Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2014-11-11 and last amended on 2014-06-19. Previous Versions

Suspension and Cancellation

Marginal note:Suspension or cancellation
  •  (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.

  • SOR/2007-275, s. 6;
  • SOR/2014-162, s. 57.
Marginal note:Notice of suspension or cancellation
  •  (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.

  • SOR/2007-275, s. 6;
  • SOR/2014-162, s. 58.

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.