Bill C-33

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SUMMARY
TABLE OF PROVISIONS
Short Title
Customs Act
Railway Safety Act
Transportation of Dangerous Goods Act, 1992
Marine Transportation Security Act
Amendments to the Act
Transitional Provisions
Coordinating Amendment
Canada Transportation Act
Canada Marine Act
Consequential Amendment to the Transportation Appeal Tribunal of Canada Act
Coordinating Amendment
Coming into Force
EXPLANATORY NOTES

First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022

HOUSE OF COMMONS OF CANADA

BILL C-33
An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act

FIRST READING, November 17, 2022

MINISTER OF TRANSPORT

90999

SUMMARY

This enactment amends several Acts in order to strengthen the port system and railway safety in Canada.

The enactment amends the Customs Act to require that, on request, any person in possession or control of imported goods make those goods available for examination in accordance with regulations and deliver those goods, or cause them to be delivered, to a secure area that meets the requirements set out in regulation.

The enactment also amends the Railway Safety Act to, among other things,

(a) add a definition of “safety” that includes the concept of security;

(b) prohibit interference with any railway work, railway equipment or railway operation, or damage or destruction of any railway work or railway equipment, without lawful excuse, in a manner that threatens the safety of railway operations;

(c) prohibit behaviour that endangers or risks endangering the safety of a station, railway equipment or individuals who are at the station or on board the railway equipment and unruly behaviour toward employees, agents or mandataries of a company;

(d) authorize the Minister to order a company to take necessary corrective measures if the Minister believes that

(i) a measure taken by the company in relation to a requirement of a regulation made under subsection 18(2.‍1) has deficiencies that risk compromising the security of railway transportation,

(ii) the security management system developed by the company has deficiencies that risk compromising railway security, or

(iii) the implementation of the company’s security management system has deficiencies that risk compromising railway security;

(e) authorize the Minister to grant, refuse to grant, suspend or cancel a transportation security clearance;

(f) strengthen the administrative monetary penalty regime; and

(g) require a review of the operation of the Act every five years.

The enactment also amends the Transportation of Dangerous Goods Act, 1992 to, among other things,

(a) require persons who import, offer for transport, handle or transport dangerous goods to register with the Minister;

(b) provide to the Minister powers relating to the management of safety risks; and

The enactment also amends the Marine Transportation Security Act to, among other things,

(a) set out the Act’s purpose and allow the Minister of Transport to enter into agreements with organizations in respect of the administration and enforcement of the Act;

(b) set out regulation-making powers that include powers respecting threats and risks to the health of persons involved in the marine transportation system, the sharing of information and the establishment of vessel exclusion zones;

(c) authorize the Minister to make interim orders and give emergency directions and modify the Minister’s power to give directions to vessels; and

(d) create new offences, increase certain penalties and extend the application of certain offences and the administrative monetary penalty regime to vessels.

The enactment also amends the Canada Transportation Act to, among other things,

(a) specify that the Minister may use electronic systems in making decisions or determinations under an Act of Parliament that the Minister administers or enforces and provide that a power of entry into a place under such an Act may be exercised remotely by means of telecommunications; and

(b) reduce the threshold above which the Minister and the Commissioner of Competition must receive notice of proposed transactions relating to a port.

The enactment also amends the Canada Marine Act to, among other things,

(a) set out that port authorities are responsible for management of traffic and create regulatory authorities respecting fees and information and data sharing in respect of that management;

(b) provide the minister with the power to require, by order, the taking of measures to prevent imminent harm to national security, national economic security, or competition; and

(c) require port authorities to establish advisory committees, including an Indigenous advisory committee, require periodic assessments of port authorities’ governance practices and set out new requirements respecting plans and reports relating to climate change.

Finally, it makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act.

Available on the House of Commons website at the following address:

www.ourcommons.ca

TABLE OF PROVISIONS

An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act

Short Title

Strengthening the Port System and Railway Safety in Canada Act

Customs Act

Railway Safety Act

Transportation of Dangerous Goods Act, 1992

Marine Transportation Security Act

Amendments to the Act

Transitional Provisions

Definition of other Act

Deemed violation — interim order

Deemed violation — subsection 16(3)

Deemed violation — subsection 17.‍1(2)

Deemed violation — emergency direction

Coordinating Amendment

2012, c. 17

Canada Transportation Act

Canada Marine Act

100

Consequential Amendment to the Transportation Appeal Tribunal of Canada Act

123

Coordinating Amendment

124

Bill C-26

Coming into Force

125

Order in council

1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022

HOUSE OF COMMONS OF CANADA

BILL C-33

His 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 Strengthening the Port System and Railway Safety in Canada Act.

R.‍S.‍, c. 1 (2nd Supp.‍)

Customs Act

2 The Customs Act is amended by adding the following after section 19:

Making goods available for examination

19.‍01 (1) Any person who has goods in their possession or control that have been imported must, at the request of an officer and in accordance with the regulations, make those goods available for examination, including by delivering the goods, or causing them to be delivered, to a place specified by the officer.

Regulations

(2) The Governor in Council may make regulations for the purposes of subsection (1), including regulations respecting the time and manner in which to make goods available for examination.

Secure area

19.‍02 (1) Any person who has goods in their possession or control that have been imported must, at the request of an officer and in accordance with the regulations, deliver the goods, or cause them to be delivered, to a secure area that consists of a building, accommodation or other facility — that is determined to be adequate under a regulation made under subsection 6(3) — for the detention and examination of those goods by customs officers.

Regulations

(2) The Governor in Council may make regulations for the purposes of subsection (1), including regulations respecting the time and manner of delivery of goods to a secure area.

R.‍S.‍, c. 32 (4th Supp.‍)

Railway Safety Act

2012, c. 7, s. 3

3 Paragraphs 3(a) to (d) of the Railway Safety Act are replaced by the following:

(a) promote and provide for the safety of the public and personnel, and the protection of property and the environment, in railway operations;
(b) encourage the collaboration and participation of interested parties in improving railway safety;
(c) recognize the responsibility of companies to demonstrate, by using safety management systems, Insertion start security management systems Insertion end and other means at their disposal, that they continuously manage risks related to safety Insertion start and security Insertion end matters; and
(d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety.

2012, c. 7, s. 3

4 The portion of section 3.‍1 of the Act before paragraph (b) is replaced by the following:

Minister’s responsibilities

3.‍1 The Minister is responsible for the development and regulation of matters to which this Act applies, including Insertion start railway Insertion end safety, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things,

(a) promote railway safety by means that the Minister considers appropriate;

1999, c. 9, s. 2(4)

5 (1) Paragraphs (c) and (d) of the definition security document in subsection 4(1) of the Act are replaced by the following:

( Insertion start b.‍1 Insertion end ) Insertion start an order referred to in section 32 or 32.‍01 Insertion end that relates to security,
(c) an emergency directive made under section 33 that relates to security,
(d) a security measure formulated under subsection 39.‍1(1), Insertion start and Insertion end
Start of inserted block
(e) a requirement or authorization, contained in a notice, referred to in subsection 39.‍1(2); (texte relatif à la sûreté du transport ferroviaire)
End of inserted block

(2) Subsection 4(1) of the Act is amended by adding the following in alphabetical order:

safety includes security, except in the case of a safety management system or anything relating to such a system; (sécurité)

security management system means a formal framework for integrating security into day-to-day railway operations and may include security policy, risk assessments, responsibilities and authorities within the company, security plans, and monitoring and evaluation processes to which the company is subject; (système de gestion de la sûreté)

2012, c. 7, s. 6

6 Paragraph 6.‍1(1)‍(a) of the Act is replaced by the following:

(a) railway safety and the safety aspects of railway crossings; or

2012, c. 7, s. 14(1)

7 Subsection 19(5) of the Act is replaced by the following:

Minister may seek advice

(5) The Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter Insertion start or consult with any other relevant party Insertion end .

2012, c. 7, s. 14(1)

8 (1) Section 22 of the Act is amended by adding the following after subsection (4):

Documents and information

(4.‍1) A company that applies for an exemption under subsection (4) shall submit to the Minister any document or information specified by the Minister.

(2) Section 22 of the Act is amended by adding the following after subsection (7):

Suspension of period

(8) However, the periods referred to in subsection (7) are suspended until the Minister has received any information or document required under subsection (4.‍1).

Renewals, cancellations or amendments of exemptions

(9) The Minister may, in respect of an exemption granted under subsection (2),

(a) renew the exemption, if in the opinion of the Minister the renewal is in the public interest and is not likely to threaten safe railway operations;
(b) cancel the exemption, if in the opinion of the Minister the cancellation is in the public interest or the exemption is likely to threaten safe railway operations; and
(c) amend the exemption, if in the opinion of the Minister the amendment is in the public interest and is not likely to threaten safe railway operations.
End of inserted block

9 (1) Section 22.‍1 of the Act is amended by adding the following after subsection (2):

Documents and information

(2.‍1) A company that seeks an exemption under subsection (1) shall submit to the Minister any document or information specified by the Minister.

(2) Section 22.‍1 of the Act is amended by adding the following after subsection (4):

Suspension of period

(4.‍1) However, the periods referred to in subsection (4) are suspended until the Minister has received any information or document required under subsection (2.‍1).

(3) Section 22.‍1 of the Act is amended by adding the following after subsection (5):

Renewals, cancellations or amendments of exemptions

(6) The Minister may

(a) renew the exemption, if in the opinion of the Minister the renewal is in the public interest and is not likely to threaten safety;
(b) cancel the exemption, if in the opinion of the Minister the cancellation is in the public interest or the exemption is likely to threaten safety; and
(c) amend the exemption, if in the opinion of the Minister the amendment is in the public interest and is not likely to threaten safety.
End of inserted block

10 The Act is amended by adding the following after section 26.‍2:

Other Prohibitions

Interference, damage or destruction

26.‍3 No person shall, without lawful excuse, interfere with any railway work, railway equipment or railway operation, or damage or destroy any railway work or railway equipment, in a manner that threatens the safety of railway operations.

Unruly or dangerous behaviour

26.‍4 No person shall behave in a manner that endangers or risks endangering the safety of a station, railway equipment or individuals who are at the station or on board the railway equipment, or behave in an unruly manner toward employees or agents or mandataries of a company.

2015, c. 31, s. 24

11 The heading before section 31 of the Act is replaced by the following:

Notices of Railway Safety Inspectors

12 (1) Section 32 of the Act is amended by adding the following after subsection (2):

Deficiency — regulations under subsection 18(2.‍1)

(2.‍1) If the Minister is of the opinion that a company is taking measures in relation to a requirement of a regulation made under subsection 18(2.‍1) that have deficiencies that risk compromising the security of railway transportation, the Minister, by notice sent to the company,

(a) shall inform the company of that opinion and of the reasons for it; and
(b) may order the company to take the necessary corrective measures.
End of inserted block

2012, c. 7, s. 24; 2015, c. 31, s. 26

(2) Subsections 32(3.‍1) and (3.‍2) of the Act are replaced by the following:

Management system deficiencies

(3.‍1) If the Minister is of the opinion that the safety management system Insertion start or the security management system Insertion end established by a company has deficiencies that risk compromising railway safety Insertion start or railway security, as the case may be Insertion end , the Minister may, by notice sent to the company, order the company to take the necessary corrective measures.

Implementation of management system

(3.‍2) If the Minister is of the opinion that a company is implementing any part of its safety management system Insertion start or its security management system Insertion end in a manner that risks compromising railway safety Insertion start or railway security, as the case may be Insertion end , the Minister may, by notice sent to the company, order it to take the necessary corrective measures.

2015, c. 31, s. 39(6)

(3) Subsection 32(4) of the Act is replaced by the following:

Contents of notice

(4) An order contained in a notice under subsection (1) or under any of subsections ( Insertion start 2.‍1 Insertion end ) to (3.‍21) takes effect on the date of receipt of the notice. The notice shall indicate the date, which shall be 30 days after the day on which the notice is sent, on or before which the recipient may file a request for a review of the order and the address to which the request may be filed.

2015, c. 31, s. 39(7)

13 Section 32.‍3 of the Act is replaced by the following:

Stay of order

32.‍3 If a request for review is filed, an order made under subsection 32(1), (3.‍1) or (3.‍2) shall be stayed until the matter is finally disposed of in accordance with section 32.‍1, 32.‍2 or 32.‍4. However, an order made under subsection 32 Insertion start (2.‍1) Insertion end , (3) or (3.‍21) or section 32.‍01 shall not be stayed pending a review under section 32.‍1, an appeal under section 32.‍2 or a reconsideration by the Minister under subsection 32.‍1(5) or 32.‍2(3).

14 The Act is amended by adding the following after section 39.‍2:

Transportation Security Clearance

Grant, refusal, etc.

39.‍3 (1) The Minister may, for the purposes of this Act, grant or refuse to grant a transportation security clearance to any person or suspend or cancel a transportation security clearance.

Non-application — subsection 47.‍2(2)

(2) The limitations described in subsection 47.‍2(2) do not apply to any fees or charges to be paid in relation to transportation security clearances.

2012, c. 7, s. 31

15 Subparagraph 40.‍1(a)‍(ii) of the Act is replaced by the following:

(ii) any rule, standard, order, emergency directive, or Insertion start security measure Insertion end made under this Act; and

16 Section 40.‍11 of the Act is amended by adding the following after subsection (5):

Obstruction of officers

(6) No person shall, while an enforcement officer is carrying out their functions under this Act, fail to comply with any reasonable request of the officer or otherwise obstruct or hinder the officer.

17 The Act is amended by adding the following after section 40.‍13:

Assurance of compliance — no notice served

40.‍131 (1) If the Minister has reasonable grounds to believe that a person who has not been served with a notice of violation under section 40.‍14 has committed a violation, the Minister may enter into an assurance of compliance with the person that

(a) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period and subject to the terms and conditions specified in the assurance;
(b) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister; and
(c) sets out the penalty that the person would have been liable to pay for the violation if the assurance had not been entered into.
End of inserted block

Extension of period

(2) The Minister may extend the period specified under paragraph (1)‍(a) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control.

Deemed violation

(3) A person who enters into an assurance of compliance is deemed to have committed the violation in respect of which the assurance was entered into, unless they request a review under subsection (4).

Request for review

(4) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default has been served under subsection (6), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review of the facts of the violation and the amount of the penalty is deemed to have been requested under section 40.‍16.

