GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Transportation Security Regulations — 512
512 (1) The Minister shall establish a period of validity for a transportation security clearance in accordance with the level of risk posed by the applicant determined under section 509, but the period shall not exceed five years. (2) If the validity period is less than five years, the Minister may extend the period to a total of five years if the Minister determines under section 509 that the holder does not pose a risk to the security of marine transportation. (3) If a transportation security clearance is suspended and subsequently reinstated, the end of the validity period remains the same as that established at the time of issuance. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 513
513 A marine facility operator or port administration shall immediately notify the Minister in writing when the holder of a transportation security clearance is no longer required by these Regulations to be the holder of a transportation security clearance. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 514
514 A marine facility operator or port administration shall immediately notify the Minister in writing when they suspend or cancel, for security reasons, a restricted area pass issued to a holder of a transportation security clearance. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 515
515 (1) The Minister may suspend a transportation security clearance on receipt of information that could change the Minister’s determination made under section 509. (2) Immediately after suspending a transportation security clearance, the Minister shall advise the holder in writing of the suspension. (3) The notice shall set out the basis for the suspension and shall fix a period of time for the holder to make written representations to the Minister, which period of time shall start on the day on which the notice is served or sent and shall be not less than 20 days from that day. (4) The Minister may reinstate the transportation security clearance if the Minister determines under section 509 that the holder does not pose a risk to marine transportation security. (5) The Minister may cancel the transportation security clearance if the Minister determines under section 509 that the holder may pose a risk to marine transportation security or that the transportation security clearance is no longer required. The Minister shall advise the holder in writing of any cancellation. (6) The Minister shall not cancel a transportation security clearance until the written representations have been received and considered or before the time period fixed in the notice has expired, whichever comes first. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 516
516 If the Minister refuses to grant or cancels a transportation security clearance, an applicant may submit a new application only if (a) a period of five years has elapsed after the day of the refusal or cancellation; or (b) a change has occurred in the circumstances that led to the refusal or cancellation. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 517
517 (1) An applicant or a holder may request that the Minister reconsider a decision to refuse to grant or to cancel a transportation security clearance within 30 days after the day of the service or sending of the notice advising them of the decision. (2) The request shall be in writing and shall set out the following: (a) the decision that is the subject of the request; (b) the grounds for the request, including any new information that the applicant or holder wishes the Minister to consider; and (c) the name, address, and telephone and facsimile numbers of the applicant or holder. (3) On receipt of a request made in accordance with this section, the Minister, in order to determine the matter in a fair, informal and expeditious manner, shall give the applicant or holder (a) where the situation warrants, the opportunity to make representations orally or in any other manner; and (b) in any other case, a reasonable opportunity to make written representations. (4) After representations have been made or a reasonable opportunity to do so has been provided, the Minister shall reconsider the decision in accordance with section 509 and shall subsequently confirm or change the decision. (5) The Minister may engage the services of persons with appropriate expertise in security matters to advise the Minister. (6) The Minister shall advise the applicant or holder in writing of the decision made following the reconsideration. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 518
518 The Minister shall send to the person at their last known address, by personal service or registered mail, any notices to be given under this Part. SOR/2006-269, s. 22
Marine Transportation Security Regulations — 519
519 No person shall knowingly file with the Minister a fraudulent application or an application containing false or misleading information in order to obtain a transportation security clearance. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 601
