Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Wrecked, Abandoned or Hazardous Vessels Act (S.C. 2019, c. 1)

Act current to 2022-11-16 and last amended on 2019-08-28. Previous Versions

PART 5Administration and Enforcement (continued)

Administrative Monetary Penalties (continued)

General (continued)

Marginal note:Violation by employee or agent or mandatary

 A person is liable for a violation that is committed by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

Marginal note:Direction to vessel

 For the purposes of a proceeding against a vessel for a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the vessel if

  • (a) the direction is given to the authorized representative or a person in charge of the vessel; or

  • (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Marginal note:Limitation or prescription period

 No notice of violation may be issued more than two years after the day on which an enforcement officer becomes aware of the violation.

Marginal note:Certificate

 A document that purports to have been issued by the enforcement officer and that certifies the day on which they became aware of the violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the violation on that day.

Public Record

Marginal note:Disclosure of notices of violation and default

 The Minister must keep a public record of notices of violation or default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or vessel that committed it and the amount of the penalty.

Marginal note:Notations removed

  •  (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which the person or vessel has paid every penalty that the person or vessel is liable to pay under this Act, the Minister must remove a notice of violation or default from the public record of notices of violation or default.

  • Marginal note:Duty to notify

    (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she must give notice of that fact to the person or vessel in writing, and provide the grounds for that opinion.

  • Marginal note:Contents of notice

    (3) The notice must include the address at which, and the date, being 30 days after the day on which the notice is served, on or before which, a request for a review may be filed and the particulars concerning the procedure for requesting a review.

  • Marginal note:Request for review

    (4) The person or vessel may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal on application may allow, file a written request for a review of the Minister’s decision made under subsection (2) with the Tribunal.

  • Marginal note:Time and place for review

    (5) On receipt of the request, the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.

  • Marginal note:Review procedure

    (6) The member of the Transportation Appeal Tribunal who is assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

  • Marginal note:Determination by member

    (7) The member who conducts the review may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

  • Marginal note:Right of appeal

    (8) The person or vessel that requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Transportation Appeal Tribunal.

  • Marginal note:Loss of right of appeal

    (9) If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (10) The appeal panel of the Transportation Appeal Tribunal that is assigned to hear the appeal may dismiss it or refer the matter back to the Minister for reconsideration.

Regulations

Marginal note:Governor in Council

 For the purposes of sections 90 to 108, the Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) designating as a violation — in addition to a violation that is already set out in subsection 90(1) or (2) — the contravention of

    • (i) any specified provision of this Act or of the regulations, or

    • (ii) any direction given under any specified provision of this Act or of the regulations;

  • (b) establishing a penalty or a range of penalties in respect of a violation up to the maximum amount set out in subsection 90(4) or (5), as the case may be;

  • (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account;

  • (d) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and

  • (e) respecting persons who can request a review on behalf of a vessel in relation to an alleged violation by the vessel.

Offences and Punishment

Offences and Punishment

Marginal note:Offence — persons

  •  (1) Every person that contravenes any of the following commits an offence:

    • (a) subsection 24(2) or 26(2);

    • (b) subsection 19(1), section 20, 31 or 33, subsection 58(1) or (3), section 60 or subsection 82(7) or (8);

    • (c) subsection 30(1), 32(1) or 34(1) or section 70, 78, 83, 87 or 88;

    • (d) a direction given under paragraph 37(3)(c), 58(4)(b), 67(2)(e), (k) or (m) or (3)(a), 74(2)(e), (k) or (m) or (3)(a) or 84(1)(b);

    • (e) a direction given under subsection 21(1), paragraph 30(3)(c) or 36(c), subsection 37(1) or (2) or paragraph 67(4)(b);

    • (f) a provision of the regulations.

  • Marginal note:Offence — vessels

    (2) Every vessel that contravenes any of the following commits an offence:

    • (a) paragraph 24(1)(a) or (b);

    • (b) a direction given under paragraph 37(3)(c), 67(3)(b) or 74(3)(b) or subsection 74(4);

    • (c) a direction given under paragraph 30(3)(c) or 36(c) or subsection 67(4);

    • (d) a provision of the regulations.

