Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2014-06-12 and last amended on 2008-12-15. Previous Versions

Marginal note:Notice of suspension or cancellation
  •  (1) If the Minister suspends or cancels a person’s certificate of proficiency as a ship security officer, 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.

  • SOR/2007-275, s. 6.

Reviews and Appeals

Marginal note:Jurisdiction of Tribunal

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

  • SOR/2007-275, s. 6.
Marginal note:Request for review
  •  (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 as a ship security officer was suspended or cancelled on 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.

  • SOR/2007-275, s. 6.
Marginal note:Time and place for review
  •  (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.

  • SOR/2007-275, s. 6.