Current status: Closed
Open on May 20, 2021 and will be closed on June 21, 2021.
Transport Canada wants to hear your thoughts about adding administrative monetary penalties to the Canada Marine Act and its regulations.
An administrative monetary penalty is like a ticket, but is done through an administrative process and doesn’t result in a criminal record or jail time. It is also more flexible, as the penalty can be adjusted based on the severity of each violation. An administrative monetary penalty can be appealed to the Transportation Appeals Tribunal of Canada.
Our proposal
We want to give enforcement officers permission to impose an administrative monetary penalty as a way of enforcing the:
- Canada Marine Act
- Port Authorities Operating Regulations
- Public Ports and Public Port Facilities Regulations
- Seaway Property Regulations
- Natural and Man-made Harbour Navigation and Use Regulations
These regulations deal with the safety, order and day-to-day work of specific ports, harbours and properties managed by:
- Canada Port Authorities
- Transport Canada
- St. Lawrence Seaway Management Corporation, and
- the Department of National Defence
This change would make it easier for Transport Canada to enforce the Canada Marine Act and its regulations.
Fines and categories of recipient
The proposed fines for these new administrative monetary penalties would vary based on the severity of the violation and other factors. Individuals could be fined up to $5,000, and companies or ship could be fined up to $25,000.
The table below show the range of fines for each type of recipient and severity level of the issue.
| Who will receive the fine? |
Severity of violation |
Cost of the fine |
|---|---|---|
|
An individual |
Very serious |
$600 to $5,000 |
|
An individual |
Serious |
$300 to $2,500 |
|
An individual |
Minor |
$150 to $1,250 |
|
A company or ship |
Very serious |
$3,000 to $25,000 |
|
A company or ship |
Serious |
$1,500 to $12,500 |
|
A company or ship |
Minor |
$750 to $6,250 |
Join in: how to participate
We want to hear from stakeholders and the Canadian public. Your opinions and feedback are important!
To participate, email your comments to: tc.cmacprogram-programmeclmc.tc@tc.gc.ca.
As set out in sections 19 and 20 of the Access to Information Act, please identify any parts of your comments that shouldn’t be made public because they include personal or third-party information. Please also explain why your comments should be kept private and for how long.
Unless you tell us a section of your feedback is private, it may appear in any regulatory proposal that Transport Canada publishes in the Canada Gazette.
Who is the focus of this consultation?
We’re interested in hearing from:
- stakeholders from Canada’s ports system and the St Lawrence Seaway
- law enforcement
- the public
Key questions for discussion
We want feedback on the following questions:
- Do you think administrative monetary penalties are a fair way of enforcing regulations, like the Canada Marine Act?
- Do you think that basing fines on three levels of severity (minor, serious and very serious) is a good idea?
- Do you expect there will be challenges for Transport Canada to launch this enforcement tool?
- In your opinion, would these changes negatively affect some people or groups of people?
You can also include other comments about this proposal in your response.
Contact us
Transport Canada
Place de Ville, Tower C
330 Sparks St
Ottawa ON
K1A 0N5