Canada Gazette, Part I, Volume 157, Number 23: Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations
June 10, 2023
Statutory authority
Canada Shipping Act, 2001
Sponsoring department
Department of Transport
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
In 2018, the Canada Shipping Act, 2001 (CSA 2001) was amended to increase the maximum amount of an administrative monetary penalty (AMP) for designated violations from a maximum of $25,000 to $250,000 per violation to strengthen enforcement under this Act. However, the Administrative Monetary Penalties and Notices (CSA 2001) Regulations (AMPNR), which identify the specific legislative and regulatory provisions that are designated as violations and the penalty ranges for each violation, have not yet been updated to reflect the new maximum penalty amount.
Consequently, the maximum penalty amount that can actually be administered is $25,000. This amount does not reflect the serious potential harm and environmental damage that can be caused by non-compliant large vessels given their larger size and carrying capacity, and is limited in establishing a financial disincentive to non-compliance. Indigenous communities and stakeholders have raised concerns that existing penalties do not serve as effective deterrents and can be viewed as a “cost of doing business.”
The AMPNR penalty ranges are also inconsistent with other enforcement regimes related to marine safety and environmental matters, such as the Wrecked, Abandoned or Hazardous Vessels Act, which includes AMPs of up to $250,000. This incongruity can create a perception of unfairness among stakeholders that they may face stronger enforcement actions than other parties for violations of a similar nature.
In addition, the Arctic Shipping Safety and Pollution Prevention Regulations (ASSPPR) and the Vessel Fire Safety Regulations (VFSR), both of which came into force in 2017, are not designated under the AMPNR and can only be enforced through warnings and recommended prosecution, unlike other regulations included in the AMPNR that focus on marine safety and the environment. Warnings are limited in their effect, especially in cases of repeated non-compliance, and prosecution is not only resource-exhaustive, but can be a severe response for minor and administrative violations. Such a restricted range of enforcement measures can lead to enforcement actions that are not proportionate to the violation.
The proposed amendments to increase the maximum penalty amount to $250,000 per violation and designate provisions under the ASSPPR and the VFSR would establish a more consistent enforcement regime for marine safety and environmental requirements. They would also establish financial disincentives that are proportionate to the violation and provide a broader range of enforcement measures for medium and serious violations.
Background
The CSA 2001 is the principal legislation governing the safety of marine transportation and recreational boating in Canadian waters, as well as the protection of the marine environment from the impacts of vessel activities. The Act is broad, applying to all vessels that operate in Canadian waters, including Canadian and foreign-flagged vessels, and vessels of all sizes ranging from pleasure craft, fishing vessels, and passenger vessels, to oil tankers, cargo ships and cruise ships.
Transport Canada’s (TC) marine safety program promotes a safe and efficient marine transportation system. TC communicates regulatory requirements to individuals and businesses and identifies where there has been non-compliance through monitoring and inspections. When there has been non-compliance, TC will take enforcement action to bring the individuals and businesses back into compliance with the requirements, escalating enforcement actions as appropriate, depending on the context and severity of the violation.
One enforcement tool that is currently available under the CSA 2001 is the administration of AMPs, which are administrative (not penal) in nature, i.e. the issuance of a notice of violation by an enforcement officer or a marine safety inspector. AMPs are designed to bring the regulated entities into compliance without the legal ramifications of a criminal record. AMPs are designed to be proportionate to the severity of the violation in question and, with a graduated penalty structure, AMPs provide the flexibility for increasing penalty amounts for repeat offences by the same entity.
If an individual or business feels that an AMP issued pursuant to the CSA 2001 was wrongly issued, the individual or business may request a hearing before the Transportation Appeal Tribunal of Canada (TATC) — an independent body from TC —, which can review the violation and penalty amount.
Under the CSA 2001, the Governor in Council can, on the recommendation of the Minister of Transport, make regulations to designate provisions of the Act or related regulations as violations and set a fixed penalty or range of penalties for each designated provision. On April 3, 2008, the AMPNR were brought into force to establish an AMPs regime. They currently designate 1 271 provisions of the CSA 2001 and provisions in 13 of its regulations as violations. They further establish an applicable range of penalties that apply in respect of each violation and specify violations for which a separate penalty may be imposed for each day the violation continues.
Penalty ranges rather than fixed amounts are used to ensure that the AMP is appropriate to the circumstances of each case and that full consideration can be given to any aggravating or mitigating factors that may apply. Aggravating and mitigating factors may include but are not limited to the compliance record of the person or vessel that committed the violation; any harm that was or could have been inflicted on persons or the environment; whether an economic benefit was gained from non-compliance; and whether the violator cooperated with or self-reported the violation to TC or took action to mitigate the impacts of the violation.
Periodic updates to the AMPNR are required to maintain an effective AMP system. Since the AMPNR were implemented, new regulations, including the ASSPPR and the VFSR, have come into effect and are not designated under the AMPNR. Consequently, enforcement measures for these regulations are limited to warnings and recommendations for prosecution. In December 2018, the CSA 2001 was amended under section 711 of Budget Implementation Act, 2018, No. 2, S.C. 2018, c. 27, to raise the maximum AMP to $250,000 per violation, and introduce a transitional provision that authorizes AMPs for non-compliance with a ministerial interim order made under subsection 10.1(1) of the CSA 2001. The prior maximum AMP of $25,000 per violation was put in place more than 20 years ago, when the CSA 2001 was first enacted. An increase in the maximum AMP that may be applied is broadly supported by stakeholders as a means of strengthening financial deterrents to non-compliance.
In order to update the penalty ranges in the AMPNR to reflect the above-mentioned amendments to the CSA 2001, and to enforce the ASSPPR and the VFSR in a similar fashion as other marine safety and environmental protection regulations, amendments to the AMPNR are required.
Without AMPs, actions against non-compliance with the CSA 2001 and certain regulations would be limited to warnings; vessel detention; suspension or cancellation of a Canadian maritime document; issuance of tickets under the Contraventions Regulations; or prosecution of a summary conviction or indictable offence. Warnings and contravention tickets have a limited effectiveness in addressing non-compliance, especially in cases of repeat offences or where there is potential or actual harm to safety or the environment. Further, contraventions can only be applied to certain violations of the CSA 2001 and of two regulations under the AMPNR (the Collision Regulations and the Small Vessel Regulations). Measures such as recommendations for prosecution may be too severe for repeated minor offences or cases other than those involving serious harm. AMPs enable TC to adjust its enforcement in proportion to the gravity and/or consequences of the violation.
Objective
The objective of these amendments is to strengthen marine safety and environmental protection by deterring non-compliance with the requirements of the CSA 2001 and certain regulations made under it.
