Canada Shipping Act, 2001
Marginal note:If reasonable grounds to believe a violation
229 (1) If the Minister has reasonable grounds to believe that a person or vessel has committed a violation, the Minister may
(a) enter into an assurance of compliance with the person or vessel that
(i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,
(ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and
(iii) sets out the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel would have been liable to pay if the assurance had not been entered into; or
(b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out
(i) the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel is liable to pay,
(ii) the period, being thirty days after the notice is served, within which the penalty must be paid or a review of the notice requested, and
(iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review requested.
Marginal note:Extension of period
(2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person with whom or vessel with which the assurance of compliance was entered into is unable to comply with it because of reasons beyond the person’s or vessel’s control.
Marginal note:Short-form descriptions in notices of violation
(3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.
- 2001, c. 26, s. 229, c. 29, s. 72
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