Notice of compliance

(5) If the Minister is satisfied that a person has complied with an assurance of compliance, the Minister shall cause a notice to that effect to be served on the person and, on the service of the notice,

(a) no further proceedings may be taken against the person with respect to the violation in respect of which the assurance was entered into; and
(b) any security deposited under paragraph (1)‍(b) must be returned to the person.
End of inserted block

Notice of default

(6) If the Minister is of the opinion that a person has not complied with an assurance of compliance, the Minister shall cause a notice of default to be served on the person to the effect that

(a) the person is liable to pay, in the time and manner specified in the notice of default, twice the amount of the penalty set out in the assurance without taking into account the limit specified in paragraph 40.‍1(b); or
(b) any security deposited under paragraph (1)‍(b) is forfeited to His Majesty in right of Canada.
End of inserted block

Contents of notice

(7) The notice of default shall indicate the date, which shall be 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the address where the request may be filed and shall include the particulars concerning the procedure for requesting a review.

No set-off or compensation

(8) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the assurance of compliance.

Return of security

(9) Any security deposited under subsection (1) shall be returned to the person if

(a) a notice is served under subsection (6) and the person pays double the amount of the penalty set out in the assurance of compliance; or
(b) a member determines under section 40.‍18 or an appeal panel decides under section 40.‍19 that the person has complied with the assurance.
End of inserted block

18 The Act is amended by adding the following after section 40.‍15:

Request for compliance agreement — notice served

40.‍151 Instead of paying the penalty set out in the notice of violation, the person served with the notice may, within the time and in the manner specified in the notice, request to enter into a compliance agreement with the Minister under section 40.‍152 that ensures the person’s compliance with the provision to which the violation relates.

Compliance agreement — notice served

40.‍152 (1) The Minister may, on application made under section 40.‍151, enter into a compliance agreement with a person who has been served with a notice of violation on any terms and conditions that are satisfactory to the Minister. The terms and conditions may

(a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and
(b) provide for the reduction, in whole or in part, of the penalty for the violation.
End of inserted block

Deemed violation

(2) A person who enters into a compliance agreement with the Minister under subsection (1) is deemed to have committed the violation in respect of which the agreement was entered into.

Notice of compliance

(3) If the Minister is satisfied that a person has complied with a compliance agreement, the Minister shall cause a notice to that effect to be served on the person, at which time

(a) the proceedings commenced in respect of the violation are ended; and
(b) any security deposited under paragraph (1)‍(a) shall be returned to the person.
End of inserted block

Notice of default

(4) If the Minister is of the opinion that a person has not complied with a compliance agreement, the Minister shall cause a notice of default to be served on the person to the effect that

(a) instead of being liable to pay the amount of the penalty set out in the notice of violation, the person is liable to pay, in the time and manner specified in the notice of violation, twice the amount of that penalty, without taking into account the limits specified in paragraph 40.‍1(b); or
(b) any security deposited under paragraph (1)‍(a) is forfeited to His Majesty in right of Canada.
End of inserted block

Effect of notice of default

(5) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the compliance agreement and

(a) the person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of violation; or
(b) if the notice provides for the forfeiture of the security deposited under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.
End of inserted block

Effect of payment

(6) If a person served with a notice of default pays the amount set out in the notice of default in the time and manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Act shall be taken against the person in respect of that violation.

Refusal to enter into compliance agreement

40.‍153 (1) If the Minister refuses to enter into a compliance agreement requested under section 40.‍151, the person who made the request may, in the time specified by the Minister and manner specified in the notice of violation,

(a) pay the amount of the penalty set out in the notice of violation; or
(b) file a request for a review under subsection 40.‍16(1).
End of inserted block

Effect of payment

(2) If a person pays the amount set out in the notice of violation in the time specified by the Minister and manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Act shall be taken against the person in respect of that violation.

19 (1) Section 40.‍16 of the Act is amended by adding the following after subsection (1):

Request for review of compliance

(1.‍1) A person served with a notice of default under subsection 40.‍131(6) that wishes to have the Minister’s decision made under that subsection reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal.

(2) Subsection 40.‍16(2) of the English version of the Act is replaced by the following:

Time and place for review

(2) On receipt of a request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person that filed the request of the time and place in writing.

2012, c. 7, s. 31

(3) Subsection 40.‍16(4) of the Act is replaced by the following:

Burden of proof

(4) The Minister has the burden of establishing that a person has committed a violation Insertion start or has not complied with the assurance of compliance referred to in the notice of default Insertion end .

(4) Section 40.‍16 of the Act is amended by adding the following after subsection (5):

Certain defences not available

(6) For the purposes of a request for review under subsection (1.‍1), a person does not have a defence by reason that the person exercised due diligence to comply with the assurance of compliance.

20 Section 40.‍18 of the Act is amended by striking out “or” at the end of paragraph (a) and adding the following after paragraph (b):

Start of inserted block
(c) that the person has complied with the assurance of compliance, in which case, subject to section 40.‍19, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; or
(d) that the person has not complied with the assurance of compliance, in which case, the member confirms the decision made by the Minister under subsection 40.‍131(6).
End of inserted block

2012. c. 7, s. 31

21 Subsections 40.‍19(3) and (4) of the Act are replaced by the following:

Disposition of appeal

(3) The appeal panel of the Tribunal assigned to hear an appeal may

Start of inserted block
(a) in the case of a determination made under paragraphs 40.‍18(a) or (b), dismiss the appeal or allow the appeal and, subject to any regulations made under paragraph 40.‍1(b), substitute its own decision; or
(b) in the case of a determination made under paragraphs 40.‍18(c) or (d), dismiss the appeal or allow the appeal and substitute its own decision.
End of inserted block

Finding of violation

(4) Insertion start After making its decision Insertion end , the appeal panel shall inform the person and the Minister of Insertion start its decision Insertion end without delay and Insertion start specify Insertion end the period within which any amount determined by the appeal panel to be payable to the Tribunal Insertion start is to be paid Insertion end .

2012, c. 7, s. 31

22 Paragraphs 40.‍2(a) and (b) of the Act are replaced by the following:

(a) to pay the amount of a penalty set out in a notice of violation, Insertion start or in a notice of default served under subsection 40.‍131(6) or 40.‍152(4) Insertion end , or to file a request for a review under section 40.‍16;
(b) to pay an amount Insertion start set out in a decision made Insertion end under paragraph 40.‍18(b) Insertion start or (d) Insertion end or file an appeal under section 40.‍19; or

23 Section 47.‍1 of the Act is amended by adding the following after subsection (1):

Regulations — security management systems

(1.‍1) The Governor in Council may make regulations respecting security management systems.

2012, c. 7, s. 37

24 Paragraph 47.‍2(1)‍(b) of the Act is replaced by the following:

(b) in relation to the filing of documents and the making of applications for, and the issuance of, certificates, exemptions, licences, approvals or Insertion start transportation security clearances Insertion end under this Act.

2012, c. 7, s. 38

25 Subsection 51(1) of the Act is replaced by the following:

Statutory review

51 (1) The Minister shall, Insertion start on the fifth anniversary of Insertion end the day on which this Insertion start subsection Insertion end comes into force, Insertion start and every five years after that anniversary Insertion end , appoint one or more persons to carry out a comprehensive review of the operation of this Act.

1992, c. 34

Transportation of Dangerous Goods Act, 1992

1999, c. 31, s. 212(E)

26 (1) The definition handling in section 2 of the Transportation of Dangerous Goods Act, 1992 is repealed.

2009, c. 9, s. 1(6)

(2) The definition safety standard in section 2 of the Act is replaced by the following:

safety standard means a standard for a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, including standards for the means of containment’s design, manufacture, repair, Insertion start requalification Insertion end , equipping, functioning, use or performance; (norme de sécurité)

(3) The definition prescribed in section 2 of the English version of the Act is replaced by the following:

prescribed means prescribed by regulations; (Version anglaise seulement)

2009, c. 9, s. 1(6)

(4) Paragraph (b) of the definition safety requirement in section 2 of the Act is replaced by the following:

(b) a requirement for persons engaged in designing, manufacturing, repairing, Insertion start requalifying Insertion end or equipping a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, or

(5) Section 2 of the Act is amended by adding the following in alphabetical order:

enforcement officer means a person designated as an enforcement officer under subsection 32.‍12(1); (agent de l’autorité)

27 The Act is amended by adding the following after section 3:

Authorizations

Powers and duties

3.‍1 The Minister may, in writing, authorize any person designated by the Minister to exercise any of the Minister’s powers and duties under this Act, either generally or as otherwise provided in the instrument of authorization.

2009, c. 9, s. 4

28 Paragraph 5(a) of the Act is replaced by the following:

Start of inserted block
(a) the person has, subject to the regulations, a registration number assigned under section 6.‍11;
End of inserted block
Insertion start (a.‍1) Insertion end the person complies with all safety requirements and security requirements that apply under the regulations;

2009, c. 9, s. 4

29 Section 5.‍1 of the Act is replaced by the following:

Prohibition — means of containment

5.‍1 No person shall design, manufacture, repair, Insertion start requalify Insertion end or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person complies with all safety requirements that apply under the regulations.

30 Section 5.‍1 of the Act is replaced by the following:

Prohibition — means of containment

5.‍1 No person shall design, manufacture, repair, requalify or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person holds, subject to the regulations, a certificate of registration issued under section 6.‍2 and complies with all safety requirements that apply under the regulations.

2009, c. 9, s. 6

31 Section 6 of the Act is replaced by the following:

Prohibition — compliance mark

6 No person shall affix or display on a means of containment a compliance mark that is required or permitted under the regulations — or another mark that is likely to be mistaken for such a mark — in respect of the manufacture, repair or Insertion start requalification Insertion end of the means of containment, unless the manufacture, repair or Insertion start requalification Insertion end was done in compliance with all safety requirements and safety standards applicable to that compliance mark.

32 The Act is amended by adding the following after section 6.‍1:

Application for registration number — dangerous goods

6.‍11 (1) An application for a registration number required under paragraph 5(a) shall be made to the Minister in the prescribed form and manner with the prescribed information.

Registration number

(2) The Minister may assign a registration number to an applicant.

Information

(3) The Minister may collect any personal information or confidential business information that an applicant provides.

Previous registration numbers

(4) Any registration number that was assigned under this Act, on or before the day on which this section comes into force, to a person who imports, offers for transport, handles or transports any dangerous goods is deemed to be a registration number assigned under subsection (2).

33 The Act is amended by adding the following before the headings before section 7:

Registration

Application for certificate of registration — means of containment

6.‍2 (1) An application for a certificate of registration required under section 5.‍1 shall be made to the Minister in the prescribed form and manner with the prescribed information.

Issuance

(2) The Minister may issue a certificate of registration to an applicant.

Amendment, suspension, etc.

(3) The Minister may amend, suspend or revoke, or impose any terms and conditions in respect of, any certificate of registration.

Information

(4) The Minister may collect any personal information or confidential business information that an applicant provides.

Disclosure of information

(5) The Minister may disclose or publish any information respecting any certificate of registration, except personal information.

Continuation of previous registrations

(6) Any registration number assigned, or certificate of registration issued, under this Act to a person who designs, manufactures, repairs, requalifies or equips a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, that is valid on the day on which this section comes into force, is deemed to have been issued under subsection (2).

2009, c. 9, s. 6

34 Paragraphs 7.‍1(a) and (b) of the Act are replaced by the following:

(a) direct a person with an approved emergency response assistance plan to implement the plan, within a reasonable time as specified in the direction, in order to respond to an actual or anticipated release of dangerous goods to which the plan applies Insertion start and impose any terms and conditions related to the implementation of the plan that the Minister considers appropriate Insertion end ; or
(b) authorize Insertion start any Insertion end person with an approved emergency response assistance plan to implement the plan in order to respond to an actual or anticipated release of dangerous goods.

35 The Act is amended by adding the following after section 7.‍1:

Implementation report

7.‍11 Subject to the regulations, every person who implements an approved emergency response assistance plan shall report its implementation to the Minister and any prescribed person, in accordance with the regulations, and include in the report any prescribed information.

2009, c. 9, s. 8(2)

36 The portion of subsection 9(3) of the Act before paragraph (a) is replaced by the following:

Notice of defective repair or defective requalification

(3) The Minister may direct a person who repaired or Insertion start requalified Insertion end a standardized means of containment to issue a notice of defective repair or defective Insertion start requalification Insertion end , as the case may be, to the person for whom it was repaired or Insertion start requalified Insertion end , or to publish the notice in a manner such that the notice is likely to come to that person’s attention, if the Minister believes on reasonable grounds that the person who repaired or Insertion start requalified Insertion end the standardized means of containment

2009, c. 9, s. 13

37 Subsection 14(2) of the Act is replaced by the following:

Proof of financial responsibility

(2) A person who carries on any of those activities shall, on request, provide to an inspector Insertion start or to an enforcement officer Insertion end the proof that is required under the regulations of financial responsibility.

2009, c. 9, s. 14

38 Paragraph 15(1)‍(b) of the Act is replaced by the following:

(b) means of containment being manufactured, repaired or Insertion start requalified Insertion end on which a compliance mark is displayed or will be affixed;

2009, c. 9, s. 17

39 Subsection 17(1) of the Act is replaced by the following:

Remedying non-compliance — dangerous goods

17 (1) If an inspector believes on reasonable grounds that dangerous goods Insertion start are being imported, offered Insertion end for transport, Insertion start handled Insertion end or Insertion start transported Insertion end — or Insertion start that Insertion end a standardized means of containment is being Insertion start sold, offered Insertion end for sale, Insertion start delivered, distributed, imported Insertion end or Insertion start used Insertion end — in a way that does not comply with this Act, the inspector may, until satisfied that the activity will be done in compliance with this Act,

(a) remove to an appropriate place, or direct a person to so Insertion start remove Insertion end , Insertion start the Insertion end dangerous goods, the means of containment being used to handle or transport them or Insertion start the Insertion end standardized means of containment; or
(b) detain, Insertion start or direct a person to detain, the dangerous goods, the means of containment being used to handle or transport them or the standardized means of containment Insertion end .

2009, c. 9, s. 18(1)

40 Subsection 18(1) of the Act is replaced by the following:

Duty to report

18 (1) Insertion start Subject to the regulations Insertion end , any person who has the charge, management or control of a means of containment shall report to every person prescribed for the purposes of this subsection any actual or anticipated release of dangerous goods from the means of containment if the release endangers, or could endanger, public safety.