Description
The proposed amendments to the AMPNR would adjust existing penalty ranges up to the new allowable maximum of $250,000 per violation and designate new violations and prescribe penalty ranges. Specifically, the proposed amendments would
- update the penalty ranges for 121 existing violations under the CSA 2001 and designate subsection 10.1(4) of the CSA 2001 (compliance with interim order) as a violation with a prescribed range of penalties;
- update the penalty ranges for 70 existing violations under the following regulations:
- Ballast Water Control and Management Regulations (SOR/2021-120) [22 violations],
- Environmental Response Regulations (SOR/2019-252) [5 violations],
- Load Line Regulations (SOR/2007-99) [10 violations];
- Special-purpose Vessels Regulations (SOR/2008-121) [7 violations],
- Vessel Safety Certificates Regulations (SOR/2021-135) [24 violations], and
- Vessel Registration and Tonnage Regulations (SOR/2007-126) [2 violations]; and
- designate existing requirements under the following regulations as violations, thereby making them subject to AMPs, and prescribe corresponding penalty ranges:
- Arctic Shipping Safety and Pollution Prevention Regulations (SOR/2017-286) [18 violations], and
- Vessel Fire Safety Regulations (SOR/2017-14) [154 violations].
The provisions of the ASSPPR that would be designated under this proposal include requirements for adhering to Chapter XIV of the International Convention for the Safety of Life at Sea (SOLAS), 1974; requirements regarding shipping safety control zones, ice navigators, and operations in polar waters; and requirements concerning the prevention of pollution by oil, noxious liquid substances in bulk, and sewage and garbage from vessels.
The provisions of the VFSR that would be designated under this proposal include vessel construction, and structural, material and equipment requirements for the purposes of preventing, fighting, and mitigating the impact of fires on board various vessel types.
While designating provisions under the ASSPPR and the VFSR, as well as subsection 10.1(4) of the CSA 2001, would enable the use of AMPs to enforce non-compliance with the designated provisions, no new requirements are being introduced as these provisions are already requirements that are enforced by TC.
Penalty ranges
The established penalty ranges were determined in accordance with TC enforcement policy and an AMP framework that assesses several key criteria, including the gravity of the violation (minor, medium, serious) — which considers the type of violation and the potential consequences of non-compliance — as well as the category of violator (individual, corporation, or vessel). This framework was the subject of public consultations from May to June 2022 (see “Consultation” section).
The gravity classifications of existing violations designated under the AMPNR would remain the same under this proposal:
- Minor violations are typically administrative in nature, which would not result in a risk of harm to people or the environment.
- Medium violations generally involve the failure to comply with regulatory requirements relating to pollution response and response organizations; reporting of discharges or anticipated discharges; oil handling facility record-keeping, information management and reporting; passenger compliance with direction of a master or crew members; and violations relating to marine personnel that would not create a risk of harm to people or the environment (e.g. employment, wages, leave).
- Serious violations are those that could create a risk of harm to people or the environment (e.g. safety of vessels, persons, environment; and pollution prevention) or are related to the destruction of documents or an obstruction of authority.
Under the CSA 2001, marine safety and environmental protection regulations may apply with respect to an individual (e.g. master of the vessel, crew members, passengers), a corporation (i.e. a business) or a vessel, depending on the nature of the regulatory requirement. Vessels can be made the subject of an AMP in cases where the related legislative or regulatory requirements are directed specifically towards the vessel. However, these penalties are to be paid by the owner, operator or authorized representative of the vessel, depending on the nature of the requirement and violation.
As a general rule, to ensure AMPs are effective in deterring non-compliant behaviour, corporations and vessels are subject to higher penalties than individuals for the same or similar violations.
The table below illustrates the general penalty range that applies for each combination of gravity and category of violator.
| Gravity of violation | Individual (person) | Vessel or corporation (person other than Individual) | Individual, vessel, or corporation |
|---|---|---|---|
| Minor | $260–$1,250 | $525–$10,000 | $260–$10,000 |
| Medium | $1,300–$6,250 | $2,625–$100,000 | $1,300–$100,000 |
| Serious | $2,625–$12,500 | $5,250–$250,000 | $2,625–$250,000 |
The proposed penalties associated to violations of the ASSPPR and the VFSR have been classified, using the same methodology to determine whether the potential consequence of non-compliance is “minor,” “medium” or “serious.” With respect to the proposed designation of provisions under the ASSPPR and the VFSR in the AMPNR, most violations are categorized as minor or serious; none are categorized as “medium.” Several provisions of the VFSR would also be designated as minor to serious to reflect the range in severity of outcomes that could result from non-compliance with those provisions. In these cases, non-compliance could be relatively administrative in nature (such as failing to provide or post specified information), but could possibly have the potential to cause harm to people or the environment. In the event of non-compliance with one of these provisions, TC will determine whether the non-compliant behaviour created a risk of harm and will assess the incident as a minor or serious non-compliance accordingly.
Examples of the proposed violations under the ASSPPR would include the following:
Minor
- Subsection 9(1): notification requirements a master of a vessel must send to the Minister prior to entering a shipping safety control zone.
- Section 23: requirement that operations in polar waters must be taken into account in the Garbage Record Book, the garbage management plan and placards as required by the Vessel Pollution and Dangerous Chemicals Regulations.
Serious
- Subsection 16(2): requirement for cargo tanks used to carry oil on certain categories of vessels (not including oil tankers) constructed on or after January 1, 2017, be separated from the outer shell of the vessel by at least 0.76 m.
- Section 26: prohibition for a Canadian vessel or a person on board such a vessel to discharge cargo residues in polar waters other than arctic waters unless certain conditions are met.
Examples of violations under the VFSR would include the following:
Minor
- Subsection 108(1): requirement for vessels carrying dangerous goods to hold a Document of Compliance issued under subsection 108(2) of the VFSR.
- Section 152: language requirements for fire control plans and booklets.
Minor — Serious
- Section 130: requirements for the notices and the on-board storage of an international shore connection.
- Section 310: requirements for the certification or approval of portable fire extinguishers.
Serious
- Subsection 232(1): requirement for each type of compressed gas to be stored in a separate compartment from other types of compressed gas.
- Section 321: requirements for the final coating of exposed surfaces within a machinery space on a wooden or composite vessel.
The violation of subsection 10.1(4) of the CSA 2001 is also designated as minor to serious to accommodate a range of requirements that may be implemented per a ministerial interim order and to reflect the nature of the non-compliant behaviour.
When there is a violation, an appropriate penalty is determined within the prescribed range of penalties by the Minister using TC policies and guidelines, which considers the size of the vessel or corporation that committed the violation, as well as applicable aggravating and mitigating factors. Existing TC AMPs policies and guidelines would not change as a result of the proposed amendments.
