Marginal note:Security measures and security rules not statutory instruments

15. Security measures and security rules are not statutory instruments for the purposes of the Statutory Instruments Act.

Marginal note:Security threats

• 16. (1) Where the Minister has reasonable grounds to believe that a vessel is a threat to the security of any person or thing, including any goods, vessel or marine facility, the Minister may direct the vessel

  • (a) to proceed to a place specified by the Minister in accordance with any instructions the Minister may give regarding the route and manner of proceeding and to remain at the place until the Minister is satisfied that the security threat no longer exists;

  • (b) to proceed out of Canada in accordance with any instructions the Minister may give regarding the route and manner of proceeding; or

  • (c) to remain outside Canada.

• Marginal note:Inadequate security measures

  (2) The Minister may direct that a vessel registered outside Canada remain outside Canada, proceed out of Canada or not enter or dock at a marine facility if the Minister has reasonable grounds to believe that the vessel or any persons or goods on board it have not been subjected to screening or other measures equivalent to the authorized screening or other measures that would apply under this Act if the vessel were registered in Canada.

• Marginal note:Directions not statutory instruments

  (3) For greater certainty, a direction issued under this section is not a statutory instrument for the purposes of the Statutory Instruments Act, but no operator shall be found to have contravened the direction unless it is proved that, at the date of the alleged contravention, reasonable steps had been taken to bring the substance of the direction to the attention of the operator.

• Marginal note:Evidence of notice

  (4) A certificate appearing to be signed by the Minister, stating that a notice containing the direction was given to the operator of the vessel, is evidence that reasonable steps were taken to bring its substance to the attention of the operator.

Marginal note:Offences relating to directions

17. 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, 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.