Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Certificate of designation

• 169. (1) The Minister may, in respect of any geographic area and in respect of a prescribed quantity of oil, issue a certificate of designation as a response organization to a qualified person who makes an application.

• Marginal note:Application

  (2) An application for a certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

• Marginal note:Further evidence

  (3) In addition to the specified information and documents, the Minister may require that an applicant

  • (a) provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met; and

  • (b) undergo any examinations and have its installations undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met.

• Marginal note:Period of validity

  (4) Every certificate is valid for the period specified by the Minister.

• Marginal note:Refusal to issue or renew

  (5) The Minister may refuse to issue or renew a certificate if the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

• Marginal note:Suspension and cancellation

  (6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.

Marginal note:Statement of fees

• 170. (1) A response organization, or a qualified person who makes an application under subsection 169(1), must notify the Minister, in the form and manner and including the information and accompanied by the documents specified by the Minister, of the fees that they propose to charge in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a).

• Marginal note:Notice

  (2) A response organization, or a qualified person who makes an application under subsection 169(1), must give notice of the proposed fees in the prescribed manner.

• Marginal note:Charging fees

  (3) A response organization may not charge the fees before the expiry of 30 days after the notice is given.

• Marginal note:Fee review

  (4) On the application of any interested person in the prescribed manner within 30 days after the notice is given, the Minister is to review the reasonableness of the proposed fees.

• Marginal note:Assistance

  (5) The Minister may appoint a person to assist in the review. The person has all the powers of a commissioner under Part I of the Inquiries Act.

• Marginal note:Order to amend or eliminate fee

  (6) The Minister may, by order, amend or eliminate a fee reviewed under subsection (4). The order comes into effect on the first day that the fee is charged.

• Marginal note:Notice of order

  (7) The response organization affected by the order must give notice of it in the prescribed manner.