While the maximum penalty under these amendments would be $250,000 per violation, this amount would generally be reserved for serious cases of non-compliance by large operators where all aggravating factors are present (e.g. serious potential/actual harm to people or the environment, a history of non-compliance, economic benefit gained from non-compliant behaviour). Thus, most AMPs administered would be under the maximum amount. It should also be noted that the purpose of an AMP is to bring a party back into compliance and is not intended to be punitive in nature. Therefore, an enforcement officer would consider the impact of the AMP on the non-compliant party when determining the amount of the penalty.
Regulatory development
Consultation
In 2018, an online discussion paper was published, and broad consultations were conducted on amendments to the CSA 2001, including the proposal to increase the maximum AMP range from $25,000 to $250,000 per violation. Throughout 2018 and 2019, TC held approximately 50 individual engagement sessions and meetings on the amendments with stakeholders, such as the shipping and fishing industries, Indigenous groups, and coastal communities. There was general support for strengthening compliance and enforcement with marine safety and environmental protection requirements, including raising the maximum AMPs. These amendments received royal assent in December 2018.
In April 2021, at the national Canadian Marine Advisory Council (CMAC) meeting, marine industry stakeholders were consulted on the policy basis for these proposed amendments to the AMPNR, which outlines the penalty ranges up to $250,000, how they are determined, and how specific penalties within these ranges would be assessed in practice. Stakeholders were supportive of the proposed AMP policy framework and higher penalty amounts to strengthen TC’s effectiveness in encouraging responsible industry behaviour.
From May 4 to July 15, 2022, TC sought comments through an online discussion paper on the proposed AMP policy framework. The discussion paper was made available broadly to Canadians and domestic and international parties that would be subject to these updated penalties. TC received comments from four parties including one individual, a port authority, a union, and an industry association representing the owners and operators of vessels that are 100 m in length or longer.
One individual and a union expressed the need for stronger penalties beyond $250,000 for more serious violations, especially those involving death, to more effectively deter and redress non-compliance. While AMPs cannot exceed the maximum amount prescribed in the CSA 2001, it should be noted that there are other enforcement tools available under the CSA 2001 to address more serious offences, such as a summary conviction to a fine of up to $1 million and/or imprisonment for a term of up to 18 months.
One individual and an industry association expressed the need for the framework to define more clearly what constitutes a “minor,” “medium,” and “serious” offence. The industry association stated that the framework should provide further details regarding specific violations that would fall under each of the three levels of gravity. The proposed amendments to the AMPNR would provide specific penalty ranges for each listed violation that, when combined with the penalty ranges for individuals, vessels and corporations identified in the framework, would provide clarity on the maximum penalty amount that could be administered to a party for a given violation.
The industry association also stated that further clarity is required for how TC would assess aggravating factors, as these may be subjective, such as “actual or potential harm.” In accordance with its AMPs policy framework, TC considers various factors when determining the amount of an AMP, including the gravity of the violation, the class of violator, the size of the vessel (if applicable), and various aggravating and mitigating factors. Aggravating factors may include the violator’s history of non-compliance; the actual or potential harm that was or could have been caused; and whether the violator gained an economic or financial benefit from committing the violation. Examples of mitigating factors that may be considered include whether reasonable steps were taken to come into compliance on the violator’s own initiative or to prevent, limit or eliminate the violation’s consequences; whether the violator provided reasonable assistance to authorities and/or cooperated with directions; and whether the violator brought the violation to the attention of TC before the department was made aware by other means. It should be noted that these existing TC policies and guidelines would be unaltered by the proposed amendments and there would be no change in the methodology or manner in which TC currently administers penalties under the AMPNR. These policies and guidelines would also be applied in the same fashion to the proposed designated violations under the ASSPPR and the VFSR.
A union called for a regular review of the use of AMPs to evaluate their efficacy in achieving compliance goals and suggested that TC maintain and publish statistics on the number and severity of AMPs issued on an annual basis. TC is required under the CSA 2001 to keep a public record of notations and violations. Since 2016, the Department has published a list of annual administrative enforcement action summaries on its Administrative Enforcement Action Summaries webpage.
Some respondents also proposed changes to the regulatory framework, including enabling enforcement officers under the Canada Marine Act to administer AMPs for certain violations of the CSA 2001 and the Contravention Regulations, and removing regulatory exemptions for tugs under 15 gross tonnes. These proposed changes are outside the scope of this regulatory proposal.
Modern treaty obligations and Indigenous engagement and consultation
In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, analysis was undertaken to determine whether the proposal is likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the proposal in relation to modern treaties in effect, and no modern treaty obligations were identified.
Instrument choice
AMPs continue to be an ideal enforcement tool to support marine safety and environmental protection, given their flexibility to be tailored to the nature and severity of non-compliant behaviours and the relative ease of administering them compared to other available enforcement measures. Warnings have a limited effect, especially with respect to repeat offences, and the application of contraventions is very limited under the CSA 2001 and is not applicable to the ASSPPR, the VFSR, and several other regulations contained in the AMPNR. By contrast, recommending prosecution should be a measure reserved for serious offences, and requires a resource-intensive investigation, cooperation with the Public Prosecution Service of Canada and other court-related resources. An AMPs regime is the best option to improve enforcement of the ASSPPR and the VFSR and to ensure that these regulations are similarly enforced as other marine safety and environmental protection regulations related to the CSA 2001.
The existing maximum penalty of $25,000 does not reflect the severity of potential harm or environmental damage that can be caused, such as by non-compliant large vessels given their size and carrying capacity. It also does not serve as a strong financial disincentive so that any penalties are not seen as a “cost of doing business.” Given the vast size of Canada’s coasts and the number of vessels operating in Canadian waters, non-regulatory options, such as expanding inspections, monitoring, and enforcement activities, would not be practical, and would be unlikely to further deter non-compliance among vessel owners and operators. Increasing the maximum penalty amount to $250,000 would not only strengthen financial deterrents, but also bridge the existing gap in the range of enforcement measures between a maximum $25,000 AMP and a summary conviction resulting in a fine of up to $1 million and/or 18 months imprisonment, by expanding the range of enforcement options available. Transport Canada believes that designating new penalties and increasing the maximum penalty amounts would contribute to safer marine operations.
The CSA 2001 requires any provision of the Act and its regulations that are to be subject to AMPs in the event of non-compliance to be designated as a violation under the AMPNR. As a result, regulatory amendments to the AMPNR were determined to be the only instrument that can achieve the objective of this proposal.
Regulatory analysis
Analytical framework
The costs and benefits for the proposed Regulations have been assessed in accordance with the Treasury Board of Canada Secretariat’s (TBS) Policy on Cost-Benefit Analysis by comparing the baseline against the regulatory scenario. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the proposed Regulations. The regulatory scenario provides information on the intended outcomes of the proposed Regulations.
