Canada’s Minister of Transport, Pablo Rodriguez,
has announced a substantial increase in the value of monetary penalties for
violations under the Canada Shipping Act, 2001. The maximum penalty has been raised from CAD $25,000 to a significant
CAD $250,000.The revised penalty structure, divided into minor, medium, and
serious levels, is designed to reflect
the severity of the maritime violation.
Minor
violations, which are administrative and pose no threat to public safety or the
environment, can include a ship captain’s failure to notify the Minister of
Transport before entering a shipping safety control zone. Medium violations,
where pollution response regulations are not followed, may include instances
such as cheating on an examination to obtain a maritime document. Serious
violations, posing a risk to human health or the environment, can range from
improper storage of compressed gas to the discharge of cargo residues in polar
waters under specific conditions.
The
adjustment in penalties is part of Canada’s Oceans Protection Plan, a
collaborative initiative involving Indigenous Peoples, industry, communities,
scientists, and government.
“We’re serious about the safety of
our waters and the well-being of Canadians, and that’s why we’re introducing
these amendments and raising the maximum penalty,” stated Rodriguez. “This is
another step we’re taking through Canada’s Oceans Protection Plan to make sure
our coasts and waterways are safe for generations to come.”
The
Canada Shipping Act, 2001, has enabled the use of administrative monetary
penalties to enforce the Act and its regulations. The previous maximum penalty
of CAD $25,000 per violation was set in 2008, and the new amount reflects the
Government of Canada’s ongoing efforts to strengthen the country’s marine
safety system and deter violators.
Transport
Canada maintains oversight of the marine shipping industry through inspections
and monitoring, ensuring compliance with regulations. Their enforcement toolbox
includes regulatory amendments, written warnings, and potential cancellation or
suspension of licenses and permits, even criminal prosecution.
The penalties are distinct from
criminal prosecution, used for the most serious cases of
non-compliance, which can result in a fine of up to CAD $1 million and/or
imprisonment of up to 18 months.