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Version of document from 2023-06-19 to 2023-07-04:

Administrative Monetary Penalties (Canada Marine Act) Regulations

SOR/2023-138

CANADA MARINE ACT

Registration 2023-06-19

Administrative Monetary Penalties (Canada Marine Act) Regulations

P.C. 2023-585 2023-06-16

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 129.03Footnote a of the Canada Marine ActFootnote b, makes the annexed Administrative Monetary Penalties (Canada Marine Act) Regulations.

Definition

The following provision is not in force.

Marginal note:Definition of Act

 In these Regulations, Act means the Canada Marine Act.

Designation

The following provision is not in force.

Marginal note:Provisions of the Act and its regulations

 A provision of the Act or its regulations that is set out in column 1 of a Part of Schedule 1 is designated as a provision whose contravention may be proceeded with as a violation in accordance with the Act.

Classification

The following provision is not in force.

Marginal note:Seriousness of violation

 A violation of a provision set out in column 1 of a Part of Schedule 1 is classified as minor, serious or very serious as set out in column 2 of that Part.

Penalties

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Marginal note:Maximum amount — individual

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     (1) The maximum amount of a penalty payable by an individual with respect to a violation of a provision set out in column 1 of a Part of Schedule 1 is

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      (a) $1,250 in the case of a minor violation;

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      (b) $2,500 in the case of a serious violation; and

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      (c) $5,000 in the case of a very serious violation.

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    Marginal note:Maximum amount — corporation or ship

    (2) The maximum amount of a penalty payable by a corporation or ship with respect to a violation of a provision set out in column 1 of a Part of Schedule 1 is

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      (a) $6,250 in the case of a minor violation;

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      (b) $12,500 in the case of a serious violation; and

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      (c) $25,000 in the case of a very serious violation.

The following provision is not in force.

Marginal note:Calculation — penalty

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     (1) The amount of the penalty for each violation is to be determined by the formula

    A + B + C + D – E

    where

    A
    is the baseline penalty amount as determined under section 6;
    B
    is the history of non-compliance amount, if any, as determined under section 7;
    C
    is the harm amount, if any, as determined under section 8;
    D
    is the economic gain amount, if any, as determined under section 9; and
    E
    is the mitigating factor amount, if any, as determined under subsection (2).
  • The following provision is not in force.

    Marginal note:Determination of mitigating factor amount

    (2) The mitigating factor amount referred to in element E of the formula is obtained by multiplying the percentage determined under section 10 by the sum of elements A, B, C and D.

The following provision is not in force.

Marginal note:Baseline penalty amount

 The baseline penalty amount applicable to a violation is the amount set out in column 2 of Part 1 of Schedule 2, in the case of an individual, or Part 2 of that Schedule, in the case of a corporation or ship, that corresponds to the seriousness of the violation set out in column 1 of the applicable Part.

The following provision is not in force.

Marginal note:History of non-compliance amount

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     (1) If the violator has a history of non-compliance, the history of non-compliance amount applicable to a violation is the amount set out — for the number of incidents of non-compliance — in column 3 of Part 1 of Schedule 2, in the case of an individual, or Part 2 of that Schedule, in the case of a corporation or ship, that corresponds to the seriousness of the violation set out in column 1 of the applicable Part.

  • The following provision is not in force.

    Marginal note:History of non-compliance

    (2) A violator has a history of non-compliance if, in the five years before the violation,

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      (a) a notice of violation was issued to them for a violation of the same provision or a similar provision of the Act or its regulations, and they

      • (i) have paid the penalty for the violation under section 129.06 of the Act,

      • (ii) are deemed, under section 129.09 of the Act, to have committed the violation, or

      • (iii) were subject to a determination made under subsection 129.1(3) or 129.11(3) of the Act that they committed the violation; or

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      (b) the violator was found guilty of an offence under the Act.

The following provision is not in force.

Marginal note:Harm amount

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     (1) If the violation results or may result in harm, the harm amount is the amount set out in column 4 of Part 1 of Schedule 2, in the case of an individual, or Part 2 of that Schedule, in the case of a corporation or ship, that corresponds to the seriousness of the violation set out in column 1 of the applicable Part, and that corresponds to the category of real or potential impact on the safety of persons and property and on the environment, as determined under subsection (2).

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    Marginal note:Category of impact

    (2) The category of real or potential impact is

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      (a) weak, if the real or potential impact of the violation is trivial;

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      (b) moderate, if the real or potential impact of the violation is not trivial but there is no substantial or widespread impact on property or the environment and no injury to anyone; and

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      (c) high, if the real or potential impact of the violation on property or the environment is substantial or widespread or an individual is injured.

The following provision is not in force.

Marginal note:Economic gain amount

 If, as a result of the violation, the violator benefits from an economic gain or competitive advantage, including by obtaining revenue, profit or income or avoiding or delaying any cost, the economic gain amount is the amount set out in column 5 of Part 1 of Schedule 2, in the case of an individual, or Part 2 of that Schedule, in the case of a corporation or ship, that corresponds to the seriousness of the violation set out in column 1 of the applicable Part.

