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Version of document from 2008-04-03 to 2012-11-22:

Administrative Monetary Penalties Regulations

SOR/2008-97

CANADA SHIPPING ACT, 2001

Registration 2008-04-03

Administrative Monetary Penalties Regulations

P.C. 2008-610 2008-04-03

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraphs 244(f) to (j)Footnote a of the Canada Shipping Act, 2001Footnote b, hereby makes the annexed Administrative Monetary Penalties Regulations.

Interpretation

 In these Regulations, Act means the Canada Shipping Act, 2001.

Violations

  •  (1) The contravention of a provision of the Act set out in column 1 of the schedule is designated as a violation that may be proceeded with in accordance with sections 229 to 242 of the Act and by the issuance of a notice of violation.

  • (2) The range of penalties set out in column 2 of the schedule is the range of penalties in respect of a violation set out in column 1.

  • (3) If “X” is set out in column 3 of the schedule, a violation set out in column 1 constitutes a separate violation for each day on which it is continued.

Service of Documents

  •  (1) This section applies in respect of the following documents:

    • (a) a notice of violation referred to in paragraph 229(1)(b) of the Act;

    • (b) a notice of compliance referred to in section 231 of the Act; and

    • (c) a notice of default referred to in subsection 231.1(1) of the Act.

  • (2) A document may be served on an individual

    • (a) personally, by leaving a copy of it

      • (i) with the individual, or

      • (ii) if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or

    • (b) by sending a copy of it by registered mail, courier, fax or other electronic means to the last known address or usual place of residence of the individual.

  • (3) A document may be served on a corporation by

    • (a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the corporation or to the corporation’s agent;

    • (b) leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent; or

    • (c) sending a copy of it by electronic means, other than fax, to an individual referred to in paragraph (b).

  • (4) A document may be served on a vessel by

    • (a) delivering a copy of it personally to the master or any other person who is, or appears to be, in charge of the vessel;

    • (b) fixing a copy of it to a prominent part of the vessel;

    • (c) if the vessel’s authorized representative is an individual, sending a copy of it by fax, registered mail or courier to the authorized representative; or

    • (d) if the vessel’s authorized representative is a corporation,

      • (i) sending a copy of it by fax, registered mail or courier to the authorized representative’s head office or place of business,

      • (ii) leaving a copy of it at the authorized representative’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the authorized representative’s agent, or

      • (iii) sending a copy of it by electronic means, other than fax, to an individual referred to in subparagraph (ii).

  • (5) A document that is served by registered mail is deemed to be served on the fourth day after the day on which it was mailed.

  • (6) The following means are sufficient to prove service of a document:

    • (a) in the case of a document transmitted by fax, a proof of transmission produced by the fax machine that sets out the date and time of transmission; or

    • (b) in any other case, an acknowledgment of service signed by or on behalf of the person served, specifying the date and place of service.

Coming into Force

 These Regulations come into force on the day on which they are registered.

SCHEDULE(Section 2)

Violations

ItemColumn 1Column 2Column 3
Provision of the ActRange of Penalties ($)Separate Violation for Each Day
1Subsection 16(3)600 to 2,400
2Subsection 17(2)600 to 12,000
3Section 18250 to 5,000
4Subsection 20(2)600 to 10,000
5Paragraph 23(a)1,250 to 25,000
6Paragraph 23(b)1,250 to 25,000
7Paragraph 23(c)1,250 to 25,000
8Paragraph 23(d)1,250 to 25,000
9Paragraph 23(e)1,250 to 25,000
10Subsection 28(7)1,250 to 25,000
11Subsection 46(2)1,250 to 10,000X
12Subsection 57(1)600 to 10,000X
13Subsection 57(3)600 to 10,000
14Subsection 57(4)600 to 12,000
15Subsection 58(1)250 to 5,000
16Subsection 58(2)1,250 to 10,000
17Subsection 58(3)250 to 5,000
18Subsection 58(4)250 to 5,000
19Subsection 63(1)250 to 5,000
20Subsection 63(2)250 to 5,000
21Subsection 63(3)600 to 10,000
22Subsection 64(2)250 to 1,000
23Subsection 82(1)250 to 1,000
24Subsection 82(2)1,250 to 25,000X
25Subsection 82(3)1,250 to 5,000X
26Section 871,250 to 5,000
27Subsection 90(1)1,250 to 5,000
28Subsection 90(2)600 to 2,400
29Paragraph 91(1)(a)250 to 5,000
30Paragraph 91(1)(b)250 to 5,000
31Section 92250 to 5,000
32Subsection 93(1)250 to 5,000
33Subsection 93(2)250 to 5,000
34Subsection 94(1)600 to 12,000
35Subsection 97(1)250 to 1,000
36Subsection 97(2)250 to 1,000
37Subsection 97(3)250 to 1,000
38Subsection 97(4)250 to 1,000
39Paragraph 98(a)250 to 5,000
40Paragraph 98(b)250 to 5,000
41Paragraph 98(c)250 to 5,000
42Paragraph 98(d)250 to 5,000
43Paragraph 98(e)600 to 12,000
44Paragraph 106(1)(a)1,250 to 25,000
45Paragraph 106(1)(b)1,250 to 25,000
46Paragraph 106(1)(c)1,250 to 25,000
47Paragraph 106(2)(a)1,250 to 25,000
48Paragraph 106(2)(b)1,250 to 25,000
49Section 1071,250 to 25,000
50Subsection 109(1)1,250 to 25,000
51Subsection 109(2)1,250 to 25,000
52Subsection 110(1)1,250 to 25,000
53Subsection 110(2)1,250 to 25,000
54Section 1111,250 to 25,000
55Section 112600 to 12,000
56Paragraph 113(a)1,250 to 5,000
57Paragraph 113(b)1,250 to 5,000
58Paragraph 113(c)1,250 to 5,000
59Paragraph 113(d)1,250 to 5,000
60Section 1141,250 to 5,000
61Subsection 115(1)600 to 2,400
62Subsection 115(2)250 to 1,000
63Paragraph 116(a)600 to 2,400
64Paragraph 116(b)600 to 2,400
65Section 1171,250 to 25,000
66Section 1181,250 to 25,000
67Section 1191,250 to 25,000
68Paragraph 148(b)250 to 5,000
69Section 1871,250 to 25,000X
70Section 1886,000 to 25,000
71Section 2136,000 to 25,000
72Section 2151,250 to 25,000
73Subsection 218(1)1,250 to 25,000
74Subsection 222(9)1,250 to 25,000
75Subsection 222(10)1,250 to 25,000
76Section 2231,250 to 25,000

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