Transport Canada wants feedback on proposed changes to the Contraventions Regulations to designate violations of the Marine Transportation Security Act, Marine Transportation Security Regulations, and Domestic Ferries Security Regulations as contraventions.
Background
In 1992 the Contraventions Act gave enforcement officers the ability to issue a ticket for federal offences outlined in the regulations. The Contraventions Regulations identify and describe the types of federal offences that can use this system and set the fine for each one.
This system is a simpler way to deal with minor offences and in some cases may be used instead of an administrative monetary penalty. Anyone issued a ticket under the act can plead guilty and pay a fine without appearing in court or getting a criminal record.
Currently, Transport Canada issues tickets to enforce several acts:
- Canada Marine Act
- Canada Shipping Act
- Department of Transport Act
- Railway Safety Act
- Aeronautics Act
- Canadian Navigable Waters Act, and
- Transportation of Dangerous Goods Act
What we’re proposing
Transport Canada wants to deal with some violations of these regulations by issuing tickets.
For most violations, we will develop a short description of the banned behaviour and set a fine of $125 to $500. These fines are based on existing fines for similar violations already listed in Schedule I of the Contraventions Regulations.
Examples of proposed contraventions
This document includes examples of the violations Transport Canada would like to issue tickets for. It also includes the proposed fine for each violation.
On this page:
- Fines for violating parts of the Marine Transportation Security Act
- Fines for violating parts of the Marine Transportation Security Regulations
- Fines for violating parts of the Domestic Ferries Security Regulations
Table 1: Fines for violating parts of the Marine Transportation Security Act
|
Provision |
Description of violation |
Proposed fine |
|---|---|---|
| S9 | Violating a security measure or willfully blocking a person from carrying out a security measure. | $125 |
| Ss13(1) | Sharing information about a security measure, security rule, proposed security measure, or proposed to security rule with someone. | $500 |
| Ss25(1) | Not helping an inspector who is trying to inspect a marine facility or vessel under Marine Transportation Security Act. | $250 |
| Ss25(3)(a) | Destroying any required records or documents on purpose. | $500 |
| Ss25(3)(e) | Operating a vessel that has been detained. | $500 |
Table 2: Fines for violating parts of the Marine Transportation Security Regulations
|
Provision |
Description of violation |
Proposed fine |
|---|---|---|
| S11 | Failing to maintain appropriate MARSEC levels at all times. | $125 |
| Ss14(4) | Not returning a suspended or cancelled marine security document to the Minister. | $250 |
| Ss212(I) | The vessel security officer not running security drills and exercises. | $125 |
| Ss 302(1) and 315(1) | Failing to fill-out a declaration of security. | $250 |
| Ss358(c) | An occasional-use marine facility’s security officer not reporting security incidents to the appropriate law enforcement agencies and the Minister as soon as possible after they occur. | $250 |
| Ss380(1) | Entering a restricted area without permission. | $250 |
| S504 | The holder of a transportation security clearance not displaying the pass on their outer clothing and above their waist, with their photograph or other facial image visible at all times when they:
|
$500 |
Table 3: Fines for violating parts of the Domestic Ferries Security Regulations
|
Provision |
Description of violation |
Proposed fine |
|---|---|---|
| S6 | Failing to maintain the appropriate MARSEC levels at all times. | $125 |
| Ss101(1) | A domestic ferry or ferry facility operator fails doesn’t run a security drill in the required time. | $125 |
| Ss81(1) | Entering a restricted area without permission. | $250 |
| Ss81(3) | Failing to stay with an escort while in a restricted area. | $250 |
| S7 | Tampering with, damaging, or disrupting the normal use of any security equipment or system to which these regulations apply. | $500 |