Transport Publication - TP 13585 E
Details: Marine Safety Management System - Policy
Number: TP 13585 E (Online Manual)
1. Policy Objective
1.1 To promote an efficient, consistent and transparent approach to ensure proposals for regulations under the Canada Shipping Act, 2001 (CSA, 2001), provide effective enforcement options for marine safety inspectors and others who are required to enforce the regulations on the entry into force of regulations.
2. Policy Statement
2.1 This policy sets out an approach to ensure appropriate enforcement options have been chosen for all regulatory initiatives and are available to marine safety inspectors consequentially when regulations are implemented under the CSA, 2001.
2.2 Marine Safety and Security staff, when a developing a regulatory proposal under the CSA, 2001, that imposes requirements on any person, including an authorized representative or owner/operator of a pleasure craft or a vessel, must include as appropriate and at the same time as the proposal itself, consequential amendments to the following regulations:
- The Administrative Monetary Penalties and Notices (CSA 2001) Regulations made pursuant to paragraphs 244(f) to (j) of the CSA, 2001; and
- Schedule I.1 of the Contraventions Regulations made pursuant to section 8 of the Contraventions Act.
2.3 These consequential amendments must be articulated at the beginning of the regulatory process with the triage statement, within any public or stakeholder consultation documents pertaining to the regulatory proposal, and required regulatory documents such as the regulatory impact analysis statement.
2.4 Legal Services must review both the proposal for the underlying regulation and its consequential amendments. While the Transport Canada Regulatory Services would draft amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations, any amendments to the Contraventions Regulations would be drafted by the section in Justice Canada responsible for the Contraventions Act. Thus Justice Canada would need to be consulted as early as possible for any planned amendments to the Contraventions Regulations.
2.5 To ensure both the underlying regulations and the consequential amendments can be drafted at the same time, it is understood that direction to engage in the regulatory process entails that both will be added to the TMX priority list.
2.6 Where no consequential amendments are contemplated, an explanation as to why must be included in the enforcement considerations of the regulatory impact analysis statement.
2.7 This policy does not apply to a regulatory process that does not create or modify requirements on any person or vessel (such as changes to a descriptive list or minor corrections for spelling and grammar). For clarification, this policy does not apply to regulations made under Acts other that the Canada Shipping Act, 2001.
3.1 This policy will guide Marine Safety and Security in the development of regulations made under the CSA, 2001.
3.2 This policy applies to all Marine Safety and Security personnel responsible for regulatory development.
4.1 Paragraphs 244(f) to (j) of the Canada Shipping Act, 2001 provide the authority to create regulations establishing violations that can be subject to an administrative and monetary penalty.
4.2 Section 8 of the Contraventions Act provides the authority for regulations regarding contraventions.
4.3 This policy is developed under the authority of the Canada Shipping Act, 2001 and falls under the overall authority of the Marine Safety and Security Executive.
5. Responsibility/ further information
5.1 The Executive Director of Legislative, Regulatory and International Affairs (AMSX) is accountable for the development, implementation, maintenance, and continuous improvement of this policy.
5.2 Directors are responsible for the implementation of this policy in their respective functional units of Marine Safety and Security.
6.1 The Administrative Monetary Penalties and Notices (CSA 2001) Regulations and the Schedule I.1 of the Contraventions Regulations provide Marine Safety Inspectors and others who are required to enforce the regulations effective options to manage infractions of regulations under the CSA, 2001.
6.2 New regulatory proposals have traditionally omitted such consequential amendments to apply these enforcement options and as such they would not be available when the new requirements entered into force, leaving only either warning letters or prosecution under the Act. The former option is seen as inconsequential, while the latter has been left to the more serious contraventions.
6.3 Both the Administrative Monetary Penalties and Contraventions provide flexible options allowing a more adaptive response to infractions and a cost effective mechanism to resolve enforcement matters.
6.4 Without the consequential amendments, the only way to provide these cost effective enforcement measures are through separate regulatory processes to amend the Administrative Monetary Penalties and Notices (CSA 2001) Regulations and the Schedule I.1 of the Contraventions Regulations.
6.5 By including the required consequential amendments when new requirements are being advanced under the Canada Shipping Act, 2001, these options become part of the regulatory package, avoid duplicating another regulatory process, and ensure as wide a range of enforcement options as possible are available when new requirements come into force.
6.6 At the same time, it is recognized not all regulations require these enforcement options, namely regulations that list substances or approved equipment.
6.7 Legal Services plays a key role as amendments for the Administrative Monetary Penalties and Notices (CSA 2001) Regulations would be drafted through the Transport Canada Regulatory Services, while amendments for the Contraventions Regulations would be drafted through Justice Canada.
7. Date of Application
7.1 The policy applies as of 10 Febuary 2014.
8. Date for Review or Expiry
8.1 The policy will be reviewed every five years and if there any future changes to pursuant to paragraphs 244(f) to (j) of the Canada Shipping Act, 2001.
9. RDIMS Reference
9.1 La version française du présent document est dans le SGDDI et porte le numéro de référence 9129243. La règle d'affectation des noms est (PUBLICATION – TP 13585 – POLITIQUE - POLITIQUE VISANT À ASSURER QUE DES OPTIONS D’APPLICATION DE LA LOI SONT JOINTES AUX PROJETS DE RÈGLEMENT).
- Administrative Monetary Penalty
- Contraventions Regulations
- Regulatory development