Marginal note:Operators to post notices

• 21. (1) When authorized screening is required or authorized on a vessel or at a marine facility, the operator of the vessel or facility shall post notices stating that

  • (a) authorized screening is being carried out;

  • (b) no person is obliged to undergo authorized screening of their person if they choose not to board a vessel or enter a restricted area; and

  • (c) no person is obliged to permit authorized screening of their goods if they choose not to have the goods placed on board the vessel or in the restricted area.

• Marginal note:Placement and languages of notices

  (2) The notices must be posted in prominent places where authorized screening is carried out and they must be written in both of the official languages of Canada and may, in addition, be written in any other language.

• Marginal note:Offence

  (3) Every person who contravenes this section is guilty of an offence punishable on summary conviction and liable

  • (a) in the case of an individual, to a fine not exceeding $1,000; or

  • (b) in the case of a corporation, to a fine not exceeding $10,000.

Marginal note:Designation of security inspectors

• 22. (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as security inspectors for the purposes of this Act or any of its provisions.

• Marginal note:Certificate of designation

  (2) The Minister shall furnish every security inspector with a certificate of designation as a security inspector and, on entering any place or inspecting anything, a security inspector shall show the certificate to the person apparently in charge of the place or thing if the person requests proof of the security inspector’s designation.

Marginal note:Inspection of vessels and marine facilities

• 23. (1) For the purpose of ensuring compliance with this Act and any regulation, security measure or security rule, a security inspector may at any reasonable time, but subject to subsection (3), board and inspect any vessel or enter and inspect any marine facility if the inspector is designated to inspect the vessel or facility.

• Marginal note:Powers of inspector

  (2) When conducting the inspection, the security inspector may

  • (a) require the attendance of and question any person who the inspector considers will be able to assist in the inspection;

  • (b) require any person to produce for inspection and copying any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulation, security measure or security rule;

  • (c) seize anything found in the course of the inspection that the inspector believes, on reasonable grounds, will afford evidence with respect to an offence under this Act; and

  • (d) detain any vessel that the inspector believes, on reasonable grounds, is a threat to the security of any person, goods, vessel or marine facility, until the inspector is satisfied that the vessel is no longer such a threat.

• Marginal note:Warrant required to enter dwelling-place

  (3) A security inspector may not enter a dwelling-place except under the authority of a warrant or with the consent of the occupant or person apparently in charge of it.

• Marginal note:Authority to issue warrant

  (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

  • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,

  • (b) entry is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) entry has been refused or there are reasonable grounds for believing that entry will be refused,

  the justice may at any time sign and issue a warrant authorizing the security inspector named in the warrant to enter the dwelling-place subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

  (5) The security inspector who executes the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.