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

Act current to 2019-11-19 and last amended on 2008-06-18. Previous Versions

Marine Transportation Security Act

S.C. 1994, c. 40

Assented to 1994-12-15

An Act to provide for the security of marine transportation

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    authorized screening

    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; (contrôle)

    Canadian ship

     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; (navire canadien)

    goods

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

    marine facility

    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; (installation maritime)

    Minister

    Minister means the Minister of Transport; (ministre)

    operator

    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; (exploitant)

    proposed security rule

    proposed security rule means a rule submitted for the approval of the Minister under section 10; (règle de sûreté proposée)

    restricted area

    restricted area means an area established under any regulation, security measure or security rule to which access is restricted to authorized persons; (zone réglementée)

    screening officer

    screening officer means a person designated by the Minister under section 19.1 as a screening officer for the purposes of this Act; (agent de contrôle)

    security inspector

    security inspector means a person designated by the Minister under section 22 as a security inspector for the purposes of this Act; (inspecteur)

    security measure

    security measure means a measure formulated by the Minister under section 7; (mesure de sûreté)

    security rule

    security rule means a rule approved by the Minister under section 10; (règle de sûreté)

    Tribunal

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

    vessel

    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. (bâtiment)

  • 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.

  • 1994, c. 40, s. 2
  • 2001, c. 26, s. 306, c. 29, s. 55

Application

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Application to vessels and marine facilities

  •  (1) Subject to subsections (2) and (3), this Act applies in respect of

    • (a) vessels and marine facilities in Canada;

    • (b) Canadian ships outside Canada; and

    • (c) marine installations and structures, as provided in sections 5 and 6 of the Canadian Laws Offshore Application Act.

  • Marginal note:Limitation

    (2) This Act does not apply so as to require or authorize any person outside Canada to contravene the law of a foreign country or any Canadian ship outside Canada to be operated in contravention of that law.

  • Marginal note:Limitation - military vessels, etc.

    (3) This Act does not apply in respect of

    • (a) vessels and marine facilities operated under the authority of the Minister of National Defence; or

    • (b) military vessels of a foreign country to the extent that the Minister of National Defence may exempt them from the application of this Act.

Regulations

Marginal note:Regulations respecting security

  •  (1) The Governor in Council may make regulations respecting the security of marine transportation, including regulations

    • (a) for preventing unlawful interference with marine transportation and ensuring that appropriate action is taken where that interference occurs or could occur;

    • (b) requiring or authorizing screening for the purpose of protecting persons, goods, vessels and marine facilities;

    • (c) respecting the establishment of restricted areas;

    • (d) respecting the keeping and preservation of records and documents relating to the security of marine operations, including copies of the regulations, security measures and security rules;

    • (e) for requiring the records and documents to be filed with the Minister or provided on request; and

    • (f) respecting the protection, preservation and return of any evidence that has been seized under this Act without a warrant or any vessel that has been detained under this Act.

  • Marginal note:Offences relating to the regulations

    (2) Every person who contravenes a regulation made under 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.

  • 1994, c. 40, s. 5
  • 2001, c. 29, s. 56

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
 
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