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

Marginal note:Request for review

• 16.1 (1) An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if

  • (a) the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and

  • (b) the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Person not compelled to testify

  (4) In a review of a decision made under subparagraph 16(4)(e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2.

• Marginal note:Determination

  (5) The member may

  • (a) in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or

  • (b) in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.

Marginal note:Period of validity

• 17. (1) Every Canadian maritime document is valid for the period specified by the Minister of Transport. The Minister may, on application made before a document expires and in the form and manner specified by the Minister, extend the period if the Minister is satisfied that it is not feasible to issue a new document before the document expires.

• Marginal note:Possession

  (2) Except as otherwise provided by this Act or the regulations, no person, other than the person to whom it was issued or their representative, shall possess a Canadian maritime document issued under Part 3 (Personnel).

Marginal note:Production of document

18. Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.

Marginal note:Lost documents

19. If a Canadian maritime document is mislaid, lost or destroyed, the Minister of Transport may issue a replacement document on application made by the holder of the document in the form and manner and including the information and accompanied by the documents specified by the Minister.