Canada Shipping Act, 2001

Marginal note:Notice of violation

• 232 (1) A person or vessel served with a notice of violation must pay the amount of the penalty or may, within 30 days after being served and in the prescribed manner, request a review by an adjudicator of the facts of the violation or the amount of the penalty.

• Marginal note:Burden of proof

  (2) In the case of a review of the facts of a violation,

  • (a) the burden is on the Minister to establish, on a balance of probabilities, that the person or vessel named in the notice of violation committed the violation; and

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

• Marginal note:When review not requested

  (3) If a review is not requested of the facts of the violation, the person or vessel is deemed to have committed the violation in respect of which the notice was served.