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

Act current to 2016-09-18 and last amended on 2008-06-18. Previous Versions

Marginal note:Notices and service of documents

 The Governor in Council may make regulations respecting

  • (a) the form and manner of giving notice under this Act; and

  • (b) the service of documents required or authorized to be served under this Act, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served.

  • 1994, c. 40, s. 6;
  • 2001, c. 29, s. 56.

Security Measures

Marginal note:Minister may formulate security measures
  •  (1) The Minister may formulate measures respecting the security of marine transportation, including measures containing provisions that may be included in the regulations.

  • Marginal note:Operators to carry out security measures

    (2) The Minister may, by notice in writing, require or authorize the operator of a vessel or marine facility to carry out the security measures, and the measures may apply instead of or in addition to any provision of the regulations.

Marginal note:Minister may carry out security measures
  •  (1) The Minister may carry out security measures on any vessel or at any marine facility where the Minister considers that the security of persons or goods is not adequately protected or is not protected in accordance with this Act, the regulations and any applicable security measures and security rules.

  • Marginal note:Liability for costs

    (2) The operators of the vessel or marine facility are jointly and severally liable to Her Majesty in right of Canada for the costs incurred by the Minister in carrying out the security measures.

Marginal note:Offences relating to security measures

 Every operator who does not carry out security measures that the operator is required to carry out, and every person who wilfully obstructs a person who is carrying out security measures, 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.

Security Rules

Marginal note:Purpose of section
  •  (1) The purpose of this section is to allow operators of vessels and marine facilities to formulate and operate under security rules as an alternative to security measures required or authorized by the Minister, but this section does not limit the authority of the Minister to require or authorize security measures.

  • Marginal note:Formulation of rules

    (2) The operator of a vessel or marine facility may formulate rules respecting any matter relating to the security of the vessel or facility and the operator may submit the rules to the Minister for approval.

  • Marginal note:Minister may request rules

    (3) The Minister may, by notice in writing, request the operator of a vessel or marine facility

    • (a) to formulate rules respecting any matter specified in the notice relating to the security of the vessel or facility; and

    • (b) to submit the rules to the Minister within any period specified in the notice.

  • Marginal note:Consultation

    (4) Before submitting the rules, the operator shall consult persons who are likely to be directly affected by the rules, including any persons specified in the notice by the Minister.

  • Marginal note:Results of consultation

    (5) When submitting the rules, the operator shall also submit a statement identifying the persons consulted and describing any disagreement they may have expressed about the rules.

  • Marginal note:Approval of rules

    (6) Within one hundred and twenty days after the rules have been submitted, the Minister shall decide whether to approve them and shall notify the operator of the decision in writing and, if the Minister approves the rules,

    • (a) the Minister may make the approval subject to any conditions the Minister considers appropriate;

    • (b) the operator shall notify the persons who were consulted that the rules have been approved; and

    • (c) the operator shall carry out the rules and any conditions of their approval until the approval is revoked.

  • Marginal note:Rules not approved

    (7) If the Minister decides not to approve the rules, the Minister shall give the operator reasons for the decision and the Minister may request the operator to revise and resubmit the rules within any period that the Minister may specify.

  • Marginal note:Amendments to security rules

    (8) Amendments to security rules may be submitted and approved in the same way as are the security rules they amend and, when approved, have the same effect.

  • Marginal note:Revocation of approval

    (9) The Minister may revoke the approval of security rules, either at the request of the operator or otherwise.

Marginal note:Offences relating to security rules

 Every operator who does not carry out security rules and conditions approved by the Minister in relation to the operator, and every person who wilfully obstructs a person who is carrying out security rules, 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.

 [Repealed, 2008, c. 21, s. 64]

Exemptions

Marginal note:Exemption by Minister

 The Minister may, on any terms and conditions the Minister considers necessary, exempt any person, vessel or marine facility from the application of any regulation, security measure or security rule if, in the opinion of the Minister, the exemption is in the public interest and is not likely to affect marine security.

Confidentiality of Security Measures and Security Rules

Marginal note:Prohibition against disclosure
  •  (1) No person shall disclose to any other person the substance of a security measure, security rule or proposed security rule unless the disclosure is

    • (a) authorized by the Minister;

    • (b) ordered by a court or other body under section 14;

    • (c) required by any law; or

    • (d) necessary to give effect to the measure or rule.

  • Marginal note:Offence

    (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction and liable

    • (a) 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

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

Marginal note:Court to inform Minister
  •  (1) Where a request is made for the production or discovery of a security measure, security rule or proposed security rule in any proceeding before a court or other body having jurisdiction to compel its production or discovery, the court or other body shall

    • (a) notify the Minister of the request, if the Minister is not a party to the proceeding; and

    • (b) examine the measure or rule in a hearing closed to the public and give the Minister a reasonable opportunity to make representations with respect to it.

  • Marginal note:Order for production and discovery

    (2) If the court or other body concludes that the public interest in the proper administration of justice outweighs the interests that would be protected by non-disclosure, the court or other body

    • (a) shall order the production and discovery of the measure or rule, subject to any restrictions or conditions that the court or other body considers appropriate; and

    • (b) may require any person to give evidence relating to the measure or rule.

 
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