Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2014-09-01 and last amended on 2014-06-19. Previous Versions

New Applications

 If the Minister refuses to grant or cancels a transportation security clearance, an applicant may submit a new application only if

  • (a) a period of five years has elapsed after the day of the refusal or cancellation; or

  • (b) a change has occurred in the circumstances that led to the refusal or cancellation.

  • SOR/2006-269, s. 22;
  • SOR/2014-162, s. 100.

Reconsideration

  •  (1) An applicant or a holder may request that the Minister reconsider a decision to refuse to grant or to cancel a transportation security clearance within 30 days after the day of the service or sending of the notice advising them of the decision.

  • (2) The request shall be in writing and shall set out the following:

    • (a) the decision that is the subject of the request;

    • (b) the grounds for the request, including any new information that the applicant or holder wishes the Minister to consider; and

    • (c) the name, address, and telephone and facsimile numbers of the applicant or holder.

  • (3) On receipt of a request made in accordance with this section, the Minister, in order to determine the matter in a fair, informal and expeditious manner, shall give the applicant or holder

    • (a) where the situation warrants, the opportunity to make representations orally or in any other manner; and

    • (b) in any other case, a reasonable opportunity to make written representations.

  • (4) After representations have been made or a reasonable opportunity to do so has been provided, the Minister shall reconsider the decision in accordance with section 509 and shall subsequently confirm or change the decision.

  • (5) The Minister may engage the services of persons with appropriate expertise in security matters to advise the Minister.

  • (6) The Minister shall advise the applicant or holder in writing of the decision made following the reconsideration.

  • SOR/2006-269, s. 22;
  • SOR/2014-162, s. 100.

Notices

 The Minister shall send to the person at their last known address, by personal service or registered mail, any notices to be given under this Part.

  • SOR/2006-269, s. 22.

False Applications

 No person shall knowingly file with the Minister a fraudulent application or an application containing false or misleading information in order to obtain a transportation security clearance.

  • SOR/2006-269, s. 22;
  • SOR/2014-162, s. 100.

[520 to 599 reserved]

PART 6CONTRAVENTION OF PROVISIONS DESIGNATED AS VIOLATIONS

[600 reserved]

Violations

  •  (1) The contravention of a provision of the Act set out in column 1 of an item of Schedule 2 is designated a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50 of the Act.

  • (2) For each violation designated under subsection (1)

    • (a) the penalty or range of penalties for

      • (i) an individual is set out in column 2, and

      • (ii) a corporation is set out in column 3; and

    • (b) if an “X” appears in column 4, the violation constitutes a separate violation for each day on which it is continued.

  • SOR/2006-270, s. 9.