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

Marginal note:Notations removed

• 47. (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the last day on which any of the following events occurs, the Minister is to remove every notation of violation or default, and every suspension or cancellation of the designation of or refusal to designate or to renew the designation of a person as a screening officer on prescribed grounds, from any records that the Minister may keep respecting the person:

  • (a) payment by the person of every penalty that the person is liable to pay after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal; or

  • (b) the suspension or cancellation of the designation of, or the refusal to designate or to renew the designation of, the person as a screening officer under section 19.2.

• Marginal note:Duty to notify

  (2) When the Minister is of the opinion that removal of a notation is not in the public interest, the Minister shall give notice of that fact to the person.

• Marginal note:Contents of notice

  (3) A notice under subsection (2) shall provide all relevant information concerning the grounds on which the Minister has refused to remove the notation and shall include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed.

• Marginal note:Review

  (4) Subsections 37(1) to (3) apply in respect of a refusal to remove a notation, with any modifications that the circumstances require.

• Marginal note:Determination

  (5) The member of the Tribunal assigned to conduct the review may confirm the Minister's decision or refer the matter back to the Minister for reconsideration.

• Marginal note:Right of appeal

  (6) The person may, within thirty days after a determination is made under subsection (5), appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (7) If the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (8) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

Marginal note:Public record

48. The Minister shall keep a public record of notations of violations or default that appear on any record that the Minister may keep respecting persons under this Act.

Marginal note:Limitation period

49. No notice of violation may be issued more than two years after the Minister becomes aware of the violation.