Administrative Monetary Penalties Regulations
SOR/2008-97
Registration 2008-04-03
Administrative Monetary Penalties 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 set out in column 1 of the schedule 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 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 the schedule, a violation set out in column 1 constitutes a separate violation for each day on which it is continued.
Service of Documents
3 (1) This section applies in respect of the following documents:
(a) a notice of violation referred to in paragraph 229(1)(b) of the Act;
(b) a notice of compliance referred to in section 231 of the Act; and
(c) a notice of default referred to in subsection 231.1(1) of the Act.
(2) A document may be served on an individual
(a) personally, by leaving a copy of it
(i) with the individual, or
(ii) 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
(b) by sending a copy of it by registered mail, courier, fax or other electronic means to the last known address or usual place of residence of the 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;
(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
(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
(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:
(a) in the case of a document transmitted by fax, a proof of transmission produced by the fax machine that sets out the date and time of transmission; or
(b) in any other case, an acknowledgment of service signed by or on behalf of the person served, specifying the date and place of service.
Coming into Force
4 These Regulations come into force on the day on which they are registered.
SCHEDULE(Section 2)
Violations
| Item | Column 1 | Column 2 | Column 3 |
|---|---|---|---|
| Provision of the Act | Range of Penalties ($) | Separate Violation for Each Day | |
| 1 | Subsection 16(3) | 600 to 2,400 | |
| 2 | Subsection 17(2) | 600 to 12,000 | |
| 3 | Section 18 | 250 to 5,000 | |
| 4 | Subsection 20(2) | 600 to 10,000 | |
| 5 | Paragraph 23(a) | 1,250 to 25,000 | |
| 6 | Paragraph 23(b) | 1,250 to 25,000 | |
| 7 | Paragraph 23(c) | 1,250 to 25,000 | |
| 8 | Paragraph 23(d) | 1,250 to 25,000 | |
| 9 | Paragraph 23(e) | 1,250 to 25,000 | |
| 10 | Subsection 28(7) | 1,250 to 25,000 | |
| 11 | Subsection 46(2) | 1,250 to 10,000 | X |
| 12 | Subsection 57(1) | 600 to 10,000 | X |
| 13 | Subsection 57(3) | 600 to 10,000 | |
| 14 | Subsection 57(4) | 600 to 12,000 | |
| 15 | Subsection 58(1) | 250 to 5,000 | |
| 16 | Subsection 58(2) | 1,250 to 10,000 | |
| 17 | Subsection 58(3) | 250 to 5,000 | |
| 18 | Subsection 58(4) | 250 to 5,000 | |
| 19 | Subsection 63(1) | 250 to 5,000 | |
| 20 | Subsection 63(2) | 250 to 5,000 | |
| 21 | Subsection 63(3) | 600 to 10,000 | |
| 22 | Subsection 64(2) | 250 to 1,000 | |
| 23 | Subsection 82(1) | 250 to 1,000 | |
| 24 | Subsection 82(2) | 1,250 to 25,000 | X |
| 25 | Subsection 82(3) | 1,250 to 5,000 | X |
| 26 | Section 87 | 1,250 to 5,000 | |
| 27 | Subsection 90(1) | 1,250 to 5,000 | |
| 28 | Subsection 90(2) | 600 to 2,400 | |
| 29 | Paragraph 91(1)(a) | 250 to 5,000 | |
| 30 | Paragraph 91(1)(b) | 250 to 5,000 | |
| 31 | Section 92 | 250 to 5,000 | |
| 32 | Subsection 93(1) | 250 to 5,000 | |
| 33 | Subsection 93(2) | 250 to 5,000 | |
| 34 | Subsection 94(1) | 600 to 12,000 | |
| 35 | Subsection 97(1) | 250 to 1,000 | |
| 36 | Subsection 97(2) | 250 to 1,000 | |
| 37 | Subsection 97(3) | 250 to 1,000 | |
| 38 | Subsection 97(4) | 250 to 1,000 | |
| 39 | Paragraph 98(a) | 250 to 5,000 | |
| 40 | Paragraph 98(b) | 250 to 5,000 | |
| 41 | Paragraph 98(c) | 250 to 5,000 | |
| 42 | Paragraph 98(d) | 250 to 5,000 | |
| 43 | Paragraph 98(e) | 600 to 12,000 | |
| 44 | Paragraph 106(1)(a) | 1,250 to 25,000 | |
| 45 | Paragraph 106(1)(b) | 1,250 to 25,000 | |
| 46 | Paragraph 106(1)(c) | 1,250 to 25,000 | |
| 47 | Paragraph 106(2)(a) | 1,250 to 25,000 | |
| 48 | Paragraph 106(2)(b) | 1,250 to 25,000 | |
| 49 | Section 107 | 1,250 to 25,000 | |
| 50 | Subsection 109(1) | 1,250 to 25,000 | |
| 51 | Subsection 109(2) | 1,250 to 25,000 | |
| 52 | Subsection 110(1) | 1,250 to 25,000 | |
| 53 | Subsection 110(2) | 1,250 to 25,000 | |
| 54 | Section 111 | 1,250 to 25,000 | |
| 55 | Section 112 | 600 to 12,000 | |
| 56 | Paragraph 113(a) | 1,250 to 5,000 | |
| 57 | Paragraph 113(b) | 1,250 to 5,000 | |
| 58 | Paragraph 113(c) | 1,250 to 5,000 | |
| 59 | Paragraph 113(d) | 1,250 to 5,000 | |
| 60 | Section 114 | 1,250 to 5,000 | |
| 61 | Subsection 115(1) | 600 to 2,400 | |
| 62 | Subsection 115(2) | 250 to 1,000 | |
| 63 | Paragraph 116(a) | 600 to 2,400 | |
| 64 | Paragraph 116(b) | 600 to 2,400 | |
| 65 | Section 117 | 1,250 to 25,000 | |
| 66 | Section 118 | 1,250 to 25,000 | |
| 67 | Section 119 | 1,250 to 25,000 | |
| 68 | Paragraph 148(b) | 250 to 5,000 | |
| 69 | Section 187 | 1,250 to 25,000 | X |
| 70 | Section 188 | 6,000 to 25,000 | |
| 71 | Section 213 | 6,000 to 25,000 | |
| 72 | Section 215 | 1,250 to 25,000 | |
| 73 | Subsection 218(1) | 1,250 to 25,000 | |
| 74 | Subsection 222(9) | 1,250 to 25,000 | |
| 75 | Subsection 222(10) | 1,250 to 25,000 | |
| 76 | Section 223 | 1,250 to 25,000 |
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