Enforcement actions
Designated Transport Canada officers take these actions to respond when regulated parties don’t comply with the rules.
To choose an enforcement action, officers consider a number of factors. For example:
- How severe was the violation?
- Did the regulated party know they were in violation?
- What is the party’s compliance history?
- Did they cooperate with inspectors?
Officers may choose from the following actions:
- verbal warning
- written warning
- written notice
- corrective action plan
- ticket
- administrative monetary penalty
- assurance of compliance
- prosecution
For definitions of each, see Annex A.
Note: Due to differences in their authorities, the above actions are not available to all programs.
Immediate measures to reduce risk
When designated Transport Canada officers determine, through a risk assessment, that there could be an immediate threat to the safety or security of the transportation system, they take immediate risk reduction measures to mitigate the situation.
Immediate risk reduction measures include:
- detention or grounding
- notices or orders
- ministerial orders
- directions
- public interest suspensions (of certificates or licences)
- medical suspensions (of certificates or licences)
For definitions of each, see Annex A.
Note: Due to differences in their authorities, the above actions are not available to all programs.
Enforcement Actions by Statute
| Statute | Relevant TC Program(s) |
Enforcement Actions in Law or Regulations | |||||
|---|---|---|---|---|---|---|---|
| Corrective action plan | Ticket | Administrative monetary penalty |
Assurance of compliance |
Prosecution | Punitive suspension |
||
| Aeronautics Act | Civil Aviation Aviation Security |
Yes | No | Yes | No | Yes | Yes |
| Canada Shipping Act, 2001 | Marine Safety | Yes | Yes** | Yes | Yes | Yes | Yes |
| Marine Transportation Security Act | Marine Security | No | No | Yes | Yes | Yes | Yes |
| Railway Safety Act | Rail Safety | Yes | Yes** | Yes | No | Yes | Yes |
| Motor Vehicle Safety Act | Motor Vehicle Safety | No | No | Yes* | No | Yes | No |
| Transportation of Dangerous Goods Act | Transportation of Dangerous Goods | No | Yes | No | No | Yes | Yes |
| International Bridges and Tunnels Act | Intermodal Surface Security & Emergency Preparedness | No | No | Yes | No | Yes | No |
| Canadian Navigable Waters Act | Navigation Protection Program | No | Yes* | Yes* | No | Yes | No |
| Wrecked, Abandoned or Hazardous Vessels Act | Navigation Protection Program | No | Yes* | Yes* | Yes | Yes | Yes |
|
* Not yet in force / ** Not enforced by TC |
|||||||
Immediate Risk Reduction Measures by Statute
| Statute | TC Program(s) | Immediate Risk Reduction Measures in Law or Regulations | ||||
|---|---|---|---|---|---|---|
| Detention | Ministerial Order | Directions / Notice / Order | Public interest suspension |
Medical suspension | ||
| Aeronautics Act | Civil Aviation Aviation Security |
Yes | Yes | Yes | Yes | Yes |
| Canada Shipping Act, 2001 | Marine Safety | Yes | Yes | Yes | Yes | Yes |
| Marine Transportation Security Act | Marine Security | Yes | Yes | Yes | Yes | No |
| Railway Safety Act | Rail Safety | No | Yes | Yes | No | No |
| Motor Vehicle Safety Act | Motor Vehicle Safety | Yes | Yes | Yes | No | No |
| Transportation of Dangerous Goods Act | Transportation of Dangerous Goods | Yes | Yes | Yes | Yes | No |
| International Bridges and Tunnels Act | Intermodal Surface Security & Emergency Preparedness | No | Yes | Yes | No | No |
| Canadian Navigable Waters Act | Navigation Protection Program | No | Yes | Yes | Yes | No |
| Wrecked, Abandoned or Hazardous Vessels Act | Navigation Protection Program | Yes | Yes | Yes | No | No |
|
* Not yet in force / ** Not enforced by TC |
||||||
Annex A: Definitions
| Term | Definition |
|---|---|
| Administrative monetary penalty | A monetary penalty imposed on a regulated party for violating legislation or regulations administered and enforced by Transport Canada. |
| Assurance of compliance | A legally binding agreement the Minister of Transport enters into with a regulated party. The party acknowledges non-compliance and agrees to take corrective action in a specified period. The Minister may require the party to pay security to ensure compliance. |
| Corrective action plan (CAP) | A plan submitted by a regulated party in response to a request by a Transport Canada officer. The plan outlines how the party proposes to address a non-compliance and ensure they comply in future. |
| Detention |
A written direction Transport Canada issues to a regulated party, which prevents the following from moving:
|
| Direction or order |
Either a written notice issued by a Transport Canada officer, or an order issued by a court. Always issued under a specific statutory authority. Directs a regulated party to:
The notice names what the party must do to comply with the order. |
| Ministerial Order | An order made by the Minister to manage risk in specific situations. These include interim orders. |
| Non-compliance | A contravention of the legislative or regulatory requirements Transport Canada enforces. |
| Notice and order (Rail Safety) | A notice that includes an order. A railway safety officer may include an order when they believe a threat is immediate. The inspector can either restrict the local railway company or railway company’s operations, or allow it to continue under certain terms and conditions. |
| Notice of violation | A form issued to levy an administrative monetary penalty against a regulated party. Details the violation, the regulated party and the penalty amount. |
| Person | Any individual, corporation or partnership, sole proprietorship, trust or other unincorporated organization capable of doing business. |
| Prosecution | An action or proceeding instituted in a court on behalf of the public. Done to secure the conviction, on summary conviction or indictment, and punishment of a person for a crime. |
| Regulated asset |
An asset a person owns or controls. Subject to regulation pursuant to legislation under Transport Canada’s purview. Complete list of regulated assets under the law:
|
| Regulated party | A person subject to regulation pursuant to legislation under Transport Canada’s purview. |
| Suspending, cancelling or revoking a licence or operating certificate (punitive) | When the Minister of Transport serves notice to a regulated party that Transport Canada has suspended, cancelled or revoked their licence or certificate as the result of the regulated party not coming into compliance, or failing to pay an administrative monetary penalty. |
| Public interest suspension | A suspension given in the public’s interest. Relates to protecting the public and people who use the transportation system. |
| Medical suspension | A suspension given when the applicant fails to comply with medical requirements. |
| Ticket | Issued to a regulated party pursuant to the Contraventions Act. |
| Verbal warning | Warning and/or counselling provided orally by a Transport Canada officer. Identifies non-compliance and encourages the regulated party to comply. |
| Written notice | A document sent by a Transport Canada officer to a regulated party. Identifies non-compliance and encourages the regulated party to comply. Often indicates that failure to comply may result in more serious penalties. |
| Written warning | Document provided by a Transport Canada officer to a regulated party. Typically issued when the officer identifies a non-compliance. Gives Gives written notice to the party to comply with the requirements. May also indicate that failing to comply may result in more serious penalties. |