(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.

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.

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.

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.

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.

Appeal

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

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

    (h) paragraphs 35(1)(a) and (c) of the other Act are repealed;

    (i) subsection 229(1) of the other Act is replaced by the following:

229. (1) If the Minister has reasonable grounds to believe that a person or vessel has committed a violation, the Minister may

    (a) enter into an assurance of compliance with the person or vessel that

      (i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,

      (ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and

      (iii) sets out the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel would have been liable to pay if the assurance had not been entered into; or

    (b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out

      (i) the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel is liable to pay,

      (ii) the period, being thirty days after the notice is served, within which the penalty must be paid or a review of the notice requested, and

      (iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review requested.

    (j) subsection 229(3) of the French version of the other Act is replaced by the following:

Description abrégée

(3) Il peut établir, pour toute violation, une description abrégée à utiliser dans les procès-verbaux.

    (k) sections 230 to 232 of the other Act are replaced by the following:

Deemed violation

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.

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.

When assurance of compliance complied with

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,

    (a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and

    (b) any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel.

When assurance of compliance not complied with

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,

    (a) the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or

    (b) the security deposited under subparagraph 229(1)(a)(ii) is forfeited to Her Majesty in right of Canada.

Contents of notice

(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.

No set-off

(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.

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.

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.

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.

Burden of proof

(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.

Certain defences not available

(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.

Determination

(6) The member may confirm the Minister's decision or determine that the person or vessel has complied with the assurance of compliance.

Return of security

231.3 Any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel if

    (a) the person or vessel pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice of default under section 231.1; or

    (b) a member determines under section 231.2, or an appeal panel decides under section 232.2, that the assurance of compliance has been complied with.

Notice of violation

232. (1) A person or vessel served with a notice of violation under paragraph 229(1)(b) must

    (a) pay the amount of the penalty; or

    (b) within thirty days after being served or any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty.

When review not requested

(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.

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.

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.

Burden of proof

(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.

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.

Right of appeal

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.

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.

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 subsection 231.2(6), dismiss the appeal or allow the appeal and substitute its own decision; or

    (b) in the case of a determination made under subsection 232.1(4), dismiss the appeal, or allow the appeal and, subject to regulations made under paragraph 244(h), substitute its own decision.

    (l) section 234 of the other Act is replaced by the following:

Debts due to Her Majesty

234. The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:

    (a) unless a review of the amount of the penalty is requested under paragraph 232(1)(b), the amount of a penalty set out in a notice of violation, from the time the notice is served;

    (b) the amount that a notice of default served under subsection 231.1(1) provides that a person is liable to pay, from the time the notice is served;

    (c) the amount of a penalty determined by a member after a review under section 232.1, or decided by an appeal panel after an appeal under section 232.2, from the time of the respective determination or decision; and

    (d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).

    (m) subsection 235(1) of the other Act is replaced by the following:

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.

    (n) paragraph 239(1)(a) of the other Act is replaced by the following:

    (a) the person or vessel pays every penalty that the person or vessel is liable to pay after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal;

    (o) subsection 239(3) of the other Act is replaced by the following:

Contents of notice

(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.

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.

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.