41 (1) Paragraph 24(1)‍(a) of the Act is replaced by the following:

(a) information disclosed under section 23 and information of a similar nature obtained by an inspector under section 15 Insertion start or by an enforcement officer under section 32.‍13 Insertion end ;

(2) Subsection 24(4) of the Act is amended by adding the following after paragraph (a):

Start of inserted block
(a.‍1) for the purposes of the administration of this Act, in the case of information referred to in paragraph (1)‍(b);
End of inserted block

(3) Subsection 24(4) of the Act is amended by adding the following after paragraph (c):

Start of inserted block
(d) to an enforcement officer for the purpose of training of enforcement officers, in the case of information obtained in a record of a communication referred to in paragraph (1)‍(b).
End of inserted block

42 (1) Subsection 27(1) of the Act is amended by adding the following after paragraph (d):

Start of inserted block
(d.‍1) defining, for the purposes of any provision of this Act that relates to dangerous goods, the words “import”, “offer for transport”, “handling” and “transport” and, for the purposes of any provision of this Act that relates to means of containment, the words “requalify”, “sell”, “offer for sale”, “deliver”, “distribute”, “import” and “use”;
End of inserted block

(2) Subsection 27(1) of the Act is amended by adding the following after paragraph (j.‍2):

Start of inserted block
(j.‍3) respecting the issuance, amendment, suspension, revocation and terms and conditions of a certificate of registration referred to in subsection 6.‍2(1);
(j.‍4) exempting, under any circumstances and conditions specified, any person, class of persons or means of containment from the application of sections 5.‍1 and 6.‍2;
End of inserted block

(3) Subsection 27(1) of the Act is amended by adding the following after paragraph (j.‍2):

Start of inserted block
(j.‍21) exempting, under any circumstances and conditions specified, any person, class of persons or dangerous goods from the application of section 6.‍11;
End of inserted block

(4) Subsection 27(1) of the Act is amended by adding the following after paragraph (k.‍1):

Start of inserted block
(k.‍11) respecting the form of and manner of making a report referred to in section 7.‍11 and the circumstances under which the report is required;
(k.‍12) exempting any person or class of persons from the application of section 7.‍11;
(k.‍13) respecting the contents and implementation of emergency response assistance plans;
End of inserted block

2009, c. 9, s. 25(2)

(5) Paragraphs 27(1)‍(q) and (r) of the Act are replaced by the following:

Start of inserted block
(q) exempting any person or class of persons from the application of section 18;
End of inserted block
(r) respecting the manner of making the reports referred to in section 18, the information to be included in them and the circumstances in which they are required;

(6) Subsection 27(1) of the Act is amended by striking out “and” at the end of paragraph (u), by adding “and” at the end of paragraph (v) and by adding the following after paragraph (v):

Start of inserted block
(w) prescribing or providing for anything else that by this Act is to be prescribed or provided for by the regulations.
End of inserted block

2009, c. 9, s. 26

43 (1) Paragraphs 27.‍1(1)‍(b) to (d) of the Act are repealed.

2009, c. 9, s. 26

(2) Paragraph 27.‍1(1)‍(j) of the Act is replaced by the following:

(j) respecting the manner of making the reports Insertion start referred Insertion end to Insertion start in Insertion end section 18, the information to be included in them and the circumstances in which they are required;

(3) Subsection 27.‍1(1) of the Act is amended by adding “and” at the end of paragraph (k) and by adding the following after paragraph (k):

Start of inserted block
(l) prescribing or providing for anything else that by this Act is to be prescribed or provided for by the regulations.
End of inserted block

2009, c. 9, s. 28(2)

44 Paragraph 29(1)‍(b) of the Act is replaced by the following:

(b) in relation to applying for equivalency certificates described in subsection 31(1), approvals or registrations.

2009, c. 9, s. 30

45 (1) Subsections 31(2) and (2.‍1) of the Act are replaced by the following:

Emergency certificate

(2) The Minister may issue an emergency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the activity is necessary to deal with an emergency in which there is danger to public safety Insertion start or to security Insertion end .

Temporary certificate

(2.‍1) The Minister may, in the public interest Insertion start or for the purposes of security Insertion end , issue a temporary certificate authorizing any activity to be carried on in a manner that does not comply with this Act.

2009, c. 9, s. 30

(2) Subsection 31(6) of the Act is replaced by the following:

Revocation of certificate

(6) The Minister may revoke an equivalency, emergency or temporary certificate — including an emergency or temporary certificate the contents of which have been issued orally — if

Insertion start (a) Insertion end the Minister is no longer satisfied of the matter described in subsection (1), (2) or (2.‍1), Insertion start as the case may be Insertion end ;
Insertion start (b) Insertion end the regulations have been amended and have the same effect as the certificate; or
Start of inserted block
(c) the Minister is of the opinion that it is in the public interest to do so.
End of inserted block

2009, c. 9, s. 30

46 Subsections 32(1) and (2) of the Act are replaced by the following:

Protective directions

32 (1) The Minister may, if satisfied of the conditions described in subsection (2), direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety Insertion start or to security Insertion end .

Emergency

(2) The Minister may not make the direction unless the Minister is satisfied that the direction is necessary to deal with an emergency that involves danger to public safety Insertion start or to security Insertion end and that cannot be effectively dealt with under any other provision of this Act.

47 The Act is amended by adding the following after section 32:

Administrative Monetary Penalties

Definition of Tribunal

32.‍1 For the purposes of sections 32.‍11 to 32.‍28, Tribunal means the Transportation Appeal Tribunal of Canada, established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

Regulations

32.‍11 The Minister may, by regulation,

(a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 32.‍15 to 32.‍26, any provision of this Act or the regulations;
(b) prescribe the maximum amount payable for each violation, but not more than
- (i) $50,000 in the case of an individual, and
- (ii) $250,000 in the case of an organization;
(c) establish what constitutes a related series or class of violations; and
(d) prescribe the total maximum amount payable for a related series or class of violations.
End of inserted block

Designation of enforcement officers

32.‍12 (1) The Minister may designate persons, or classes of persons, as enforcement officers.

Certification of enforcement officers

(2) Every enforcement officer shall receive a certificate of designation attesting to their designation and shall, on demand, present the certificate to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.

Power of enforcement officer to enter a place

32.‍13 (1) For the purpose of determining whether a violation referred to in section 32.‍15 has been committed, an enforcement officer may, subject to subsection (2), at any reasonable time, enter any place, including a means of transport, if the enforcement officer believes on reasonable grounds that in or on the place there are

(a) dangerous goods being offered for transport, handled or transported;
(b) means of containment being manufactured, repaired or requalified on which a compliance mark is displayed or will be affixed;
(c) standardized means of containment;
(d) books, shipping records, emergency response assistance plans, security plans or other documents that contain information relevant to determining whether a violation referred to in section 32.‍15 has been committed; or
(e) computer systems, data processing systems or any other electronic devices or media that contain information relevant to determining whether a violation referred to in section 32.‍15 has been committed, or that have such information available to them.
End of inserted block

Warrant required to enter dwelling-place

(2) If the place is a dwelling-place, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (3).

Authority to issue warrant

(3) On ex parte application, a justice as defined in section 2 of the Criminal Code, may issue a warrant authorizing the enforcement officer named in the warrant to enter a dwelling-place, subject to any conditions specified in the warrant, if the justice 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 the purpose of determining whether a violation referred to in section 32.‍15 has been committed; and
(c) entry has been refused or there are reasonable grounds for believing that entry will be refused.
End of inserted block

Use of force

(4) The enforcement officer who executes the warrant shall not use force unless the enforcement officer is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Power to require attendance of persons

(5) An enforcement officer who enters a place may require the attendance of persons whom the enforcement officer considers relevant to the carrying out of the enforcement officer’s functions.

Persons accompanying enforcement officer

(6) The enforcement officer may be accompanied by any person that the enforcement officer considers relevant to the carrying out of the enforcement officer’s functions.

Entry on private property

(7) The enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

Search of premises

(8) An enforcement officer who enters a place under subsection (1) may exercise the following powers for the purpose of determining whether a violation referred to in section 32.‍15 has been committed:

(a) open and inspect, or request the opening and inspection of, any means of containment, including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods, if the enforcement officer believes on reasonable grounds that it is being used to handle or transport dangerous goods or to contain dangerous goods offered for transport;
(b) open and inspect, or request the opening and inspection of, any means of containment described in paragraph (1)‍(b) or (c), including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods;
(c) for the purpose of analysis, take, or request the taking of, a reasonable quantity of anything the enforcement officer believes on reasonable grounds to be dangerous goods;
(d) examine, or request the examining of, information described in paragraph (1)‍(d) or (e) that the inspector believes on reasonable grounds is relevant to the purposes of this Act and make, or request the making of, copies of any such information; and
(e) ask questions of any person.
End of inserted block

Certificate

(9) If an enforcement officer opens anything, or requests that anything be opened, for inspection or for the taking of a reasonable quantity of anything that is sealed or closed up, the enforcement officer shall provide the person who has the charge, management or control of the thing that was opened with a certificate in prescribed form as proof that it was opened for that purpose.

Effect of enforcement officer’s certificate

(10) The person to whom, or for whose benefit, the certificate is provided is not liable, either civilly or criminally, in respect of any act or omission of the enforcement officer in the course of the inspection of the thing or the taking of a reasonable quantity of the thing, but is not otherwise exempt from compliance with this Act and the regulations.

Production of documents, information or electronic data

(11) An enforcement officer may, for the purpose of determining whether a violation referred to in section 32.‍15 has been committed, order a person to provide, on the date, at the time and place and in the manner specified by the enforcement officer, any document, information or electronic data specified by the enforcement officer.

Assistance to enforcement officer

(12) Any person who owns or has charge of a place entered by an enforcement officer under subsection (1) and every person present there shall answer all of the enforcement officer’s reasonable questions related to the functions of the enforcement officer, provide access to all electronic data that the enforcement officer may reasonably require, provide all reasonable assistance in their power to enable the enforcement officer to carry out the enforcement officer’s duties and furnish any information that the enforcement officer reasonably requires for the purpose of determining whether a violation referred to in section 32.‍15 has been committed.

Obstruction

(13) When an enforcement officer is determining whether a violation referred to in section 32.‍15 has been committed, no person shall

(a) fail to comply with any reasonable request of the enforcement officer;
(b) knowingly make any false or misleading statement either orally or in writing to the enforcement officer; or
(c) otherwise obstruct or hinder the enforcement officer.
End of inserted block

Notices of violation

32.‍14 The Minister may establish the form and content of notices of violation.

Violation

32.‍15 (1) Every person who contravenes a provision designated under paragraph 32.‍11(a) commits a violation and is liable to a penalty of not more than the maximum amount prescribed under paragraph 32.‍11(b) or (d).

Purpose of penalty

(2) The purpose of the penalty is to promote compliance with this Act and not to punish.

Continuing violation

(3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Clarification

(4) If a contravention of a provision designated under paragraph 32.‍11(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

Nature of violation

(5) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Due diligence available

(6) Due diligence is a defence in a proceeding in respect of a violation.

Issuance of notice of violation

32.‍16 If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue and cause to be served on the person a notice of violation that names the person, identifies the violation and sets out

(a) the penalty for the violation that the person is liable to pay; and
(b) particulars concerning the time for and manner of paying the penalty and the procedure for requesting a review.
End of inserted block

Service of documents

32.‍17 The Minister may establish procedures respecting the service of documents that are required or authorized under sections 32.‍11 to 32.‍28, including the manner and proof of service and the circumstances under which documents are deemed to have been served. In the absence of those procedures, documents may be served by personal service or sent to the person, at their latest known address, by registered or certified mail or any electronic means, and a document that is served by registered or certified mail is deemed to be served on the fourth day after the day on which it was mailed.

Payment

32.‍18 (1) If a person who is served with a notice of violation pays the amount set out in the notice in accordance with the particulars specified in it, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Act shall be taken against the person in respect of that violation.

Option

(2) Instead of paying the penalty set out in a notice of violation, the person may, within the time and in the manner specified in the notice,

(a) request to enter into a compliance agreement with the Minister for the purpose of ensuring compliance with the provision to which the violation relates; or
(b) request a review of the acts or omissions that constitute the violation or of the amount of the penalty.
End of inserted block

Failure to pay penalty deemed violation

(3) If a person that is served with a notice of violation does not exercise any right referred to in subsection (2) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice.

Compliance agreement

32.‍19 (1) On request made under paragraph 32.‍18(2)‍(a), the Minister may enter into a compliance agreement with the person making the request on any conditions that are satisfactory to the Minister, which may

(a) include a provision for the giving of reasonable security, in a form and amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and
(b) provide for the reduction, in whole or in part, of the amount of the penalty for the violation.
End of inserted block

Deeming

(2) A person who makes a request under paragraph 32.‍18(2)‍(a) is, on doing so, deemed to have committed the violation.

Notice of compliance

(3) If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be served to the person, at which time any security given by the person under that agreement shall be returned to the person.

Notice of default

(4) If the Minister is of the opinion that a person has not complied with a compliance agreement, the Minister shall cause a notice of default to be served to the person to the effect that

(a) instead of being liable to pay the amount of the penalty set out in the compliance agreement, the person is liable to pay, in the time and manner specified in the notice of default, twice the amount of the penalty set out in the notice of violation, without taking into account the limits specified in paragraphs 32.‍11(b) and (d); or
(b) the security, if any, given by the person under the compliance agreement is forfeited to His Majesty in right of Canada.
End of inserted block

Effect of notice of default

(5) Once served with the notice of default, the person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and

(a) the person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of violation; or
(b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.
End of inserted block

Effect of payment

(6) If a person pays the amount set out in the notice of default in the time and manner specified in the notice of violation, the proceedings commenced in respect of the violation are ended.

Refusal to enter into compliance agreement

32.‍2 (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 32.‍18(2)‍(a), the person who made the request is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty set out in the notice of violation.

Effect of payment

(2) If a person pays the amount referred to in subsection (1), the proceedings commenced in respect of the violation are ended.

Request for review

32.‍21 (1) A person served with a notice of violation who wishes to have the Minister’s decision regarding the facts of the alleged violation or the amount of the penalty reviewed shall file a request for review with the Tribunal within 30 days after the day on which the notice of violation is served or within any further time that the Tribunal on application may allow.

Date, time and place for review

(2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify in writing the Minister and the person who filed the request.

