Non-Corporate Offenders Administrative Enforcement Action Summary

From: Transport Canada

File Created (dd-mm-yyyy): 06-12-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $3,500
Summary: On December 29, 2021, the vessel "TANTA VIDA" was sanctioned for failing to comply on or about September 6, 2021; at or near Pender Island, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 09-09-2021
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 87.
Penalty: $2,160.00
Summary: On November 18, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 07-09-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $2,000
Summary: On December 29, 2021, the vessel "MY SERENADE" was sanctioned for failing to comply on or about July 10, 2021; at or near Pender Island, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 27-08-2021
Region: Pacific
Violation: Non-compliance with the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021. Under Subsection 10.1(4) of the Canada Shipping Act, 2001.
Penalty: $3,500
Summary: On December 3, 2021, the pleasure craft “SALISH SKY” was sanctioned for subject violation.

File Created (dd-mm-yyyy): 13-08-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $3,500
Summary: On October 15, 2021, the vessel “LUNA BLANCA” was sanctioned for failing to comply on or about August 4, 2021; at or near Pender Island Interim Sanctuary Zone, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 01-08-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $3,500
Summary: On October 15, 2021, the vessel “KOLIBRI STAR” was sanctioned for failing to comply on or about July 23, 2021; at or near Pender Island Interim Sanctuary Zone, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 28-07-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $3,500
Summary: On October 14, 2021, the vessel “SHODAN” was sanctioned for failing to comply on or about July 21, 2021, at or near Swiftsure bank Interim Sanctuary Zone , in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021

File Created (dd-mm-yyyy): 28-07-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $3,500
Summary: On October 29, 2021, the vessel “AVVENTO” was sanctioned for failing to comply on or about July 3 and 13, 2021; at or near Pender Island Interim Sanctuary Zone, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 16-07-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $3,500
Summary: On September 24, 2021, the vessel “CELESTINA” was sanctioned for failing to comply on June 9, 2021; at or near Pender Island, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 15-07-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020
Penalty: $8,250
Summary: On August 5, 2021, the vessel “CHLOE MARINA” was sanctioned for failing to comply on or about August 10 and 15, 2020; at or near Pender Island, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 15-07-2021
Region: Ontario
Violation: Rule 6 and Rule 6(c) of Schedule I of the Collision Regulations, section 3 of the Safety Management Regulations, and section 118 of the Canada Shipping Act, 2001.
Penalty: $49,950.00
Summary: On December 7, 2021, the master of the cargo vessel “Florence Spirit” was sanctioned for the following subject violations.

proceeding at a speed that exceeded the speed limit restrictions in place under St. Lawrence Seaway practices and procedures (Seaway Handbook) for that location.
for failing to pass the vessel Alanis with caution at a minimum speed at which it could be kept on course.
failing to have an efficient Safety Management System onboard. Specifically, Mckeil Marine Ltd, as authorized representatives/managers/operators of Florence Spirit, failed to adopt, include, and implement key ship specific procedures and checklists.
for failing to make navigation safety calls over an allocated VHF radio channel to alert vessels in the vicinity of the possibility of a risk of collision and development of a close-quarters situation.

File Created (dd-mm-yyyy): 11-07-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $3,500
Summary: On September 29, 2021, the vessel “ARINA” was sanctioned for failing to comply on or about June 22, 2021; at or near Pender Island, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 13-07-2021
Region: Pacific
Violation: Non-compliance with the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021. Under Subsection 10.1(4) of the Canada Shipping Act, 2001.
Penalty: $3,500
Summary: On December 3, 2021, the fishing vessel “TENACIOUS” was sanctioned for subject violation.

File Created (dd-mm-yyyy): 11-07-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021
Penalty: $3,500
Summary: On July 22, 2021, the whale watching vessel “TRIPLE 8-II” was sanctioned for failing to comply on or about June 19, 2021; at or near Pender Island, in the Province of British Columbian Waters of Southern British Columbia, with the instructions and directions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

File Created (dd-mm-yyyy): 22-06-2021
Region: Quebec
Violation: Canada Shipping Act, 2001, sub-s. 23(d).
Penalty: $1,500.00
Summary: On July 8, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 16-06-2021
Region: Ontario
Violation: Canada Shipping Act, 2001 (CSA 2001) Sec 107
Penalty: $1,250.00
Summary: On August 18, 2021, an individual was sanctioned for embarking on a voyage from a port in Canada without obtaining a valid Canadian Maritime Document, namely a Vessel Inspection Certificate required before embarked on a voyage.

