Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Notice of violation

• 232. (1) A person or vessel served with a notice of violation must pay the amount of the penalty or may, within 30 days after being served and in the prescribed manner, request a review by an adjudicator of the facts of the violation or the amount of the penalty.

• Marginal note:Burden of proof

  (2) In the case of a review of the facts of a violation,

  • (a) the burden is on the Minister to establish, on a balance of probabilities, that the person or vessel named in the notice of violation committed the violation; and

  • (b) the person is not required and shall not be compelled to give any evidence or testimony in the matter.

• Marginal note:When review not requested

  (3) If a review is not requested of the facts of the violation, the person or vessel is deemed to have committed the violation in respect of which the notice was served.

Marginal note:How contravention may be proceeded with

233. If a contravention can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that contravention as a violation or recommend that it be proceeded with as an offence, but it may be proceeded with only as one or the other.

Marginal note:Debts due to Her Majesty

234. The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:

• (a) unless a review of the amount of the penalty is requested under subsection 232(1), the amount of a penalty set out in a notice of violation, from the time the notice is served;

• (b) the amount that a notice of default served under subsection 231(2) provides that a person is liable to pay, from the time the notice is served;

• (c) the amount of a penalty determined by an adjudicator on a review under subsection 232(1), from the time the adjudicator gives their decision; and

• (d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).

Marginal note:Certificate of default

• 235. (1) A debt referred to in section 234 in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

• Marginal note:Judgments

  (2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration.

Marginal note:Violations are not offences

236. For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.