601 (1) The contravention of a provision of the Act set out in column 1 of an item of Schedule 2 is designated a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50 of the Act. (2) For each violation designated under subsection (1) (a) the penalty or range of penalties for (i) an individual is set out in column 2, and (ii) a corporation is set out in column 3; and (b) if an “X” appears in column 4, the violation constitutes a separate violation for each day on which it is continued. SOR/2006-270, s. 9
Marine Transportation Security Regulations — 602
602 (1) The contravention of a provision of these Regulations set out in column 1 of an item of Schedule 3 is designated a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50 of the Act. (2) For each violation designated under subsection (1), (a) the penalty or range of penalties for (i) an individual is set out in column 2, and (ii) a corporation is set out in column 3; and (b) if an “X” appears in column 4, the violation constitutes a separate violation for each day on which it is continued. SOR/2006-270, s. 9
Marine Transportation Security Regulations — 701
701 (1) This section applies to the following documents: (a) a notice of violation referred to in paragraph 33(1)(b) of the Act; (b) a notice of compliance referred to in section 35 of the Act; (c) a notice of default referred to in subsection 36(1) of the Act; (d) a notice of refusal to issue a certificate of proficiency referred to in subsection 802(2); and (e) a notice of suspension or cancellation referred to in subsection 14(2) or 805(1). (2) A document may be served on an individual by (a) giving a copy to the individual; (b) giving a copy to someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or (c) sending a copy by registered mail or courier to the last known address or usual place of residence of the individual or by facsimile transmission to the last facsimile number provided. (3) A document may be served on a person other than an individual by (a) giving a copy to one of the person’s officers or agents at the person’s head office or place of business; or (b) sending a copy by registered mail or courier to the head office or place of business of the person or their agent or by facsimile transmission to the last facsimile number provided. (4) A document that is served by facsimile transmission shall include a cover page setting out (a) the name and address and telephone and facsimile numbers of the sender; (b) the date and time of transmission; (c) the total number of pages transmitted, including the cover page; and (d) the name and telephone number of a person to contact in the event of transmission problems, if they differ from those provided for the sender. (5) A document that is served by (a) registered mail is deemed to have been served on the fourth day after the day on which it was sent; and (b) facsimile transmission is deemed to have been served on the day after the day on which it was sent. (6) Proof of service of a document may be made by showing (a) in the case of a document transmitted by facsimile, a proof of transmission produced by the facsimile machine that sets out the date and time of transmission; or (b) in any other case, an acknowledgement of service signed by or on behalf of the person served, specifying the date and place of service. SOR/2006-270, s. 9; SOR/2014-162, s. 48
Marine Transportation Security Regulations — 800
800 (1) [Repealed, SOR/2014-162, s. 51] References in STCW Code (2) For the purpose of interpreting tables A-VI/5, A-VI/6-1 and A-VI/6-2 of the STCW Code, (a) “ship” shall be read to mean “vessel”; (b) “measures and procedures” shall be read to mean “requirements and procedures”; (c) “port facility” shall be read to mean “marine facility”; (d) “ship/port interface” shall be read to mean “vessel/marine facility interface”; and (e) “designating and monitoring restricted areas” shall be read to mean “establishing and monitoring restricted areas”. References in French version of STCW Code (3) For the purpose of interpreting tables A-VI/5, A-VI/6-1 and A-VI/6-2 of the French version of the STCW Code, (a) “audits” shall be read to mean “ vérifications ”; and (b) “ zones d’accès restreints ” shall be read to mean “ zones réglementées ”. SOR/2007-275, s. 6; SOR/2014-162, s. 51
Marine Transportation Security Regulations — 802
Refusal to issue 802 (1) Despite section 801, the Minister shall refuse to issue a certificate of proficiency to a person if (a) the person has not met the requirements for the issuance of the certificate; or (b) the Minister has reasonable grounds to believe that (i) the person has acted fraudulently or improperly or has misrepresented a material fact, or (ii) the public interest and, in particular, the record of the person warrant it. Notice of refusal to issue (2) If the Minister refuses to issue a certificate of proficiency to a person, the Minister shall notify the person of the refusal. The notice shall include (a) the grounds for the refusal; and (b) the address at which, and the date, being 30 days after the day on which the notice is given, on or before which, the person may file a request for a review of the refusal. SOR/2007-275, s. 6; SOR/2014-162, s. 54
