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Marine Transportation Security Act (S.C. 1994, c. 40)

Act current to 2022-06-20 and last amended on 2008-06-18. Previous Versions

Administrative Penalties (continued)

Assurances of Compliance and Notices of Violation (continued)

Marginal note:Notice of violation

  •  (1) A person served with a notice of violation under paragraph 33(1)(b) must

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

    • (b) within thirty days after being served or any further time that the Tribunal on application allows, file with the 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 of the facts of the violation is not requested, the person is deemed to have committed the violation in respect of which the notice was served.

  • Marginal note:Time and place for review

    (3) On receipt of a request filed under paragraph (1)(b), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

  • Marginal note:Review procedure

    (4) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity 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 committed the violation referred to in the notice. The person is not required, and shall not be compelled, to give any evidence or testimony in the matter.

  • Marginal note:Determination

    (6) The member may confirm the Minister’s decision or, subject to any regulations made under paragraph 51(c), substitute his or her own determination.

  • 2001, c. 29, s. 59

Marginal note:Right of appeal

  •  (1) The Minister or the person who requested the review of the decision may appeal a determination made under subsection 37(6) or 39(6) to the Tribunal within thirty days after the determination.

  • Marginal note:Loss of right of appeal

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

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Tribunal assigned to hear the appeal may

    • (a) in the case of a determination made under subsection 37(6), dismiss the appeal or allow the appeal and substitute its own decision; or

    • (b) in the case of a determination made under subsection 39(6), dismiss the appeal, or allow the appeal and, subject to regulations made under paragraph 51(c), substitute its own decision.

  • 2001, c. 29, s. 59

Choice of Proceedings

Marginal note:How contravention may be proceeded with

 If a contravention can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that contravention as a violation or recommend that it be proceeded with as an offence, but it may be proceeded with only as one or the other.

  • 2001, c. 29, s. 59

Recovery of Debts

Marginal note:Debts due to Her Majesty

 The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:

  • (a) unless a review of the amount of a penalty is requested under subsection 39(1), the amount of the penalty, from the time the notice of violation that sets out the penalty is served;

  • (b) the amount of a penalty set out in a notice of default referred to in subsection 36(1), from the time the notice under that subsection is served;

  • (c) the amount of a penalty determined by a member under section 39, or decided by an appeal panel under section 40, from the time of the respective determination or decision; and

  • (d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).

  • 2001, c. 29, s. 59

Marginal note:Certificate

  •  (1) All or part of a debt referred to in section 42 in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be.

  • Marginal note:Registration of certificate

    (2) On production to the Federal Court, a certificate shall be registered. When it is registered, a certificate 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 reasonable costs and charges attendant on its registration.

  • 2001, c. 29, s. 59

Rules of Law about Violations

Marginal note:Violations are not offences

 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

  • 2001, c. 29, s. 59

Marginal note:Defence

 For greater certainty, no person is liable for the commission of a violation if the person exercised all due diligence to prevent the commission.

  • 2001, c. 29, s. 59

Marginal note:Violation by employee or agent

  •  (1) A person is liable for a violation committed by their employee or agent, whether or not the employee or agent has been identified or proceeded against under sections 33 to 43.

  • Marginal note:Liability of operator of a vessel

    (2) The operator of a vessel is liable for a violation committed in relation to the vessel by another person, whether or not the other person has been identified or proceeded against under sections 33 to 43 unless, at the time of the violation, the vessel was in the possession of another person without the operator’s consent.

  • Marginal note:Liability of operator of marine facility

    (3) The operator of a marine facility is liable for a violation committed with their consent by another person in relation to the facility, whether or not the other person has been identified or proceeded against under sections 33 to 43.

  • Marginal note:Officers, etc., of corporation

    (4) An officer, director or agent of a corporation that commits a violation under this Act is a party to and liable for the violation if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation has been identified or proceeded against under sections 33 to 43.

  • 2001, c. 29, s. 59

General Provisions

Marginal note:Notations removed

  •  (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the last day on which any of the following events occurs, the Minister is to remove every notation of violation or default, and every suspension or cancellation of the designation of or refusal to designate or to renew the designation of a person as a screening officer on prescribed grounds, from any records that the Minister may keep respecting the person:

    • (a) payment by the person of every penalty that the person is liable to pay after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal; or

    • (b) the suspension or cancellation of the designation of, or the refusal to designate or to renew the designation of, the person as a screening officer under section 19.2.

  • Marginal note:Duty to notify

    (2) When the Minister is of the opinion that removal of a notation is not in the public interest, the Minister shall give notice of that fact to the person.

  • Marginal note:Contents of notice

    (3) A notice under subsection (2) shall provide all relevant information concerning the grounds on which the Minister has refused to remove the notation and shall include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed.

  • Marginal note:Review

    (4) Subsections 37(1) to (3) apply in respect of a refusal to remove a notation, with any modifications that the circumstances require.

  • Marginal note:Determination

    (5) The member of the Tribunal assigned to conduct the review may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

  • Marginal note:Right of appeal

    (6) The person may, within thirty days after a determination is made under subsection (5), appeal the determination to the Tribunal.

  • Marginal note:Loss of right of appeal

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

  • Marginal note:Disposition of appeal

    (8) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

  • 2001, c. 29, s. 59

Marginal note:Public record

 The Minister shall keep a public record of notations of violations or default that appear on any record that the Minister may keep respecting persons under this Act.

  • 2001, c. 29, s. 59

Marginal note:Limitation period

 No notice of violation may be issued more than two years after the Minister becomes aware of the violation.

  • 2001, c. 29, s. 59

Marginal note:Certificate of Minister

 A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day.

  • 2001, c. 29, s. 59

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) designating, as a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50, the contravention of a provision that is an offence under this Act;

  • (b) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued;

  • (c) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $25,000 but in any event not greater than the maximum fine that would be payable if the violation were proceeded with by way of summary conviction; and

  • (d) prescribing anything that by subsections 33 to 50 is to be prescribed.

  • 2001, c. 29, s. 59
 
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