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7. Procedure for Initiating a Canadian Maritime Document Action for an Unpaid Administrative Monetary Penalty under Section 20 of the Canada Shipping Act, 2001

Procedure for Initiating a Canadian Maritime Document Action for an Unpaid Administrative Monetary Penalty under Section 20 of the Canada Shipping Act, 2001

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1. Purpose

1.1 This document lays out the procedure to be followed in the event that the holder of a Canadian Maritime Document (CMD) fails to pay any outstanding Administrative Monetary Penalty and a suspension or cancellation of a CMD is the appropriate response.

2. Authority

2.1 The Minister of Transport is authorized to carry out this procedure by section 20 of the Canada Shipping Act, 2001.

2.2 This procedure is subject to the provisions of section 20.1 of the Canada Shipping Act, 2001 when the CMD is a Certificate of Competency.

3. Scope

3.1 This procedure applies to instances where holders of a CMD have failed to pay any outstanding Administrative Monetary Penalty and a Canadian Maritime Document action is the appropriate way to force payment.

4. Responsibility

4.1 The Executive Director of Regulatory Services & Quality Assurance is responsible for the development, maintenance and continuous improvement of this procedure. 

4.2 The Compliance, Enforcement and Appeals section (AMSXE) of TCMS is responsible for the implementation of this procedure.

5. Procedure

5.1 AMSXE will determine the appropriate CMD to suspend or cancel and whether suspension or cancellation is the appropriate action to be taken as a result of an unpaid penalty.

5.2 If the CMD is a Certificate of Competency, AMSXE will serve the holder with a Notice of Proposed Suspension or Cancellation of a Canadian Maritime Document Issued under Part 3 of the Canada Shipping Act, 2001 by Reason of Non-payment of Penalty or Fine stating that if the outstanding administrative monetary penalty is not paid within 30 days, his or her Certificate will be suspended/cancelled.

5.3 If the penalty is not paid within the allotted time, then AMSXE will amend ACES to reflect the suspension/cancellation.

5.4 If the CMD is not a Certificate of Competency AMSXE will send a Notice of Proposed Non-Renewal, Suspension or Cancellation of a Canadian Maritime Document by Reason of Non-payment of Fee, Penalty or Fine to the holder of the suspended/cancelled document stating that if the outstanding administrative monetary penalty is not paid within 30 days their CMD has been suspended/cancelled and will remained so as long as the holder’s Administrative Monetary Penalty remains unpaid.

5.5 If the penalty is not paid within the allotted time, then AMSXE will amend SIRS to reflect the suspension/cancellation.

6. Related Documents 

6.1 Canada Shipping Act, 2001

6.2 Notice of Proposed Suspension or Cancellation of a Canadian Maritime Document Issued under Part 3 of the Canada Shipping Act, 2001 by Reason of Non-payment of Penalty or Fine (RDIMS #6751360)

6.3 Notice of Proposed Non-Renewal, Suspension or Cancellation of a Canadian Maritime Document by Reason of Non-payment of Fee, Penalty or Fine (RDIMS #2458228)

6.4 Notice of Confirming Non-Renewal of a Canadian Maritime Document by Reason of Non Payment of Fee, Penalty or Fine (RDIMS #2458259)

6.5 Canadian Maritime Document

7. Date of Application

7.1 This procedure comes into effect on June 30, 2011.

8. Date for Review

8.1 This procedure will be reviewed twelve months after it comes into force.

9. RDIMS Reference

9.1 The English version of this document is saved in RDIMS under reference number 6721822.  The applied naming convention is (PUBLICATION – TP 13585 – PROCEDURE - Procedure for Initiating a Canadian Maritime Document Action for an Unpaid Administrative Monetary Penalty under section 20 of the Canada Shipping Act, 2001.

9.2 La version française du présent document est dans le SGDDI et porte le numéro de référence 6792650.  La règle d'affectation des noms est
PUBLICATION – TP 13585 – PROCÉDURE - Procédure d’instauration d’une mesure liée à un document maritime canadien au titre d’une sanction administrative pécuniaire en souffrance en vertu de l’article 20 de la Loi de 2001 sur la marine marchande du Canada.

9.3 This is the first approved and finalized revision of the English version of this document.

10. Keywords 

• Canadian Maritime Document
• Suspension
• Cancellation
• Monetary
• Penalty

Appendix 1: Process Flowchart

 

Date modified:

2011-09-14

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