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Inspections by Marine Safety Inspectors and Others |
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Appointment
of marine
safety
inspectors
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11. (1) Marine safety inspectors are
appointed or deployed under the Public
Service Employment Act.
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Authoriza- tions
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(2) The Minister of Transport may
authorize a marine safety inspector to exercise
any power or perform any duty or function of
the Minister under this Act, including
quasi-judicial powers and the administration
of examinations referred to in subsection
16(2), or to carry out inspections under section
211, including the following:
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Certificate
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(3) The Minister of Transport must furnish
every marine safety inspector with a
certificate of designation authorizing the
inspector to carry out inspections under
section 211 or to exercise any power or
perform any duty or function of the Minister
under this Act, including any quasi-judicial
powers.
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Duties and
powers
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(4) A marine safety inspector may exercise
only those powers and perform only those
duties and functions that are referred to in the
inspector's certificate of designation.
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Immunity
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(5) Marine safety inspectors are not
personally liable for anything they do or omit
to do in good faith under this Act.
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Authorizing
others to
inspect
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12. (1) The Minister of Transport may
authorize any person, classification society or
other organization to issue any Canadian
maritime document under this Act or to carry
out inspections under section 211 if the
Minister determines that the person,
classification society or other organization is
qualified to issue the document or carry out
the inspection.
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Certificate of
authorization
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(2) The Minister of Transport must furnish
the person, classification society or other
organization with a certificate of
authorization specifying the documents they
are authorized to issue, the inspections they
are authorized to carry out and any limitations
on the powers they may exercise under
subsection 211(4).
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Inspection
records
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(3) A person, classification society or other
organization authorized to carry out
inspections must keep a record of each
inspection in the form and manner specified
by the Minister of Transport and, on request,
provide the record to the Minister.
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Delivery of
report
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(4) A person, classification society or other
organization that does not, in respect of
anything that they were authorized to inspect,
issue a certificate because the requirements of
the regulations have not been met must deliver
their report in respect of that inspection to a
marine safety inspector.
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Immunity
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(5) The person, classification society or
other organization is not personally liable for
anything they do or omit to do in good faith
under this Act.
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Audit
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13. The Minister of Transport may
authorize any person or class of persons to
audit inspections carried out under section
211. The auditor may exercise the powers
under that section of the person, classification
society or other organization whose
inspections are being audited.
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Authorized Representative |
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Authorized
representa- tive
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14. (1) Every Canadian vessel must have a
person - the authorized
representative - who is responsible under
this Act for acting with respect to all matters
relating to the vessel that are not otherwise
assigned by this Act to any other person.
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Authorized
representa- tive
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(2) Subject to subsections (3) and (4), the
authorized representative of a Canadian
vessel is the owner of the vessel or, in the case
of a vessel described in section 48 (a bare-boat
chartered vessel), the bare-boat charterer.
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Representativ
e if more than
one owner
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(3) In the case of a Canadian vessel that is
owned by more than one person, the owners
must appoint one of themselves as the
authorized representative.
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Representativ
e of foreign
corporation
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(4) In the case of a Canadian vessel that is
owned by a corporation incorporated under
the laws of a state other than Canada, the
authorized representative must be
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Acts or
omissions of
authorized
representa- tive binding
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(5) The owner of a Canadian vessel is bound
by the acts or omissions of their authorized
representative with respect to the matters
referred to in subsection (1).
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Adjudicators |
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Appointment
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15. (1) The Minister of Transport may
appoint persons to conduct independent
reviews under subsection 16(6) (notice of
refusal to issue or renew), 20(5) (suspension,
cancellation or non-renewal of Canadian
maritime documents), 231(3) (notices of
default), 232(2) (notices of violation) or
239(3) (removal of notations of violations).
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Powers of
adjudicators
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(2) For the purposes of this Act, each
adjudicator has and may exercise the powers
of a person appointed as a commissioner under
Part I of the Inquiries Act.
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Canadian Maritime Documents |
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Application
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16. (1) An application for a Canadian
maritime document must be made in the form
and manner, include the information and be
accompanied by the documents specified by
the Minister of Transport.
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Further
evidence
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(2) In addition to the specified information
or documents, the Minister of Transport may
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Cheating
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(3) No person shall cheat on an examination
referred to in paragraph (2)(b).
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Refusal to
issue
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(4) The Minister of Transport may refuse to
issue a Canadian maritime document if
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Notice after
refusal to
issue
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(5) The Minister of Transport must,
immediately after refusing to issue a Canadian
maritime document, give the applicant a
notice confirming the refusal and providing
all relevant information concerning the
grounds on which the Minister has refused to
issue it.
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Review of
decision
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(6) A master or crew member whose
application for a Canadian maritime
document under Part 3 (Personnel) has been
refused on a ground set out in any of
paragraphs (4)(a), (b), (c) and (e) may, within
30 days after the day on which notice is given
to them of the refusal, request that an
adjudicator review the refusal.
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Period of
validity
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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.
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Possession
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(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).
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Production of
document
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18. Every holder of a Canadian maritime
document shall produce it to the Minister of
Transport on demand.
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Lost
documents
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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.
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Suspension,
cancellation
and refusal to
renew
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20. (1) Subject to subsection (2), the
Minister of Transport may suspend, cancel or
refuse to renew a Canadian maritime
document if the Minister is satisfied that
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Notice before
suspension or
cancellation
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(2) 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 and provide the
holder with all relevant information
concerning the grounds on which the Minister
proposes to suspend or cancel it.
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Exception
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(3) The Minister of Transport may suspend
or cancel a Canadian maritime document
issued under Part 3 (Personnel) without
complying with subsection (2) if, on ex parte
application by the Minister, an adjudicator
determines that complying with that
subsection is not in the interest of public
safety.
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Notice after
suspension or
cancellation
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(4) Except in the case of the suspension or
cancellation of a Canadian maritime
document under subsection (2), the Minister
of Transport must, immediately after
suspending, cancelling or refusing to renew a
Canadian maritime document, give the holder
a notice confirming the suspension,
cancellation or refusal and providing all
relevant information concerning the grounds
on which the Minister has suspended,
cancelled or refused to renew it.
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Review
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(5) The holder may, within 30 days after the
day on which the notice is given, request that
an adjudicator review the suspension,
cancellation or refusal, unless it was on the
ground set out in paragraph (1)(d) or
subparagraph (1)(g)(i).
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Review
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(6) If the holder, within 30 days after the day
on which the notice is given, requests that an
adjudicator conduct a review of the proposed
suspension or cancellation, the proposed
suspension or cancellation is stayed until the
review is concluded.
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Return of
document
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(7) If a Canadian maritime document is
suspended or cancelled, the person who held
it shall return it on demand to the Minister of
Transport.
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