Marine Transportation Security Regulations (SOR/2004-144)

Marginal note:Time and place for review

• 808 (1) On receipt of a request filed under section 807, 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:Determination

  (2) The assigned member of the Tribunal shall confirm the refusal, suspension or cancellation or refer the matter back to the Minister for reconsideration.

Marginal note:Right of appeal

• 809 (1) Within 30 days after the day on which a determination is made under subsection 808(2), the certificate holder may appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party who 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 shall dismiss it or refer the matter back to the Minister for reconsideration.

Marginal note:Decision to remain in effect pending reconsideration

810 If a matter is referred back to the Minister for reconsideration under subsection 808(2) or 809(3), a suspension or cancellation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of the suspension or cancellation until the reconsideration is concluded if the member or panel determines that granting a stay would not constitute a threat to marine transportation security.

General

Marginal note:Possession of certificate

811 No person shall possess a certificate of proficiency except the person to whom it was issued or the person’s representative.

Marginal note:Production of certificate

812 The holder of a certificate of proficiency shall produce it on the Minister’s request.

Marginal note:Return of certificate

813 If a certificate of proficiency is suspended or cancelled, the person to whom it was issued shall return it to the Minister on request.

[814 to 899 reserved]