
(2) A notice may be given to an individual
(3) A notice may be given to a corporation by
(a) sending a copy of it by fax or courier to the head office or place of business of the corporation or to the corporation’s agent or mandatary;
(b) leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent or mandatary; or
(c) sending a copy of it by electronic means, other than fax, to an individual referred to in paragraph (b).
(4) A notice may be given to a vessel by
(a) delivering a copy of it personally to the master or any other person who is, or appears to be, in charge of the vessel;
(b) fixing a copy of it to a prominent part of the vessel;
(c) if the vessel’s authorized representative is an individual, sending a copy of it by fax or courier to the authorized representative; or
(d) if the vessel’s authorized representative is a corporation,
(i) sending a copy of it by fax or courier to the authorized representative’s head office or place of business,
(ii) leaving a copy of it at the authorized representative’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the authorized representative’s agent or mandatary, or
(iii) sending a copy of it by electronic means, other than fax, to an individual referred to in subparagraph (ii).
- SOR/2012-246, s. 4
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