Marine Transportation Security Regulations — 803
Approval by Minister 803 (1) The Minister shall approve a course as an approved training course if the Minister determines that it (a) provides participants with the training necessary to undertake the tasks, duties and responsibilities listed in column 1 of tables A-VI/5, A-VI/6-1 and A-V1/6-2 of the STCW Code and to acquire the knowledge listed in column 2 of those tables; and (b) uses the methods and criteria listed in columns 3 and 4, respectively, of tables A-VI/5, A-VI/6-1 and A-V1/6-2 of the STCW Code to evaluate the participants’ competence to undertake the tasks, duties and responsibilities referred to in paragraph (a). Revocation (2) The Minister shall revoke the approval of a course as an approved training course if, after the results of an independent evaluation made in accordance with section A-I/8.3 of the STCW Code are brought to the attention of the recognized institution that is providing the course, timely action is not taken to correct any deficiencies. SOR/2007-275, s. 6; SOR/2014-162, s. 55
Marine Transportation Security Regulations — 803.1
Designation by Minister 803.1 (1) The Minister shall designate a training institution as a recognized institution if the Minister is satisfied that the training institution administers, in accordance with the established practices and the requirements of the domestic and international marine industry, approved training courses for the purpose of providing the training necessary to obtain a certificate of proficiency issued under this Part. Monitoring (2) The approved training courses shall be monitored continuously through a quality management system that conforms to Regulation I/8 of the STCW Convention. Revocation (3) The Minister shall revoke the designation of a recognized institution if, after informing the recognized institution that the results of an evaluation conducted by the Minister indicate that the requirements of subsection (1) or (2) are not being met, the Minister is satisfied that timely action has not been taken to correct the deficiencies. SOR/2014-162, s. 56
Marine Transportation Security Regulations — 804
Suspension or cancellation 804 (1) The Minister shall suspend or cancel a person’s certificate of proficiency if the Minister has reasonable grounds to believe that (a) the certificate was obtained by any fraudulent or improper means or a misrepresentation of any material fact; (b) the public interest warrants it, particularly in view of the person’s record; or (c) the person’s performance of the duties associated with the capacities identified in the certificate constitutes, or is likely to constitute, an immediate threat to marine transportation security. Cancellation (2) The Minister shall cancel a person’s certificate of proficiency if the Minister determines that the person is no longer a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act . SOR/2007-275, s. 6; SOR/2014-162, s. 57
Marine Transportation Security Regulations — 805
Notice of suspension or cancellation 805 (1) If the Minister suspends or cancels a person’s certificate of proficiency, the Minister shall notify the person of the suspension or cancellation. The notice shall include (a) the grounds for the suspension or cancellation; and (b) the address at which, and the date, being 30 days after the day on which the notice is given, on or before which, the person may file a request for a review of the suspension or cancellation. When effective (2) The suspension or cancellation shall not be effective earlier than (a) in the case of a suspension or cancellation on the grounds referred to in paragraph 804(1)(a) or (b), the 30th day after the day on which the person receives the notice; and (b) in the case of a suspension or cancellation on the grounds referred to in paragraph 804(1)(c) or subsection 804(2), when the person receives the notice. When notice is considered received (3) Notice is considered to be received on the earlier of (a) when the person receives the notice, and (b) when any vessel of which the person is the master or a crew member receives the notice. SOR/2007-275, s. 6; SOR/2014-162, s. 58
Marine Transportation Security Regulations — 806
Jurisdiction of Tribunal 806 The Tribunal has jurisdiction in respect of reviews and appeals under sections 807 to 810. SOR/2007-275, s. 6
Marine Transportation Security Regulations — 807
