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

Marginal note:Decision to remain in effect pending reconsideration

19.7 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.

Marginal note:Reconsideration

• 19.8 (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.

Marginal note:Screening before boarding

• 20 (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

• 21 (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

• 22 (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

• 23 (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

24 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

• 25 (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

26 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

27 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

• 28 (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.