  • Marginal note:Punishment — certificates

    (3) Every person or vessel that commits an offence under paragraph (1)(a) or (2)(a) is liable on summary conviction to a fine of not more than $100,000.

  • Marginal note:Punishment — individuals

    (4) Every individual who commits an offence under paragraph (1)(c) or (e) is liable

    • (a) on conviction on indictment to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; or

    • (b) on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

  • Marginal note:Punishment — individuals

    (5) Every individual who commits an offence under any of paragraphs (1)(b), (d) and (f) is liable on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

  • Marginal note:Punishment — other persons and vessels

    (6) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(c) and (e) and (2)(c) is liable

    • (a) on conviction on indictment to a fine of not less than $500,000 and not more than $6,000,000; or

    • (b) on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.

  • Marginal note:Punishment — other persons and vessels

    (7) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(b), (d) and (f) and (2)(b) and (d) is liable on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.

Marginal note:Relief from minimum fine

 The court may impose a fine that is less than the minimum amount provided for in subsections 110(4) to (7) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship or would be grossly disproportionate to the nature and gravity of the offence. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those subsections.

Marginal note:Continuing offences

 If an offence under section 110 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Court order

 If a person is found guilty of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order

  • (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the person to take any action the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence;

  • (c) directing the person to pay the Minister or the Minister of Fisheries and Oceans an amount of money as compensation, in whole or in part, for the costs and expenses of any remedial or preventive action taken by or caused to be taken on behalf of the Minister or the Minister of Fisheries and Oceans as a result of the commission of the offence; and

  • (d) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.

Marginal note:Service

  •  (1) If a vessel is charged with an offence under subsection 110(2), the summons must be served

    • (a) by delivering it to the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel; or

    • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting the summons on any conspicuous part of the vessel.

  • Marginal note:Appearance at trial

    (2) If a vessel is charged with an offence under subsection 110(2), the vessel may appear by counsel or representative before the court. Despite the Criminal Code, if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.

Marginal note:Proof of offence by vessel

 In a prosecution of a vessel for an offence under subsection 110(2), it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the vessel, whether or not the person has been identified.

Marginal note:Party to offence committed by vessel

  •  (1) If a vessel commits an offence under subsection 110(2) and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the vessel has been prosecuted or convicted.

  • Marginal note:Party to offence committed by corporation

    (2) If a corporation commits an offence under this Act, any director, officer or agent or mandatary of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

Marginal note:Offence by employee or agent or mandatary

 A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act.

Marginal note:Direction to vessel

 For the purposes of prosecuting a vessel for contravening a direction given under this Act, a direction is deemed to have been given to the vessel if

  • (a) the direction is given to the authorized representative or a person in charge of the vessel; or

  • (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Marginal note:Due diligence defence — persons

  •  (1) A person must not be found guilty of an offence under this Act, other than in relation to a contravention of subsection 34(1) or 60(2) or section 70, 78, 83 or 88, if they establish that they exercised due diligence to prevent its commission.

  • Marginal note:Due diligence defence — vessels

    (2) A vessel must not be found guilty of an offence under this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

Marginal note:Limitation or prescription period

  •  (1) Proceedings by way of summary conviction under this Act may be commenced no later than two years after the day on which an enforcement officer becomes aware of the subject matter of the proceedings.

  • Marginal note:Certificate

    (2) A document that purports to have been issued by the enforcement officer and that certifies the day on which they became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the subject matter on that day.

  • Marginal note:Defendant outside Canada

    (3) If the proceedings cannot be commenced because the proposed defendant is outside Canada, the proceedings may be commenced not later than 60 days after the day on which they arrive in Canada.

Forfeiture, Retention or Disposition

Marginal note:Forfeiture

  •  (1) If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

  • Marginal note:Return where no forfeiture ordered

    (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner.

  • Marginal note:Protection of persons claiming interest

    (3) The provisions of sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, in respect of any thing forfeited under subsection (1) as though it were a thing forfeited under subsection 72(1) of that Act.

Marginal note:Retention or disposition

 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.

 
Date modified: