Transport Publication - TP 13585 E
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 an outstanding Administrative Monetary Penalty, a fine, or a fee and a suspension, cancellation or refusal to renew 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 (CSA 2001).
2.2 The suspension or cancellation of a CMD which is a Certificate of Competency is subject to section 20.1 of the CSA 2001.
2.3 The suspension, cancellation, refusal to issue or renew licenses, permits, certificates or documents that verify the person to whom, or vessel to which it is issued have met the regulatory burden for safety, pollution prevention, or enforcement, is subject to paragraph 20.(1)(d) or subparagraph 20.(1)(g)(i) of the CSA 2001.
3 Scope
3.1 This procedure applies to situations where holders of a CMD failed to pay an outstanding Administrative Monetary Penalty, a fine or a fee and a CMD action is the appropriate option to force payment.
3.2 The CSA 2001, the Notice of Violation and the Marine enforcement manual, are clear that a response, or then, a full payment following the receipt of a Notice is a time sensitive matter. This procedure advises the regions on how to engage HO when all attempts to communicate with the recipient of a Notice have failed.
4 Responsibility
4.1 The Executive Director, Domestic Vessel Regulatory Oversight is responsible for the development, maintenance and continuous improvement of this procedure.
4.2 The Flag State, Compliance and Enforcement section (AMSDF) of TCMSS is responsible for the implementation of this procedure.
5 Procedure
5.1 AMSDF will determine whether suspension or cancellation of a CMD is the appropriate action to be taken as a result of an unpaid penalty, and then select the appropriate CMD to suspend or cancel.
5.2 If the CMD is a Certificate of Competency, AMSDF will serve the holder with a Notice of Proposed Suspension or Cancellation of a CMD, issued under Part 3 of the CSA 2001 for non-payment of a penalty or fine.
5.3 The notice will inform the holder that TCMSS proposes to suspend or cancel their Certificate of Competency if the outstanding penalty is not paid within thirty business days.
5.4 AMSDF will monitor the holder’s response and advise AMSP and the region, if the outstanding penalty is not paid by the due date. AMSDF will record any suspension or cancellation of that Certificate of Competency in the holders ACES record.
5.5 If the CMD is not a Certificate of Competency, then as per section 20(1) (d) of the CSA 2001, AMSDF will serve the holder with a Notice confirming the non-renewal, suspension or cancellation of the CMD because of non-payment of a fee, penalty or fine, and demand its return under section 18 of the Act, by a due date.
5.6 If the holder fails to respond to the notice and the penalty is still not paid by the due date, AMSDF will record the suspension or cancellation of the CMD in SIRS, and initiate a collection process or gradually escalate the enforcement action against the holder.
6 Related Documents
6.1 Canada Shipping Act, 2001
6.2 Marine Enforcement manual (RDIMS #10581646)
6.3 Notice of Proposed Suspension or Cancellation of a Canadian Maritime Document Issued under Part 3 of the Canada Shipping Act, 2001 because of Non-payment of Penalty or Fine (RDIMS #6751360)
6.4 Notice of Proposed Non-Renewal, Suspension or Cancellation of a Canadian Maritime Document because of non-payment of a fee, penalty or fine (RDIMS #2458228)
6.5 Notice of Confirming Non-Renewal of a Canadian Maritime Document because of Non Payment of Fee, Penalty or Fine (RDIMS #2458259)
7 Date of Application
7.1 This procedure comes into effect May 16, 2018.
8 Date for Review
8.1 This procedure will be reviewed twelve months after it comes into force and at a frequency of not less than 3 years thereafter.
9 RDIMS Reference
9.1 This is the second approved and finalized revision of this document.
9.2 The English version of this document is saved in RDIMS under reference number 6721822.
9.3 La version française du présent document est dans le SGDDI et porte le numéro de reference 6792650.
10 Keywords
- Canadian Maritime Document
- Suspension
- Cancellation
- Monetary
- Penalty
Appendix 1: Process Flowchart
Description
- Holder of a Canadian Maritime Document fails to pay outstanding Administrative Monetary Penalty (AMP). AMSDF sends document holder a Notice of suspension or cancellation. Is the CMD a Certificate of Competency?
- Yes. AMSDF sends holder a Notice of proposed suspension or Cancellation. Penalty paid within 30 days?
- Yes. Case Closed.
- No. AMSDF amends ACES to reflect suspension or cancellation. Certificate is suspended. Collection or enforcement procedures will follow.
- No. AMSDF sends document holder a Notice, confirming the cancellation or suspension, and demands return of the CMD. CMD will remain suspended or cancelled as long as penalty remains unpaid. AMSDF amends SIRS to reflect suspension or cancellation. Certificate is suspended. Collection or enforcement procedures will follow.
- Yes. AMSDF sends holder a Notice of proposed suspension or Cancellation. Penalty paid within 30 days?