Review procedure

(3) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

Burden of proof

(4) The Minister has the burden of establishing on a balance of probabilities that a person has committed the violation.

Person not compelled to testify

(5) The person who is alleged to have committed a violation is not required to give any evidence or testimony in the matter.

Determination by Tribunal member

32.‍22 At the conclusion of a review, the member of the Tribunal who conducted the review shall without delay inform the Minister and the person who is alleged to have committed a violation

(a) that the person has not committed a violation, in which case, subject to section 32.‍23, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; or
(b) that the person has committed a violation and, subject to any regulations made under paragraph 32.‍11(b) or (d), is liable to pay the amount determined by the member to be payable to the Tribunal by or on behalf of the person and the time within which it must be paid.
End of inserted block

Right of appeal

32.‍23 (1) Within 30 days after a determination is made under section 32.‍22, the Minister or a person to whom it applies may appeal the determination to the Tribunal.

Loss of right of appeal

(2) A party who does not appear at a review hearing is not entitled to appeal the determination, unless the party establishes that there was sufficient reason to justify their absence.

Disposition of appeal

(3) The appeal panel of the Tribunal that is assigned to hear an appeal may dismiss it or allow it and, in allowing the appeal, the panel may substitute its decision for the determination.

Finding of violation

(4) If the appeal panel finds that a person has committed a violation, the panel shall immediately inform the person and the Minister of the finding and, subject to any regulations made under paragraph 32.‍11(b) or (d), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid.

Finding of no violation

(5) If the appeal panel finds that a person has not committed a violation, the panel shall immediately inform the person and the Minister of the finding.

Certificate

32.‍24 The Minister may obtain from the appeal panel or member of the Tribunal, as the case may be, a certificate in the form established by the Minister setting out the amount of the penalty required to be paid by a person who fails, within the time required,

(a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 32.‍21;
(b) to pay an amount determined under paragraph 32.‍22(b) or to file an appeal under section 32.‍23;
(c) to pay an amount determined in a compliance agreement, under subsection 32.‍19(1);
(d) to pay an amount determined in a notice of default under subsection 32.‍19(4); or
(e) to pay an amount determined under subsection 32.‍23(4).
End of inserted block

Registration of certificate

32.‍25 (1) On production in any superior court, a certificate issued under section 32.‍24 shall be registered in the court and, when so registered, the certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by His Majesty in right of Canada against the person who is named in the certificate for a debt of the amount set out in the certificate.

Recovery of costs and charges

(2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in the same manner as if they had been certified and the certificate had been registered under subsection (1).

Amounts received deemed public money

(3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.

Limitation period

32.‍26 Proceedings in respect of a violation may not be instituted later than two years after the time when the subject matter of the proceedings arose.

Publication

32.‍27 At any time after a notice of violation is issued and served, the Minister may make public the nature of the violation, the name of the person who committed it and the amount of the penalty.

Notations removed

32.‍28 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the day on which the person has paid every penalty that they are liable to pay, the Minister shall remove the notation of a violation committed by that person from the public record of notices of violation.

Notice

(2) If the Minister is of the opinion that the removal is not in the public interest, the Minister shall give notice of that fact to the person in writing and provide the grounds for that opinion.

Contents of notice

(3) The notice shall include the date that is 30 days after the day on which the notice is served and the particulars concerning the procedure for requesting a review.

Request for review

(4) The person may, no later than the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal.

Date, time and place for review

(5) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify in writing the Minister and the person who filed the request.

Review procedure

(6) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

Determination by Tribunal member

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

Right of appeal

(8) The person who requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Tribunal.

Loss of the right of appeal

(9) A person who does not appear at the review hearing is not entitled to appeal the determination, unless the person establishes that there was sufficient reason to justify their absence.

Disposition of appeal

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

2009, c. 9, s. 30

48 (1) Paragraph 33(1)‍(a) of the Act is replaced by the following:

(a) this Act, Insertion start other than subsection 32.‍13(13) Insertion end ;

2009, c. 9, s. 30

(2) Subsection 33(2) of the Act is replaced by the following:

Punishment

(2) Every person who commits an offence under subsection (1),

Start of inserted block
(a) in the case of an individual,

End of inserted block
- Insertion start (i) Insertion end is liable on indictment to imprisonment for a term Insertion start of Insertion end not Insertion start more than three Insertion end years Insertion start or a fine of not more than $500,000 Insertion end ; or
- Insertion start (ii) Insertion end is liable on summary conviction to Insertion start imprisonment for a term of not more than two years less a day or Insertion end a fine Insertion start of Insertion end not Insertion start more than $250,000; and Insertion end
Start of inserted block
(b) in the case of an organization,
- (i) is liable on indictment to a fine of not more than $10,000,000; or
- (ii) is liable on summary conviction to a fine of not more than $5,000,000.
  End of inserted block

49 (1) Subsection 34(3) of the Act is repealed.

(2) Paragraph 34(4)‍(a) of the Act is replaced by the following:

(a) an offence punishable on summary conviction and liable,
- Insertion start (i) Insertion end Insertion start Insertion end Insertion start in the case of an individual, Insertion end to a fine Insertion start of Insertion end not Insertion start more than $250,000 Insertion end , and
- Insertion start (ii) Insertion end Insertion start Insertion end Insertion start in the case of an organization, to a fine of not more than $5,000,000 Insertion end ; or

1994, c. 40

Marine Transportation Security Act

Amendments to the Act

50 (1) The definitions authorized screening and restricted area in subsection 2(1) of the Marine Transportation Security Act are replaced by the following:

authorized screening means anything authorized or required to be done under any regulation, Insertion start interim order Insertion end , security measure, security rule or Insertion start emergency direction Insertion end 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)

restricted area means an area established under any regulation, Insertion start interim order Insertion end , security measure, security rule or Insertion start emergency direction Insertion end to which access is restricted to authorized persons; (zone réglementée)

(2) Paragraph (d) of the definition marine facility in subsection 2(1) of the Act is replaced by the following:

(d) any marine installation or structure, as defined in section 2 of the Insertion start Oceans Insertion end Act. (installation maritime)

51 Paragraph 4(1)‍(c) of the Act is replaced by the following:

(c) marine installations and structures, in Insertion start accordance with section 20 Insertion end of the Insertion start Oceans Insertion end Act.

52 The Act is amended by adding the following after section 4:

Purpose of Act

Purpose

4.‍1 The purpose of this Act is to promote the security of marine transportation — including the security of people, goods, vessels and marine facilities — in particular by enhancing the resiliency of the marine transportation system, by

(a) taking measures, including developing a regulatory scheme, that deal with threats and reduce direct and indirect risks to the security of marine transportation and the health of persons involved in the marine transportation system and that prevent the unlawful interference with marine transportation;
(b) harmonizing marine practices and implementing Canada’s international obligations; and
(c) promoting cooperation with federal, provincial, foreign and international entities and organizations with respect to the security of marine transportation.
End of inserted block

Authorization by Minister

Power

4.‍2 (1) The Minister may enter into agreements or arrangements for the administration and enforcement of this Act or its regulations and authorize any person or organization, including a port authority incorporated or continued under the Canada Marine Act, a federal Department or agency or a classification society, with whom an agreement or arrangement is entered into to exercise the Minister’s powers — other than the power to make a regulation, an order, including an interim order, a security measure, a security rule or an emergency direction or the power to grant an exemption under section 12 — or perform the Minister’s duties or functions under this Act that are specified in the agreement or arrangement.

Certificate of authorization

(2) The Minister must furnish each authorized individual and each individual exercising powers or performing duties or functions for an authorized person or organization with a certificate specifying the powers they may exercise and the duties and functions they may perform and any restrictions or conditions on the exercise of those powers or the performance of those duties and functions.

Immunity

(3) A holder of a certificate is not personally liable for anything they do or omit to do in good faith under this Act.

53 (1) Subsection 5(1) of the Act is amended by adding the following after paragraph (a):

Start of inserted block
(a.‍1) respecting the establishment of exclusion zones for vessels;
End of inserted block

2001, c. 29, s. 56

(2) Subsection 5(2) of the Act is replaced by the following:

Regulations — security of marine transportation

(2) The Governor in Council may make regulations respecting threats or direct or indirect risks to the security of marine transportation including the security of people, goods, vessels and marine facilities and to the health of persons involved in the marine transportation system.

Regulations — fees and charges

(3) The Governor in Council may make regulations respecting fees and charges to be paid in relation to the administration and enforcement of this Act.

Offence relating to regulations — person

(4) Every person who contravenes a regulation made under subsection (1) or (2) is guilty of an offence and liable

(a) on conviction on indictment
- (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or
- (ii) in the case of a corporation, to a fine of not more than $2,000,000; or
(b) on summary conviction
- (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or
- (ii) in the case of a corporation, to a fine of not more than $1,000,000.
  End of inserted block

Offence relating to regulations — vessel

(5) A vessel that contravenes a regulation made under subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.

54 The Act is amended by adding the following after section 5:

Regulations — disclosure of information

5.‍1 The Governor in Council may make regulations respecting the disclosure of information collected for the purposes of this Act by the Minister to

(a) departments or agencies of the federal government or members or agents of such departments or agencies; or
(b) departments or agencies of the government of a province or agencies of a municipality or members or agents or mandataries of such departments or agencies.
End of inserted block

55 The Act is amended by adding the following after section 6:

Interim Orders

Minister’s power

6.‍1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act, if the Minister believes that immediate action is required to deal with a threat or to reduce a direct or indirect risk to the security of marine transportation or to the health of persons involved in the marine transportation system.

Cessation of effect

(2) An interim order made under this section has effect from the time that it is made or from any later date that may be specified in the interim order but ceases to have effect on the earliest of

(a) the day on which it is repealed,
(b) the day on which a regulation made under section 5 that has the same effect as the interim order comes into force,
(c) one year after the effective date of the interim order or any shorter period that may be specified in the interim order, unless the effective period is extended by the Minister or the Governor in Council, and
(d) the day that is specified in the order of the Minister or the Governor in Council, if the Minister or the Governor in Council extends the effective period of the interim order.
End of inserted block

Extension — Minister

(3) The Minister may extend the effective period of the interim order for a period of no more than one year after the end of the applicable period referred to in paragraph (2)‍(c).

Extension — Governor in Council

(4) The Governor in Council may extend the effective period of the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)‍(c).

Compliance with interim order

(5) Every person and vessel subject to an interim order must comply with it.

Statutory Instruments Act

(6) The Statutory Instruments Act does not apply to an interim order. However, the interim order must be published in the Canada Gazette within 23 days after the day on which it is made.

Tabling of order

(7) The Minister must ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after the day on which it is made. The copy is to be sent to the Clerk of the House if the House is not sitting.

Offence relating to interim orders — person

6.‍2 (1) Every person who contravenes subsection 6.‍1(5) is guilty of an offence and liable

(a) on conviction on indictment
- (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or
- (ii) in the case of a corporation, to a fine of not more than $2,000,000; or
(b) on summary conviction
- (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or
- (ii) in the case of a corporation, to a fine of not more than $1,000,000.
  End of inserted block

Offence relating to interim orders — vessel

(2) A vessel that contravenes subsection 6.‍1(5) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.

Contravention of unpublished order

(3) A person or a vessel must not be found guilty of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette, unless it is proved that, at the time of the alleged contravention, the person or vessel had been notified of the interim order or reasonable steps had been taken to bring the substance of the interim order to the notice of those persons or vessels likely to be affected by it.

Evidence

(4) Evidence that an interim order was given to the master or to any person on board who is, or appears to be, in command or charge of the vessel, other than the pilot, is, in the absence of evidence to the contrary, proof that it was given to the vessel.

56 (1) Subparagraphs 9(a)‍(i) and (ii) of the Act are replaced by the following:

(i) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than five years Insertion end , or to both, or
(ii) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 2,000,000 Insertion end ; or

(2) Subparagraphs 9(b)‍(i) and (ii) of the Act are replaced by the following:

(i) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 500,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both, or
(ii) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end .

57 (1) Subparagraphs 11(a)‍(i) and (ii) of the Act are replaced by the following:

(i) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than five years Insertion end , or to both, or
(ii) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 2,000,000 Insertion end ; or

(2) Subparagraphs 11(b)‍(i) and (ii) of the Act are replaced by the following:

(i) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 500,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both, or
(ii) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end .

58 Section 12 of the Act is replaced by the following:

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, Insertion start interim order Insertion end , 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.

59 Paragraphs 13(2)‍(a) and (b) of the Act are replaced by the following:

(a) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 500,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both; or
(b) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end .

60 The heading before section 16 of the Act is replaced by the following:

Directions

61 (1) The portion of subsection 16(1) of the Act before paragraph (b) is replaced by the following:

Directions to vessels

16 (1) Insertion start If Insertion end the Minister has reasonable grounds to believe that a vessel is a threat, Insertion start or poses a direct or indirect risk to the security of marine transportation Insertion end , including to any person, goods, vessel or marine facility Insertion start or to the health of persons involved in the marine transportation system Insertion end , 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 threat Insertion start or risk Insertion end no longer exists;
Start of inserted block
(a.‍1) to remain outside of any area specified by the Minister;
End of inserted block

(2) Subsections 16(3) and (4) of the Act are replaced by the following:

Compliance with direction

(3) Every vessel subject to a direction, and its operator, must comply with it.

Directions not statutory instruments

(4) For greater certainty, a direction issued under this section is not a statutory instrument Insertion start as defined in subsection 2(1) Insertion end of the Statutory Instruments Act.

62 Section 17 of the Act is replaced by the following:

Offence relating to directions — operator

17 Insertion start (1) Insertion end An operator of a vessel that contravenes Insertion start subsection 16(3) Insertion end is guilty of an offence and liable

(a) on conviction on indictment
- (i) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than five years Insertion end , or to both, or
- (ii) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 2,000,000 Insertion end ; or
(b) on summary conviction
- (i) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 500,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both, or
- (ii) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end .

Offence relating to directions — vessel

(2) A vessel that contravenes subsection 16(3) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.

Precondition for contravention

(3) An operator or vessel must not be found to have contravened subsection 16(3) unless it is proved that, at the time of the alleged contravention, reasonable steps had been taken to bring the substance of the direction to the attention of the operator or vessel.

Certificate — operator

(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.

Certificate — vessel

(5) A certificate appearing to be signed by the Minister, stating that a notice containing the direction was given to the master or to any person on board who is, or appears to be, in command or charge of the vessel, other than the pilot, is evidence that reasonable steps were taken to bring its substance to the attention of the vessel.

