CANADA SHIPPING ACT, 2001
ADMINISTRATIVE MONETARY PENALTIES REGULATIONS
Canada Shipping Act, 2001
The Canada Shipping Act, 2001 (CSA 2001) replaces the Canada Shipping Act (CSA) as the principal legislation that governs safety in marine transportation, recreational boating and the protection of the marine environment. It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (all vessels from canoes and kayaks to cruise ships and tankers).
The CSA 2001 is the result of extensive consultations with a wide range of marine stakeholders. It represents an updated and streamlined version of the original CSA, making it clearer and easier to understand. This will greatly assist the marine community to operate in a manner that is safer, more efficient and environmentally sound, and responsive to the needs of Canadians in a global economy.
Many regulations have been updated and new ones have been written. Some will have very little impact, while others will bring big changes. Some of the most important changes include administrative monetary penalties.
Administrative Monetary Penalties Regulations
Transport Canada Marine Safety (Marine Safety) will still be able to lay charges against anyone who does not comply with the new Act or its regulations. This will occur only in serious offences. The new Act gives Marine Safety the right to issue Administrative Monetary Penalties (AMPs) and enter into Assurances of Compliance.
The AMPs Regulations are new to the marine sector. They set up a penalty system that will apply to all vessel types except pleasure craft. This new system will save time and money for everyone. Administrative monetary penalties provide a way, outside the courts, to enforce the law. This flexibility and efficiency will make the Marine Safety’s Enforcement Program more effective and in turn, will improve the safety of the marine community, the marine environment and ultimately the general public.
The AMPs Regulations will most likely come into force shortly after the CSA 2001. Penalties will not be imposed until at least six months later.
Anyone who receives a penalty or who defaults under an assurance may appeal to the Transportation Appeal Tribunal of Canada. You can learn more at: www.tatc.gc.ca.
Visit the Canadian Marine Advisory Council website at www.cmac-ccmc.gc.ca to learn more about AMPs Regulations or the Canada Shipping Act, 2001 reform. You may also call toll-free
1-866-879-9902 or 613-998-7764 in the National Capital Region.
July 2007
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