EXEMPTIONS

Exemption by Minister

12. 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

Prohibition against disclosure

13. (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.

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.

Court to inform Minister

14. (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.

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.

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

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.

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.

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.

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.

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

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

Designation of screening officers

19. 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.

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.

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.

Unaccompani ed 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.

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.

Circumventin g 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.

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.

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.

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

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.

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.

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.

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.

Warrant required to enter dwelling-plac e

(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.

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.

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.

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.

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.

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.

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.

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.