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

Act current to 2017-11-20 and last amended on 2017-06-22. Previous Versions

 [Repealed, 2001, c. 29, s. 72]

Canadian Maritime Documents

Marginal note:Application
  •  (1) An application for a Canadian maritime document must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister of Transport.

  • Marginal note:Further evidence

    (2) In addition to the specified information or documents, the Minister of Transport may

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

    • (b) if the Canadian maritime document is in respect of a person,

      • (i) set an examination that the person must undergo, and

      • (ii) administer the examination; and

    • (c) if the document is in respect of a vessel, require that the vessel or its machinery or equipment undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the document have been met.

  • Marginal note:Cheating

    (3) No person shall cheat on an examination referred to in paragraph (2)(b).

  • Marginal note:Refusal to issue

    (4) The Minister of Transport may refuse to issue a Canadian maritime document if

    • (a) the applicant has not met the requirements for the issuance of the document;

    • (b) the applicant has acted fraudulently or improperly or has misrepresented a material fact;

    • (c) 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;

    • (d) the applicant has not paid a fee for services related to the document or has not paid a fine or penalty imposed on them under this Act; or

    • (e) in the case of a Canadian maritime document applied for under Part 3 (Personnel) by a master or crew member,

      • (i) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or

      • (ii) the master or crew member has been found guilty of an offence related to their duties on a vessel or has committed a violation in respect of which a notice of violation was issued under paragraph 229(1)(b).

  • Marginal note:Notice after refusal to issue

    (5) The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice

    • (a) confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and

    • (b) indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

  • (6) [Repealed, 2001, c. 29, s. 72]

  • 2001, c. 26, s. 16, c. 29, s. 72;
  • 2012, c. 31, s. 156.
Marginal note:Request for review
  •  (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.

  • 2001, c. 29, s. 72.
Marginal note:Period of validity
  •  (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

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

Marginal note:Lost documents

 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.

Marginal note:Suspension, cancellation and refusal to renew
  •  (1) Subject to section 20.1, the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that

    • (a) the requirements for the issuance of the document are no longer met;

    • (b) a term or condition attached to the document has been contravened;

    • (c) the document was obtained by any fraudulent or improper means or a misrepresentation of any material fact;

    • (d) the holder of the document has not paid a fine or penalty imposed on them under this Act;

    • (e) the holder of the document has contravened a provision of this Act or the regulations that the Minister is responsible for administering;

    • (f) in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member,

      • (i) the master or crew member is incompetent or has committed an act of misconduct,

      • (ii) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or

      • (iii) the master or crew member has been found guilty of an offence related to their duties on a vessel; or

    • (g)  in the case of a refusal to renew,

      • (i) the applicant has not paid a fee for services related to the document, or

      • (ii) 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:Return of document

    (2) If a Canadian maritime document is suspended or cancelled, the person who held it shall return it on demand to the Minister of Transport.

  • 2001, c. 26, s. 20, c. 29, s. 72;
  • 2012, c. 31, s. 157.
 
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