Canada Shipping Act, 2001

Marginal note:When assurance of compliance complied with

• 231 (1) If the Minister is satisfied that an assurance of compliance has been complied with, the Minister must cause a notice to that effect to be served on the person or vessel and, on the service of the notice,

  • (a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and

  • (b) any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel.

• Marginal note:When assurance of compliance not complied with

  (2) If the Minister is of the opinion that a person who, or vessel that, has entered into an assurance of compliance has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless an adjudicator determines under subsection (3) that the assurance has been complied with,

  • (a) the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or

  • (b) the security deposited under subparagraph 229(1)(a)(ii) is forfeited to Her Majesty in right of Canada.

• Marginal note:Review of notice of default

  (3) A person or vessel served with a notice of default may, within 30 days after being served and in the prescribed manner, request a review by an adjudicator of the facts of the non-compliance with the assurance of compliance.

• Marginal note:Burden of proof

  (4) In the case of a review of the facts of a non-compliance,

  • (a) the burden is on the Minister to establish, on a balance of probabilities, that the person or vessel named in the notice did not comply with the assurance of compliance; and

  • (b) the person is not required and may not be compelled to give any evidence or testimony in the matter.

• Marginal note:Certain defences not available

  (5) A person or vessel named in a notice of default does not have a defence by reason that the person or vessel exercised due diligence to comply with the assurance of compliance.

• Marginal note:No set off

  (6) On the service of a notice of default, the person or vessel served has no right of set-off against any amount spent by the person or vessel under the assurance of compliance.

• Marginal note:Return of security

  (7) Any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel if

  • (a) a notice of default is served under paragraph (2)(a) and the person or vessel pays double the amount of the penalty; or

  • (b) an adjudicator determines under subsection (3) that the assurance has been complied with.