In accordance with the TBS Policy on Cost-Benefit Analysis, taxes, levies and other charges constitute transfers from one group to another, and are therefore not considered to be compliance or administrative costs, including if intended as incentives to foster compliance and change behaviour. Correspondingly, the costs to pay for AMPs, as well as the revenue to the Government of Canada generated through AMPs, are not considered costs nor benefits within the scope of the regulatory analysis since they are outside the normal course of business, occurring only in instances of non-compliance.
Baseline and regulatory scenarios
Under the baseline scenario, the existing AMPNR prescribe penalty ranges for a total of 191 violations (121 violations are identified under the CSA 2001 and 70 violations are specifically related to six regulations made under the CSA 2001). The maximum value for an AMP imposed on these violations is $25,000. In addition, violations of provisions under the ASSPPR (SOR/2017-286) and the VFSR (SOR/2007-126) are not subject to AMPs.
Under the regulatory scenario, the maximum value for an AMP imposed on the existing 191 violations prescribed in the AMPNR would be increased to $250,000. Furthermore, the proposed amendments would designate existing requirements under the ASSPPR and the VFSR as violations (18 related to ASSPPR and 154 to the VFSR) subject to AMPs and prescribe corresponding penalty ranges.
Benefits and costs
Benefits
The proposed amendments to the AMPNR would further promote compliance by increasing the maximum range of AMPs so that they serve as an effective deterrent to non-compliance. Where there are instances of non-compliance, this proposal would strengthen enforcement by ensuring that penalties are commensurate with the gravity and consequences of the non-compliance.
Increasing fine amounts also enables Transport Canada to send a clear message regarding its commitment to protect Canada’s marine transportation system within Canada, which in turn is expected to have a positive impact on marine safety and environmental protection.
Costs
The proposed amendments are not expected to impose additional costs on stakeholders. As well, there would not be costs to general taxpayers due to the administration and implementation of this proposal. As the amendments would be largely updating existing penalties, TC would not need to hire additional enforcement officers or marine safety inspectors (MSI). While the proposal includes new violations subject to AMPs under the ASSPPR and the VFSR, these violations are already regulatory requirements that are enforced by TC through other enforcement measures. The amendments would therefore not change the number of requirements for vessel owners and operators, but merely provide another tool to enforce existing regulations.
In addition, existing enforcement officers and MSI at TC would not be required to take additional training on this proposal, as training procedures currently in place have already encompassed all of the existing penalty ranges and requirements associated with the regulations. While the existing training materials would need to be updated to include this proposal and an email notification sent to inform enforcement officers and MSI of the new requirements, costs associated with this update and email notification would be expected to be minimal.
Small business lens
Analysis conducted under the small business lens concluded that the proposal would not impact Canadian small businesses.
One-for-one rule
The one-for-one rule does not apply to this initiative, as there would be no incremental change in administrative burden on business.
Regulatory cooperation and alignment
The proposed amendments are not related to any commitment under a formal regulatory cooperation forum, nor would they impact the mandate of any other minister. AMP regimes are common in the Canadian federal regulatory landscape, and several AMP regimes are already in place at TC. AMP regimes are also used to foster compliance with a wide range of federal regulations in other countries, including the United States, the United Kingdom, and Australia. In the United States, AMPs are used to enforce acts and regulations in ports and in the parts of the St. Lawrence Seaway under American jurisdiction.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
A gender-based analysis plus (GBA+) assessment was conducted to determine if the proposed amendments would have differential impacts on the basis of identity factors such as gender, race, ethnicity, sexuality, etc. The assessment determined that the amendments are not expected to result in any disproportionate impacts on any group of persons based on identity factors.
Implementation, compliance and enforcement, and service standards
The amendments to the AMPNR would come into force on the date on which they are published in the Canada Gazette, Part II.
The proposed amendments would update the penalty ranges for existing violations listed in the AMPNR, as well as designate various provisions of the ASSPPR, the VFSR and subsection 10.1(4) of the CSA 2001 as violations. Industry stakeholders, MSI and enforcement officers would be advised once the new penalty ranges have been published via email from the Canadian Marine Advisory Council Secretariat.
AMPs would continue to be one of the several compliance and enforcement tools that are used by TC to respond to non-compliance with the CSA 2001 and a number of its regulations. Other tools include oral counselling, written warnings, assurances of compliance, the issuance of tickets under the Contraventions Regulations, prosecution of a summary or indictable offence in court, the suspension or cancellation of a Canadian maritime document, and vessel detention. Deciding which tool to use would depend on the
- seriousness of the non-compliance;
- circumstances when the non-compliance was committed (e.g. whether it was committed willfully or deliberately);
- seriousness of any consequences;
- compliance record of the offender; and
- willingness of the offender to take measures to ensure compliance in the future.
In all cases, the enforcement response by TC would be tailored to achieve both compliance and deterrence. AMPs would generally be imposed only where less drastic enforcement tools cannot achieve that objective. As a matter of general policy, vessels and corporations would be subject to higher penalties than individuals.
AMPs can be imposed within two years after the day on which the Minister becomes aware of the violation. Payment of AMPs must be made within 30 days of receiving the notice of violation by means of credit card, certified cheque or money order made payable to the Receiver General for Canada. If the penalty associated with the violation is not paid, it becomes a debt due to His Majesty.
Parties subject to an AMP who believe that the AMP was issued incorrectly can apply to the Transportation Appeal Tribunal of Canada (TATC) to have the penalty reviewed. The TATC is an independent, administrative, quasi-judicial body, established in 2003 pursuant to the Transportation Appeal Tribunal of Canada Act, which provides a recourse mechanism for administrative actions by the Minister of Transport made pursuant to the CSA 2001, among other transportation statutes. This body is less formal than a judicial court, and cases can be presented without legal representation. Often, the TATC is able to accommodate a case proceeding more quickly than a judicial court, and usually at significantly less cost to the applicant. Parties can request an appeal of a TATC decision before the Federal Court of Canada.
The costs associated with implementing proposed amendments, such as updating the reference to the new penalty amounts in training materials, would not require additional funding, and would be managed within TC’s existing resources.
Contact
Administrative Monetary Penalties and Notices (CSA 2001) Regulations
Transport Canada
Place de Ville, Tower C, 9th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Email: adminmonetarypenalties-sanctionsadminpecuniaires@tc.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council proposes to make the annexed Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations under paragraphs 244(f)footnote a to (h)footnote b of the Canada Shipping Act, 2001 footnote c.
Interested persons may make representations concerning the proposed Regulations within 75 days days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Manager, Administrative Monetary Penalties and Notices (CSA 2001) Regulations, Marine Safety and Security, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, 11th Floor, Ottawa, Ontario, K1A 0N5 (email: MSSRegulations-ReglementsSSM@tc.gc.ca).
