- (a) in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person;
- (b) in the case of a vessel described in section 48, the bare-boat charterer; or
- (c) in any other case, the owner of the vessel.
- (a) a subsidiary of the corporation incorporated under the laws of Canada or a province;
- (b) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada; or
- (c) a ship management company incorporated under the laws of Canada or a province.
- 2001, c. 26, s. 14
- 2023, c. 26, s. 355
15 [Repealed, 2001, c. 29, s. 72]
Canadian Maritime Documents
Marginal note: Application
- 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.
- Marginal note: Further evidence (2) In addition to the specified information or documents, the Minister of Transport may
- (a) require that an applicant provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the document have been met;
- (b) if the Canadian maritime document is in respect of a person,
- (i) set an examination that the person must undergo, and
- (ii) administer the examination; and
- (a) the applicant has not met the requirements for the issuance of the document;
- (b) the applicant has acted fraudulently or improperly or has misrepresented a material fact;
- (c) 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;
- (d) the applicant has not paid a fee for services related to the document or has not paid a fine or penalty imposed on them under this Act; or
- (e) in the case of a Canadian maritime document applied for under Part 3 (Personnel) by a master or crew member,
- (i) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or
- (ii) the master or crew member has been found guilty of an offence related to their duties on a vessel or has committed a violation in respect of which a notice of violation was issued under paragraph 229(1)(b).
- (a) confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and
- (b) indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.
- 2001, c. 26, s. 16, c. 29, s. 72
- 2012, c. 31, s. 156
Marginal note: Request for review
- 16.1 (1) An applicant who receives a notice under subsection 16(5) 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 of the decision if
- (a) the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and
- (b) the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).
- (a) in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or
- (b) in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.
- 2001, c. 29, s. 72
Marginal note: Period of validity
- 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.
- Marginal note: Possession (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).
Marginal note: Production of document
18 Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.
Marginal note: Lost documents
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.
Marginal note: Suspension, cancellation and refusal to renew
- 20 (1) Subject to section 20.1, the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that
- (a) the requirements for the issuance of the document are no longer met;
- (b) a term or condition attached to the document has been contravened;
- (c) the document was obtained by any fraudulent or improper means or a misrepresentation of any material fact;
- (d) the holder of the document has not paid a fine or penalty imposed on them under this Act;
- (e) the holder of the document has contravened a provision of this Act or the regulations that the Minister is responsible for administering;
- (f) in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member,
- (i) the master or crew member is incompetent or has committed an act of misconduct,
- (ii) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or
- (iii) the master or crew member has been found guilty of an offence related to their duties on a vessel; or
- (i) the applicant has not paid a fee for services related to the document, or
- (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.
- 2001, c. 26, s. 20, c. 29, s. 72
- 2012, c. 31, s. 157
Marginal note: 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.
- 2001, c. 29, s. 72
Marginal note: 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.
- Marginal note: 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.
- Marginal note: Appeal (3) The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.
- Marginal note: 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.
- 2001, c. 29, s. 72
