Administrative Monetary Penalties (Canada Marine Act) Regulations (SOR/2023-138)
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Regulations are current to 2024-11-26 and last amended on 2023-07-05. Previous Versions
SCHEDULE 2(Section 6, subsections 7(1) and 8(1) and sections 9 and 10)Penalty Amounts
PART 1
Individual
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
|---|---|---|---|---|---|
| Seriousness of the Violation | Baseline Penalty Amount (A) | History of Non-compliance Amount (B) based on number of incidents of non-compliance | Harm Amount (C) | Economic Gain Amount (D) | Mitigating Factor Percentage (E) |
| Very Serious | $1,000 | 1: $1,000 | Weak: $0 | $1,000 | Voluntary disclosure of violation: 20% |
| 2 or more: $2,000 | Moderate: $500 | Cooperation: 10% | |||
| High: $1,000 | Voluntary mitigation measures: 10% | ||||
| Serious | $500 | 1: $500 | Weak: $0 | $500 | Voluntary disclosure of violation: 20% |
| 2 or more: $1,000 | Moderate: $250 | Cooperation: 10% | |||
| High: $500 | Voluntary mitigation measures: 10% | ||||
| Minor | $250 | 1: $250 | Weak: $0 | $250 | Voluntary disclosure of violation: 20% |
| 2 or more: $500 | Moderate: $125 | Cooperation: 10% | |||
| High: $250 | Voluntary mitigation measures: 10% |
PART 2
Corporation or Ship
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
|---|---|---|---|---|---|
| Seriousness of the Violation | Baseline Penalty Amount (A) | History of Non-compliance Amount (B) based on number of incidents of non-compliance | Harm Amount (C) | Economic Gain Amount (D) | Mitigating Factor Percentage (E) |
| Very Serious | $5,000 | 1: $5,000 | Weak: $0 | $5,000 | Voluntary disclosure of violation: 20% |
| 2 or more: $10,000 | Moderate: $2,500 | Cooperation: 10% | |||
| High: $5,000 | Voluntary mitigation measures: 10% | ||||
| Serious | $2,500 | 1: $2,500 | Weak: $0 | $2,500 | Voluntary disclosure of violation: 20% |
| 2 or more: $5,000 | Moderate: $1,250 | Cooperation: 10% | |||
| High: $2,500 | Voluntary mitigation measures: 10% | ||||
| Minor | $1,250 | 1: $1,250 | Weak: $0 | $1,250 | Voluntary disclosure of violation: 20% |
| 2 or more: $2,500 | Moderate: $625 | Cooperation: 10% | |||
| High: $1,250 | Voluntary mitigation measures: 10% |
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