Wrecked, Abandoned or Hazardous Vessels Act (S.C. 2019, c. 1)

Marginal note:Return of security

96 Any security deposited under subparagraph 91(1)(a)(ii) must be returned to the person or vessel if

• (a) a notice is served under subsection 94(1) and the person or vessel pays double the amount of the penalty set out in the assurance of compliance; or

• (b) a member determines under subsection 95(6), or an appeal panel decides under subsection 98(3), that the assurance has been complied with.

Marginal note:Notice of violation — options

• 97 (1) A person or vessel served with a notice of violation under paragraph 91(1)(b) must

  • (a) pay the amount of the penalty; or

  • (b) within 30 days after the day on which the notice was served or any further time that the Transportation Appeal Tribunal on application allows, file with the Transportation Appeal Tribunal a written request for a review of the facts of the violation or the amount of the penalty.

• Marginal note:When review not requested

  (2) If a review is not requested within the period referred to in paragraph (1)(b), or the amount of the penalty is paid, the person or vessel is considered to have committed the violation in respect of which the notice was served and proceedings in respect of the violation are ended.

• Marginal note:Time and place for review

  (3) On receipt of a request filed under paragraph (1)(b), the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.

• Marginal note:Review procedure

  (4) The member of the Transportation Appeal Tribunal assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Burden of proof

  (5) The burden is on the Minister to establish that the person or vessel committed the violation referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination by member

  (6) At the conclusion of the review, the member who conducts the review must, without delay and in writing, inform the Minister and the person or vessel that is alleged to have committed a violation

  • (a) that the person or vessel has not committed a violation, in which case, subject to section 98, no further proceedings under this Act are to be taken against the person or vessel in respect of the alleged violation; or

  • (b) that the person or vessel has committed a violation and, subject to subsections 90(4) and (5) and regulations made under paragraph 109(b), of the amount determined by the member to be payable to the Transportation Appeal Tribunal by or on behalf of the person or vessel and the period within which it must be paid.

Marginal note:Right of appeal

• 98 (1) The Minister or the person or vessel that requested the review may, within 30 days after the day on which a determination is made under subsection 95(6) or 97(6), appeal the determination to the Transportation Appeal Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at the review hearing is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) At the conclusion of the review, the appeal panel of the Transportation Appeal Tribunal that is assigned to hear the appeal may

  • (a) in the case of a determination made under subsection 95(6), dismiss the appeal or allow the appeal and substitute its own decision; or

  • (b) in the case of a determination made under subsection 97(6), dismiss the appeal, or allow the appeal and, subject to subsections 90(4) and (5) and regulations made under paragraph 109(b), substitute its own decision.

  The appeal panel must inform the parties of its decision without delay and must specify the period within which any amount determined by the appeal panel to be payable to the Transportation Appeal Tribunal must be paid.

Recovery of Debts

Marginal note:Debts due to Her Majesty

• 99 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction:

  • (a) the amount of a penalty set out in a notice of violation referred to in paragraph 91(1)(b), from the expiry of the period specified in the notice for the payment of that amount, unless a review is requested under subsection 97(1);

  • (b) the amount of a penalty set out in a notice of default referred to in subsection 94(1), from the time the notice is served, unless a review is requested under subsection 95(1);

  • (c) the amount of a penalty determined by a member under section 97, or decided by an appeal panel under section 98, from the expiry of the period specified in the decision for the payment of that amount; and

  • (d) the amount of any costs and expenses referred to in subsection (3).

• Marginal note:Limitation or prescription period

  (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than five years after the day on which the debt becomes payable.

• Marginal note:Liability

  (3) A person or vessel that is liable to pay an amount referred to in paragraph (1)(a), (b) or (c) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount.

Marginal note:Certificate of default

• 100 (1) All or part of a debt referred to in subsection 99(1) in respect of which there is a default of payment may be certified by the Minister or the Transportation Appeal Tribunal, as the case may be.

• Marginal note:Effect of registration

  (2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all costs and expenses attendant on its registration.

General

Marginal note:Proof of violation by vessel

101 It is sufficient proof that a vessel has committed a violation to establish that the act or omission that constitutes the violation was committed by a person in charge of the vessel, whether or not the person has been identified.

Marginal note:Party to violation committed by vessel

• 102 (1) If a vessel commits a violation under this Act and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the violation, that person is a party to and liable for the violation, whether or not the vessel has been proceeded against under sections 91 to 100.

• Marginal note:Party to violation committed by corporation

  (2) If a corporation commits a violation under this Act, any director, officer or agent or mandatary of the corporation that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 91 to 100.

Marginal note:Violation by employee or agent or mandatary

103 A person is liable for a violation that is committed by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

Marginal note:Direction to vessel

104 For the purposes of a proceeding against a vessel for a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the vessel if

• (a) the direction is given to the authorized representative or a person in charge of the vessel; or

• (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Marginal note:Limitation or prescription period

105 No notice of violation may be issued more than two years after the day on which an enforcement officer becomes aware of the violation.

Marginal note:Certificate

106 A document that purports to have been issued by the enforcement officer and that certifies the day on which they became aware of the violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the violation on that day.

Public Record

Marginal note:Disclosure of notices of violation and default

107 The Minister must keep a public record of notices of violation or default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or vessel that committed it and the amount of the penalty.

Marginal note:Notations removed

• 108 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which the person or vessel has paid every penalty that the person or vessel is liable to pay under this Act, the Minister must remove a notice of violation or default from the public record of notices of violation or default.

• Marginal note:Duty to notify

  (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she must give notice of that fact to the person or vessel in writing, and provide the grounds for that opinion.

• Marginal note:Contents of notice

  (3) The notice must include the address at which, and the date, being 30 days after the day on which the notice is served, on or before which, a request for a review may be filed and the particulars concerning the procedure for requesting a review.

• Marginal note:Request for review

  (4) The person or vessel may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal on application may allow, file a written request for a review of the Minister’s decision made under subsection (2) with the Tribunal.

• Marginal note:Time and place for review

  (5) On receipt of the request, the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.

• Marginal note:Review procedure

  (6) The member of the Transportation Appeal Tribunal who is assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination by member

  (7) The member who conducts the review may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

• Marginal note:Right of appeal

  (8) The person or vessel that requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Transportation Appeal Tribunal.

• Marginal note:Loss of right of appeal

  (9) If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (10) The appeal panel of the Transportation Appeal Tribunal that is assigned to hear the appeal may dismiss it or refer the matter back to the Minister for reconsideration.

Regulations

Marginal note:Governor in Council

109 For the purposes of sections 90 to 108, the Governor in Council may, on the recommendation of the Minister, make regulations

• (a) designating as a violation — in addition to a violation that is already set out in subsection 90(1) or (2) — the contravention of

  • (i) any specified provision of this Act or of the regulations, or

  • (ii) any direction given under any specified provision of this Act or of the regulations;

• (b) establishing a penalty or a range of penalties in respect of a violation up to the maximum amount set out in subsection 90(4) or (5), as the case may be;

• (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account;

• (d) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and

• (e) respecting persons who can request a review on behalf of a vessel in relation to an alleged violation by the vessel.