Canada Increases Monetary Penalties for Maritime Violations
The Canadian government has recently announced a significant tenfold increase in the size of monetary penalties for violations under the Canada Shipping Act, 2001. The maximum penalty has been raised from CAD 25,000 to a new maximum of CAD 250,000, aimed at ensuring compliance and safety within Canadian waters.
The increased maritime penalties are structured into three levels: minor, medium, and serious. Minor violations are administrative in nature, while medium violations involve instances where regulations on pollution response are not followed. Serious violations are those that pose a significant risk to human health or the environment.
Examples of Violations
Minor Violations:
- A vessel’s Master failing to notify the Minister of Transport prior to entering a shipping safety control zone
- Vessels carrying dangerous goods without the appropriate Document of Compliance
Medium Violations:
- Cheating on an examination to obtain a maritime document
- Possessing a maritime document not issued to the individual
Serious Violations:
- Improper storage of compressed gas
- Discharging cargo residues in polar waters under certain conditions
Transport Minister Pablo Rodriguez emphasized the importance of these amendments, stating, “We’re serious about the safety of our waters and the wellbeing of Canadians. This is another step we’re taking through Canada’s Oceans Protection Plan to ensure our coasts and waterways are safe for generations to come.”
The new maximum penalty amount of CAD 250,000 is a significant increase from the previous CAD 25,000 per violation set in 2008. These changes were made through approved legislative amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations.
Administrative monetary maritime penalties are a key enforcement tool for Transport Canada, complementing other measures such as written warnings, license suspensions, and criminal prosecution for the most serious cases of non-compliance.