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.
(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
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.
- SOR/2007-275, s. 6;
- SOR/2014-162, s. 58.
Reviews and Appeals
Marginal note:Jurisdiction of Tribunal
806. The Tribunal has jurisdiction in respect of reviews and appeals under sections 807 to 810.
- SOR/2007-275, s. 6.
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