Marine Transportation Security Regulations (SOR/2004-144)

Marginal note:Refusal to issue

• 802 (1) Despite section 801, the Minister shall refuse to issue a certificate of proficiency to a person if

  • (a) the person has not met the requirements for the issuance of the certificate; or

  • (b) the Minister has reasonable grounds to believe that

    • (i) the person has acted fraudulently or improperly or has misrepresented a material fact, or

    • (ii) the public interest and, in particular, the record of the person warrant it.

• Marginal note:Notice of refusal to issue

  (2) If the Minister refuses to issue a certificate of proficiency to a person, the Minister shall notify the person of the refusal. The notice shall include

  • (a) the grounds for the refusal; and

  • (b) the address at which, and the date, being 30 days after the day on which the notice is given, on or before which, the person may file a request for a review of the refusal.

Approved Training Course

Marginal note:Approval by Minister

• 803 (1) The Minister shall approve a course as an approved training course if the Minister determines that it

  • (a) provides participants with the training necessary to undertake the tasks, duties and responsibilities listed in column 1 of tables A-VI/5, A-VI/6-1 and A-V1/6-2 of the STCW Code and to acquire the knowledge listed in column 2 of those tables; and

  • (b) uses the methods and criteria listed in columns 3 and 4, respectively, of tables A-VI/5, A-VI/6-1 and A-V1/6-2 of the STCW Code to evaluate the participants’ competence to undertake the tasks, duties and responsibilities referred to in paragraph (a).

• Marginal note:Revocation

  (2) The Minister shall revoke the approval of a course as an approved training course if, after the results of an independent evaluation made in accordance with section A-I/8.3 of the STCW Code are brought to the attention of the recognized institution that is providing the course, timely action is not taken to correct any deficiencies.

Recognized Institution

Marginal note:Designation by Minister

• 803.1 (1) The Minister shall designate a training institution as a recognized institution if the Minister is satisfied that the training institution administers, in accordance with the established practices and the requirements of the domestic and international marine industry, approved training courses for the purpose of providing the training necessary to obtain a certificate of proficiency issued under this Part.

• Marginal note:Monitoring

  (2) The approved training courses shall be monitored continuously through a quality management system that conforms to Regulation I/8 of the STCW Convention.

• Marginal note:Revocation

  (3) The Minister shall revoke the designation of a recognized institution if, after informing the recognized institution that the results of an evaluation conducted by the Minister indicate that the requirements of subsection (1) or (2) are not being met, the Minister is satisfied that timely action has not been taken to correct the deficiencies.

Suspension and Cancellation

Marginal note:Suspension or cancellation

• 804 (1) The Minister shall suspend or cancel a person’s certificate of proficiency if the Minister has reasonable grounds to believe that

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

  • (b) the public interest warrants it, particularly in view of the person’s record; or

  • (c) the person’s performance of the duties associated with the capacities identified in the certificate constitutes, or is likely to constitute, an immediate threat to marine transportation security.

• Marginal note:Cancellation

  (2) The Minister shall cancel a person’s certificate of proficiency if the Minister determines that the person is no longer a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Notice of suspension or cancellation

• 805 (1) If the Minister suspends or cancels a person’s certificate of proficiency, the Minister shall notify the person of the suspension or cancellation. The notice shall include

  • (a) the grounds for the suspension or cancellation; and

  • (b) the address at which, and the date, being 30 days after the day on which the notice is given, on or before which, the person may file a request for a review of the suspension or cancellation.

• Marginal note:When effective

  (2) The suspension or cancellation shall not be effective earlier than

  • (a) in the case of a suspension or cancellation on the grounds referred to in paragraph 804(1)(a) or (b), the 30th day after the day on which the person receives the notice; and

  • (b) in the case of a suspension or cancellation on the grounds referred to in paragraph 804(1)(c) or subsection 804(2), when the person receives the notice.

• Marginal note:When notice is considered received

  (3) Notice is considered to be received on the earlier of

  • (a) when the person receives the notice, and

  • (b) when any vessel of which the person is the master or a crew member receives the notice.

Reviews and Appeals

Marginal note:Jurisdiction of Tribunal

806 The Tribunal has jurisdiction in respect of reviews and appeals under sections 807 to 810.

Marginal note:Request for review

• 807 (1) A person who is notified under subsection 802(2) or 805(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the refusal, suspension or cancellation.

• Marginal note:Effect of request

  (2) A request for a review does not operate as a stay of the refusal, suspension or cancellation.

• Marginal note:Exception

  (3) On application in writing by a person whose certificate of proficiency was suspended or cancelled on any of the grounds referred to in paragraph 804(1)(c) or subsection 804(2), a member of the Tribunal assigned for the purpose may, after giving notice to the Minister and after considering any representations made by the parties, grant a stay of the suspension or cancellation until the review is completed if he or she determines that granting a stay would not constitute a threat to marine transportation security.

Marginal note:Time and place for review

• 808 (1) On receipt of a request filed under section 807, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Determination

  (2) The assigned member of the Tribunal shall confirm the refusal, suspension or cancellation or refer the matter back to the Minister for reconsideration.

Marginal note:Right of appeal

• 809 (1) Within 30 days after the day on which a determination is made under subsection 808(2), the certificate holder may appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party who does not appear at a review hearing is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

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

Marginal note:Decision to remain in effect pending reconsideration

810 If a matter is referred back to the Minister for reconsideration under subsection 808(2) or 809(3), a suspension or cancellation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of the suspension or cancellation until the reconsideration is concluded if the member or panel determines that granting a stay would not constitute a threat to marine transportation security.

General

Marginal note:Possession of certificate

811 No person shall possess a certificate of proficiency except the person to whom it was issued or the person’s representative.

Marginal note:Production of certificate

812 The holder of a certificate of proficiency shall produce it on the Minister’s request.

Marginal note:Return of certificate

813 If a certificate of proficiency is suspended or cancelled, the person to whom it was issued shall return it to the Minister on request.

[814 to 899 reserved]