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Return of
document
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(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.
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Notice before
suspension or
cancellation
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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
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Exception
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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.
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Decision
within 24
hours
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(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.
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Appeal
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(3) The Minister of Transport may, within
24 hours after the determination, appeal the
determination to the Tribunal.
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Decision
within 48
hours
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(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.
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Notice after
suspension,
cancellation
or refusal to
renew
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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
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Request for
review
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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.
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Exception
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(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).
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Effect of
request
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(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.
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Time and
place for
review
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(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.
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Review
procedure
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(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.
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Person not
compelled to
testify
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(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.
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Determination
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(7) The member may
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Right of
appeal
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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.
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Loss of right
of appeal
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(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.
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Disposition of
appeal
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(3) The appeal panel of the Tribunal
assigned to hear the appeal may
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229. (1) If the Minister has reasonable
grounds to believe that a person or vessel has
committed a violation, the Minister may
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Description
abrégée
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(3) Il peut établir, pour toute violation, une
description abrégée à utiliser dans les
procès-verbaux.
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Deemed
violation
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230. (1) A person who, or vessel that, enters
into an assurance of compliance is, unless a
review is requested under subsection (2),
deemed to have committed the violation in
respect of which the assurance was entered
into.
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Request for
review
|
(2) A person who, or vessel that, enters into
an assurance of compliance may, within 48
hours after the assurance is signed, unless a
notice of default is served within that period
under section 231.1, request a review of the
facts of the violation, in which case the
assurance is deemed to be a notice of violation
and a review under paragraph 232(1)(b) of the
facts of the violation and the amount of the
penalty is deemed to have been requested.
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When
assurance of
compliance
complied with
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231. If the Minister is satisfied that an
assurance of compliance has been complied
with, the Minister must cause a notice to that
effect to be served on the person or vessel and,
on the service of the notice,
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When
assurance of
compliance
not complied
with
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231.1 (1) If the Minister is of the opinion
that a person who, or vessel that, has entered
into an assurance of compliance has not
complied with it, the Minister may cause a
notice of default to be served on the person or
vessel to the effect that, unless a member
determines under section 231.2, or an appeal
panel decides under section 232.2, that the
assurance has been complied with,
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Contents of
notice
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(2) A notice under subsection (1) must
include the address at which, and the date,
being 30 days after the notice is served, on or
before which, a request for a review may be
filed.
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No set-off
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(3) On the service of a notice of default, the
person or vessel served has no right of set-off
against any amount spent by the person or
vessel under the assurance of compliance.
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Request for
review
|
231.2 (1) A person or vessel served with a
notice under subsection 231.1(1) 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.
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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 and the person who, or vessel
that, filed the request of the time and place in
writing.
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Review
procedure
|
(3) The member of the Tribunal assigned to
conduct the review must provide the Minister
and the person or vessel with an opportunity
consistent with procedural fairness and
natural justice to present evidence and make
representations.
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Burden of
proof
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(4) The burden is on the Minister to
establish that the person or vessel did not
comply with the assurance of compliance
referred to in the notice. The person is not
required, and must not be compelled, to give
any evidence or testimony in the matter.
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Certain
defences not
available
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(5) A person or vessel named in a notice of
default does not have a defence by reason that
the person or vessel exercised due diligence to
comply with the assurance of compliance.
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Determination
|
(6) The member may confirm the
Minister's decision or determine that the
person or vessel has complied with the
assurance of compliance.
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Return of
security
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231.3 Any security deposited under
subparagraph 229(1)(a)(ii) must be returned
to the person or vessel if
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Notice of
violation
|
232. (1) A person or vessel served with a
notice of violation under paragraph 229(1)(b)
must
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When review
not requested
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(2) If a review of the facts of the violation
is not requested, the person or vessel is
deemed to have committed the violation in
respect of which the notice was served.
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Time and
place for
review
|
232.1 (1) On receipt of a request filed under
paragraph 232(1)(b), the Tribunal must
appoint a time and place for the review and
must notify the Minister and the person who,
or vessel that, filed the request of the time and
place in writing.
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Review
procedure
|
(2) The member of the Tribunal assigned to
conduct the review must provide the Minister
and the person or vessel with an opportunity
consistent with procedural fairness and
natural justice to present evidence and make
representations.
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Burden of
proof
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(3) The burden is on the Minister to
establish that the person or vessel committed
the violation referred to in the notice. The
person is not required, and must not be
compelled, to give any evidence or testimony
in the matter.
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Determination
|
(4) The member may confirm the
Minister's decision or, subject to any
regulations made under paragraph 244(h),
substitute his or her own determination.
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Right of
appeal
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232.2 (1) The Minister or the person who, or
vessel that, requested the review may, within
30 days after the determination, appeal a
determination made under subsection
231.2(6) or 232.1(4) to the Tribunal.
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Loss of right
of appeal
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(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.
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Disposition of
appeal
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(3) The appeal panel of the Tribunal
assigned to hear the appeal may
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Debts due to
Her Majesty
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234. The following amounts constitute
debts due to Her Majesty in right of Canada
that may be recovered in a court of competent
jurisdiction:
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Certificate
|
235. (1) All or part of a debt referred to in
section 234 in respect of which there is a
default of payment may be certified by the
Minister or the Tribunal, as the case may be.
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Contents of
notice
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(3) A notice under subsection (2) must
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.
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Request for
review
|
(4) The person or vessel 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.
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Time and
place for
review
|
(5) On receipt of a request filed under
subsection (4), the Tribunal must appoint a
time and place for the review and must notify
the Minister and the person who, or vessel
that, filed the request of the time and place in
writing.
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