The following provision is not in force.

Marginal note:Mitigating factors amount

 The percentage that is to be used to calculate the mitigating factor amount is the percentage set out in column 6 of Part 1 of Schedule 2, in the case of an individual, or Part 2 of that Schedule, in the case of a corporation or ship, that corresponds to the seriousness of the violation set out in column 1 of the applicable Part and is

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    (a) 20%, if the violator voluntarily discloses the violation to an enforcement officer; or

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    (b) 10%, if the violator cooperates with the enforcement officer or has taken voluntary measures to mitigate the harm caused or the harm that could have been caused by the violation.

The following provision is not in force.

Marginal note:Continuing violation

 If an “X” is set out in column 3 of a Part of Schedule 1, a violation of a provision set out in column 1 constitutes a separate violation for each day on which it is continued.

Service

The following provision is not in force.

Marginal note:Methods of service

 An enforcement officer may serve a notice of violation

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    (a) in the case of an individual,

    • (i) by leaving a copy of it with the individual or, if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual, or

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

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    (b) in the case of a corporation,

    • (i) by sending a copy of it by registered mail, courier or fax or other electronic means to the head office or place of business of the corporation, or

    • (ii) by leaving a copy of it with an officer or other individual who appears to direct or control the head office or place of business of the corporation or with the corporation’s agent or mandatary; and

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    (c) in the case of a ship,

    • (i) by leaving a copy of it with the owner, master or any individual who is, or appears to be, in charge of the ship, or

    • (ii) by fixing a copy of it to a prominent part of the ship.

The following provision is not in force.

Marginal note:Proof of service

 Service may be proven by

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    (a) in the case of service in person, a certificate of service, in a form approved by the Minister and signed by the person who serves the notice of violation, and that indicates the name of the person receiving the notice and the means by which and day on which service was effected;

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    (b) in the case of service by fax or other electronic means, a record of electronic transmission that sets out the date and time of transmission; and

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    (c) in any other case, an acknowledgment of service signed by or on behalf of the person served, that specifies the date, place and means of service.

The following provision is not in force.

Marginal note:Effective date of service

 Service is effective

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    (a) in the case of a certificate of service, on the day indicated on the certificate;

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    (b) in the case of service by fax or other electronic means, on the day indicated on the record of transmission; and

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    (c) in the case of service by registered mail or courier, on the fourth day after the day on which a copy of the notice of violation is sent, as indicated on the receipt issued by the postal or courier service.

Payment

The following provision is not in force.

Marginal note:Payment options

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     (1) Any payment of a penalty required under these Regulations must be made within 30 days after the day on which the notice of violation is served.

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    Marginal note:Method of payment

    (2) The payment must be made by means of credit card, or a certified cheque or money order made payable to the Receiver General for Canada.

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    Marginal note:Deemed date of payment

    (3) The payment is deemed to have been made

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      (a) on the date indicated on the receipt, if the payment is made in person;

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      (b) on the date indicated on the postmark stamped on the envelope, if the amount is sent by regular mail;

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      (c) on the date indicated on the receipt issued by the postal or courier service, if the payment is sent by registered mail or courier; and

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      (d) on the date the transaction was processed, if the payment was made by credit card.

Coming into Force

Marginal note:Registration

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

The following schedule is not in force.

SCHEDULE 1(Sections 2 and 3, subsections 4(1) and (2) and section 11)Violations — Canada Marine Act and its Regulations

PART 1

Canada Marine Act

Column 1Column 2Column 3
ItemProvisionClassificationSeparate Violation for Each Day
1Subsection 58(3)Very serious
2Paragraph 59(1)(a)Very serious
3Paragraph 59(1)(b)Very serious
4Subsection 116(2)Very serious
5Paragraph 126(a)Very serious
6Paragraph 126(c)Very serious

PART 2

Port Authorities Operations Regulations

Column 1Column 2Column 3
ItemProvisionClassificationSeparate Violation for Each Day
1Paragraph 5(a)Very serious
2Paragraph 5(b)Very seriousX
3Paragraph 5(c)Very seriousX
4Paragraph 5(d)Serious
5Paragraph 5(e)Very seriousX
6Paragraph 5(g)Very serious
7Paragraph 5(h)Very seriousX
8Paragraph 5(i)Very seriousX
9Section 6Very serious
10Section 7Very serious
11Paragraph 13(1)(b)
  • (a) Serious (in the case of the requirement to notify without delay); or

  • (b) Minor (in the case of the requirement to provide a description)

12Section 14Very serious
13Paragraph 15(a)Serious
14Paragraph 15(c)Very serious
15Paragraph 16(b)Minor
16Paragraph 17(a)Very serious
17Paragraph 17(b)Minor
18Paragraph 17(c)Minor
19Section 18Minor
20Subsection 28(1)Serious
21Subsection 32(4)Minor

