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Version of document from 2002-12-31 to 2004-11-30:

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

    contrôle

    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

    navire canadien

    Canadian ship means a ship registered in Canada under the Canada Shipping Act 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

    bien

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

    marine facility

    installation maritime

    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

    ministre

    Minister means the Minister of Transport; (ministre)

    operator

    exploitant

    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

    règle de sûreté proposée

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

    restricted area

    zone réglementée

    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

    agent de contrôle

    screening officer means a person designated by the Minister under section 19 as a screening officer for the purposes of this Act; (agent de contrôle)

    security inspector

    inspecteur

    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

    mesure de sûreté

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

    security rule

    règle de sûreté

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

    vessel

    bâtiment

    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.

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

 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

 Every person who contravenes the regulations 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.

Security Measures

Marginal note:Minister may formulate security measures

  •  (1) The Minister may formulate measures respecting the security of marine transportation, including measures containing provisions that may be included in the regulations.

  • Marginal note:Operators to carry out security measures

    (2) The Minister may, by notice in writing, require or authorize the operator of a vessel or marine facility to carry out the security measures, and the measures may apply instead of or in addition to any provision of the regulations.

Marginal note:Minister may carry out security measures

  •  (1) The Minister may carry out security measures on any vessel or at any marine facility where the Minister considers that the security of persons or goods is not adequately protected or is not protected in accordance with this Act, the regulations and any applicable security measures and security rules.

  • Marginal note:Liability for costs

    (2) The operators of the vessel or marine facility are jointly and severally liable to Her Majesty in right of Canada for the costs incurred by the Minister in carrying out the security measures.

Marginal note:Offences relating to security measures

 Every operator who does not carry out security measures that the operator is required to carry out, and every person who wilfully obstructs a person who is carrying out security measures, 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.

Security Rules

Marginal note:Purpose of section

  •  (1) The purpose of this section is to allow operators of vessels and marine facilities to formulate and operate under security rules as an alternative to security measures required or authorized by the Minister, but this section does not limit the authority of the Minister to require or authorize security measures.

  • Marginal note:Formulation of rules

    (2) The operator of a vessel or marine facility may formulate rules respecting any matter relating to the security of the vessel or facility and the operator may submit the rules to the Minister for approval.

  • Marginal note:Minister may request rules

    (3) The Minister may, by notice in writing, request the operator of a vessel or marine facility

    • (a) to formulate rules respecting any matter specified in the notice relating to the security of the vessel or facility; and

    • (b) to submit the rules to the Minister within any period specified in the notice.

  • Marginal note:Consultation

    (4) Before submitting the rules, the operator shall consult persons who are likely to be directly affected by the rules, including any persons specified in the notice by the Minister.

  • Marginal note:Results of consultation

    (5) When submitting the rules, the operator shall also submit a statement identifying the persons consulted and describing any disagreement they may have expressed about the rules.

  • Marginal note:Approval of rules

    (6) Within one hundred and twenty days after the rules have been submitted, the Minister shall decide whether to approve them and shall notify the operator of the decision in writing and, if the Minister approves the rules,

    • (a) the Minister may make the approval subject to any conditions the Minister considers appropriate;

    • (b) the operator shall notify the persons who were consulted that the rules have been approved; and

    • (c) the operator shall carry out the rules and any conditions of their approval until the approval is revoked.

  • Marginal note:Rules not approved

    (7) If the Minister decides not to approve the rules, the Minister shall give the operator reasons for the decision and the Minister may request the operator to revise and resubmit the rules within any period that the Minister may specify.

  • Marginal note:Amendments to security rules

    (8) Amendments to security rules may be submitted and approved in the same way as are the security rules they amend and, when approved, have the same effect.

  • Marginal note:Revocation of approval

    (9) The Minister may revoke the approval of security rules, either at the request of the operator or otherwise.

Marginal note:Offences relating to security rules

 Every operator who does not carry out security rules and conditions approved by the Minister in relation to the operator, and every person who wilfully obstructs a person who is carrying out security rules, 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.

Exemptions

Marginal note:Exemption by Minister

 The Minister may, on any terms and conditions the Minister considers necessary, exempt any person, vessel or marine facility from the application of any regulation, security measure or security rule if, in the opinion of the Minister, the exemption is in the public interest and is not likely to affect marine security.