Request for review 807 (1) A person who is notified under subsection 802(2) or 805(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the refusal, suspension or cancellation. Effect of request (2) A request for a review does not operate as a stay of the refusal, suspension or cancellation. Exception (3) On application in writing by a person whose certificate of proficiency was suspended or cancelled on any of the grounds referred to in paragraph 804(1)(c) or subsection 804(2), a member of the Tribunal assigned for the purpose may, after giving notice to the Minister and after considering any representations made by the parties, grant a stay of the suspension or cancellation until the review is completed if he or she determines that granting a stay would not constitute a threat to marine transportation security. SOR/2007-275, s. 6; SOR/2014-162, s. 59
Marine Transportation Security Regulations — 808
Time and place for review 808 (1) On receipt of a request filed under section 807, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing. Determination (2) The assigned member of the Tribunal shall confirm the refusal, suspension or cancellation or refer the matter back to the Minister for reconsideration. SOR/2007-275, s. 6
Marine Transportation Security Regulations — 809
Right of appeal 809 (1) Within 30 days after the day on which a determination is made under subsection 808(2), the certificate holder may appeal the determination to the Tribunal. Loss of right of appeal (2) A party who 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 shall dismiss it or refer the matter back to the Minister for reconsideration. SOR/2007-275, s. 6; SOR/2014-162, s. 60
Marine Transportation Security Regulations — 810
Decision to remain in effect pending reconsideration 810 If a matter is referred back to the Minister for reconsideration under subsection 808(2) or 809(3), a suspension or cancellation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of the suspension or cancellation until the reconsideration is concluded if the member or panel determines that granting a stay would not constitute a threat to marine transportation security. SOR/2007-275, s. 6
Marine Transportation Security Regulations — 811
Possession of certificate 811 No person shall possess a certificate of proficiency except the person to whom it was issued or the person’s representative. SOR/2007-275, s. 6; SOR/2014-162, s. 61
Marine Transportation Security Regulations — 812
Production of certificate 812 The holder of a certificate of proficiency shall produce it on the Minister’s request. SOR/2007-275, s. 6; SOR/2014-162, s. 61
Marine Transportation Security Regulations — 813
Return of certificate 813 If a certificate of proficiency is suspended or cancelled, the person to whom it was issued shall return it to the Minister on request. SOR/2007-275, s. 6; SOR/2014-162, s. 61
Marine Transportation Security Regulations — 1
1 Cruise ship terminals located at the ports set out in Parts 2 and 3
Marine Transportation Security Regulations — 2
2 Container terminals that are located at the ports set out in Parts 2 and 3
Marine Transportation Security Regulations — 3
3 Marine Traffic Control Centres and Operations Centres of The St. Lawrence Seaway Management Corporation
Marine Transportation Security Regulations — 4. and 5
4. and 5 [Repealed, SOR/2014-162, s. 63]
Marine Transportation Security Regulations — 1
1 All explosives of Class 1.1, 1.2 and 1.5.
Marine Transportation Security Regulations — 2
2 The following gases of Class 2.1, when carried in a large means of containment or in such a quantity as to require an emergency response assistance plan (ERAP) under section 7.1 of the Transportation of Dangerous Goods Regulations : (a) UN1035, UN1086, UN1971 and UN1972; and (b) UN1010, UN1011, UN1012, UN1032, UN1036, UN1037, UN1060, UN1063, UN1077, UN1962 and UN1978, except when carried as CDC residue.
Marine Transportation Security Regulations — (a)
(a) UN1035, UN1086, UN1971 and UN1972; and
Marine Transportation Security Regulations — (b)
(b) UN1010, UN1011, UN1012, UN1032, UN1036, UN1037, UN1060, UN1063, UN1077, UN1962 and UN1978, except when carried as CDC residue.
Marine Transportation Security Regulations — 3
3 All gases of Class 2.3, when carried in a large means of containment or in such a quantity as to require an ERAP under section 7.1 of the Transportation of Dangerous Goods Regulations .
Marine Transportation Security Regulations — 4
4 The following flammable liquids of Class 3, when carried in a large means of containment or in such a quantity as to require an ERAP under section 7.1 of the Transportation of Dangerous Goods Regulations , except when carried as CDC residue: UN1089 and UN1280.
Marine Transportation Security Regulations — 5
5 The following oxidizing substances of Class 5.1, when carried in a large means of containment or in such a quantity as to require an ERAP under section 7.1 of the Transportation of Dangerous Goods Regulations : (a) UN1479 and UN3139; and (b) UN1942, UN2067 and UN3375, except when carried as CDC residue.
Marine Transportation Security Regulations — (b)
(b) UN1942, UN2067 and UN3375, except when carried as CDC residue.
