An administrative monetary penalty is like a ticket, but is done through a process that doesn’t result in a criminal record or jail time. It can be issued to a person, a company or a vessel.
This document includes some examples of the violations for which Transport Canada wants to issue administrative monetary penalties.
It also includes the severity of each violation, and whether a new penalty could be issued for each day that a violation continues.
These are just examples; they don’t include every possible situation where a penalty could be issued.
On this page:
- Examples of violations of the Canada Marine Act
- Examples of violations of the Port Authorities Operations Regulations
- Examples of violations of the Public Ports and Public Port Facilities Regulations
- Examples of violations of the Seaway Property Regulations
- Examples of violations of the Natural and Man-made Harbour Navigation and Use Regulations
Canada Marine Act
|
Provision |
Description of violation |
Severity of violation |
Separate violation for each day? |
|---|---|---|---|
|
59(1)(a) |
Failing to follow the practices and procedures established by a port authority or failing to have the capacity to use the radio frequencies specified by the port |
Very serious |
No |
|
59(1)(b) |
Failing to follow a direction issued by a person designated by a port authority to engage in traffic control |
Very serious |
No |
|
59(1)(c) |
Entering, leaving or proceeding within a port or traffic control zone without a traffic clearance or proceeding within a port or traffic control zone without being able to maintain direct communication with a person designated by a port authority to engage in traffic control |
Very serious |
No |
|
116(2) |
Giving an order for a ship to depart from a port in which it is currently detained |
Very serious |
No |
|
126(a) |
Failing to comply with a reasonable requirement of an enforcement officer in carrying out their duties and functions |
Very serious |
No |
|
126(c) |
Obstructing or hindering an enforcement officer |
Very serious |
No |
Port Authorities Operations Regulations
|
Provision |
Description of violation |
Severity of violation |
Separate violation for each day? |
|---|---|---|---|
|
5(a) |
Jeopardizing the safety or health of persons in the port |
Very serious |
No |
|
5(b) |
Interfering with navigation |
Very serious |
Yes |
|
5(c) |
Obstructing or threatening any part of the port |
Very serious |
Yes |
|
5(d) |
Interfering with an authorized activity |
Serious |
No |
|
5(e) |
Diverting the flow of a river or stream, causing of affecting currents, causing silting or the accumulation of material or otherwise reducing the depth of part waters |
Very serious |
Yes |
|
5(g) |
Causing damage to ships or property |
Very serious |
No |
|
5(h) |
Adversely affecting soil, air or water quality |
Very serious |
Yes |
|
5(i) |
Adversely affecting port operations or port managed property |
Very serious |
Yes |
|
6 |
Conducting an activity set out in column 1 of the activity list (any part of schedule 1) if an “X” is set out in column 4 |
Very serious |
No |
|
7 |
Accessing port property without proper authorization |
Very serious |
No |
Public Ports and Public Port Facilities Regulations
|
Provision |
Description of violation |
Severity of violation |
Separate violation for each day? |
|---|---|---|---|
|
14(a) |
Jeopardizing the safety or health of persons in the public port or the public port facility |
Very serious |
No |
|
14(b) |
Interfering with navigation |
Very serious |
Yes |
|
14(c) |
Obstructing or threatening any part of the public port or the public port facility |
Very serious |
Yes |
|
14(d) |
Interfering with an authorized activity in the public port or the public port facility |
Serious |
No |
|
14(e) |
Diverting the flow of a river or stream, causing of affecting currents, causing silting or the accumulation of material or otherwise reducing the depth of the waters of the public port |
Very serious |
Yes |
|
14(g) |
Causing damage to ships or property |
Very serious |
No |
|
14(h) |
Adversely affecting sediment, soil, air or water quality |
Very serious |
Yes |
|
14(i) |
Adversely affecting public port or public port facility operations |
Very serious |
Yes |
|
25(c) |
Failing to notify a port official without delay of the nature of the dangerous situation and precautions taken |
Very serious |
No |
|
26(c) |
Failing to submits a timely report to the port official describing the activity and explaining why the situation was regarded as an emergency |
Minor |
No |
Seaway Property Regulations
|
Provision |
Description of violation |
Severity of violation |
Separate violation for each day? |
|---|---|---|---|
|
5(a) |
Jeopardizing the safety or health of persons in the Seaway or on Seaway property |
Very serious |
No |
|
5(b) |
Interfering with navigation in the Seaway |
Very serious |
Yes |
|
5(c) |
Obstructing or adversely effecting any part of the Seaway or Seaway property |
Very serious |
Yes |
|
5(d) |
Interfering with an authorized activity in the Seaway or on Seaway property |
Serious |
No |
|
16(1)(c) |
Failing to submit a timely report of the incident to the Manager, including a description of what was dropped, deposited, discharged or spilled and its approximate location and the efforts made to remove it |
Minor |
No |
|
17 |
Failing to follow fire protection and prevention measures |
Very serious |
No |
|
18(a) |
Failing to post notices, lights and a barricade, or station a person, at the site of a dangerous situation |
Serious |
No |
|
18(c) |
Failing to notify the Manager without delay about a dangerous situation and the precautions that have been taken and their location |
Very serious |
No |
|
19(b) |
Failing to submit a timely written report to the Manager describing the activity and explaining why the situation was regarded as an emergency |
Minor |
No |
|
20(a) |
Failing to notify without delay the Manager of an emergency situation |
Very serious |
No |
Natural and Man-made Harbour Navigation and Use Regulations
|
Provision |
Description of violation |
Severity of violation |
Separate violation for each day? |
|---|---|---|---|
|
3(e) |
Causing injury to a person or damage to ships |
Very serious |
No |
|
3(f) |
Adversely affecting sediment or water quality |
Very serious |
Yes |
|
4(1)(c) |
Failing to provide the harbour official with a timely report |
Minor |
No |
|
5 |
Failing to follow fire protection and safety measures established in the harbour |
Very serious |
No |
|
7(c) |
Failing to submit a detailed written report to a harbour official without delay describing the activity and explaining why the situation was regarded as an emergency |
Minor |
No |
|
8(a) |
Failing to notify a harbour official of any activity that caused or is likely to cause an emergency |
Very serious |
No |
|
8(b) |
Failing to submit a timely report to a harbour official detailing the emergency |
Minor |
No |
|
8(c) |
Failing to submit copies of reports sent to municipal, provincial or federal authorities detailing the emergency situation at the request of the harbour official |
Minor |
No |
|
9(a) |
Failing to notify the harbour official of an accident that caused injury, damage to ships, explosion, fire, grounding or stranding |
Very serious |
No |
|
9(b) |
Failing to submit a timely report to the harbour official detailing an accident |
Minor |
No |