Administrative Monetary Penalties and Notices (CSA 2001) Regulations (SOR/2008-97)

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.

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 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:

  • (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.

Notices

• 4 (1) This section applies in respect of the following notices:

  • (a) a notice of refusal to issue referred to in subsection 16(5) of the Act;

  • (b) a notice of proposed suspension or cancellation referred to in section 20.1 of the Act; and

  • (c) a notice of suspension, cancellation or refusal to renew referred to in section 20.3 of the Act.

• (2) A notice may be given to 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 courier, fax or other electronic means to the last known address or usual place of residence of the 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).