|
PROCESS FOR THE REVIEW OF DETENTION ORDERS 2 Purpose 2.1 The purpose of this procedure is to set out the process to be followed for the review of detention orders and for reconsideration of reviews of detention orders. 3 Authority 3.1 This procedure is established under the general authority of the Chair of the Marine Technical Review Board (MTRB) and pursuant to the Vessel Detention Orders Review Regulations. 4 Background 4.1 On application, the MTRB must review vessel detention orders by reason of the Vessel Detention Orders Review Regulations. 4.2 This procedure is established to provide furtherdetails on the processfor vessel detention order review set out in Tier I – Policy – Review of Detention Orders by the Marine Technical Review Board and in the Vessel Detention OrdersReview Regulations. 5 Scope 5.1 This procedure applies to all applications for a review, or a reconsideration of a review, of a detention order submitted to the MTRB. 6 Responsibility 6.1 The Chair of the MTRB is responsible for the development, implementation and maintenance of this procedure. 7 Procedure 7.1 Review by the RegionalVice-Chair 7.1.1 The authorized representative of a detainedvessel can submit an application for a review of a detention order to the MTRB Secretariat within30 days of the day on which thenotice of detention order was served. 7.1.2 The MTRB Secretariat will acknowledge receipt of the application and invite further submissions. The MTRB Secretariat will review the application to ensure that all necessary information is includedand threshold legal requirements are met. The MTRB Secretariat will contactthe authorized representative if the applicationis defective. 7.1.3 If or when the application is complete and all submissions are received, the MTRB Secretariat will forward the application to the National Vice-Chair. The National Vice-Chair will appointthe Regional Vice-Chair of the region in which the detentionorder was made to review it. 7.1.4 The RegionalVice-Chair will ask the marine safety inspectorthat detained the vesselto provide a detailedwritten report regarding the detentionand all documents and evidence supporting the detention. 7.1.5 The RegionalVice-Chair will forward the report of the inspector and the documents/evidence to the authorized representative for his or her comments. The Regional Vice-Chair will forward the application to the inspector for his or her comments. 7.1.6 The RegionalVice-Chair will consider all relevantinformation regarding the detention order,including the application, the inspector’s reportand any other oral or written representations from any relevantparty, and will make a decisionto confirm, rescind or varythe detention order. 7.1.7 Prior to issuing the decision, the Regional-Vice Chair will forward a draft of the decision to the MTRB Secretariat so that consistencyin the form of decisions is maintained. 7.1.8 The RegionalVice-Chair will notify the authorized representative,the National Vice-Chair and the MTRB Secretariat of the decision, and will enterthe decision information into the MTRB database. 7.2 Reconsideration by the Chair 7.2.1 Within 30 days of the day on which the authorized representative receivesnotification of the Regional Vice-Chair’s decision, he or she may apply to the MTRB Secretariat for a reconsideration of the decision by the Chair. 7.2.2 The MTRB Secretariat will acknowledge receipt of the application and invite further submissions. The MTRB Secretariat will review the application to ensure that all necessary information is includedand threshold legal requirements are met. The MTRB Secretariat will contactthe authorized representative if the applicationis defective. 7.2.3 If or when the application is complete and all submissions are received, the MTRB Secretariat will forward the application to the Chair for his consideration. 7.2.4 The RegionalVice-Chair forwards to the Chairall submissions and information relied on in makinghis or her decision. 7.2.5 The Chair will consider all relevant information regarding the detention order and the decision of the RegionalVice-Chair, including the submissions made at the first level of review and any other oral or writtenrepresentations from any relevantparty, and will make a decision to confirm, rescind or vary the decision. 7.2.6 The MTRB Secretariat will notify the authorized representative of the Chair’s decision, andwill also enterthe decision informationinto the MTRB database. 8 Related Documents 8.1 Tier I - Policy– Review of Detention Ordersby the Marine Technical Review Board – RDIMS 3943907 9 Date of Application 9.1 This procedure comes into effect on April 14, 2008. 10 Date for Review 10.1 Thisprocedure will be reviewed twelvemonths after it comesinto force. 11 RDIMS Reference 11.1 The English versionof this document is saved in RDIMSunder reference number 3984038. The applied naming convention is PUBLICATION – TP 13585 – PROCEDURE - PROCESS FOR THE REVIEW OF DETENTION ORDERS. 11.2 La version fran?aise du présent documentest dans le SGDDI et porte le numéro de référence 3996559. La règle d'affectationdes noms est PUBLICATION – TP 13585 – PROCéDURE - PROCESSUS D’EXAMENDES ORDONNANCES DE DéTENTION. 11.3 This is the first approvedand finalized revision of the English version of this document. 12 Keywords § Marine Technical ReviewBoard § Detention Orders § Review of DetentionOrders |
|
|