Confidentiality of Security Measures and Security Rules

Marginal note:Prohibition against disclosure

  •  (1) No person shall disclose to any other person the substance of a security measure, security rule or proposed security rule unless the disclosure is

    • (a) authorized by the Minister;

    • (b) ordered by a court or other body under section 14;

    • (c) required by any law; or

    • (d) necessary to give effect to the measure or rule.

  • Marginal note:Offence

    (2) Every person who contravenes 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.

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

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.

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.

Enforcement

Marginal note:Designation of security inspectors

  •  (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

  •  (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.

Marginal note:Search and seizure

 For greater certainty, sections 487 to 492 of the Criminal Code apply in relation to this Act, but a security inspector may exercise the powers of search and seizure provided in section 487 without a warrant if the conditions for obtaining a warrant exist but the circumstances are such that the delay necessary to obtain a warrant would result in danger to human life or safety.

Marginal note:Assistance to inspectors

  •  (1) The operator of any vessel or marine facility boarded or entered by a security inspector who is carrying out functions under this Act, and every person found there, shall give the inspector all reasonable assistance in that person’s power to enable the inspector to carry out those functions.

  • Marginal note:Obstruction of inspectors

    (2) When a security inspector is carrying out functions under this Act, no person shall fail to comply with any reasonable request of the inspector or otherwise wilfully obstruct the inspector.

  • Marginal note:Other prohibitions

    (3) No person shall

    • (a) knowingly make any false or misleading statement or knowingly provide false or misleading information to a security inspector or other person carrying out functions under this Act;

    • (b) wilfully destroy any record or document required to be kept under this Act;

    • (c) make a false entry in a record required to be kept under this Act with intent to mislead, or wilfully omit to make any entry in such a record;

    • (d) remove, alter or interfere in any way with anything seized by a security inspector, except with the inspector’s permission; or

    • (e) wilfully operate a vessel that has been detained under this Act, unless authorized to do so under this Act.

  • Marginal note:Offence

    (4) Every person who contravenes this section 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.

General Provisions Relating to Offences

Marginal note:Continuing offence

 Where an offence is committed or continued on more than one day, the person who committed it is liable to be convicted of a separate offence for each day on which the offence is committed or continued.

Marginal note:Limitation period for summary conviction offences

 Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.

Marginal note:Offence by employee or agent

  •  (1) A person is liable to be convicted of an offence committed by their employee or agent, whether or not the employee or agent has been identified, prosecuted or convicted.

  • Marginal note:Liability of operator of a vessel

    (2) The operator of a vessel is liable to be convicted of an offence committed in relation to the vessel by another person, whether or not the other person has been identified, prosecuted or convicted, but no person shall be convicted under this subsection if it is established that, without the operator’s consent, the vessel was in the possession of another person at the time of the offence.

  • Marginal note:Liability of operator of marine facility

    (3) The operator of a marine facility is liable to be convicted of an offence committed with their consent by another person in relation to the facility, whether or not the other person has been identified, prosecuted or convicted.

  • Marginal note:Officers, etc., of corporation

    (4) An officer, director or agent of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted.

Marginal note:Defence

 For greater certainty, no person is liable to be convicted of an offence if the person exercised all due diligence to prevent its commission.

Marginal note:Things seized or detained

 Where a proceeding is commenced in respect of an offence involving anything seized or detained under this Act and it is detained until the final conclusion of the proceeding, it must be returned to its lawful owner or to the person lawfully entitled to its possession, unless that person has been convicted of an offence under this Act, in which case it may be detained until any fine imposed on conviction has been paid, or it may be sold in satisfaction of the fine or any part of it.

Marginal note:Recovery of fines

  •  (1) Where a fine imposed on a person convicted of an offence is not paid when required, the conviction may be registered in the superior court of the province in which the trial was held and, when registered, has the same effect as if the conviction were a judgment of that court obtained by Her Majesty in right of Canada against the convicted person for a debt in the amount of the fine.

  • Marginal note:Recovery of costs

    (2) All reasonable costs involved in registering the conviction are recoverable in the same way as if they were part of the fine.

Consequential Amendment

 [Amendment]

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