Marine Transportation Security Regulations (SOR/2004-144)

Marginal note:Right of appeal

• 809. (1) Within 30 days after the day on which a determination is made under subsection 808(2), the affected person may appeal it 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.

Marginal note:Possession of certificate

811. No person other than the person to whom it was issued, or their representative, shall possess a certificate of proficiency as a ship security officer.

Marginal note:Production of certificate

812. Every holder of a certificate of proficiency as a ship security officer shall produce it to the Minister on demand.

Marginal note:Return of certificate

813. If a certificate of proficiency as a ship security officer is suspended or cancelled, the person who held it shall return it on demand to the Minister.

[814 to 899 reserved]