Canada Marine Act (S.C. 1998, c. 10)

Act current to 2015-08-04 and last amended on 2015-02-26. Previous Versions

Marginal note:Notice of violation
  •  (1) If an enforcement officer believes on reasonable grounds that a person or ship has committed a violation, the officer may issue, and shall cause to be served on the person or ship, a notice of violation.

  • Marginal note:Content of notice

    (2) The Minister may establish the form and content of notices of violation, but each notice of violation shall

    • (a) name the person or ship believed to have committed the violation;

    • (b) identify the violation;

    • (c) set out the administrative monetary penalty that the person or ship is liable to pay;

    • (d) set out the particulars concerning the time for and manner of paying the penalty and the time for and manner of requesting a review; and

    • (e) inform the person or ship that, if they do not pay the penalty or request a review in accordance with the particulars set out in the notice, they will be deemed to have committed the violation and the penalty set out in the notice will be imposed.

  • 2008, c. 21, s. 57.
Marginal note:Option

 A person or ship that has been served with a notice of violation shall either pay the penalty set out in the notice or file with the Appeal Tribunal a written request for a review of the facts of the alleged violation or of the amount of the penalty.

  • 2008, c. 21, s. 57.
Marginal note:Payment of penalty

 If the person or ship pays the penalty in accordance with the particulars set out in the notice of violation, the person or ship is deemed to have committed the violation and proceedings in respect of the violation are ended.

  • 2008, c. 21, s. 57.
Marginal note:Request for review
  •  (1) A request for a review shall be filed with the Appeal Tribunal at the address set out in the notice of violation on or before the date specified in the notice or within any further time that the Appeal Tribunal, on application, may allow.

  • Marginal note:Time and place for review

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

  • Marginal note:Review procedure

    (3) The member of the Appeal Tribunal who is assigned to conduct the review shall provide the Minister and the person or ship that filed the request 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 of establishing that a person or ship has committed the violation identified in the notice is on the Minister.

  • Marginal note:Person or ship not compelled to testify

    (5) A person or ship that is alleged to have committed a violation is not required, and may not be compelled, to give any evidence or testimony in the matter.

  • 2008, c. 21, s. 57.