This page contains an overview of administrative monetary penalties (AMPs) that can be applied under the Canada Marine Act.
Designated enforcement officers at Canada Port Authorities, public ports, the St. Lawrence Seaway, and Department of National Defence harbours can issue administrative monetary penalties for violations of the Canada Marine Act and its regulations.
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Administrative monetary penalties under the Canada Marine Act
Designated enforcement officers at Canada Port Authorities, public ports, the St. Lawrence Seaway, and Department of National Defence harbours can issue administrative monetary penalties for violations of the Canada Marine Act and its regulations.
Administrative monetary penalties
Administrative monetary penalties are a flexible enforcement tool for federal offences of a regulatory nature.
Administrative monetary penalties allow enforcement officers to take a measured and efficient approach. Enforcement officers can tailor the enforcement response to the seriousness of the violation, through the use of monetary penalties (fines), as an alternative to prosecution, to anyone found to have violated requirements.
Violations
Enforcement officers can issue administrative monetary penalties at Canada Port Authorities, Public ports, the St. Lawrence Seaway and Department of National Defence harbours for a number of different violations.
Examples of situations where an administrative monetary penalty may apply include:
- failing to maintain direct communication with the harbour master
- blocking or interfering with an enforcement officer
- failing to comply with a reasonable requirement of an enforcement officer in the course of carrying out duties or functions under the Canada Marine Act
- jeopardizing the safety or health of persons or injuring a person
Notice of violation
If an enforcement action is needed, a Canada Marine Act Enforcement Officer may serve a notice of violation to an individual, corporation, or vessel for a non-compliance. The notice of violation may be served in-person, by registered mail, courier, email, or fax.
The notice of violation will contain elements like the name of the entity believed to have committed the violation, information on the nature of the violation, the amount of the penalty, deadline and method of payment, and that the person will be deemed to have committed the violation if the penalty is unpaid.
Penalties
The penalty amounts are listed in Schedule 2 of the Administrative Monetary Penalties (Canada Marine Act) Regulations. The penalty is calculated based on a number of factors, including:
- baseline penalty
- history of non-compliance
- level of harm
- economic gain to the violator from the violation
- mitigating factors, such as voluntary disclosure or cooperation with an enforcement officer
- continuing violations over a number of days
Paying a penalty
The recipient must pay the penalty within 30 days or request a review before the Transportation Appeal Tribunal of Canada. Late payments will collect interest and may result in a collections process.
You can pay your notice of violation with your credit or debit card online or by calling 1-888-639-2199 or 613-792-3999 within Canada. For international calls, call 1-613-993-4610.
You can also pay by certified cheque or money order made out to the Receiver General of Canada, and mailed to:
- Transport Canada
AFFAH
Place de Ville, Tower C
330 Sparks St, 22nd Floor
Ottawa, ON K1A 0N5
CANADA
For account payments or any other inquiries, please contact Transport Canada at 1-888-639-2199 or 613-792-3999 within Canada, or 1-613-993-4610 from outside of Canada. You can also email: TC.NCRAccountsReceivable-ComptesRecevablesRCN.TC@tc.gc.ca.
Disputing a notice of violation
A person, vessel or corporation subject to an administrative monetary penalty under the Canada Marine Act can ask for a review at the Transportation Appeal Tribunal of Canada within 30 days of receiving the notice of violation.
Visit the TATC website for more information.
You can contact the tribunal:
- By phone at 1-613-990-6906.
- By email at Registry-Greffe@tatc.gc.ca.
- Or by mail:
- Transportation Appeal Tribunal of Canada
Suite 200 – 15th floor, 344 Slater St
Ottawa, ON K1A 0C2
CANADA
- Transportation Appeal Tribunal of Canada