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

Rules of Law about Violations

Marginal note:Violations are not offences

44 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Marginal note:Defence

45 For greater certainty, no person is liable for the commission of a violation if the person exercised all due diligence to prevent the commission.

Marginal note:Violation by employee or agent

• 46 (1) A person is liable for a violation committed by their employee or agent, whether or not the employee or agent has been identified or proceeded against under sections 33 to 43.

• Marginal note:Liability of operator of a vessel

  (2) The operator of a vessel is liable for a violation committed in relation to the vessel by another person, whether or not the other person has been identified or proceeded against under sections 33 to 43 unless, at the time of the violation, the vessel was in the possession of another person without the operator’s consent.

• Marginal note:Liability of operator of marine facility

  (3) The operator of a marine facility is liable for a violation committed with their consent by another person in relation to the facility, whether or not the other person has been identified or proceeded against under sections 33 to 43.

• Marginal note:Officers, etc., of corporation

  (4) An officer, director or agent of a corporation that commits a violation under this Act is a party to and liable for the violation if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation has been identified or proceeded against under sections 33 to 43.

General Provisions

Marginal note:Notations removed

• 47 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the last day on which any of the following events occurs, the Minister is to remove every notation of violation or default, and every suspension or cancellation of the designation of or refusal to designate or to renew the designation of a person as a screening officer on prescribed grounds, from any records that the Minister may keep respecting the person:

  • (a) payment by the person of every penalty that the person is liable to pay after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal; or

  • (b) the suspension or cancellation of the designation of, or the refusal to designate or to renew the designation of, the person as a screening officer under section 19.2.

• Marginal note:Duty to notify

  (2) When the Minister is of the opinion that removal of a notation is not in the public interest, the Minister shall give notice of that fact to the person.

• Marginal note:Contents of notice

  (3) A notice under subsection (2) shall provide all relevant information concerning the grounds on which the Minister has refused to remove the notation and shall include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed.

• Marginal note:Review

  (4) Subsections 37(1) to (3) apply in respect of a refusal to remove a notation, with any modifications that the circumstances require.

• Marginal note:Determination

  (5) The member of the Tribunal assigned to conduct the review may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

• Marginal note:Right of appeal

  (6) The person may, within thirty days after a determination is made under subsection (5), appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (7) If the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (8) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

Marginal note:Public record

48 The Minister shall keep a public record of notations of violations or default that appear on any record that the Minister may keep respecting persons under this Act.

Marginal note:Limitation period

49 No notice of violation may be issued more than two years after the Minister becomes aware of the violation.

Marginal note:Certificate of Minister

50 A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day.

Regulations

Marginal note:Regulations

51 The Governor in Council may make regulations

• (a) designating, as a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50, the contravention of a provision that is an offence under this Act;

• (b) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued;

• (c) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $25,000 but in any event not greater than the maximum fine that would be payable if the violation were proceeded with by way of summary conviction; and

• (d) prescribing anything that by subsections 33 to 50 is to be prescribed.