When the Canada Shipping Act, 2001 (CSA 2001) came into force on July 1, 2007 it introduced a new administrative enforcement scheme that was designed to encourage and promote compliance.
The CSA 2001 is the principal legislation governing safety in marine transportation and recreational boating, as well as protection of the marine environment.
One of the key objectives of the CSA 2001 is to “establish an effective inspection and enforcement program”.
Under the CSA 2001 regime, administrative enforcement tools such as administrative monetary penalties and assurances of compliance agreements are being introduced to allow Marine Safety to deal with contraventions administratively, rather than through the criminal court system.
These administrative enforcement tools were introduced when the Administrative Monetary Penalties Regulations came into force on April 3, 2008.
To ensure national consistency of enforcement measures, a national Compliance, Enforcement and Appeals section has been created by Transport Canada Marine Safety headquarters to manage the new Compliance and Enforcement Program. This Section will be responsible for overseeing the enforcement activities and further developing national policies and procedures relating to compliance and enforcement so that marine safety enforcement is not only consistent throughout the country but also transparent to the marine community.
Transport Canada Marine Safety has also developed, in consultation with stakeholders, a national Compliance and Enforcement Policy that outlines the process that should be followed when a contravention is detected.
Any person/vessel or corporation who is the subject of a penalty under the Administrative Monetary Penalties Regulations will have the right to have the Minister’s decision reviewed by the Transportation Appeal Tribunal of Canada (TATC). The TATC is an independent body created by the Transportation Appeal Tribunal of Canada Act. For more information about the TATC, visit their website at www.tatc.gc.ca.