Direction issued under paragraph 16(1)‍(a)

17.‍1 (1) If a vessel has been directed to proceed to a port or a marine facility under paragraph 16(1)‍(a), the Minister may direct the port authority or the person in charge of that port or marine facility to allow that vessel to proceed to, or to moor, anchor or remain at, the port or marine facility.

Compliance with direction

(2) Every port authority and person subject to a direction issued under subsection (1) must comply with it.

Directions not statutory instruments

(3) For greater certainty, a direction issued under subsection (1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

Offence relating to subsection 17.‍1(1) directions

17.‍2 (1) A port authority or a person in charge of a port or a marine facility that contravenes subsection 17.‍1(2) is guilty of an offence and liable on summary conviction

(a) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both; or
(b) in the case of a corporation, to a fine of not more than $1,000,000.
End of inserted block

Precondition for contravention

(2) A port authority or a person in charge of a port or a marine facility must not be found to have contravened subsection 17.‍1(2), unless it is proved that, at the time of the alleged contravention, reasonable steps had been taken to bring the substance of the direction to the attention of the port authority or person.

Certificate

(3) A certificate appearing to be signed by the Minister, stating that a notice containing the direction was given to the port authority or the person in charge of a port or a marine facility, is evidence that reasonable steps were taken to bring its substance to the attention of the port authority or person.

Definitions

17.‍3 The following definitions apply in sections 17.‍1 and 17.‍2.

port has the same meaning as in section 5 of the Canada Marine Act.‍ (port)

port authority has the same meaning as in subsection 2(1) of the Canada Marine Act.‍ (administration portuaire)

Emergency Directions

17.‍4 (1) If the Minister is of the opinion that there is an immediate threat to the security of marine transportation, including to any person, goods, vessel or marine facility or to the health of persons involved in the marine transportation system, the Minister may direct that any person or vessel do, or refrain from doing, anything that in the opinion of the Minister is necessary to do or refrain from doing in order to respond to the threat, including directions respecting

(a) the evacuation of vessels and marine facilities, or portions of them;
(b) the suspension of access to vessels and marine facilities, or portions of them;
(c) the requirement for vessels to proceed to alternate mooring or anchorage sites;
(d) the movement of persons on vessels or within marine facilities;
(e) the carrying out of authorized screening;
(f) the establishment of restricted areas or exclusion zones for vessels; and
(g) the suspension of marine operations, including operations related to cargo, ships’ stores and bunkering.
End of inserted block

Duration

(2) An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister repeals it before the expiry of the 72 hours.

Application of emergency direction

(3) An emergency direction may provide that it applies in lieu of or in addition to any regulation made under this Act, any interim order, any security measure or any security rule.

Conflict

(4) If there is a conflict between a regulation made under this Act, an interim order, a security measure or a security rule and an emergency direction, the emergency direction prevails to the extent of the conflict.

Compliance with emergency direction

(5) Every person or vessel subject to an emergency direction must comply with it.

Emergency directions not statutory instruments

(6) For greater certainty, an emergency direction is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

Offence relating to emergency directions — person

17.‍5 (1) Any person that contravenes subsection 17.‍4(5) is guilty of an offence and liable

(a) on conviction on indictment
- (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or
- (ii) in the case of a corporation, to a fine of not more than $2,000,000; or
(b) on summary conviction
- (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or
- (ii) in the case of a corporation, to a fine of not more than $1,000,000.
  End of inserted block

Offence relating to emergency directions — vessel

(2) A vessel that contravenes subsection 17.‍4(5) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.

Precondition for contravention

(3) A person or a vessel must not be found to have contravened subsection 17.‍4(5) unless it is proved that, at the time of the alleged contravention, the person or vessel had been notified of the emergency direction or reasonable steps had been taken to bring its substance to the notice of those persons or vessels likely to be affected by it.

Certificate — persons

(4) A certificate appearing to be signed by the Minister, stating that a notice containing the emergency direction was given to persons likely to be affected by it, is evidence that reasonable steps were taken to bring its substance to the attention of those persons.

Certificate — vessel

(5) A certificate appearing to be signed by the Minister, stating that a notice containing the emergency direction was given to the master or to any person on board who is, or appears to be, in command or charge of the vessel, other than the pilot, is evidence that reasonable steps were taken to bring its substance to the attention of the vessel.

2001, c. 29, s. 57

63 Subsections 19.‍2(2) and (3) of the Act are replaced by the following:

Suspension or cancellation of designation for contraventions

(2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has contravened this Act or any regulation, Insertion start interim order Insertion end , security measure, security rule or Insertion start emergency direction Insertion end , or any condition referred to in subsection 10(6).

Suspension for threat

(3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer Insertion start may pose a Insertion end threat Insertion start or a direct or indirect risk to the Insertion end security Insertion start of Insertion end marine transportation.

2001, c. 29, s. 57

64 Subsection 19.‍8(1) of the Act is replaced by the following:

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 Insertion start under Insertion end 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 Insertion start pose Insertion end , or is likely to continue to Insertion start pose, a Insertion end threat Insertion start or a direct or indirect risk to the Insertion end security Insertion start of Insertion end marine transportation.

65 (1) Subsection 20(4) of the Act is replaced by the following:

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 Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 500,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both.

(2) Paragraphs 20(5)‍(a) and (b) of the Act are replaced by the following:

(a) on conviction on indictment, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than five years Insertion end , or to both; or
(b) on summary conviction, to a fine not exceeding $ Insertion start 500,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both.

66 Paragraphs 21(3)‍(a) and (b) of the Act are replaced by the following:

(a) in the case of an individual, to a fine not exceeding $ Insertion start 100,000 Insertion end ; or
(b) in the case of a corporation, to a fine not exceeding $ Insertion start 1,000,000 Insertion end .

67 (1) Subsection 23(1) of the Act is replaced by the following:

Inspection of vessels and marine facilities

23 (1) For the purpose of ensuring compliance with this Act and any regulation, Insertion start interim order Insertion end , security measure, security rule or Insertion start emergency direction Insertion end , 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.

(2) Paragraph 23(2)‍(b) of the Act is replaced by the following:

(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, Insertion start interim order Insertion end , security measure, security rule or Insertion start emergency direction Insertion end ;

68 (1) Subparagraphs 25(4)‍(a)‍(i) and (ii) of the Act are replaced by the following:

(i) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than five years Insertion end , or to both, or
(ii) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 2,000,000 Insertion end ; or

(2) Subparagraphs 25(4)‍(b)‍(i) and (ii) of the Act are replaced by the following:

(i) in the case of an individual, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 500,000 Insertion end or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both, or
(ii) in the case of a corporation, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $ Insertion start 1,000,000 Insertion end .

69 Section 26 of the English version of the Act is replaced by the following:

Continuing offence

26 Insertion start If Insertion end an offence is committed or continued on more than one day, the person Insertion start or vessel that Insertion end committed it is liable to be convicted of a separate offence for each day on which the offence is committed or continued.

70 Section 28 of the Act is amended by adding the following after subsection (4):

Exception

(5) Subsections (1) and (4) do not apply in respect of offences under subsection 20(4) and paragraphs 25(3)‍(a) to (c) and (e).

Vessels — proof of offence

(6) In a prosecution of a vessel for an offence under this Act, the vessel is liable to be convicted of the offence if it is established that the offence was committed by the operator of the vessel or by any person on board, other than a security inspector, whether or not the person on board has been identified, prosecuted or convicted.

71 Section 29 of the Act is replaced by the following:

Due diligence defence — persons

29 Insertion start (1) Insertion end Insertion start Insertion end Insertion start A Insertion end person Insertion start must not be found guilty Insertion end of an offence Insertion start under this Act, other than an offence under subsection 20(4) or paragraph 25(3)‍(a), (b), (c) or (e) Insertion end , if Insertion start they establish that they Insertion end exercised due diligence to prevent its commission.

Due diligence defence — vessels

(2) A vessel must not be found guilty of an offence under this Act if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

72 Subsection 31(1) of the Act is replaced by the following:

Recovery of fines

31 (1) Insertion start If Insertion end a fine imposed on a person Insertion start or vessel Insertion end convicted of an offence Insertion start under this Act Insertion end 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 Insertion start His Insertion end Majesty in right of Canada against the convicted person Insertion start or vessel Insertion end for a debt in the amount of the fine.

2001, c. 29, s. 59

73 (1) The portion of subsection 33(1) of the English version of the Act before subparagraph (a)‍(ii) is replaced by the following:

If reasonable grounds to believe a violation

33 (1) If the Minister has reasonable grounds to believe that a person Insertion start or vessel Insertion end has committed a violation, the Minister may

(a) enter into an assurance of compliance with the person Insertion start or vessel Insertion end that
- (i) identifies the violation and provides that the person Insertion start or vessel Insertion end will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,

2001, c. 29, s. 59

(2) Subparagraph 33(1)‍(a)‍(iii) of the English version of the Act is replaced by the following:

(iii) sets out the penalty, fixed by or within the range fixed by the regulations, that the person Insertion start or vessel Insertion end would have been liable to pay for the violation if the assurance had not been entered into; or

2001, c. 29, s. 59

(3) The portion of paragraph 33(1)‍(b) of the English version of the Act before subparagraph (ii) is replaced by the following:

(b) issue, and cause to be served on the person Insertion start or vessel Insertion end , a notice of violation that names the person Insertion start or vessel Insertion end , identifies the violation and sets out
- (i) the penalty, fixed by or within the range fixed by the regulations, that the person Insertion start or vessel Insertion end is liable to pay for the violation,

2001, c. 29, s. 59

(4) Subsection 33(2) of the English version of the Act is replaced by the following:

Extension of period

(2) The Minister may extend the period specified under subparagraph (1)‍(a)‍(i) if the Minister is satisfied that the person Insertion start or vessel Insertion end is unable to comply with the assurance of compliance for reasons beyond the person Insertion start or vessel Insertion end ’s control.

2001, c. 29, s. 59

74 Sections 34 and 35 of the English version of the Act are replaced by the following:

Deemed violation

34 (1) A person Insertion start or vessel that Insertion end enters into an assurance of compliance under paragraph 33(1)‍(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.

Request for review

(2) A person Insertion start or vessel that Insertion end enters into an assurance of compliance may, within Insertion start 48 Insertion end hours after the assurance is signed, unless a notice of default is served within that period under subsection 36(1), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under subsection 39(1) of the facts of the violation and of the amount of the penalty is deemed to have been requested.

When assurance of compliance complied with

35 If the Minister is satisfied that an assurance of compliance under paragraph 33(1)‍(a) has been complied with, the Minister Insertion start must Insertion end cause a notice to that effect to be served on the person Insertion start or vessel Insertion end and, on the service of the notice,

(a) no further proceedings may be taken against the person Insertion start or vessel Insertion end with respect to the violation in respect of which the assurance was entered into; and
(b) any security deposited under subparagraph 33(1)‍(a)‍(ii) must be returned to the person Insertion start or vessel Insertion end .

2001, c. 29, s. 59

75 (1) The portion of subsection 36(1) of the English version of the Act before paragraph (b) is replaced by the following:

When assurance of compliance not complied with

36 (1) If the Minister is of the opinion that a person Insertion start or vessel that Insertion end has entered into an assurance of compliance has not complied with it, the Minister may cause a notice of default to be served on the person Insertion start or vessel Insertion end to the effect that, unless a member determines under section 37, or an appeal panel decides under section 40, that the assurance has been complied with,

(a) the person Insertion start or vessel Insertion end is liable to pay double the amount of the penalty set out in the assurance; or

2001, c. 29, s. 59

(2) Subsection 36(3) of the English version of the Act is replaced by the following:

No set-off

(3) On the service of a notice of default, the person Insertion start or vessel Insertion end served has no right of set-off Insertion start or compensation Insertion end against any amount spent by the person Insertion start or vessel Insertion end under the assurance of compliance.

2001, c. 29, s. 59

76 (1) Subsections 37(1) to (4) of the English version of the Act are replaced by the following:

Request for review

37 (1) A person Insertion start or vessel that Insertion end is served with a notice under subsection 36(1) may file a written request for a review, on or before the date specified in the notice or within any further time that the Tribunal on application allows.

Time and place for review

(2) On receipt of a request filed under subsection (1), the Tribunal Insertion start must Insertion end appoint a time and place for the review and Insertion start must Insertion end notify the Minister and the person Insertion start or vessel that Insertion end filed the request of the time and place in writing.

Review procedure

(3) The member of the Tribunal assigned to conduct the review Insertion start must Insertion end provide the Minister and the person Insertion start or vessel that Insertion end filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Burden of proof

(4) The burden is on the Minister to establish that the person Insertion start or vessel Insertion end did not comply with the assurance of compliance referred to in the notice. The person Insertion start or vessel Insertion end is not required, and Insertion start must Insertion end not be compelled, to give any evidence or testimony in the matter.

2001, c. 29, s. 59

(2) Subsection 37(5) of the Act is replaced by the following:

Certain defences not available

(5) Insertion start Despite section 45 Insertion end , a person Insertion start or vessel Insertion end does not have a defence by reason that the person Insertion start or vessel Insertion end exercised all due diligence to comply with the assurance of compliance.

2001, c. 29, s. 59

(3) Subsection 37(6) of the English version of the Act is replaced by the following:

Determination

(6) The member may confirm the Minister’s decision or determine that the person Insertion start or vessel Insertion end has complied with the assurance of compliance.

2001, c. 29, s. 59

77 The portion of section 38 of the English version of the Act before paragraph (b) is replaced by the following:

Return of security

38 Any security deposited under subparagraph 33(1)‍(a)‍(ii) Insertion start must Insertion end be returned to the person Insertion start or vessel Insertion end if

(a) the person Insertion start or vessel Insertion end pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice under subsection 36(1); or

2001, c. 29, s. 59

78 (1) The portion of subsection 39(1) of the English version of the Act before paragraph (a) is replaced by the following:

Notice of violation

39 (1) A person Insertion start or vessel Insertion end served with a notice of violation under paragraph 33(1)‍(b) must

2001, c. 29, s. 59

(2) Subsections 39(2) to (5) of the English version of the Act are replaced by the following:

When review not requested

(2) If a review of the facts of the violation is not requested, the person Insertion start or vessel Insertion end is deemed to have committed the violation in respect of which the notice was served.

