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

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.

Directions to Vessels

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.

Notices to Operators

Marginal note:Effect of giving notice

18 A notice given to an operator of a vessel or marine facility or to an agent of the operator is effective with respect to that operator and any other operator of the vessel or marine facility.

Screening

Definition of designation

19 For the purposes of sections 19.1 to 19.8, designation includes any privilege accorded by a designation.

Marginal note:Designation of screening officers

19.1 The Minister may designate persons or classes of persons to act as screening officers for the purposes of this Act or any of its provisions.

Marginal note:Refusal to designate, etc.

• 19.2 (1) The Minister may refuse to designate a person as a screening officer under section 19.1, or may suspend, cancel or refuse to renew the designation of a person as a screening officer, if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation.

• Marginal note:Suspension or cancellation of designation for contraventions

  (2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has contravened this Act or any regulation, security measure or security rule, or any condition referred to in subsection 10(6).

• Marginal note:Suspension for immediate threat

  (3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to marine transportation security.

  • 2001, c. 29, s. 57

Marginal note:Notice

• 19.3 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew a person’s designation as a screening officer, the Minister shall notify the person of that decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall include

  • (a) the grounds for the Minister’s decision; and

  • (b) the address at which, and the date, being thirty days after the notice is given, on or before which, the person may file a request for a review of the decision.

• Marginal note:Effective date of suspension or cancellation

  (3) In the case of a suspension or cancellation, the effective date of the decision shall not be earlier than

  • (a) in the case of a decision made under subsection 19.2(1) or (3), the day that the notice was received by the person; and

  • (b) in the case of a decision made under subsection 19.2(2), the thirtieth day after the notice is given.

Marginal note:Request for review

• 19.4 (1) A person affected by a decision of the Minister under section 19.2 may, on or before the date specified in the notice under subsection 19.3(1) or within any further time that the Tribunal on application allows, file a written request for a review of the decision.

• Marginal note:Effect of request

  (2) A request under subsection (1) for a review of a decision of the Minister does not operate as a stay of the decision.

• Marginal note:Exception

  (3) On application in writing by the person affected by a decision made under subsection 19.2(2), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, unless he or she is of the opinion that granting a stay would constitute a threat to marine transportation security.

Marginal note:Time and place for review

• 19.5 (1) On receipt of a request filed under subsection 19.4(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Person not compelled to testify

  (3) In a review of a decision made under subsection 19.2(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination

  (4) The member may

  • (a) in the case of a decision made under subsection 19.2(1) or (3), confirm the decision or refer the matter back to the Minister for reconsideration; or

  • (b) in the case of a decision made under subsection 19.2(2), confirm the decision or substitute his or her own determination.

Marginal note:Right of appeal

• 19.6 (1) Within thirty days after the determination,

  • (a) a person affected by the determination may appeal a determination made under paragraph 19.5(4)(a) to the Tribunal; or

  • (b) a person affected by the determination or the Minister may appeal a determination made under paragraph 19.5(4)(b) to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may

  • (a) in the case of a determination made under paragraph 19.5(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

  • (b) in the case of a determination made under paragraph 19.5(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.