Ticketing for Port and Harbour Offences

Summary#

The Regulations Amending the Contraventions Regulations: SOR/2022-101 add about 70 existing port- and harbour-related offences to the federal ticketing regime. The change — registered on May 17, 2022 and published on June 8, 2022 — lets officers offer set fines instead of taking minor cases to court.

What it does#

• It amends the Contraventions Regulations so offences from the Canada Marine Act and several marine/port regulations can be enforced by ticket under the Contraventions Act.
• The regulations add new entries to Schedule I listing the designated contraventions, short descriptions and set fines.
• Fine amounts generally range from $125 to $500, with some vehicle-related fines matching provincial/municipal amounts up to $2,000.
• Examples of newly designated contraventions include:
  • Under the Canada Marine Act: failing to follow directions from a person designated by a port authority — $500.
  • Under the Port Authorities Operations Regulations: failing to keep a required checklist available for inspection — $125.
  • Under the Public Ports and Public Port Facilities Regulations: removing or defacing a sign at a public port facility — $125.
  • Under the Seaway Property Regulations and Natural and Man-made Harbour Navigation and Use Regulations: failing to follow fire protection measures or failing to report an emergency — $500.
• The regulations do not create new offences or new limits; they change how existing offences can be enforced (ticketing instead of only court-based prosecution).

Who's affected#

• Canada Port Authorities, Transport Canada, St. Lawrence Seaway Management Corporation and the Department of National Defence (as organizations whose rules are covered).
• Vessel operators, port users, contractors and anyone who works in or visits ports, public port facilities, seaways or harbours — especially people who drive or operate equipment there.
• Enforcement officers who will now have the ticketing tool available.
• The source says small businesses are not expected to be affected in a new way because no new rules were created.

Why it matters#

• Ticketing is a quicker, simpler way to handle minor breaches. People can pay a set fine instead of going to court. That can avoid criminal records for low-level regulatory breaches.
• Ports and harbour authorities get a more consistent and proportionate way to enforce safety, navigation and environmental rules across different types of port facilities.
• In practice, the change could mean more on-the-spot tickets for things like unsafe vehicle operation, failure to follow port instructions, or not reporting spills or emergencies — and less reliance on longer court proceedings.