File Created (dd-mm-yyyy): 08-01-2021
Region: Atlantic
Violation: Marine Personnel Regulations, s. 201.
Penalty: $7,000.00
Summary: On October 26, 2021, the fishing vessel “SILVER HARVESTER I” was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 08-01-2021
Region: Atlantic
Violation: Vessel Certificate Regulations, sub-s. 10(1).
Penalty: $5,000.00
Summary: On October 26, 2021, the fishing vessel “SILVER HARVESTER I” was sanctioned for the subject violation.
File Created (dd-mm-yyyy): 01-06-2021
Region: Atlantic
Violation: Canada Shipping Act, 2001, s. 187.
Penalty: $23,512.00
Summary: On October 14, 2021, the vessel "TUVAQ W" was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 05-03-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020
Penalty: $3,500
Summary: On May 21, 2021, the vessel “VALERIE MAY III” was sanctioned for failing to comply on or about August 7, 2020; at or near Pender Island, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020.

File Created (dd-mm-yyyy): 24-02-2021
Region: Pacific
Violation: Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020
Penalty: $2,750
Summary: On April 11, 2021, the vessel “SALVAGE” was sanctioned for failing to comply on or about June 23 and August 5, 2020; at or near Pender Island, in the Province of British Columbia, with the prohibitions contained in the Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020.

File Created (dd-mm-yyyy): 09-02-2021
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 87.
Penalty: $1,250.00
Summary: On April 23, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 02-02-2021
Region: Quebec
Violation: Canada Shipping Act, 2001, para. 106(2)(a).
Penalty: $1,365.00
Summary: On July 16, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 13-01-2021
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 87 & sub-s. 23(d).
Penalty: $2,875.00
Summary: On March 4, 2021, an individual was sanctioned for the subject violations.

File Created (dd-mm-yyyy): 13-01-2021
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 87.
Penalty: $1,625.00
Summary: On March 4, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 30-12-2020
Region: Quebec
Violation: Collision Regulations, rule 15(b) of Schedule I.
Penalty: $4,100.00
Summary: On June 17, 2021, the vessel “LE AZUR III” was sanctioned for subject violation.

File Created (dd-mm-yyyy): 16-12-2020
Region: Pacific
Violation: Canada Shipping Act, 2001, Part 4, sub-s. 115(1).
Penalty: $1,950.00
Summary: On November 1, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 16-12-2020
Region: Pacific
Violation: Canada Shipping Act, 2001, Part 4, sub-s. 115(1).
Penalty: $1,950.00
Summary: On November 1, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 16-12-2020
Region: Pacific
Violation: Canada Shipping Act, 2001, Part 4, sub-s. 115(1).
Penalty: $1,050.00
Summary: On November 1, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 10-12-2020
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 188.
Penalty: $8,100.00
Summary: On December 2, 2021, the vessel “F.-A.-GAUTHIER” was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 07-12-2020
Region: Pacific
Violation: Canada Shipping Act, 2001, Part 4, sub-s. 115(1) & 115(2).
Penalty: $1,600.00
Summary: On March 24, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 30-11-2020
Region: Quebec
Violation: Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence
Penalty: $7,800.00
Summary: On May 17, 2021, the vessel "SOZON" was sanctioned for failing to comply on or about October 7, 2020, with the instructions and directions contained in the Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence.

File Created (dd-mm-yyyy): 23-11-2020
Region: Ontario
Violation: Canada Shipping Act, 2001 (CSA 2001)
Penalty: $6,500.00
Summary: On June 8, 2021, an individual was sanctioned for:

Subsection 63(1): Operating a Canadian-owned unregistered vessel with five passengers on board for a commercial tour, without the required certificate of registry on board;
Section 87: Operating a Canadian-owned unregistered vessel with five passengers on board for a commercial tour, without holding the required certificate of competency;
Para. 106(1) (a): Operating a Canadian-owned unregistered vessel with five passengers on board for a commercial tour, without ensuring that the vessel and its machinery and equipment met the requirements of the regulations before engaging on the tour;
Para 106(1)(b): Operating a Canadian-owned unregistered vessel with five passengers on board for a commercial tour, without developing procedures for the safe operation of the vessel and for dealing with emergencies before engaging on the tour;
Para. 106(1)(c): Operating a Canadian-owned unregistered vessel with five passengers on board for a commercial tour, without ensuring that the crew and passengers received safety training before engaging on the tour; and
Section 118: Engaging an unlicensed pleasure craft as a commercial vessel for the purpose of conducting a tour of Lake Simcoe, when the vessel was unsafe for the carriage of passengers and the operator was not qualified to operate the tour vessel, thus jeopardizing the safety of a vessel and persons on board.

