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

Act current to 2014-09-15 and last amended on 2008-06-18. Previous Versions

Marginal note:Search and seizure

 For greater certainty, sections 487 to 492 of the Criminal Code apply in relation to this Act, but a security inspector may exercise the powers of search and seizure provided in section 487 without a warrant if the conditions for obtaining a warrant exist but the circumstances are such that the delay necessary to obtain a warrant would result in danger to human life or safety.

Marginal note:Assistance to inspectors
  •  (1) The operator of any vessel or marine facility boarded or entered by a security inspector who is carrying out functions under this Act, and every person found there, shall give the inspector all reasonable assistance in that person’s power to enable the inspector to carry out those functions.

  • Marginal note:Obstruction of inspectors

    (2) When a security inspector is carrying out functions under this Act, no person shall fail to comply with any reasonable request of the inspector or otherwise wilfully obstruct the inspector.

  • Marginal note:Other prohibitions

    (3) No person shall

    • (a) knowingly make any false or misleading statement or knowingly provide false or misleading information to a security inspector or other person carrying out functions under this Act;

    • (b) wilfully destroy any record or document required to be kept under this Act;

    • (c) make a false entry in a record required to be kept under this Act with intent to mislead, or wilfully omit to make any entry in such a record;

    • (d) remove, alter or interfere in any way with anything seized by a security inspector, except with the inspector’s permission; or

    • (e) wilfully operate a vessel that has been detained under this Act, unless authorized to do so under this Act.

  • Marginal note:Offence

    (4) Every person who contravenes this section is guilty of an offence and liable

    • (a) on conviction on indictment

      • (i) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both, or

      • (ii) in the case of a corporation, to a fine not exceeding $200,000; or

    • (b) on summary conviction

      • (i) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both, or

      • (ii) in the case of a corporation, to a fine not exceeding $100,000.

GENERAL PROVISIONS RELATING TO OFFENCES

Marginal note:Continuing offence

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

Marginal note:Limitation period for summary conviction offences

 Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.