Ottawa, June 1, 2023
Wendy Nixon
Assistant Clerk of the Privy Council
Regulations Amending the Administrative Monetary Penalties and Notices (CSA 2001) Regulations
Amendments
1 Part 1 of the schedule to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations footnote 1 is replaced by the following:
PART 1
| Item | Column 1 Provision of the Act |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Subsection 10.1(4) | 260 to 250,000 | X |
| 2 | Subsection 16(3) | 1,300 to 6,250 | |
| 3 | Subsection 17(2) | 1,300 to 100,000 | |
| 4 | Section 18 | 260 to 10,000 | |
| 5 | Subsection 20(2) | 260 to 10,000 | X |
| 6 | Paragraph 23(a) | 2,625 to 250,000 | |
| 7 | Paragraph 23(b) | 2,625 to 250,000 | |
| 8 | Paragraph 23(c) | 2,625 to 250,000 | |
| 9 | Paragraph 23(d) | 2,625 to 250,000 | |
| 10 | Paragraph 23(e) | 2,625 to 250,000 | |
| 11 | Subsection 28(7) | 2,625 to 12,500 | |
| 12 | Subsection 46(2) | 260 to 10,000 | X |
| 13 | Subsection 57(1) | 260 to 10,000 | X |
| 14 | Subsection 57(3) | 260 to 10,000 | |
| 15 | Subsection 57(4) | 260 to 10,000 | X |
| 16 | Subsection 58(1) | 260 to 10,000 | |
| 17 | Subsection 58(2) | 260 to 10,000 | |
| 18 | Subsection 58(3) | 260 to 10,000 | |
| 19 | Subsection 58(4) | 260 to 10,000 | |
| 20 | Subsection 63(1) | 260 to 10,000 | |
| 21 | Subsection 63(2) | 260 to 10,000 | |
| 22 | Subsection 63(3) | 260 to 10,000 | |
| 23 | Subsection 64(2) | 260 to 1,250 | |
| 24 | Subsection 82(1) | 260 to 1,250 | |
| 25 | Subsection 82(2) | 1,300 to 6,250 | X |
| 26 | Subsection 82(3) | 2,625 to 250,000 | X |
| 27 | Section 87 | 2,625 to 12,500 | |
| 28 | Subsection 90(1) | 1,300 to 6,250 | |
| 29 | Subsection 90(2) | 1,300 to 6,250 | |
| 30 | Paragraph 91(1)(a) | 260 to 1,250 | |
| 31 | Paragraph 91(1)(b) | 1,300 to 6,250 | |
| 32 | Section 92 | 1,300 to 6,250 | |
| 33 | Subsection 93(1) | 260 to 10,000 | |
| 34 | Subsection 93(2) | 260 to 10,000 | |
| 35 | Subsection 94(1) | 260 to 10,000 | |
| 36 | Subsection 97(1) | 1,300 to 100,000 | |
| 37 | Subsection 97(2) | 1,300 to 6,250 | |
| 38 | Subsection 97(3) | 1,300 to 6,250 | |
| 39 | Subsection 97(4) | 1,300 to 6,250 | |
| 40 | Paragraph 98(a) | 260 to 10,000 | |
| 41 | Paragraph 98(b) | 260 to 10,000 | |
| 42 | Paragraph 98(c) | 260 to 10,000 | |
| 43 | Paragraph 98(d) | 260 to 10,000 | |
| 44 | Paragraph 98(e) | 260 to 10,000 | |
| 45 | Paragraph 106(1)(a) | 2,625 to 250,000 | |
| 46 | Paragraph 106(1)(b) | 2,625 to 250,000 | |
| 47 | Paragraph 106(1)(c) | 2,625 to 250,000 | |
| 48 | Paragraph 106(2)(a) | 2,625 to 250,000 | |
| 49 | Paragraph 106(2)(b) | 2,625 to 250,000 | |
| 50 | Section 107 | 2,625 to 250,000 | |
| 51 | Subsection 109(1) | 2,625 to 250,000 | |
| 52 | Subsection 109(2) | 2,625 to 250,000 | |
| 53 | Subsection 110(1) | 2,625 to 250,000 | |
| 54 | Subsection 110(2) | 2,625 to 250,000 | |
| 55 | Section 111 | 2,625 to 12,500 | |
| 56 | Section 112 | 2,625 to 12,500 | |
| 57 | Paragraph 113(a) | 2,625 to 12,500 | |
| 58 | Paragraph 113(b) | 2,625 to 12,500 | |
| 59 | Paragraph 113(c) | 2,625 to 12,500 | |
| 60 | Paragraph 113(d) | 2,625 to 12,500 | |
| 61 | Section 114 | 2,625 to 12,500 | |
| 62 | Subsection 115(1) | 1,300 to 6,250 | |
| 63 | Subsection 115(2) | 1,300 to 6,250 | |
| 64 | Paragraph 116(a) | 1,300 to 6,250 | |
| 65 | Paragraph 116(b) | 1,300 to 6,250 | |
| 66 | Section 117 | 2,625 to 250,000 | |
| 67 | Section 118 | 2,625 to 250,000 | |
| 68 | Section 119 | 2,625 to 250,000 | |
| 69 | Paragraph 148(b) | 260 to 10,000 | |
| 70 | Paragraph 167(1)(a) | 5,250 to 250,000 | X |
| 71 | Paragraph 167(1)(b) | 2,625 to 100,000 | X |
| 72 | Section 167.1 | 260 to 10,000 | |
| 73 | Subsection 167.2(1) | 2,625 to 250,000 | |
| 74 | Subsection 167.2(2) | 1,300 to 100,000 | |
| 75 | Subsection 167.2(3) | 2,625 to 250,000 | |
| 76 | Paragraph 168(1)(a) | 2,625 to 250,000 | X |
| 77 | Paragraph 168(1)(b) | 1,300 to 100,000 | X |
| 78 | Paragraph 168(1)(c) | 260 to 10,000 | |
| 79 | Paragraph 168(1)(c.1) | 260 to 10,000 | |
| 80 | Paragraph 168(1)(d) | 260 to 10,000 | |
| 81 | Paragraph 168(1)(d.1) | 260 to 10,000 | |
| 82 | Paragraph 168(1)(e) | 2,625 to 250,000 | X |
| 83 | Paragraph 168(3)(a) | 1,300 to 100,000 | |
| 84 | Paragraph 168(3)(b) | 2,625 to 250,000 | X |
| 85 | Subsection 168.01(1) | 260 to 10,000 | |
| 86 | Subsection 168.01(2) | 1,300 to 100,000 | |
| 87 | Subsection 168.01(3) | 1,300 to 100,000 | |
| 88 | Subsection 168.01(4) | 2,625 to 250,000 | |
| 89 | Section 168.1 | 1,300 to 100,000 | |
| 90 | Section 168.2 | 1,300 to 100,000 | |
| 91 | Paragraph 168.3(b) | 2,625 to 250,000 | |
