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

Act current to 2022-06-20 and last amended on 2008-06-18. Previous Versions

Confidentiality of Security Measures and Security Rules (continued)

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.

Marginal note:Security measures and security rules not statutory instruments

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

Directions to Vessels

Marginal note:Security threats

  •  (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

 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

 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

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

  • 1994, c. 40, s. 19
  • 2001, c. 29, s. 57

Marginal note:Designation of screening officers

 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.

  • 2001, c. 29, s. 57

Marginal note:Refusal to designate, etc.

  •  (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

  •  (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.

  • 2001, c. 29, s. 57

Marginal note:Request for review

  •  (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.

  • 2001, c. 29, s. 57

Marginal note:Time and place for review

  •  (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.

  • 2001, c. 29, s. 57

Marginal note:Right of appeal

  •  (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.

  • 2001, c. 29, s. 57

Marginal note:Decision to remain in effect pending reconsideration

 If a matter is referred back to the Minister for reconsideration under paragraph 19.5(4)(a) or 19.6(3)(a), the decision of the Minister under subsection 19.2(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 19.2(1) to suspend or cancel a designation until the reconsideration is concluded, if the member or panel is satisfied that granting a stay would not constitute a threat to marine transportation security.

  • 2001, c. 29, s. 57

Marginal note:Reconsideration

  •  (1) In the case of a decision made under subsection 19.2(3), if the appeal panel has, on an appeal under section 19.6, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 19.5(4)(a) or 19.6(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to marine transportation security.

  • Marginal note:Procedure applicable

    (2) On the receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 19.3 to 19.7 apply in respect of that decision with any modifications that are necessary.

  • 2001, c. 29, s. 57

Marginal note:Screening before boarding

  •  (1) A screening officer may require a person or any goods to undergo authorized screening before the person or goods come on board a vessel or enter a restricted area and, where so required,

    • (a) the person shall not board the vessel or enter the restricted area unless the person has undergone the authorized screening; and

    • (b) no person shall bring the goods on board the vessel or into the restricted area unless the goods have undergone the authorized screening.

  • Marginal note:Screening after boarding or in restricted areas

    (2) A screening officer may require a person on board a vessel or in a restricted area to undergo authorized screening and, if the person refuses,

    • (a) the officer may order the person to leave the vessel or restricted area and to remove from it any goods that the person took or had placed there; and

    • (b) the person shall leave the vessel or restricted area and remove or permit the removal of the goods immediately or, in the case of a vessel that is not docked, at the first reasonable opportunity.

  • Marginal note:Unaccompanied goods

    (3) A screening officer may carry out authorized screening of any goods that are received at a marine facility for transport on a vessel and are not accompanied by a person who may give permission for the screening and the officer may use any force that is reasonably necessary to gain access to the goods.

  • Marginal note:False or misleading information

    (4) Every person who knowingly makes any false or misleading statement to a screening officer, or knowingly provides false or misleading information to a screening officer, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

  • Marginal note:Circumventing authorized screening

    (5) Every person who contravenes subsection (2) or who wilfully circumvents authorized screening in any manner is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both; or

    • (b) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

Marginal note:Operators to post notices

  •  (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.

 
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