PART 3

Public Ports and Public Port Facilities Regulations

Column 1Column 2Column 4
ItemProvisionClassificationSeparate Violation for Each Day
1Paragraph 14(a)Very serious
2Paragraph 14(b)Very seriousX
3Paragraph 14(c)Very seriousX
4Paragraph 14(d)Serious
5Paragraph 14(e)Very seriousX
6Paragraph 14(g)Very serious
7Paragraph 14(h)Very seriousX
8Paragraph 14(i)Very seriousX
9Section 15Very serious
10Paragraph 23(1)(b)
  • (a) Serious (in the case of the requirement to notify without delay); or

  • (b) Minor (in the case of the requirement to provide a description)

11Section 24Very serious
12Paragraph 25(a)Serious
13Paragraph 25(c)Very serious
14Paragraph 26(c)Minor
15Paragraph 27(a)Very serious
16Paragraph 27(b)Minor
17Paragraph 27(c)Minor
18Paragraph 28(a)Very serious
19Paragraph 28(b)Minor
20Subsection 36(1)Serious
21Subsection 40(3)Minor

PART 4

Seaway Property Regulations

Column 1Column 2Column 3
ItemProvisionClassificationSeparate Violation for Each Day
1Paragraph 5(a)Very serious
2Paragraph 5(b)Very seriousX
3Paragraph 5(c)Very seriousX
4Paragraph 5(d)Serious
5Paragraph 5(e)Very seriousX
6Paragraph 5(g)Very serious
7Paragraph 5(h)Very seriousX
8Paragraph 5(i)Very seriousX
9Section 6Very serious
10Section 7Very serious
11Paragraph 16(1)(b)
  • (a) Serious (in the case of the requirement to notify without delay); or

  • (b) Minor (in the case of the requirement to provide a description)

12Paragraph 16(1)(c)Minor
13Section 17Very serious
14Paragraph 18(a)Serious
15Paragraph 18(c)Very serious
16Paragraph 19(b)Minor
17Paragraph 20(a)Very serious
18Paragraph 20(b)Minor
19Paragraph 20(c)Minor
20Section 21Minor
21Subsection 31(1)Serious

PART 5

Natural and Man-made Harbour Navigation and Use Regulations

Column 1Column 2Column 3
ItemProvisionClassificationSeparate Violation for Each Day
1Paragraph 3(a)Very serious
2Paragraph 3(b)Serious
3Paragraph 3(c)Very serious
4Paragraph 3(e)Very serious
5Paragraph 3(f)Very serious
6Paragraph 4(1)(b)
  • (a) Serious (in the case of the requirement to notify without delay); or

  • (b) Minor (in the case of the requirement to provide a description)

7Paragraph 4(1)(c)Minor
8Section 5Very serious
9Section 6Very serious
10Paragraph 7(c)Minor
11Paragraph 8(a)Very serious
12Paragraph 8(b)Minor
13Paragraph 8(c)Minor
14Paragraph 9(a)Very serious
15Paragraph 9(b)Minor
16Subsection 16(1)Serious
The following schedule is not in force.

SCHEDULE 2(Section 6, subsections 7(1) and 8(1) and sections 9 and 10)Penalty Amounts

PART 1

Individual

Column 1Column 2Column 3Column 4Column 5Column 6
Seriousness of the ViolationBaseline Penalty Amount (A)History of Non-compliance Amount (B) based on number of incidents of non-complianceHarm Amount (C)Economic Gain Amount (D)Mitigating Factor Percentage (E)
Very Serious$1,0001: $1,000Weak: $0$1,000Voluntary disclosure of violation: 20%
2 or more: $2,000Moderate: $500Cooperation: 10%
High: $1,000Voluntary mitigation measures: 10%
Serious$5001: $500Weak: $0$500Voluntary disclosure of violation: 20%
2 or more: $1,000Moderate: $250Cooperation: 10%
High: $500Voluntary mitigation measures: 10%
Minor$2501: $250Weak: $0$250Voluntary disclosure of violation: 20%
2 or more: $500Moderate: $125Cooperation: 10%
High: $250Voluntary mitigation measures: 10%

PART 2

Corporation or Ship

Column 1Column 2Column 3Column 4Column 5Column 6
Seriousness of the ViolationBaseline Penalty Amount (A)History of Non-compliance Amount (B) based on number of incidents of non-complianceHarm Amount (C)Economic Gain Amount (D)Mitigating Factor Percentage (E)
Very Serious$5,0001: $5,000Weak: $0$5,000Voluntary disclosure of violation: 20%
2 or more: $10,000Moderate: $2,500Cooperation: 10%
High: $5,000Voluntary mitigation measures: 10%
Serious$2,5001: $2,500Weak: $0$2,500Voluntary disclosure of violation: 20%
2 or more: $5,000Moderate: $1,250Cooperation: 10%
High: $2,500Voluntary mitigation measures: 10%
Minor$1,2501: $1,250Weak: $0$1,250Voluntary disclosure of violation: 20%
2 or more: $2,500Moderate: $625Cooperation: 10%
High: $1,250Voluntary mitigation measures: 10%

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