Marine Transportation Security Act (S.C. 1994, c. 40)

Act current to 2014-04-02 and last amended on 2008-06-18. Previous Versions

Assurances of Compliance and Notices of Violation

Marginal note:If reasonable grounds to believe a violation
  •  (1) If the Minister has reasonable grounds to believe that a person has committed a violation, the Minister may

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

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

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

      • (iii) sets out the penalty, fixed by or within the range fixed by the regulations, that the person 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, a notice of violation that names the person, identifies the violation and sets out

      • (i) the penalty, fixed by or within the range fixed by the regulations, that the person is liable to pay for the violation,

      • (ii) the period, being thirty days after notice is served, within which the penalty must be paid or a review must be requested, and

      • (iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review 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 is unable to comply with the assurance of compliance for reasons beyond the person's control.

  • Marginal note:Short-form descriptions in notices of violation

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

  • 2001, c. 29, s. 59.
Marginal note:Deemed violation
  •  (1) A person who enters into an assurance of compliance under paragraph 33(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 who enters into an assurance of compliance may, within forty-eight hours after the assurance is signed, unless a notice of default is served within that period under subsection 36(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 subsection 39(1) of the facts of the violation and of the amount of the penalty is deemed to have been requested.

  • 2001, c. 29, s. 59.
Marginal note:When assurance of compliance complied with

 If the Minister is satisfied that an assurance of compliance under paragraph 33(1)(a) has been complied with, the Minister shall cause a notice to that effect to be served on the person and, on the service of the notice,

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

  • (b) any security deposited under subparagraph 33(1)(a)(ii) must be returned to the person.

  • 2001, c. 29, s. 59.