Pilotage Act (R.S.C., 1985, c. P-14)

Marginal note:Right of appeal

• 46.34 (1) The Minister or the person or ship that requested the review may, within 30 days after the day on which a determination is made under subsection 46.31(6) or 46.33(6), appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at the 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) At the conclusion of the review, the appeal panel of the Tribunal that is assigned to hear the appeal may

  • (a) in the case of a determination made under subsection 46.31(6), dismiss the appeal, or allow the appeal and substitute its own decision; or

  • (b) in the case of a determination made under subsection 46.33(6), dismiss the appeal, or allow the appeal and, subject to subsections 46.26(4) and (5) and the regulations, substitute its own decision.

• Marginal note:Notice of decision

  (4) The appeal panel shall inform the parties of its decision without delay and shall specify the period within which any amount determined by the appeal panel to be payable to the Tribunal is to be paid.

Recovery of Debts

Marginal note:Debts due to Her Majesty

• 46.35 (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 46.27(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 46.33(1);

  • (b) the amount of a penalty set out in a notice of default referred to in subsection 46.3(1), from the date the notice is served, unless a review is requested under subsection 46.31(1);

  • (c) the amount of a penalty determined by a member under section 46.33, or decided by an appeal panel under section 46.34, 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 ship 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

• 46.36 (1) All or part of a debt referred to in subsection 46.35(1) 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: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:Manner of service

• 46.37 (1) A notice referred to in any of sections 46.27, 46.29, 46.3 and 46.45 is to be served

  • (a) in the case of an individual,

    • (i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or

    • (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to the individual’s last known address or usual place of residence;

  • (b) in the case of a person other than an individual,

    • (i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or

    • (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business; and

  • (c) in the case of a ship,

    • (i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the ship,

    • (ii) by posting a copy of it on any conspicuous part of the ship,

    • (iii) by leaving a copy of it with the owner or operator of the ship, with the owner’s or operator’s representative or with an officer or other individual who appears to control or manage the owner’s, operator’s or representative’s head office or place of business, or

    • (iv) by sending a copy of it by registered mail, courier or fax or other electronic means to the ship or to a person referred to in subparagraph (i) or (iii) or to their head office or place of business.

• Marginal note:Proof of service

  (2) Service may be proved by

  • (a) an acknowledgement of service signed by the person served or on behalf of the person or ship served, specifying the date and location of service;

  • (b) a certificate of service, signed by the person who effected the service, indicating the name of the person or ship served and the means by which and day on which service was effected; or

  • (c) a record of electronic transmission setting out the date and time of transmission.

• Marginal note:Date service effective

  (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective,

  • (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; and

  • (b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.

Marginal note:Proof of violation by ship

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

Marginal note:Party to violation committed by ship

• 46.39 (1) If a ship commits a violation under this Act and a person in charge of the ship 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 ship has been proceeded against under sections 46.27 to 46.36.

• 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 who 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 46.27 to 46.36.

Marginal note:Violation by employee or agent or mandatary

46.4 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 ship

46.41 For the purposes of a proceeding against a ship 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 ship if

• (a) it is given to the authorized representative or a person in charge of the ship; 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 ship.

Marginal note:Limitation or prescription period

46.42 A notice of violation may be issued no later than two years after the day on which an authorized person becomes aware of the violation.

Marginal note:Certificate

46.43 A document that purports to have been issued by an authorized person and that certifies the day on which they became aware of a 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 authorized person became aware of the violation on that day.

Public Record

Marginal note:Disclosure of notices of violation and default

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

Marginal note:Notations removed

• 46.45 (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 a person or ship has paid every penalty that the person or ship is liable to pay under this Act, the Minister shall remove a notice of violation or notice of default from the public record of notices of violation or default along with all the other information kept in the public record with respect to the 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 shall give notice of that fact to the person or ship in writing, and provide the grounds for that opinion.

• Marginal note:Contents of notice

  (3) The notice is to include the place 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 ship may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the Minister’s decision made under subsection (2).

• Marginal note:Date, time and place for review

  (5) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing.

• Marginal note:Review procedure

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

• Marginal note:Determination

  (7) The member 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 ship 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 Tribunal.

• Marginal note:Loss of right of appeal

  (9) A person or ship that does not appear at the 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

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