Marginal note:Short title

1. This Act may be cited as the Marine Transportation Security Act.

Marginal note:Definitions

• 2. (1) In this Act,

  “authorized screening”

  « contrôle »

  “authorized screening” means anything authorized or required to be done under any regulation, security measure or security rule for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on board vessels and at marine facilities;

  “Canadian ship”

  « navire canadien »

   “Canadian ship” means a vessel registered under the Canada Shipping Act, 2001  or registered in Canada before August 1, 1936 under the Merchant Shipping Act, 1894  of the Parliament of the United Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or amending that Act;

  “goods”

  « bien »

  “goods” means anything that may be taken or placed on board a vessel, including personal belongings, baggage and cargo;

  “marine facility”

  « installation maritime »

  “marine facility” includes

  • (a) an area of land, water, ice or other supporting surface used, designed, prepared, equipped or set apart for use, either in whole or in part, for the arrival, departure, movement or servicing of vessels,

  • (b) buildings, installations and equipment on the area, associated with it or used or set apart for handling or storing goods that have been or are destined to be transported on a vessel,

  • (c) equipment and facilities used to provide services relating to marine transportation, and

  • (d) marine installations and structures, as defined in section 2 of the Canadian Laws Offshore Application Act;

  “Minister”

  « ministre »

  “Minister” means the Minister of Transport;

  “operator”

  « exploitant »

  “operator” means

  • (a) when used in respect of a vessel,

    • (i) the actual owner of the vessel, if it is not registered, or the registered owner, if it is registered,

    • (ii) a person having a beneficial interest in the vessel, including an interest arising under contract and any other equitable interest, other than an interest by way of a mortgage,

    • (iii) a lessee or charterer of the vessel who is responsible for its navigation, or

    • (iv) a master or other person who has command or charge of the vessel, other than a pilot, and

  • (b) when used in respect of a marine facility, a person who has the charge, management and control of the facility, whether on that person’s own account or as an agent of another person;

  “proposed security rule”

  « règle de sûreté proposée »

  “proposed security rule” means a rule submitted for the approval of the Minister under section 10;

  “restricted area”

  « zone réglementée »

  “restricted area” means an area established under any regulation, security measure or security rule to which access is restricted to authorized persons;

  “screening officer”

  « agent de contrôle »

  “screening officer” means a person designated by the Minister under section 19.1 as a screening officer for the purposes of this Act;

  “security inspector”

  « inspecteur »

  “security inspector” means a person designated by the Minister under section 22 as a security inspector for the purposes of this Act;

  “security measure”

  « mesure de sûreté »

  “security measure” means a measure formulated by the Minister under section 7;

  “security rule”

  « règle de sûreté »

  “security rule” means a rule approved by the Minister under section 10;

  “Tribunal”

  « Tribunal »

   “Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act ;

  “vessel”

  « bâtiment »

  “vessel” includes a dredge, floating elevator, floating home, floating oil rig, seaplane, raft, log or lumber boom, air cushion vehicle and any type of ship, boat or craft used or capable of being used for marine navigation, regardless of how it is propelled.

• Marginal note:References to the Minister

  (2) Where a provision of this Act authorizes or requires the Minister to do anything, the Minister may authorize it to be done by a person appointed to serve in the Department of Transport in an appropriate capacity and references to the Minister in the provision shall be interpreted as including that person.