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Canada Shipping Act, 2001

Version of section 28 from 2023-06-22 to 2024-02-06:


Marginal note:Application

  •  (1) Any person may, in respect of a requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) that applies in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, apply to the Marine Technical Review Board for a decision to exempt the applicant from the requirement or to replace it with another requirement.

  • Marginal note:Form and manner

    (2) An application must be made in the form and manner, include the information and be accompanied by the documents specified by the Board.

  • Marginal note:Further evidence

    (3) In addition to the specified information and documents, the Board may require an applicant to provide evidence, including declarations, that the Board considers necessary.

  • Marginal note:Grant of application

    (4) If the panel struck to decide the application is satisfied that the exemption or replacement is in the public interest and would not jeopardize marine safety or the marine environment and, in the case of an application to replace a requirement with respect to safety, the replacement would result in an equivalent or greater level of safety, the panel is to issue a decision granting the application, subject to any conditions and for the period that the panel considers appropriate.

  • Marginal note:Applicant to be notified

    (5) The Chair is to notify the applicant of the decision to grant or deny the application.

  • Marginal note:Publication

    (6) If the decision is to grant the application, the Chair must publish the decision in the manner that the Chair considers appropriate.

  • Marginal note:Duty to inform

    (7) If a person has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the person shall inform the Chair without delay.

  • Marginal note:Decisions based on false or misleading information

    (8) If the Chair has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the Chair may strike a panel in accordance with section 27 and the panel may confirm, cancel or vary the decision.

  • Marginal note:Contravention

    (9) A contravention of a requirement that is substituted for another requirement as a result of a panel decision under subsection (4) is deemed to be a contravention of the original requirement.

  • Marginal note:Rules

    (10) The Board must make rules respecting its procedure, with the approval of the Minister of Transport.

  • Marginal note:Annual report

    (11) As soon as feasible after the end of each fiscal year, the Chair must submit to the Minister of Transport a report of the Board’s operations in that year.

  • 2001, c. 26, s. 28
  • 2023, c. 26, s. 358

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