Marine Transportation Security Act (S.C. 1994, c. 40)

AMENDMENTS NOT IN FORCE

• — 2012, c. 17, s. 70

  • 2001, c. 29, s. 56

    • 70 (1) The portion of subsection 5(2) of the Marine Transportation Security Act before paragraph (a) is replaced by the following:

      • Offences relating to regulations — general

        (2) Every person who contravenes a regulation made under subsection (1), other than a provision that sets out an obligation described in subsection (3), is guilty of an offence punishable on summary conviction and liable

    • (2) Section 5 of the Act is amended by adding the following after subsection (2):

      • Offences — information to be reported before vessel enters Canadian waters

        (3) Every individual who contravenes, in a regulation made under subsection (1), a provision that sets out an obligation to provide information required to be reported before a vessel enters Canadian waters, is guilty of an offence and liable

        • (a) on conviction on indictment, to a fine of not more than $75,000 or to imprisonment for a term of not more than one year or to both; or

        • (b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months or to both.

• — 2012, c. 17, s. 71

  • 71 The Act is amended by adding the following after section 5:

    • Regulations — disclosure of information

      • 5.1 (1) The Governor in Council may make regulations respecting the disclosure by the Minister to departments or agencies of the Government of Canada or members or agents of such departments or agencies, for the purpose of protecting the safety or security of Canada or Canadians, of information collected for the purposes of this Act in respect of any vessel referred to in subsection (2).

      • Vessels

        (2) The vessels in respect of which the information may be disclosed are those that, in the Minister’s opinion, may pose a threat to the safety or security of Canada or Canadians.

• — 2012, c. 17, s. 72

  • 72 Section 17 of the Act is replaced by the following:

    • Offences relating to directions — operator

      • 17 (1) An operator of a vessel that contravenes a direction is guilty of an offence and liable

        • (a) on conviction on indictment

          • (i) in the case of an individual, for a first offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, and, for any subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years or to both, or

          • (ii) in the case of a corporation, for a first offence, to a fine of not more than $500,000 and, for any subsequent offence, to a fine of not more than $1,000,000; or

        • (b) on summary conviction

          • (i) in the case of an individual, for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than six months or to both, and, for any subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, or

          • (ii) in the case of a corporation, for a first offence, to a fine of not more than $250,000 and, for any subsequent offence, to a fine of not more than $500,000.

      • Offences relating to directions — vessel

        (2) A vessel that contravenes a direction is guilty of an offence and liable on summary conviction, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $200,000.

• — 2012, c. 17, s. 73

  • • 73 (1) The portion of subsection 25(4) of the Act before paragraph (a) is replaced by the following:

      • Offence

        (4) Every person who contravenes subsection (1) or (2) or any of paragraphs (3)(b) to (e) is guilty of an offence and liable

    • (2) Section 25 of the Act is amended by adding the following after subsection (4):

      • Offence

        (5) Every person who contravenes paragraph (3)(a) is guilty of an offence and liable

        • (a) on conviction on indictment

          • (i) in the case of an individual, for a first offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, and, for any subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years or to both, or

          • (ii) in the case of a corporation, for a first offence, to a fine of not more than $500,000 and, for any subsequent offence, to a fine of not more than $1,000,000; or

        • (b) on summary conviction

          • (i) in the case of an individual, for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than six months or to both, and, for any subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than one year or to both, or

          • (ii) in the case of a corporation, for a first offence, to a fine of not more than $250,000 and, for any subsequent offence, to a fine of not more than $500,000.

• — 2012, c. 17, s. 74

  • 74 Section 26 of the English version of the Act is replaced by the following:

    • Continuing offence

      26 If an offence is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted of a separate offence for each day on which the offence is committed or continued.

• — 2012, c. 17, s. 75

  • 75 Section 28 of the Act is amended by adding the following after subsection (4):

    • Vessels — proof related to directions

      (5) In a prosecution of a vessel for an offence under subsection 17(2), evidence that a direction was given to the master or to any person on board who is, or appears to be, in command or charge of the vessel, other than the pilot, is, in the absence of evidence to the contrary, proof that it was given to the vessel.

    • Vessels — proof of offence

      (6) In a prosecution of a vessel for an offence under subsection 17(2), the vessel is liable to be convicted of the offence if it is established that the offence was committed by the operator or by any person on board, other than a security inspector, whether or not the person on board has been identified, prosecuted or convicted.

• — 2012, c. 17, s. 76

  • 76 Section 29 of the Act is replaced by the following:

    • Defence

      29 A person shall not be convicted of an offence under this Act if they establish that they exercised all due diligence to prevent its commission, and a vessel shall not be convicted of an offence under subsection 17(2) if the person who committed the act or omission that constitutes the offence establishes that they exercised all due diligence to prevent its commission.

• — 2012, c. 17, s. 77

  • 77 Subsection 31(1) of the Act is replaced by the following:

    • Recovery of fines

      • 31 (1) If a fine imposed on a person or vessel convicted of an offence under this Act is not paid when required, the conviction may be registered in the superior court of the province in which the trial was held and, when registered, has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment of that court obtained by Her Majesty in right of Canada against the convicted person or vessel for a debt in the amount of the fine.