| 92 | Paragraph 171(a) | 1,300 to 100,000 | X |
| 93 | Paragraph 171(b) | 2,625 to 250,000 | X |
| 94 | Paragraph 171(c) | 1,300 to 100,000 | |
| 95 | Paragraph 171(d) | 1,300 to 100,000 | |
| 96 | Paragraph 171(e) | 1,300 to 100,000 | |
| 97 | Paragraph 171(f) | 260 to 10,000 | |
| 98 | Section 171.1 | 1,300 to 100,000 | |
| 99 | Section 187 | 2,625 to 250,000 | |
| 100 | Section 188 | 5,250 to 250,000 | |
| 101 | Paragraph 189(a) | 2,625 to 100,000 | |
| 102 | Paragraph 189(b) | 2,625 to 100,000 | |
| 103 | Paragraph 189(c) | 2,625 to 100,000 | |
| 104 | Subparagraph 189(d)(i) | 5,250 to 250,000 | |
| 105 | Subparagraph 189(d)(ii) | 2,625 to 100,000 | |
| 106 | Subsection 211(3) | 2,625 to 250,000 | |
| 107 | Paragraph 211(4)(a) | 2,625 to 250,000 | |
| 108 | Paragraph 211(4)(b) | 2,625 to 250,000 | |
| 109 | Paragraph 211(4)(c) | 2,625 to 250,000 | |
| 110 | Paragraph 211(4)(d) | 2,625 to 250,000 | |
| 111 | Paragraph 211(4)(d.1) | 2,625 to 250,000 | |
| 112 | Paragraph 211(4)(e) | 2,625 to 250,000 | |
| 113 | Subsection 212(2) | 2,625 to 12,500 | |
| 114 | Section 213 | 1,300 to 100,000 | |
| 115 | Section 215 | 2,625 to 250,000 | |
| 116 | Subsection 218(1) | 2,625 to 250,000 | |
| 117 | Subsection 222(9) | 2,625 to 250,000 | |
| 118 | Subsection 222(10) | 2,625 to 250,000 | |
| 119 | Section 223 | 2,625 to 250,000 | |
| 120 | Paragraph 227(1)(a) | 2,625 to 250,000 | |
| 121 | Paragraph 227(1)(b) | 2,625 to 250,000 | |
| 122 | Paragraph 227(1)(c) | 2,625 to 250,000 |
2 Part 4 of the schedule to the Regulations is replaced by the following:
PART 4
| Item | Column 1 Provision of the Load Line Regulations |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Subsection 4(1) | 5,250 to 250,000 | |
| 2 | Subsection 4(2) | 5,250 to 250,000 | |
| 3 | Subsection 4(3) | 5,250 to 250,000 | |
| 4 | Subsection 6(1) | 2,625 to 250,000 | |
| 5 | Subsection 6(2) | 2,625 to 250,000 | |
| 6 | Section 11 | 260 to 10,000 | X |
| 7 | Section 12 | 260 to 1,250 | X |
| 8 | Section 16 | 5,250 to 250,000 | |
| 9 | Section 18 | 2,625 to 250,000 | |
| 10 | Section 20 | 260 to 10,000 | X |
3 Parts 6 to 9 of the schedule to the Regulations are replaced by the following:
PART 6
| Item | Column 1 Provision of the Special-purpose Vessels Regulations |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Subsection 3(1) | 2,625 to 250,000 | |
| 2 | Subsection 3(2) | 2,625 to 12,500 | |
| 3 | Subsection 10(3) | 2,625 to 12,500 | |
| 4 | Subsection 13(1) | 2,625 to 12,500 | |
| 5 | Subsection 13(2) | 2,625 to 12,500 | |
| 6 | Subsection 13(3) | 2,625 to 12,500 | |
| 7 | Section 18 | 260 to 10,000 |
PART 7
| Item | Column 1 Provision of the Vessel Safety Certificates Regulations |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Section 6 | 5,250 to 250,000 | |
| 2 | Paragraph 7(2)(a) | 2,625 to 250,000 | |
| 3 | Paragraph 7(2)(b) | 260 to 250,000 | |
| 4 | Paragraph 10(a) | 260 to 250,000 | |
| 5 | Paragraph 10(b) | 260 to 250,000 | |
| 6 | Paragraph 10(c) | 260 to 250,000 | |
| 7 | Paragraph 10(d) | 260 to 250,000 | |
| 8 | Section 12 | 5,250 to 250,000 | |
| 9 | Paragraph 13(2)(a) | 2,625 to 250,000 | |
| 10 | Paragraph 13(2)(b) | 2,625 to 250,000 | |
| 11 | Paragraph 15(a) | 260 to 250,000 | |
| 12 | Paragraph 15(b) | 260 to 250,000 | |
| 13 | Paragraph 17(1)(a) | 260 to 10,000 | |
| 14 | Paragraph 17(1)(b) | 260 to 10,000 | |
| 15 | Subparagraph 18(1)(a)(i) | 260 to 250,000 | |
| 16 | Subparagraph 18(1)(a)(ii) | 260 to 250,000 | |
| 17 | Subparagraph 18(1)(a)(iii) | 260 to 250,000 | |
| 18 | Subparagraph 18(1)(a)(iv) | 260 to 250,000 | |
| 19 | Paragraph 18(1)(b) | 2,625 to 250,000 | |
| 20 | Paragraph 18(2)(a) | 2,625 to 250,000 | |
| 21 | Paragraph 18(2)(b) | 2,625 to 250,000 | |
| 22 | Paragraph 19(a) | 2,625 to 250,000 | |
| 23 | Paragraph 19(b) | 2,625 to 250,000 | |
| 24 | Paragraph 19(c) | 2,625 to 250,000 |
PART 8
| Item | Column 1 Provision of the Vessel Registration and |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Section 7 | 2,625 to 100,000 | |
| 2 | Section 9 | 1,300 to 100,000 |
PART 9
| Item | Column 1 Provision of the Ballast Water Regulations |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Subsection 4(1) | 2,625 to 250,000 | |
| 2 | Paragraph 4(3)(a) | 260 to 10,000 | |
| 3 | Paragraph 4(3)(b) | 260 to 10,000 | |
| 4 | Paragraph 4(3)(c) | 260 to 10,000 | |
| 5 | Paragraph 4(3)(d) | 260 to 10,000 | |
| 6 | Subsection 4(4) | 260 to 10,000 | |
| 7 | Paragraph 4(5)(a) | 1,300 to 100,000 | |
| 8 | Paragraph 4(5)(b) | 2,625 to 250,000 | |
| 9 | Paragraph 4(5)(c) | 2,625 to 250,000 | |
