Administrative Fines for Canada Marine Act

Summary#

This Canada Gazette notice proposes the Administrative Monetary Penalties (Canada Marine Act) Regulations, a new system that would let enforcement officers issue fines for many breaches of the Canada Marine Act and related port rules instead of only warning or prosecuting. The proposal lists 85 designated offences and sets maximum fines up to $5,000 for individuals and $25,000 for corporations or ships, and it estimates one-time training costs of $18,900.

What it does#

• Creates an administrative fines system (AMPs) for the Canada Marine Act and four associated sets of regulations.
• Designates 85 specific provisions that could lead to a monetary penalty.
• Classifies violations as minor, serious, or very serious and sets maximum penalties of: $1,250–$5,000 for individuals and $1,250–$25,000 for corporations or ships, depending on severity.
• Explains how a fine would be calculated using a formula that adds a baseline amount plus adjustments for past non‑compliance, harm, and any economic gain, and then subtracts a reduction for mitigating factors.
• Marks some offences so that a separate penalty can be charged for each day the breach continues.
• Allows a person or company that gets a notice of violation to pay the penalty (payment must be made within 30 days) or ask the Transportation Appeals Tribunal of Canada to review the decision.
• Sets practical rules for serving notices and for payment methods (credit card, certified cheque, or money order).
• Requires a small one-time update to training for enforcement officers: redevelopment of the initial module and an online refresher course. The government estimated total training-related costs at $18,900 (present-value over the first year).

Who's affected#

• Enforcement organizations and officers, including Transport Canada, the Department of National Defence, Canada Port Authorities and the St. Lawrence Seaway Management Corporation. The regulatory analysis expected about 87 third-party enforcement officers and 15 government enforcement officers would need the refresher training.
• Port operators and managers, including the Canada Port Authorities and public ports.
• Vessel owners and operators, ships, crew members, contractors working in ports (for example, dredging companies), and anyone else who must follow the listed port, harbour and seaway rules.
• The general public could notice effects indirectly through changes in how ports are policed.
• Transport Canada noted it did not have data to predict exactly how many violations would be avoided if the AMPs system is put in place.

Why it matters#

• Gives enforcement officers a middle option between a verbal warning and expensive court prosecution. That can make enforcement quicker and more consistent.
• A clear, predictable fine system may encourage better compliance with port and harbour safety rules. That could reduce risky behaviour, lower the chance of accidents, and protect people, property and the environment.
• For regulated businesses and vessel operators, it means there is a real financial consequence for some breaches, but fewer cases going to court.
• The rule-making is a proposal and Transport Canada expected the regulations to come into force upon registration (anticipated in spring 2022). The department also estimated the one-time training and rollout costs would be modest ($18,900).
• Uncertainty remains about how many violations would be prevented and how enforcement will change in practice because Transport Canada said it lacks the data to estimate those effects.