Marine Transportation Security Regulations — 6
6 The following liquids of Class 6.1 (either primary or subsidiary class) that are toxic by inhalation, when carried in a large means of containment or in such a quantity as to require an ERAP under section 7.1 of the Transportation of Dangerous Goods Regulations : (a) UN1051, UN1052, UN1092, UN1163, UN1182, UN1185, UN1238, UN1239, UN1244, UN1251, UN1259, UN1380, UN1510, UN1560, UN1569, UN1580, UN1583, UN1595, UN1613, UN1614, UN1647, UN1670, UN1672, UN1695, UN1722, UN1744, UN1745, UN1746, UN1752, UN1809, UN1892, UN1994, UN2032, UN2232, UN2285, UN2334, UN2337, UN2382, UN2407, UN2438, UN2474, UN2477, UN2478, UN2480, UN2481, UN2482, UN2483, UN2484, UN2485, UN2486, UN2487, UN2488, UN2521, UN2605, UN2606, UN2644, UN2646, UN2668, UN2740, UN2742, UN2743, UN2809, UN3023, UN3246, UN3275, UN3276, UN3278, UN3279, UN3280, UN3281 UN3294, UN3381, UN3382, UN3383, UN3384, UN3385, UN3386, UN3387, UN3388, UN3389, UN3390, UN3488, UN3489, UN3490, UN3491, UN3494 and UN3495; and (b) UN1098, UN1135, UN1143, UN1541, UN1605, UN1831, UN2983 and UN3079, except when carried as CDC residue.
Marine Transportation Security Regulations — (a)
(a) UN1051, UN1052, UN1092, UN1163, UN1182, UN1185, UN1238, UN1239, UN1244, UN1251, UN1259, UN1380, UN1510, UN1560, UN1569, UN1580, UN1583, UN1595, UN1613, UN1614, UN1647, UN1670, UN1672, UN1695, UN1722, UN1744, UN1745, UN1746, UN1752, UN1809, UN1892, UN1994, UN2032, UN2232, UN2285, UN2334, UN2337, UN2382, UN2407, UN2438, UN2474, UN2477, UN2478, UN2480, UN2481, UN2482, UN2483, UN2484, UN2485, UN2486, UN2487, UN2488, UN2521, UN2605, UN2606, UN2644, UN2646, UN2668, UN2740, UN2742, UN2743, UN2809, UN3023, UN3246, UN3275, UN3276, UN3278, UN3279, UN3280, UN3281 UN3294, UN3381, UN3382, UN3383, UN3384, UN3385, UN3386, UN3387, UN3388, UN3389, UN3390, UN3488, UN3489, UN3490, UN3491, UN3494 and UN3495; and
Marine Transportation Security Regulations — (b)
(b) UN1098, UN1135, UN1143, UN1541, UN1605, UN1831, UN2983 and UN3079, except when carried as CDC residue.
Marine Transportation Security Regulations — 7
7 Radioactive substances of Class 7, if the quantity in a single means of containment exceeds the least of (a) 3,000 times the A 1 value, as defined in subsection 1(1) of the Packaging and Transport of Nuclear Substances Regulations , of the radionuclides, (b) 3,000 times the A 2 value, as defined in subsection 1(1) of those Regulations, of the radionuclides, and (c) 1,000 TBq (27,000 Ci).
Marine Transportation Security Regulations — (a)
(a) 3,000 times the A 1 value, as defined in subsection 1(1) of the Packaging and Transport of Nuclear Substances Regulations , of the radionuclides,
Marine Transportation Security Regulations — (b)
(b) 3,000 times the A 2 value, as defined in subsection 1(1) of those Regulations, of the radionuclides, and
Marine Transportation Security Regulations — 8
8 The following corrosive substance of Class 8, when carried in a large means of containment or in such a quantity as to require an ERAP under section 7.1 of the Transportation of Dangerous Goods Regulations , except when carried as CDC residue: UN1754.
Canadian Tourism Commission Divestiture Regulations — a
The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u) a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act , hereby makes the annexed Canadian Tourism Commission Divestiture Regulations . a S.C. 1992, c. 46, s. 22