File Created (dd-mm-yyyy): 20-11-2020
Region: Ontario
Violation: Canada Shipping Act, 2001 (CSA 2001) & Small Vessel Regulation (SVR)
Penalty: $4,050.00
Summary: On July 29, 2021, an individual was sanctioned for:

CSA 2001 Subsection 46(2): Failing to register a Canadian-owned vessel before permitting the operation with five passengers on board for a commercial tour;
CSA 2001 Section 87: Allowing an unqualified employee to operate a Canadian-owned unregistered vessel with five passengers on board for a commercial tour, without holding the required certificate of competency;
CSA 2001 Section 118: Engaging an unlicensed pleasure craft as a commercial vessel for the purpose of conducting a tour of Lake Simcoe, when the vessel was unsafe for the carriage of passengers and the operator was not qualified to operate the tour vessel, thus jeopardizing the safety of a vessel and persons on board;
SVR Section 3: Permitting the operation of a Canadian-owned unregistered vessel with five passengers on board for a commercial tour without ensuring that the safety equipment required by the applicable regulations was carried on board the vessel and that the equipment met the requirements.

File Created (dd-mm-yyyy): 20-11-2020
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 87 & para. 106(2)(a).
Penalty: $3,500.00
Summary: On March 25, 2021, an individual was sanctioned for the subject violations.

File Created (dd-mm-yyyy): 10-11-2020
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 118.
Penalty: $1,250.00
Summary: On April 1, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 10-11-2020
Region: Pacific
Violation: Canada Shipping Act, 2001, Part 9, s. 187.
Penalty: $1,250.00
Summary: On August 26, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 07-10-2020
Region: Quebec
Violation: Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2020
Penalty: $45,000.00
Summary: On November 30, 2021, the cargo vessel “MSC LORENA” was sanctioned for failing to comply on September 5, 2020, with the instructions and directions contained in the Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence.

File Created (dd-mm-yyyy): 06-10-2020
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 87.
Penalty: $1,250.00
Summary: On January 13, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 30-09-2020
Region: Ontario
Violation: Marine Transportation Security Regulations, sub-s. 209(d)made pursuant to theMarine Transportation Security Act.
Penalty: $250.00
Summary: On February 9, 2021, the Company Security Officer was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 30-09-2020
Region: Ontario
Violation: Marine Transportation Security Regulations, para. 204(1)(a).
Penalty: $3,000.00
Summary: On February 25, 2021, the Vessel “Wicky Spirit” was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 20-09-2020
Region: Prairie & Northern Regions
Violation: sub-section 3(1) of the Interim Order Restricting Pleasure Craft Navigation Due to Covid-19, made pursuant to theCanada Shipping Act, 2001, Sec 10.1.
Penalty: $5,000.00
Summary: On March 15, 2021, an individual was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 14-09-2020
Region: Quebec
Violation: Canada Shipping Act, 2001, s. 87, sub-s. 46(2), sub-s. 109(1), para. 106(1)(a).
Penalty: $6,750.00
Summary: On January 13, 2021, an individual was sanctioned for the subject violations.

File Created (dd-mm-yyyy): 11-09-2020
Region: Quebec
Violation: Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence 2020
Penalty: $1,250.00
Summary: On December 13, 2021, the pleasure craft “FIRTH OF FIFTH” was sanctioned for failing to comply on or about July 17, 2020, with the instructions and directions contained in the Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence.

File Created (dd-mm-yyyy): 02-09-2020
Region: Atlantic
Violation: Canada Shipping Act, 2001, sub-s. 109(2).
Penalty: $3,000.00
Summary: On November 15, 2021, the master of the vessel was sanctioned for the subject violation.

File Created (dd-mm-yyyy): 18-08-2020
Region: Atlantic
Violation: Vessel Safety Certificate Regulations, sub-s. 10(1) & Canada Shipping Act, 2001, sub-s. 222(10).
Penalty: $4,000.00
Summary: On July 30, 2021, the master of the vessel "CAPITAINE BLEU" was sanctioned for the subject violations.

File Created (dd-mm-yyyy): 28-01-2020
Region: Pacific
Violation: Non-compliance with the Collision Regulations Schedule 1, Rule 5.
Penalty: $6,500.00
Summary: On February 8, 2021, an individual was sanctioned for the subject violation.

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Non-Corporate Offenders Administrative Enforcement Action Summary – 2021