Canada Shipping Act, 2001

Marginal note:Suspension, cancellation and refusal to renew

• 20 (1) Subject to subsection (2), the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that

  • (a) the requirements for the issuance of the document are no longer met;

  • (b) a term or condition attached to the document has been contravened;

  • (c) the document was obtained by any fraudulent or improper means or misrepresentation of any material fact;

  • (d) the holder of the document has not paid a fine or penalty imposed on them under this Act;

  • (e) the holder of the document has contravened a provision of this Act or the regulations that the Minister of Transport is responsible for administering;

  • (f) in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member,

    • (i) the master or crew member is incompetent or has committed an act of misconduct,

    • (ii) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or

    • (iii) the master or crew member has been found guilty of an offence related to their duties on a vessel; or

  • (g) in the case of a refusal to renew,

    • (i) the applicant has not paid a fee set under paragraph 35(1)(g) in respect of the issuance of the document, or

    • (ii) the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

• Marginal note:Notice before suspension or cancellation

  (2) The Minister of Transport must, before suspending or cancelling a Canadian maritime document issued under Part 3 (Personnel), give the holder 30 days notice of the proposed suspension or cancellation and provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel it.

• Marginal note:Exception

  (3) The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with subsection (2) if, on ex parte application by the Minister, an adjudicator determines that complying with that subsection is not in the interest of public safety.

• Marginal note:Notice after suspension or cancellation

  (4) Except in the case of the suspension or cancellation of a Canadian maritime document under subsection (2), the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice confirming the suspension, cancellation or refusal and providing all relevant information concerning the grounds on which the Minister has suspended, cancelled or refused to renew it.

• Marginal note:Review

  (5) The holder may, within 30 days after the day on which the notice is given, request that an adjudicator review the suspension, cancellation or refusal, unless it was on the ground set out in paragraph (1)(d) or subparagraph (1)(g)(i).

• Marginal note:Review

  (6) If the holder, within 30 days after the day on which the notice is given, requests that an adjudicator conduct a review of the proposed suspension or cancellation, the proposed suspension or cancellation is stayed until the review is concluded.

• Marginal note:Return of document

  (7) If a Canadian maritime document is suspended or cancelled, the person who held it shall return it on demand to the Minister of Transport.