Time and place for review

(3) On receipt of a request filed under paragraph (1)‍(b), the Tribunal Insertion start must Insertion end appoint a time and place for the review and Insertion start must Insertion end notify the Minister and the person Insertion start or vessel that Insertion end filed the request of the time and place in writing.

Review procedure

(4) The member of the Tribunal assigned to conduct the review Insertion start must Insertion end provide the Minister and the person Insertion start or vessel that Insertion end filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Burden of proof

(5) The burden is on the Minister to establish that the person Insertion start or vessel Insertion end committed the violation referred to in the notice. The person Insertion start or vessel Insertion end is not required, and Insertion start must Insertion end not be compelled, to give any evidence or testimony in the matter.

2001, c. 29, s. 59

79 Subsection 40(1) of the English version of the Act is replaced by the following:

Right of appeal

40 (1) The Minister or the person Insertion start or vessel that Insertion end requested the review of the decision may appeal a determination made under subsection 37(6) or 39(6) to the Tribunal within Insertion start 30 Insertion end days after the determination.

2001, c. 29, s. 59

80 Section 45 of the Act is replaced by the following:

Due diligence defence — persons

45 Insertion start (1) Insertion end Insertion start Insertion end Insertion start A Insertion end person Insertion start must not be found to be Insertion end liable for a violation Insertion start if they establish that they Insertion end exercised due diligence to prevent Insertion start its Insertion end commission.

Due diligence defence — vessels

(2) A vessel must not be found to be liable for a violation if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission.

2001, c. 29, s. 59

81 (1) Subsection 46(1) of the English version of the Act is replaced by the following:

Violation by employee or agent or mandatary

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

(2) Subsections 46(2) and (3) of the French version of the Act are replaced by the following:

Exploitant du bâtiment

(2) L’exploitant d’un bâtiment peut être Insertion start tenu Insertion end responsable d’une violation, en rapport avec ce bâtiment, commise par une autre personne, que celle-ci ait été ou non identifiée ou poursuivie aux termes des articles 33 à 43 de la présente loi, à moins que, lors de la violation, le bâtiment n’ait été en la possession d’une autre personne sans son consentement.

Exploitant de l’installation maritime

(3) L’exploitant d’une installation maritime peut être Insertion start tenu Insertion end responsable d’une violation, en rapport avec cette installation maritime, commise par une autre personne avec son consentement, que cette personne ait été ou non identifiée ou poursuivie aux termes des articles 33 à 43 de la présente loi.

2001, c. 29, s. 59

(3) Subsection 46(4) of the English version of the Act is replaced by the following:

Officers, etc.‍, of corporation

(4) An officer, director or agent Insertion start or mandatary Insertion end of a corporation that commits a violation under this Act is a party to and liable for the violation if Insertion start they Insertion end 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.

82 The Act is amended by adding the following after section 46:

Proof of violation by vessel

46.‍1 (1) It is sufficient proof that a vessel has committed a violation to establish that the act or omission that constitutes the violation was committed by the operator of the vessel or by any person on board, other than a security inspector, whether or not the person on board has been identified or proceeded against under sections 33 to 43.

Party to violation committed by vessel

(2) If a vessel commits a violation under this Act and the operator of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the violation, the operator is a party to and liable for the violation, whether or not the vessel has been proceeded against under sections 33 to 43.

2001, c. 29, s. 59

83 (1) The portion of subsection 47(1) of the English version of the Act before paragraph (b) is replaced by the following:

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 Insertion start or vessel Insertion end :

(a) payment by the person Insertion start or vessel Insertion end of every penalty that the person Insertion start or vessel Insertion end 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

2001, c. 29, s. 59

(2) Subsection 47(2) of the English version of the Act is replaced by the following:

Duty to notify

(2) When the Minister is of the opinion that removal of a notation is not in the public interest, the Minister Insertion start must Insertion end give notice of that fact to the person Insertion start or vessel Insertion end .

2001, c. 29, s. 59

(3) Subsections 47(6) and (7) of the English version of the Act are replaced by the following:

Right of appeal

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

Loss of right of appeal

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

2001, c. 29, s. 59

84 Section 48 of the Act is replaced by the following:

Public record

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

2001, c. 29, s. 59

85 Paragraph 51(c) of the Act is replaced by the following:

(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 $ Insertion start 250,000 Insertion end 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;
Start of inserted block
(c.‍1) respecting persons who can request a review on behalf of a vessel in relation to an alleged violation by the vessel;
(c.‍2) respecting the service of documents, including the proof of their service and the circumstances under which they are deemed to have been served, on a vessel; and
End of inserted block

Transitional Provisions

Definition of other Act

86 In sections 87 to 90, other Act means the Marine Transportation Security Act, as amended by sections 50 to 85 of this Act.

Deemed violation — interim order

87 (1) A contravention of subsection 6.‍1(5) of the other Act is deemed to be a violation for the purposes of sections 33 to 51 of the other Act and the provisions of any regulations made under section 51 of the other Act.

Range of penalties

(2) The range of penalties in respect of a violation referred to in subsection (1) is $260 to $250,000.

Continued violation

(3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued.

Repeal

(4) This section is repealed on the day on which a regulation made under section 51 of the other Act that designates the contravention of subsection 6.‍1(5) of the other Act as a violation for the purposes of section 32 of the other Act comes into force.

Deemed violation — subsection 16(3)

88 (1) A contravention of subsection 16(3) of the other Act is deemed to be a violation for the purposes of sections 33 to 51 of the other Act and the provisions of any regulations made under section 51 of the other Act.

Range of penalties

(2) The range of penalties in respect of a violation referred to in subsection (1) is $2,625 to $250,000.

Continued violation

(3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued.

Repeal

(4) This section is repealed on the day on which a regulation made under section 51 of the other Act that designates the contravention of subsection 16(3) of the other Act as a violation for the purposes of section 32 of the other Act comes into force.

Deemed violation — subsection 17.‍1(2)

89 (1) A contravention of 17.‍1(2) of the other Act is deemed to be a violation for the purposes of sections 33 to 51 of the other Act and the provisions of any regulations made under section 51 of the other Act.

Range of penalties

(2) The range of penalties in respect of a violation referred to in subsection (1) is $1,300 to $250,000.

Continued violation

(3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued.

Repeal

(4) This section is repealed on the day on which a regulation made under section 51 of the other Act that designates the contravention of subsection 17.‍1(2) of the other Act as a violation for the purposes of section 32 of the other Act comes into force.

Deemed violation — emergency direction

90 (1) A contravention of subsection 17.‍4(5) of the other Act is deemed to be a violation for the purposes of sections 33 to 51 of the other Act and the provisions of any regulations made under section 51 of the other Act.

Range of penalties

(2) The range of penalties in respect of a violation referred to in subsection (1) is $1,300 to $250,000.

Continued violation

(3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued.

Repeal

(4) This section is repealed on the day on which a regulation made under section 51 of the other Act that designates the contravention of subsection 17.‍4(5) of the other Act as a violation for the purposes of section 32 of the other Act comes into force.

Coordinating Amendment

2012, c. 17

91 (1) In this section, other Act means the Protecting Canada’s Immigration System Act.

(2) If subsection 53(2) of this Act comes into force before section 70 of the other Act, then that section 70 is repealed.

(3) If section 70 of the other Act comes into force before subsection 53(2) of this Act, then

(a) that subsection 53(2) is deemed never to have come into force and is repealed; and
(b) on the day on which section 50 of this Act comes into force, subsections 5(2) and (3) of the Marine Transportation Security Act are replaced by the following:
Regulations — security of marine transportation

(2) The Governor in Council may make regulations respecting threats or direct or indirect risks to the security of marine transportation including the security of people, goods, vessels and marine facilities and to the health of persons involved in the marine transportation system.

Regulations — fees and charges

(3) The Governor in Council may make regulations respecting fees and charges to be paid in relation to the administration and enforcement of this Act.

Offence — person

(4) Every person who contravenes a regulation made under subsection (1) or (2) is guilty of an offence and liable
- (a) on conviction on indictment
  
  (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or
  
  (ii) in the case of a corporation, to a fine of not more than $2,000,000; or
- (b) on summary conviction
  
  (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or
  
  (ii) in the case of a corporation, to a fine of not more than $1,000,000.
Offence — vessel

(5) A vessel that contravenes a regulation made under subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.

(4) If section 70 of the other Act comes into force on the same day as subsection 53(2) of this Act, then that section 70 is deemed never to have come into force and is repealed.

(5) If section 54 of this Act comes into force before section 71 of the other Act, then that section 71 is repealed.

(6) If section 71 of the other Act comes into force before section 54 of this Act, then

(a) that section 54 is deemed never to have come into force and is repealed; and
(b) on the day on which section 50 of this Act comes into force, section 5.‍1 of the Marine Transportation Security Act is replaced by the following:
Regulations — disclosure of information

5.‍1 The Governor in Council may make regulations respecting the disclosure of information collected for the purposes of this Act by the Minister to
- (a) departments or agencies of the federal government or members or agents of such departments or agencies; or
- (b) departments or agencies of the government of a province or agencies of a municipality or members or agents or mandataries of such departments or agencies.

(7) If section 71 of the other Act comes into force on the same day as section 54 of this Act, then that section 71 is deemed never to have come into force and is repealed.

(8) If section 62 of this Act comes into force before section 72 of the other Act, then that section 72 is repealed.

(9) If section 72 of the other Act comes into force on the same day as section 62 of this Act, then that section 72 is deemed never to have come into force and is repealed.

(10) If section 68 of this Act comes into force before section 73 of the other Act, then that section 73 is repealed.

(11) If section 73 of the other Act comes into force before section 68 of this Act, then, on the day on which that section 68 comes into force,

(a) the portion of paragraph 25(4) of the Marine Transportation Security Act before paragraph (a) is replaced by the following:

Offence

(4) Every person who contravenes this section is guilty of an offence and liable
(b) subsection 25(5) of the Marine Transportation Security Act is repealed.

(12) If section 73 of the other Act comes into force on the same day as section 68 of this Act, then that section 73 is deemed never to have come into force and is repealed.

(13) If section 69 of this Act comes into force before section 74 of the other Act, then that section 74 is repealed.

(14) If section 74 of the other Act comes into force before section 69 of this Act, then that section 69 is deemed never to have come into force and is repealed.

(15) If section 74 of the other Act comes into force on the same day as section 69 of this Act, then that section 74 is deemed never to have come into force and is repealed.

(16) If section 70 of this Act comes into force before section 75 of the other Act, then that section 75 is repealed.

(17) If section 75 of the other Act comes into force before section 70 of this Act, then

(a) that section 70 is deemed never to have come into force and is repealed; and
(b) on the day on which section 50 of this Act comes into force, subsections 28(5) and (6) of the Marine Transportation Security Act are replaced by the following:

Exception

(5) Subsections (1) and (4) do not apply in respect of offences under subsection 20(4) and paragraphs 25(3)‍(a) to (c) and (e).

Vessels — proof of offence

(6) In a prosecution of a vessel for an offence under this Act, the vessel is liable to be convicted of the offence if it is established that the offence was committed by the operator of the vessel or by any person on board, other than a security inspector, whether or not the person on board has been identified, prosecuted or convicted.

(18) If section 75 of the other Act comes into force on the same day as section 70 of this Act, then that section 75 is deemed never to have come into force and is repealed.

(19) If section 71 of this Act comes into force before section 76 of the other Act, then that section 76 is repealed.

(20) If section 76 of the other Act comes into force on the same day as section 71 of this Act, then that section 76 is deemed never to have come into force and is repealed.

(21) If section 72 of this Act comes into force before section 77 of the other Act, then that section 77 is repealed.

(22) If section 77 of the other Act comes into force before section 72 of this Act, then

(a) that section 72 is deemed never to have come into force and is repealed;
(b) on the day on which section 50 of this Act comes into force, subsection 31(1) of the English version of the Marine Transportation Security Act is replaced by the following:

Recovery of fines

31 (1) If a fine imposed on a person or vessel convicted of an offence under this Act 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 His Majesty in right of Canada against the convicted person or vessel for a debt in the amount of the fine.

(23) If section 77 of the other Act comes into force on the same day as section 72 of this Act, then that section 77 is deemed never to have come into force and is repealed.

1996, c. 10

Canada Transportation Act

92 Section 6.‍2 of the Canada Transportation Act is amended by adding the following after subsection (3):

Use of automated systems

(4) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision or determination under this Act or any other Act of Parliament that the Minister administers or enforces, and may be used by a designated person to make a decision or determination under any such Act if the system is made available to the designated person by the Minister.

93 The Act is amended by adding the following after section 6.‍4:

Means of telecommunication

6.‍41 (1) For a purpose related to verifying compliance or preventing non-compliance with an Act of Parliament that the Minister administers or enforces, or regulations made under that Act, or for a purpose related to determining if a violation within the meaning of that Act has been committed, a person is considered to have entered a place when accessing it remotely by a means of telecommunication.

Limitation — place not accessible to the public

(2) A person who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).

2007, c. 19, s. 13

94 (1) Subsection 53.‍1(2) of the Act is replaced by the following:

Notice — transportation undertaking situated in a port

(1.‍1) A person to whom subsection (1) does not apply and who is a party to a proposed transaction that meets the following conditions must give notice to the Minister and, at the same time, to the Commissioner of Competition of the proposed transaction before it is completed:

(a) the transaction is not referred to in any of sections 111, 112 or 113 of the Competition Act;
(b) it involves a transportation undertaking situated in a port, within the meaning of section 5 of the Canada Marine Act; and
(c) the aggregate value of the assets in Canada that are the subject of the transaction, or the gross revenues from sales in or from Canada generated from those assets, exceed $10,000,000, as calculated under any of subsections 110(2) to (6) of the Competition Act, in accordance with the type of proposed transaction.
End of inserted block

Exception

(1.‍2) Subsection (1.‍1) does not apply to

(a) an individual who is a natural person within the meaning of paragraph (b) of that definition in Article 8.‍1 of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, or in the version of that Article 8.‍1 as it is incorporated by reference to the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020, by that agreement’s Article I; or
(b) an enterprise of a Party that is an investor within the meaning of those definitions in Article 8.‍1 of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, or in the version of that Article 8.‍1 as it is incorporated by reference to the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020, by that agreement’s Article I — other than such an enterprise that is constituted or organized under Canadian law.
End of inserted block

Information — subsection (1) notice

(2) A notice given Insertion start under subsection (1) must Insertion end , subject to the regulations, contain the information required under subsection 114(1) of the Competition Act. The notice Insertion start must Insertion end also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that the Minister Insertion start issues Insertion end and Insertion start publishes Insertion end . After receipt of a notice, the Minister may require the person who has given the notice to provide further information.

