Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Request for review

• 16.1 (1) An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if

  • (a) the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and

  • (b) the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Person not compelled to testify

  (4) In a review of a decision made under subparagraph 16(4)(e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2.

• Marginal note:Determination

  (5) The member may

  • (a) in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or

  • (b) in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.

Marginal note:Period of validity

• 17 (1) Every Canadian maritime document is valid for the period specified by the Minister of Transport. The Minister may, on application made before a document expires and in the form and manner specified by the Minister, extend the period if the Minister is satisfied that it is not feasible to issue a new document before the document expires.

• Marginal note:Possession

  (2) Except as otherwise provided by this Act or the regulations, no person, other than the person to whom it was issued or their representative, shall possess a Canadian maritime document issued under Part 3 (Personnel).

Marginal note:Production of document

18 Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.

Marginal note:Lost documents

19 If a Canadian maritime document is mislaid, lost or destroyed, the Minister of Transport may issue a replacement document on application made by the holder of the document in the form and manner and including the information and accompanied by the documents specified by the Minister.

Marginal note:Suspension, cancellation and refusal to renew

• 20 (1) Subject to section 20.1, 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 a 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 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 for services related to 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:Return of document

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

Marginal note:Notice before suspension or cancellation

20.1 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. The notice must

• (a) provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel the document; and

• (b) indicate, in the case of a proposed suspension or cancellation of a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

Marginal note:Exception

• 20.2 (1) The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with section 20.1 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.

• Marginal note:Decision within 24 hours

  (2) An application by the Minister of Transport under subsection (1) must be heard by a member of the Tribunal, sitting alone, whose determination shall be made within 24 hours after the application is filed with the Tribunal.

• Marginal note:Appeal

  (3) The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.

• Marginal note:Decision within 48 hours

  (4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.

Marginal note:Notice after suspension, cancellation or refusal to renew

20.3 Except where notice of a proposed suspension or cancellation of a Canadian maritime document is given under section 20.1, the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice that

• (a) confirms the suspension, cancellation or refusal and provides all relevant information concerning the grounds on which the Minister suspended, cancelled or refused to renew the document; and

• (b) indicates, in the case of the suspension or cancellation of, or the refusal to renew, a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

Marginal note:Request for review

• 20.4 (1) Subject to subsection (2), the holder of a Canadian maritime document that is referred to in a notice under section 20.1 or 20.3 may, within the time specified in the notice or any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.

• Marginal note:Exception

  (2) A request for a review must not be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the document are set out in paragraph 20(1)(d) or subparagraph 20(1)(g)(i).

• Marginal note:Effect of request

  (3) The filing of a request for a review in respect of a notice under section 20.1 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 20.5.

• Marginal note:Time and place for review

  (4) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the holder of the time and place in writing.

• Marginal note:Review procedure

  (5) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the holder with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Person not compelled to testify

  (6) In a review of a decision made under paragraph 20(1)(e), the holder is not required, and must not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination

  (7) The member may

  • (a) in the case of a decision made under paragraph 20(1)(e) or subparagraph 20(1)(f)(ii) or (iii), confirm the Minister of Transport’s decision or substitute his or her own determination; and

  • (b) in any other case, confirm the Minister of Transport’s decision or refer the matter back to the Minister for reconsideration.

Marginal note:Right of appeal

• 20.5 (1) The applicant for, or holder of, a Canadian maritime document may appeal to the Tribunal a determination made under subsection 16.1(5) or 20.4(7), and the Minister of Transport may appeal to the Tribunal a determination made under paragraph 16.1(5)(a) or 20.4(7)(a). The time limit for making an appeal is 30 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 paragraph 16.1(5)(a) or 20.4(7)(a), dismiss the appeal, or allow the appeal and substitute its own decision; or

  • (b) in the case of a determination made under paragraph 16.1(5)(b) or 20.4(7)(b), dismiss the appeal or refer the matter back to the Minister of Transport for reconsideration.

Other Documents

Marginal note:Issuance of documents to foreign vessels

21 The Minister of Transport may, at the request of the government of a state to which an international convention, protocol or resolution listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention, protocol or resolution, other than a Canadian maritime document, if the Minister is satisfied, in the same manner as in the case of a Canadian vessel, that the document may properly be issued. A document issued under this section must contain a statement that it has been issued at the request of that government.

Marginal note:Foreign documents

22 The Minister of Transport may refuse to accept a foreign document required for the operation of a foreign vessel if in the Minister’s opinion the conditions under which the document was issued do not comply with international agreements to which Canada is a signatory.

General Prohibitions

Marginal note:Destruction of documents, fraud, obstruction and movement of detained vessel

23 No person shall

• (a) wilfully destroy a document that is required under this Act to be kept;

• (b) make or cause to be made a false entry in a log book required under this Act to be kept with intent to mislead or wilfully omit to make an entry;

• (c) wilfully obstruct any inspector or other person or classification society or other organization that is exercising powers or performing duties under this Act;

• (d) knowingly provide false or misleading information or make a false or misleading statement, either orally or in writing, to a person, classification society or other organization that is exercising powers or performing duties under this Act; or

• (e) except as authorized under this Act, wilfully move a vessel that has been detained under this Act.