42-43 ELIZABETH II

CHAPTER 40

An Act to provide for the security of marine transportation

[Assented to 15th December, 1994]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Marine Transportation Security Act.

INTERPRETATION

Definitions

2. (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;

``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;

``goods''
« bien »

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

``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;

``Minister''
« ministre »

``Minister'' means the Minister of Transport;

``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;

``proposed security rule''
« règle de sûreté proposée »

``proposed security rule'' means a rule submitted for the approval of the Minister under section 10;

``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;

``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;

``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;

``security measure''
« mesure de sûreté »

``security measure'' means a measure formulated by the Minister under section 7;

``security rule''
« règle de sûreté »

``security rule'' means a rule approved by the Minister under section 10;

``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.

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

Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or a province.

Application to vessels and marine facilities

4. (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.

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.

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

Regulations respecting security

5. 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.

Offences relating to the regulations

6. 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

Minister may formulate security measures

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

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.

Minister may carry out security measures

8. (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.

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.

Offences relating to security measures

9. 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

Purpose of section

10. (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.

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.

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.

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.

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.

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.

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.

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.

Revocation of approval

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

Offences relating to security rules

11. 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.