Information — subsection (1.‍1) notice

(2.‍01) A notice given under subsection (1.‍1) must, subject to the regulations, contain the information that would be required under subsection 114(1) of the Competition Act if the person giving the notice were required to give notice under that subsection. The notice must also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that the Minister issues and publishes. After receipt of a notice, the Minister may require the person who has given the notice to provide further information.

2007, c. 19, s. 13

(2) Subsections 53.‍1(2.‍1) and (3) of the English version of the Act are replaced by the following:

Guidelines

(2.‍1) Guidelines referred to in Insertion start subsections Insertion end (2) Insertion start and (2.‍01) must Insertion end be elaborated in consultation with the Competition Bureau and Insertion start must Insertion end include factors that may be considered to determine whether a proposed transaction raises issues with respect to the public interest as it relates to national transportation.

Not statutory instruments

(3) Guidelines referred to in Insertion start subsections Insertion end (2) Insertion start and (2.‍01) Insertion end are not statutory instruments within the meaning of the Statutory Instruments Act.

2007, c. 19, s. 13

(3) Subsection 53.‍1(4) of the Act is replaced by the following:

No public interest issues

(4) If the Minister is of the opinion that the proposed transaction does not raise issues with respect to the public interest as it relates to national transportation, the Minister Insertion start must Insertion end , within 42 days after a person gives notice under subsection (1) Insertion start or (1.‍1) Insertion end , give notice of the opinion to that person, in which case sections 53.‍2 and 53.‍3 do not apply in respect of that transaction.

2007, c. 19, s. 13

95 (1) Subsections 53.‍2(1) and (2) of the Act are replaced by the following:

Prohibition

53.‍2 (1) Insertion start A Insertion end person Insertion start must not Insertion end complete a proposed transaction referred to in subsection 53.‍1(1) Insertion start or (1.‍1) Insertion end unless the transaction is approved by the Governor in Council and, in the case of a transaction Insertion start referred to in section 53.‍3 Insertion end , the Agency determines that the transaction would result in an air transportation undertaking that is Canadian as defined in subsection 55(1).

Commissioner’s report — subsection 53.‍1(1) transaction

(2) The Commissioner of Competition Insertion start must Insertion end within 150 days after the Commissioner is notified of Insertion start a Insertion end proposed transaction under subsection 114(1) of the Competition Act, or within any longer period that the Minister may allow, report to the Minister and the parties to the transaction on any concerns regarding potential prevention or lessening of competition that may occur as a result of the transaction.

Commissioner’s report — subsection 53.‍1(1.‍1) transaction

(2.‍1) The Commissioner of Competition may within 150 days after the Commissioner is notified of a proposed transaction under subsection 53.‍1(1.‍1), or within any longer period that the Minister may allow, report to the Minister and the parties to the transaction on any concerns regarding potential prevention or lessening of competition that may occur as a result of the transaction.

(2) The portion of subsection 53.‍2(4) of the Act before paragraph (a) is replaced by the following:

Concerns relating to public interest and competition

(4) After receipt of the Commissioner’s report, Insertion start if applicable Insertion end , and any report given under subsection 53.‍1(6), but before the Minister makes a recommendation for the purposes of subsection (7), the Minister Insertion start must Insertion end

2007, c. 19, s. 13

96 Paragraph 53.‍5(a) of the Act is replaced by the following:

(a) specifying information required in Insertion start notices Insertion end under Insertion start subsections Insertion end 53.‍1(1) Insertion start and (1.‍1) Insertion end ; and

2007, c. 19, s. 13

97 The portion of subsection 53.‍6(1) of the Act before paragraph (a) is replaced by the following:

Offence — subsection 53.‍1(1) and (1.‍1)

53.‍6 (1) Every person who contravenes subsection 53.‍1(1) Insertion start or (1.‍1) Insertion end is guilty of an offence and is liable

2018, c. 10, s. 14

98 The definition arrangement in section 53.‍7 of the Act is replaced by the following:

arrangement means an agreement or arrangement, other than a transaction referred to in subsection 53.‍1(1) Insertion start or (1.‍1) Insertion end , involving two or more transportation undertakings providing air services, as defined in subsection 55(1), to, from or within Canada, to coordinate on any aspect of the operation or marketing of such services, including prices, routes, schedules, capacity or ancillary services and to share costs or revenues or other resources or benefits.‍ (entente)

99 The Act is amended by adding the following before the heading “Enforcement” before section 173:

Declaration

Works for the general advantage of Canada

172.‍5 The terminals situated within a port, within the meaning of section 5 of the Canada Marine Act, are declared to be works for the general advantage of Canada.

1998, c. 10

Canada Marine Act

100 Paragraph 4(f) of the Canada Marine Act is replaced by the following:

(f) manage the marine infrastructure and services in a commercial manner that encourages, and takes into account, input from users, Insertion start Indigenous peoples Insertion end and the community in which a port or harbour is located;
Start of inserted block
(f.‍1) manage the marine infrastructure and services, including through the participation of port authorities, in a manner that maintains the security and enhances the resiliency of supply chains, safeguards national security and promotes healthy competition dynamics;
(f.‍2) manage traffic, including mooring and anchorage, in order to promote the efficiency of supply chains;
End of inserted block

101 (1) The portion of paragraph 8(2)‍(f) of the Act before subparagraph (i) is replaced by the following:

(f) the number of directors, between seven and Insertion start 13 Insertion end , to be appointed under section 14, to be chosen as follows:

2008, c. 21, s. 5(3)

(2) Subparagraphs 8(2)‍(f)‍(ii) and (iii) of the Act are replaced by the following:

(ii) Insertion start up to two individuals Insertion end appointed by the municipalities mentioned in the letters patent,
(iii) in the case of Insertion start a Insertion end port wholly or partially located in Vancouver, Insertion start Prince Rupert or Thunder Bay Insertion end , one individual appointed by the province in which the port is situated and another individual appointed by the Provinces of Alberta, Saskatchewan and Manitoba acting together, and, Insertion start in any other case, up to two individuals appointed by the provinces mentioned in the letters patent Insertion end , and

(3) Subsection 8(2) of the Act is amended by adding the following after paragraph (g):

Start of inserted block
(g.‍1) the principles and guidelines governing the port authority’s advisory committees established under section 33.‍1, including their composition and administration;
End of inserted block

(4) Subsection 8(2) of the Act is amended by adding the following after paragraph (j):

Start of inserted block
(j.‍1) the schedule for the development of the port authority’s land-use plans, setting out intervals of no more than five years;
End of inserted block

2008, c. 21, s. 5(4)

(5) Paragraph 8(2)‍(l) of the Act is replaced by the following:

(l) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes;
Start of inserted block
(l.‍1) the schedule for the submission of the port authority’s borrowing plans, setting out intervals of no more than three years; and
End of inserted block

102 (1) Paragraph 14(1)‍(b) of the Act is replaced by the following:

(b) the municipalities mentioned in the letters patent appoint one Insertion start or two individuals, as mentioned in the letters patent Insertion end ;

2008, c. 21, s. 10

(2) Subsection 14(2) of the Act is replaced by the following:

Tenure of office

(2) Directors are appointed to hold office for Insertion start a Insertion end renewable term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors.

103 The Act is amended by adding the following after section 15:

Security Assessment

15.‍1 Each director of a port authority appointed under paragraph 14(1)‍(b) or (c) must undergo the security assessment that the Minister determines to be appropriate and maintain the security certification from the Government of Canada that is obtained as a result of that assessment.

104 (1) Paragraphs 16(a) and (b) of the Act are replaced by the following:

(a) a mayor or councillor of a municipality mentioned in the letters patent;
Start of inserted block
(a.‍1) an officer or employee of a municipality mentioned in the letters patent whose employment would result in them being in a conflict of interest with the activities of the port authority;
End of inserted block
(b) a member of the legislature of a province mentioned in the letters patent;
Start of inserted block
(b.‍1) an officer or employee of the public service of a province mentioned in the letters patent whose employment would result in them being in a conflict of interest with the activities of the port authority;
End of inserted block

2008, c. 21, s. 11

(2) Paragraph 16(c.‍1) of the Act is replaced by the following:

(c.‍1) an officer or employee of the federal public administration or a port authority;

105 Section 17 of the Act is replaced by the following:

Chairperson — Appointment

17 Insertion start After consulting with Insertion end the board of directors, Insertion start the Minister designates Insertion end a chairperson from among their number for a renewable term Insertion start of not more than Insertion end two years.

Chairperson — absence or incapacity

17.‍1 In the event of the absence or incapacity of the chairperson, or a vacancy in that office, the vice-chairperson or, if there is no vice-chairperson, a member of the board who is designated by a resolution of the board of directors is authorized to act as chairperson for a term of no more than 90 days without the Minister’s approval.

106 Subsection 19(1) of the Act is amended by adding the following after paragraph (b):

Start of inserted block
(b.‍1) no longer has a valid security certification referred to in section 15.‍1, if the director was appointed under paragraph 14(1)‍(b) or (c);
End of inserted block

107 (1) Subsection 27(1) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):

Start of inserted block
(i) respecting the administrative requirements for a port authority’s advisory committees established under section 33.‍1;
(j) respecting the conduct of governance assessments carried out under section 33.‍2 and the information a port authority must provide to the Minister in its report in respect of such an assessment; and
(k) providing for the information that must be included in a port authority’s business plan under section 39.
End of inserted block

(2) Subsections 27(2) and (3) of the Act are replaced by the following:

Regulations — environment and climate change

(1.‍1) For the purposes of this Part, the Governor in Council may make regulations respecting the impact of the operation of a port by a port authority on the environment, including climate change, and the impact of climate change on the operation of a port, including regulations

(a) establishing a greenhouse gas emissions reduction target in respect of the operation of a port by a port authority;
(b) respecting the contents of a five-year climate change plan;
(c) respecting the contents of a five-year plan respecting climate change adaptation actions;
(d) respecting the contents of the annual reports respecting the five-year plans;
(e) respecting public participation in the development of five-year plans respecting climate change and climate change adaptation actions; and
(f) imposing obligations on a port authority in respect of the climate change adaptation actions it must undertake.
End of inserted block

Application

(2) A regulation made under subsection (1) Insertion start or (1.‍1) Insertion end may apply to only one port authority or wholly-owned subsidiary of a port authority.

Binding on His Majesty

(3) A regulation made under subsection (1) Insertion start or (1.‍1) Insertion end may be made binding on Insertion start His Insertion end Majesty in right of Canada or a province.

108 (1) Paragraph 28(2)‍(a) of the Act is replaced by the following:

(a) port activities related to shipping, navigation, transportation of passengers and goods, handling of goods and storage of goods, Insertion start including activities carried on in relation to real property and immovables that are not adjacent to navigable waters Insertion end , to the extent that those activities are specified in the letters patent; and

2008, c. 21, sub. 17(2)

(2) Subsection 28(5.‍1) of the Act is repealed.

2008, c. 21, s. 18

109 Section 30.‍1 of the Act is replaced by the following:

Borrowing plan

30.‍1 The directors of a port authority must submit its borrowing plan to the Minister within one year after the later of the day on which this section comes into force and the day on which its letters patent are issued and, after that, in accordance with the schedule set out in its letters patent.

110 The Act is amended by adding the following after section 33:

Governance

Advisory Committees

33.‍1 (1) A port authority must establish a community advisory committee, an Indigenous advisory committee and a local government advisory committee, in accordance with its letters patent.

Purpose

(2) A port authority must consult its advisory committees regularly with respect to issues related to port activities.

Assessment

33.‍2 At least once every three years, a port authority must conduct an assessment of its governance practices in accordance with the regulations and submit a report to the Minister.

111 Subsection 35(2) of the Act is replaced by the following:

Notice of meeting

(2) A port authority Insertion start must Insertion end , at least thirty days before the annual meeting, Insertion start publish a notice on its website and Insertion end have a notice published in a major newspaper published or distributed in the municipalities where the port is situated setting out the time and location of the meeting and specifying that the port authority’s financial statements are available to the public Insertion start on its website and Insertion end at its registered office.

112 (1) Subsection 37(1) of the Act is replaced by the following:

Public to get financial statements

37 (1) A port authority Insertion start must Insertion end , at least thirty days before the annual meeting, Insertion start publish Insertion end its audited annual financial statements and those of its wholly-owned subsidiaries for the preceding fiscal year Insertion start on its website Insertion end and make Insertion start them Insertion end available for inspection by the public at its registered office during normal business hours.

(2) The portion of subsection 37(2) of the Act before paragraph (a) is replaced by the following:

(2) The financial statements Insertion start must Insertion end be prepared in accordance with Insertion start the International Financial Reporting Standards, adopted by the Accounting Standards Board and effective as of January 1, 2011 Insertion end , and consist of at least the following:

113 The Act is amended by adding the following after section 37:

Quarterly financial reports

37.‍1 (1) Each port authority must, in respect of itself and its wholly-owned subsidiaries, cause to be prepared a quarterly financial report for each of the first three quarters of each financial year of the port authority.

(2) The report must be prepared in accordance with the International Financial Reporting Standards, adopted by the Accounting Standards Board and effective as of January 1, 2011, and contain

(a) a financial statement for the quarter and for the period from the start of the financial year to the end of that quarter;
(b) comparative financial information for the preceding financial year; and
(c) a statement outlining the results, risks and significant changes in relation to operations, personnel and programs.
End of inserted block

Publication of report

(3) The port authority must publish the report on the port authority’s website within 60 days after the end of the quarter to which the report relates.

2008, c. 21, s. 21

114 Sections 39 and 40 of the Act are replaced by the following:

Business plan

39 A port authority Insertion start must Insertion end , within three months after the end of each fiscal year, submit to the Minister, in respect of itself and each of its wholly-owned subsidiaries, a five-year business plan containing any information Insertion start prescribed by regulation and a description of Insertion end any material changes in respect of information provided in the previous business plan.

Manner of presenting information

40 Insertion start A Insertion end port Insertion start authority’s Insertion end financial statements, Insertion start quarterly financial reports Insertion end and business plan Insertion start must Insertion end be prepared in a form that clearly sets out information about each of the activities of the port authority and its wholly-owned subsidiaries, with the information about port activities referred to in paragraph 28(2)‍(a) set out separately from the information about other activities referred to in paragraph 28(2)‍(b).

