Pilotage Act (R.S.C., 1985, c. P-14)

Marginal note:Duty to assist

46.24 The owner of a place that is entered by an authorized person under subsection 46.12(1), the person in charge of the place and every person in it shall give all assistance to the authorized person that is reasonably required to enable the authorized person to exercise their powers or perform their duties or functions under this Act and shall provide the authorized person with any document or information, or access to any data, that they may reasonably require.

Obstruction

Marginal note:Obstruction

46.25 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, an authorized person who is exercising powers or performing duties or functions under this Act.

Administrative Monetary Penalties

Marginal note:Violation — person

• 46.26 (1) Every person that contravenes a provision or direction that is designated as a violation in the regulations commits a violation and is liable to a penalty.

• Marginal note:Violation — ship

  (2) Every ship that contravenes any of the following commits a violation and is liable to a penalty:

  • (a) a direction given under paragraph 46.12(3)(b) or subsection 46.12(4); or

  • (b) a provision the contravention of which is designated as a violation by the regulations.

• Marginal note:Continuing violation

  (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

• Marginal note:Penalty

  (4) The maximum amount payable as the penalty for a violation set out in subsection (1) or (2) is $250,000 and the total maximum amount payable for a related series or class of violations is the amount set out in the regulations.

• Marginal note:Purpose of penalty

  (5) The purpose of the penalty is to promote compliance with this Act and not to punish.

• Marginal note:Clarification

  (6) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

• Marginal note:Nature of violation

  (7) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

• Marginal note:Due diligence defence — person

  (8) A person is not to be found to be liable for a violation under this Act if they establish that they exercised due diligence to prevent its commission.

• Marginal note:Due diligence defence — ship

  (9) A ship is not to be found to be liable for a violation under this Act if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission.

Marginal note:Assurance of compliance or notice of violation

• 46.27 (1) If the Minister has reasonable grounds to believe that a person or ship has committed a violation, the Minister may

  • (a) enter into an assurance of compliance with the person or ship that

    • (i) identifies the violation and provides that the person or ship will comply with the provision to which the violation relates within the period, and be subject to the conditions, specified in the assurance,

    • (ii) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister, and

    • (iii) sets out the amount of the penalty that the person or ship would have been liable to pay for the violation if the assurance had not been entered into; or

  • (b) issue, and cause to be served on the person or ship, a notice of violation that names the person or ship, identifies the violation and sets out

    • (i) the amount of the penalty that the person or ship is liable to pay for the violation,

    • (ii) the period, being 30 days after the day on which the notice is served, within which the penalty is to be paid or a review is to be requested, and

    • (iii) particulars of the manner in which, and the place at which, the penalty is to be paid or a review is to be requested.

• Marginal note:Extension of period

  (2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person or ship is unable to comply with the assurance of compliance for reasons beyond the person’s or ship’s control.

• Marginal note:Short-form description

  (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.

Marginal note:Deemed violation

• 46.28 (1) A person or ship that enters into an assurance of compliance under paragraph 46.27(1)(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.

• Marginal note:Request for review

  (2) A person or ship that enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 46.3(1), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 46.33(1)(b) of the facts of the violation and of the amount of the penalty is deemed to have been requested.

Marginal note:When assurance of compliance complied with

46.29 If the Minister is of the opinion that a person or ship that has entered into an assurance of compliance under paragraph 46.27(1)(a) has complied with it, he or she shall cause a notice to that effect to be served on the person or ship and, on the service of the notice,

• (a) no further proceedings may be taken against the person or ship with respect to the violation in respect of which the assurance was entered into; and

• (b) any security deposited under subparagraph 46.27(1)(a)(ii) is to be returned to the person or ship.

Marginal note:When assurance of compliance not complied with

• 46.3 (1) If the Minister is of the opinion that a person or ship that has entered into an assurance of compliance under paragraph 46.27(1)(a) has not complied with it, the Minister may cause a notice of default to be served on the person or ship to the effect that, unless a member determines under section 46.31, or an appeal panel decides under section 46.34, that the assurance has been complied with,

  • (a) the person or ship is liable to pay double the amount of the penalty set out in the assurance; or

  • (b) the security deposited under subparagraph 46.27(1)(a)(ii) is forfeited to Her Majesty in right of Canada.

• Marginal note:Contents of notice

  (2) The notice of default is to include the place 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:No set-off or compensation

  (3) On the service of a notice of default, the person or ship served has no right of set-off or compensation against any amount spent by the person or ship under the assurance of compliance.

Marginal note:Request for review

• 46.31 (1) A person or ship served with a notice under subsection 46.3(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the Minister’s decision made under that subsection.

• Marginal note:Date, time and place for review

  (2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing.

• Marginal note:Review procedure

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

• Marginal note:Burden of proof

  (4) The burden is on the Minister to establish that the person or ship did not comply with the assurance of compliance referred to in the notice. The person is not required, and is not to be compelled, to give any evidence or testimony in the matter.

• Marginal note:Defence not available

  (5) Despite subsections 46.26(8) and (9), a person or ship does not have a defence by reason that the person or ship exercised due diligence to comply with the assurance of compliance.

• Marginal note:Determination by member

  (6) At the conclusion of the review, the member who conducts the review may confirm the Minister’s decision or determine that the person or ship has complied with the assurance of compliance and shall without delay inform the parties of his or her decision.

Marginal note:Return of security

46.32 Any security deposited under subparagraph 46.27(1)(a)(ii) is to be returned to the person or ship if

• (a) a notice is served under subsection 46.3(1) and the person or ship pays double the amount of the penalty set out in the assurance of compliance; or

• (b) a member determines under subsection 46.31(6), or an appeal panel decides under subsection 46.34(3), that the assurance has been complied with.

Marginal note:Notice of violation — option

• 46.33 (1) A person or ship served with a notice of violation under paragraph 46.27(1)(b) may

  • (a) pay the amount of the penalty; or

  • (b) within 30 days after the day on which the notice is served or any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty.

• Marginal note:When review not requested

  (2) If a review is not requested within the period referred to in paragraph (1)(b) or the amount of the penalty is paid, the person or ship is considered to have committed the violation in respect of which the notice is served and proceedings in respect of the violation are ended.

• Marginal note:Date, time and place for review

  (3) On receipt of a request filed under paragraph (1)(b), the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing.

• Marginal note:Review procedure

  (4) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person or ship with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Burden of proof

  (5) The burden is on the Minister to establish that the person or ship committed the violation referred to in the notice. The person is not required, and is not to be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination by member

  (6) At the conclusion of the review, the member who conducts the review shall, without delay and in writing, inform the Minister and the person or ship

  • (a) that the person or ship has not committed a violation, in which case, subject to section 46.34, no further proceedings under this Act are to be taken against the person or ship in respect of the alleged violation; and

  • (b) that the person or ship has committed a violation, in which case, subject to subsections 46.26(4) and (5) and the regulations, the member shall inform the Minister and the person or ship of the amount determined by the member to be payable to the Tribunal by or on behalf of the person or ship and the period within which it is to be paid.