| 10 | Section 8 | 5,250 to 250,000 | X |
| 11 | Subsection 14(1) | 5,250 to 250,000 | X |
| 12 | Subsection 14(2) | 260 to 10,000 | X |
| 13 | Subsection 15(1) | 5,250 to 250,000 | X |
| 14 | Subsection 15(4) | 260 to 10,000 | X |
| 15 | Subsection 16(1) | 5,250 to 250,000 | X |
| 16 | Section 17 | 2,625 to 250,000 | X |
| 17 | Section 18 | 525 to 10,000 | |
| 18 | Section 19 | 525 to 10,000 | X |
| 19 | Section 20 | 525 to 10,000 | X |
| 20 | Section 22 | 525 to 10,000 | X |
| 21 | Section 23 | 525 to 10,000 | X |
| 22 | Section 24 | 260 to 10,000 |
4 Part 14 of the schedule to the Regulations is replaced by the following:
PART 14
| Item | Column 1 Provision of the Environmental |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Subsection 11(3) | 260 to 10,000 | |
| 2 | Subsection 12(1) | 1,300 to 100,000 | |
| 3 | Subsection 12(2) | 1,300 to 100,000 | |
| 4 | Subsection 12(3) | 260 to 10,000 | |
| 5 | Subsection 12(4) | 260 to 10,000 |
5 The schedule to the Regulations is amended by adding the following after Part 15:
PART 16
| Item | Column 1 Provision of the Arctic Shipping Safety and Pollution Prevention Regulations |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Subsection 6(1), in respect of
|
2,625 to 250,000 | X |
| 2 | Subsection 8(1) | 5,250 to 250,000 | X |
| 3 | Subsection 9(1) | 260 to 1,250 | X |
| 4 | Subsection 9(2) | 260 to 1,250 | X |
| 5 | Subsection 10(1) | 5,250 to 250,000 | |
| 6 | Subsection 10(2) | 2,625 to 12,500 | |
| 7 | Section 11 | 5,250 to 250,000 | |
| 8 | Section 15 | 260 to 10,000 | X |
| 9 | Subsection 16(1) | 5,250 to 250,000 | |
| 10 | Subsection 16(2) | 5,250 to 250,000 | |
| 11 | Subsection 16(3) | 5,250 to 250,000 | |
| 12 | Subsection 16(5) | 5,250 to 250,000 | |
| 13 | Section 17 | 260 to 10,000 | X |
| 14 | Section 18 | 5,250 to 250,000 | |
| 15 | Section 19 | 2,625 to 250,000 | X |
| 16 | Section 23 | 260 to 10,000 | X |
| 17 | Subsection 24(1) | 2,625 to 250,000 | X |
| 18 | Section 26 | 2,625 to 250,000 | X |
PART 17
| Item | Column 1 Provision of the Vessel Fire Safety Regulations |
Column 2 Range of Penalties ($) |
Column 3 Separate Violation for Each Day |
|---|---|---|---|
| 1 | Subsection 102(1) | 260 to 250,000 | X |
| 2 | Subsection 102(2) | 260 to 12,500 | X |
| 3 | Subsection 108(1) | 525 to 10,000 | X |
| 4 | Section 111 | 5,250 to 250,000 | |
| 5 | Subsection 112(1) | 5,250 to 250,000 | |
| 6 | Subsection 112(2) | 5,250 to 250,000 | |
| 7 | Subsection 113(1) | 5,250 to 250,000 | |
| 8 | Subsection 113(2) | 5,250 to 250,000 | |
| 9 | Section 114 | 5,250 to 250,000 | |
| 10 | Section 115 | 5,250 to 250,000 | |
| 11 | Subsection 117(2) | 2,625 to 250,000 | X |
| 12 | Section 118 | 2,625 to 250,000 | X |
| 13 | Section 119 | 5,250 to 250,000 | |
| 14 | Subsection 120(1) | 5,250 to 250,000 | |
| 15 | Subsection 120(2) | 5,250 to 250,000 | |
| 16 | Subsection 120(3) | 5,250 to 250,000 | |
| 17 | Subsection 120(4) | 525 to 10,000 | |
| 18 | Paragraph 121(1)(a) | 5,250 to 250,000 | |
| 19 | Paragraph 121(1)(b) | 5,250 to 250,000 | |
| 20 | Paragraph 121(1)(c) | 525 to 10,000 | |
| 21 | Subsection 121(2) | 5,250 to 250,000 | |
| 22 | Section 122 | 5,250 to 250,000 | |
| 23 | Subsection 123(1) | 5,250 to 250,000 | |
| 24 | Subsection 123(2) | 5,250 to 250,000 | |
| 25 | Section 124 | 525 to 10,000 | X |
| 26 | Section 125 | 5,250 to 250,000 | |
| 27 | Subsection 126(1) | 5,250 to 250,000 | |
| 28 | Subsection 126(2) | 5,250 to 250,000 | |
| 29 | Paragraph 126(3)(a) | 5,250 to 250,000 | |
| 30 | Paragraph 126(3)(b) | 5,250 to 250,000 | |
| 31 | Paragraph 126(3)(c) | 525 to 10,000 | X |
| 32 | Subsection 126(4) | 5,250 to 250,000 | |
| 33 | Subsection 126(5) | 525 to 250,000 | |
| 34 | Section 127 | 5,250 to 250,000 | |
| 35 | Subsection 128(1) | 5,250 to 250,000 | |
| 36 | Subsection 128(2) | 5,250 to 250,000 | |
| 37 | Subsection 128(3) | 5,250 to 250,000 | |
| 38 | Subsection 128(4) | 5,250 to 250,000 | |
| 39 | Section 129 | 5,250 to 250,000 | |
| 40 | Section 130 | 525 to 250,000 | X |
| 41 | Section 131 | 5,250 to 250,000 | |
| 42 | Section 132 | 5,250 to 250,000 | |
| 43 | Subsection 133(2) | 5,250 to 250,000 | |
| 44 | Subsection 133(3) | 5,250 to 250,000 | |
| 45 | Subsection 135(1) | 5,250 to 250,000 | |
| 46 | Subsection 135(2) | 5,250 to 250,000 | |
| 47 | Subsection 135(3) | 5,250 to 250,000 | |
| 48 | Subsection 135(4) | 5,250 to 250,000 | |
| 49 | Subsection 136(1) | 5,250 to 250,000 | X |
| 50 | Subsection 136(2) | 5,250 to 250,000 | X |
| 51 | Subsection 136(3) | 5,250 to 250,000 | X |
| 52 | Subsection 137(1) | 5,250 to 250,000 | X |
| 53 | Subsection 137(2) | 5,250 to 250,000 | X |
| 54 | Section 139 | 5,250 to 250,000 | |
| 55 | Section 141 | 5,250 to 250,000 | |
| 56 | Subsection 143(0.1) | 5,250 to 250,000 | X |
| 57 | Subsection 143(0.2) | 5,250 to 250,000 | X |
| 58 | Subsection 143(2) | 5,250 to 250,000 | X |
| 59 | Subsection 144(1) | 5,250 to 250,000 | X |
| 60 | Subsection 144(2) | 5,250 to 250,000 | X |
| 61 | Subsection 144(3) | 5,250 to 250,000 | X |
| 62 | Subsection 145(1) | 5,250 to 250,000 | |
| 63 | Subsection 146(1) | 5,250 to 250,000 | |
| 64 | Subsection 146(2) | 5,250 to 250,000 | |
| 65 | Subsection 147(1) | 5,250 to 250,000 | |
| 66 | Subsection 147(2) | 5,250 to 250,000 | |
| 67 | Subsection 147(3) | 5,250 to 250,000 | |
| 68 | Subsection 147(4) | 5,250 to 250,000 | |
| 69 | Subsection 147(5) | 5,250 to 250,000 | |
| 70 | Subsection 147(6) | 5,250 to 250,000 | |
| 71 | Section 149 | 525 to 10,000 | |
| 72 | Subsection 150(1) | 5,250 to 250,000 | |
| 73 | Subsection 150(2) | 525 to 10,000 | |
| 74 | Section 151 | 5,250 to 250,000 | X |
| 75 | Section 152 | 525 to 10,000 | |
| 76 | Section 154 | 525 to 10,000 | |
| 77 | Section 155 | 525 to 10,000 | |
| 78 | Section 156 | 525 to 10,000 | |
| 79 | Section 157 | 5,250 to 250,000 | |
| 80 | Subsection 158(1) | 525 to 10,000 | |
| 81 | Subsection 158(2) | 5,250 to 250,000 | |
| 82 | Section 205 | 5,250 to 250,000 | |
| 83 | Section 206 | 5,250 to 250,000 | |
| 84 | Section 207 | 5,250 to 250,000 | |
| 85 | Section 208 | 5,250 to 250,000 | |
| 86 | Section 209 | 5,250 to 250,000 | |
| 87 | Section 210 | 5,250 to 250,000 | |
| 88 | Section 211 | 5,250 to 250,000 | |
| 89 | Section 212 | 5,250 to 250,000 | |
| 90 | Section 213 | 5,250 to 250,000 | |
| 91 | Section 214 | 5,250 to 250,000 | |
| 92 | Section 215 | 5,250 to 250,000 | |
| 93 | Section 216 | 5,250 to 250,000 | |
| 94 | Section 217 | 5,250 to 250,000 | |
| 95 | Section 218 | 5,250 to 250,000 | |
| 96 | Section 219 | 5,250 to 250,000 | |
| 97 | Section 220 | 5,250 to 250,000 | |
| 98 | Section 221 | 5,250 to 250,000 | |
| 99 | Section 222 | 5,250 to 250,000 | |
| 100 | Section 223 | 5,250 to 250,000 | |
| 101 | Section 224 | 5,250 to 250,000 | |
| 102 | Section 225 | 5,250 to 250,000 | |
| 103 | Section 226 | 5,250 to 250,000 | |
| 104 | Section 227 | 5,250 to 250,000 | |
| 105 | Section 228 | 5,250 to 250,000 | |
| 106 | Section 229 | 5,250 to 250,000 | |
| 107 | Section 230 | 5,250 to 250,000 | X |
| 108 | Section 231 | 525 to 250,000 | X |
| 109 | Section 232 | 5,250 to 250,000 | X |
| 110 | Section 233 | 5,250 to 250,000 | |
| 111 | Section 234 | 5,250 to 250,000 | |
| 112 | Section 305 | 260 to 250,000 | X |
| 113 | Section 306 | 260 to 250,000 | X |
| 114 | Section 307 | 260 to 250,000 | X |
| 115 | Section 308 | 260 to 250,000 | X |
| 116 | Section 309 | 260 to 250,000 | X |
| 117 | Section 310 | 260 to 250,000 | X |
| 118 | Section 311 | 260 to 250,000 | X |
| 119 | Section 312 | 260 to 250,000 | X |
| 120 | Section 313 | 260 to 250,000 | X |
| 121 | Section 314 | 5,250 to 250,000 | |
| 122 | Section 315 | 5,250 to 250,000 | |
| 123 | Section 316 | 5,250 to 250,000 | |
| 124 | Section 317 | 5,250 to 250,000 | |
| 125 | Section 318 | 5,250 to 250,000 | |
| 126 | Section 319 | 5,250 to 250,000 | |
| 127 | Section 320 | 5,250 to 250,000 | |
| 128 | Section 321 | 5,250 to 250,000 | |
| 129 | Section 322 | 5,250 to 250,000 | |
| 130 | Section 323 | 5,250 to 250,000 | |
| 131 | Section 324 | 5,250 to 250,000 | |
| 132 | Section 325 | 5,250 to 250,000 | |
| 133 | Section 326 | 5,250 to 250,000 | |
| 134 | Section 327 | 5,250 to 250,000 | |
| 135 | Section 328 | 5,250 to 250,000 | X |
| 136 | Section 329 | 5,250 to 250,000 | |
| 137 | Section 330 | 5,250 to 250,000 | |
| 138 | Section 331 | 5,250 to 250,000 | |
| 139 | Section 332 | 5,250 to 250,000 | |
| 140 | Section 333 | 5,250 to 250,000 | |
| 141 | Section 334 | 5,250 to 250,000 | |
| 142 | Section 335 | 5,250 to 250,000 | |
| 143 | Section 336 | 5,250 to 250,000 | |
| 144 | Section 337 | 5,250 to 250,000 | |
| 145 | Section 338 | 5,250 to 250,000 | |
| 146 | Section 339 | 5,250 to 250,000 | |
| 147 | Section 340 | 5,250 to 250,000 | |
| 148 | Section 341 | 5,250 to 250,000 | |
| 149 | Section 342 | 5,250 to 250,000 | |
| 150 | Section 343 | 525 to 10,000 | X |
| 151 | Section 344 | 5,250 to 250,000 | |
| 152 | Section 345 | 5,250 to 250,000 | |
| 153 | Section 346 | 5,250 to 250,000 | |
| 154 | Section 347 | 5,250 to 250,000 |
Coming into Force
6 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.
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