115 Subsections 42(3) and (4) of the Act are replaced by the following:

Notice of report

(3) A port authority Insertion start must Insertion end , as soon as is practicable after it receives the summary report, Insertion start publish a Insertion end notice of the summary report Insertion start on its website Insertion end and have Insertion start that notice Insertion end published in a major newspaper published or distributed in the Insertion start municipalities Insertion end where the port is situated.

Report available to public

(4) A port authority Insertion start must publish Insertion end the summary report Insertion start on its website and Insertion end make Insertion start it Insertion end available for inspection by the public at its registered office during normal business hours.

116 The Act is amended by adding the following after section 43:

Climate Change Plans and Reports

Five-year plan — climate change

43.‍1 (1) A port authority must prepare, in respect of itself and each of its wholly-owned subsidiaries, a five-year climate change plan within one year after the later of the day on which this section comes into force and the day on which its letters patent are issued and, after that, within five years after the previous plan was prepared.

(2) The plan must contain

(a) a greenhouse gas emissions reduction target in respect of the operation of a port by a port authority;
(b) a description of actions to be taken to achieve the greenhouse gas emissions reduction target;
(c) information relating to any material changes in respect of information that was provided in the previous plan; and
(d) any prescribed information.
End of inserted block

Five-year plan — adaptation actions

43.‍2 (1) A port authority must prepare, in respect of itself and each of its wholly-owned subsidiaries, a five-year plan respecting climate change adaptation actions within two years after the later of the day on which this section comes into force and the day on which its letters patent are issued and, after that, within five years after the previous plan was prepared.

(2) The plan must contain

(a) a description of the current and anticipated impacts of climate change on the operation of the port and on the assets managed by the port authority and any adaptation actions to be taken to address those impacts;
(b) a description of current and future commercial opportunities for the port authority arising from the impacts of climate change on the operation of the port and on the assets managed by the port authority, if any, and any actions to be taken to take advantage of them;
(c) information relating to any material changes in respect of information that was provided in the previous plan; and
(d) any prescribed information.
End of inserted block

Development

43.‍3 Each five-year plan must be developed in a manner consistent with recognized international standards.

Publication

43.‍4 The port authority must publish each five-year plan on its website no later than three months after the end of the fiscal year in which the plan was prepared.

Annual report

43.‍5 (1) A port authority must report annually on its five-year plans and must publish the report on its website within three months after the end of each fiscal year.

(2) The report must contain

(a) a greenhouse gas emissions inventory, set out in a manner consistent with recognized international standards, for emissions resulting from the operation of the port by the port authority;
(b) an update on the implementation of each five-year plan; and
(c) any prescribed information.
End of inserted block

2001, c. 4, s. 141

117 Subsection 45(3.‍1) of the Act is replaced by the following:

Benefit of accession — leases in Quebec

(3.‍01) A port authority situated in Quebec may, for the duration of a lease, renounce the benefit of accession in respect of any construction or work built on a federal immovable that the port authority manages.

Powers

(3.‍1) The port authority may exercise the powers under Insertion start subsections Insertion end (3) Insertion start and (3.‍01) Insertion end to the same extent as Insertion start His Insertion end Majesty could exercise those powers and may, instead of Insertion start His Insertion end Majesty, execute and deliver the documents required for that purpose.

2001, c. 4, s. 142

118 (1) Subsection 48(1) of the Act is replaced by the following:

Land-use plan

48 (1) A port authority Insertion start must Insertion end , within Insertion start 12 Insertion end months after the issuance of its letters patent Insertion start and after that in accordance with the schedule set out in its letters patent Insertion end , develop a detailed land-use plan that contains objectives and policies for the physical development of the real property and immovables that it manages, holds or occupies and that takes into account relevant social, economic and environmental matters and zoning by-laws that apply to neighbouring lands.

2001, c. 4, s. 142

(2) The portion of subsection 48(2) of the English version of the Act before paragraph (a) is replaced by the following:

Contents of plan

(2) Insertion start A Insertion end land-use plan may

(3) Subsections 48(4) to (8) of the Act are replaced by the following:

Publication

(4) A port authority Insertion start must Insertion end , at least Insertion start 60 Insertion end days before the coming into force of a land-use plan,

Insertion start (a) Insertion end Insertion start Insertion end Insertion start publish a notice of the proposed land-use plan on its website and Insertion end have Insertion start that Insertion end notice published in a major newspaper published or distributed in the Insertion start municipalities Insertion end where the port is situated; Insertion start and Insertion end
Start of inserted block
(b) publish the proposed land-use plan and any related documents necessary to understand it on its website.
End of inserted block

Content of notice

(5) Insertion start A Insertion end notice Insertion start of a proposed land-use plan must Insertion end include information as to where a copy of the plan, including any related documents necessary to understand it, may be obtained and an invitation to any interested person to make representations to the port authority with respect to the proposed plan within those sixty days and to attend a public meeting at a specified time and place.

Adoption of plan

(6) After the port authority considers any representations made by interested persons with respect to a proposed Insertion start land-use Insertion end plan Insertion start and makes any amendments it considers appropriate as a result of those representations Insertion end , it may adopt the plan.

Notice and publication of adopted plan

(7) The port authority Insertion start must Insertion end

Insertion start (a) Insertion end Insertion start Insertion end Insertion start publish a notice of the adoption of the land-use plan that includes information as to where a copy of the plan may be obtained, on its website and Insertion end have Insertion start that Insertion end notice published in a major newspaper published or distributed in the Insertion start municipalities Insertion end where the port is situated;
Start of inserted block
(b) publish a summary of the representations it received under subsection (5) on its website; and
(c) publish the land-use plan on its website.
End of inserted block

119 The portion of subsection 49(1) of the Act before paragraph (a) is replaced by the following:

Fixing of fees

49 (1) A port authority may, Insertion start subject to any regulations made under section 62 Insertion end , fix fees to be paid in respect of

120 (1) Subsection 62(1) of the Act is amended by adding the following after paragraph (a):

Start of inserted block
(a.‍1) the management of marine traffic, including mooring and anchorage, and the fees to be paid and the sharing of information and data by users and port authorities in support of that management;
(a.‍2) the regulation of activities carried out by or on a vessel moored or at anchor in a port;
End of inserted block

(2) Subsection 62(1) of the Act is amended by adding the following after paragraph (d.‍1):

Start of inserted block
(d.‍2) the information or documents that a port authority, a wholly-owned subsidiary of a port authority, an owner or a person in charge of a port facility or users must provide to the Minister;
End of inserted block

121 The portion of subsection 67(1) of the Act before paragraph (a) is replaced by the following:

Fixing of fees

67 (1) The Minister may, Insertion start by order Insertion end , fix the fees to be paid in respect of

122 The Act is amended by adding the following after section 107:

Ministerial Order

Order

107.‍1 (1) If the Minister is of the opinion that there is a risk of imminent harm to national security, national economic security or competition that constitutes a significant threat to the safety and security of persons, goods, ships or port facilities or the security of supply chains, the Minister may, by order, require a port authority or a person in charge of a port facility to take any measure, including corrective measures, or stop any activity that the Minister considers necessary to prevent that harm.

Compliance

(2) Every port authority and person in charge of a port facility subject to an order must comply with it once they have been notified of its substance.

Exemption from Statutory Instruments Act

(3) The order is exempt from the application of sections 5, 6, 9, 11, 14, 17, 18 and 19 of the Statutory Instruments Act.

Publication

(4) The Minister must publish the order on the Department of Transport’s website, and by any other means that the Minister considers appropriate.

Exception

(5) Subsection (4) does not apply in respect of an order that, in the opinion of the Minister, contains confidential or privileged information or information the publication of which would pose a risk to national security, national economic security or competition.

2001, c. 29

Consequential Amendment to the Transportation Appeal Tribunal of Canada Act

2019, c. 29, s. 290

123 Subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:

Jurisdiction in respect of other Acts

(3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.‍01 to Insertion start 129.‍17 Insertion end of the Canada Marine Act, sections 16.‍1 to 16.‍25 of the Motor Vehicle Safety Act, sections 39.‍1 to 39.‍26 of the Canadian Navigable Waters Act, sections 130.‍01 to 130.‍19 of the Marine Liability Act and Insertion start sections 32.‍1 to 32.‍28 of the Transportation of Dangerous Goods Act, 1992 Insertion end .

Coordinating Amendment

Bill C-26

124 If Bill C-26, introduced in the 1st session of the 44th Parliament and entitled An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts, receives royal assent, then, on the first day on which both section 18 of that Act and section 123 of this Act are in force, subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:

Jurisdiction in respect of other Acts

(3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 127 to 133 of the Critical Cyber Systems Protection Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.‍01 to 129.‍17 of the Canada Marine Act, sections 16.‍1 to 16.‍25 of the Motor Vehicle Safety Act, sections 39.‍1 to 39.‍26 of the Canadian Navigable Waters Act, sections 130.‍01 to 130.‍19 of the Marine Liability Act and sections 32.‍1 to 32.‍28 of the Transportation of Dangerous Goods Act, 1992.

Coming into Force

Order in council

125 (1) Subsection 26(1) comes into force on a day to be fixed by order of the Governor in Council.

Order in council

(2) Sections 28 and 32 and subsection 42(3) come into force on a day to be fixed by order of the Governor in Council.

Order in council

(3) Sections 30 and 33 and subsection 42(2) come into force on a day to be fixed by order of the Governor in Council.

Order in council

(4) Section 40 and subsections 42(5) and 43(2) come into force on a day to be fixed by order of the Governor in Council.

Order in council

(5) Sections 94 to 98 come into force on a day to be fixed by order of the Governor in Council.

Order in council

(6) Section 99 comes into force on a day to be fixed by order of the Governor in Council.

Order in council

(7) Section 121 comes into force on a day to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

EXPLANATORY NOTES

Customs Act

Clause 2: New.

Railway Safety Act

Clause 3: Relevant portion of section 3:

3 The objectives of this Act are to

(a) promote and provide for the safety and security of the public and personnel, and the protection of property and the environment, in railway operations;
(b) encourage the collaboration and participation of interested parties in improving railway safety and security;
(c) recognize the responsibility of companies to demonstrate, by using safety management systems and other means at their disposal, that they continuously manage risks related to safety matters; and
(d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety and security.

Clause 4: Relevant portion of section 3.‍1:

3.‍1 The Minister is responsible for the development and regulation of matters to which this Act applies, including safety and security, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things,

(a) promote railway safety and security by means that the Minister considers appropriate;

Clause 5: (1) Existing text of the definition:

security document means any of the following documents:

(a) a rule approved or proposed for approval under section 19 or 20 that relates to security,
(b) an order, contained in a notice, referred to in subsection 31(2) that relates to security,
(c) an emergency directive made under section 33 that relates to security, and
(d) a security measure formulated under subsection 39.‍1(1); (texte relatif à la sûreté du transport ferroviaire)

(2) New.

Clause 6: Relevant portion of subsection 6.‍1(1):

6.‍1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting

(a) railway safety and security and the safety aspects of railway crossings; or

Clause 7: Existing text of subsection 19(5):

(5) The Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter.

Clause 8: (1) New.

(2) New.

Clause 9: (1) New.

(2) New.

(3) New.

Clause 10: New.

Clause 11: Existing text of the heading:

Notices of Railway Safety Inspectors Concerning the Safety or Security of Railway Operations

Clause 12: (1) New.

(2) Existing text of subsections 32(3.‍1) and (3.‍2):

(3.‍1) If the Minister is of the opinion that the safety management system established by a company has deficiencies that risk compromising railway safety, the Minister may, by notice sent to the company, order the company to take the necessary corrective measures.

(3.‍2) If the Minister is of the opinion that a company is implementing any part of its safety management system in a manner that risks compromising railway safety, the Minister may, by notice sent to the company, order it to take the necessary corrective measures.

(3) Existing text of subsection 32(4):

(4) An order contained in a notice under subsection (1) or under any of subsections (3) to (3.‍21) takes effect on the date of receipt of the notice. The notice shall indicate the date, which shall be 30 days after the day on which the notice is sent, on or before which the recipient may file a request for a review of the order and the address to which the request may be filed.

Clause 13: Existing text of section 32.‍3:

32.‍3 If a request for review is filed, an order made under subsection 32(1), (3.‍1) or (3.‍2) shall be stayed until the matter is finally disposed of in accordance with section 32.‍1, 32.‍2 or 32.‍4. However, an order made under subsection 32(3) or (3.‍21) or section 32.‍01 shall not be stayed pending a review under section 32.‍1, an appeal under section 32.‍2 or a reconsideration by the Minister under subsection 32.‍1(5) or 32.‍2(3).

Clause 14: New.

Clause 15: Relevant portion of section 40.‍1:

40.‍1 The Governor in Council may, by regulation,

(a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 40.‍13 to 40.‍22,
- .‍.‍.
- (ii) any rule, standard, order or emergency directive made under this Act; and

Clause 16: New.

Clause 17: New.

Clause 18: New.

Clause 19: (1) New.

(2) Existing text of subsection 40.‍16(2):

(2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person that filed the request of the time and place in writing.

(3) Existing text of subsection 40.‍16(4):

(4) The Minister has the burden of establishing that a person has committed a violation.

(4) New.

Clause 20: Relevant portion of section 40.‍18:

40.‍18 At the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person alleged to have committed a violation

.‍.‍.

Clause 21: Existing text of subsections 40.‍19(3) and (4):

(3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its decision for the determination.

(4) If the appeal panel finds that a person has committed a violation, the panel shall without delay inform the person and the Minister of the finding and, subject to any regulations made under paragraph 40.‍1(b), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation.

Clause 22: Relevant portion of section 40.‍2:

40.‍2 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form established by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required,

(a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 40.‍16;
(b) to pay an amount determined under paragraph 40.‍18(b) or file an appeal under section 40.‍19; or

Clause 23: New.

Clause 24: Relevant portion of subsection 47.‍2(1):

47.‍2 (1) The Minister may make regulations prescribing any fees or charges, or determining the manner of calculating any fees or charges, to be paid

.‍.‍.
(b) in relation to the filing of documents and the making of applications for and the issuance of certificates, exemptions, licences or approvals under this Act.

Clause 25: Existing text of subsection 51(1):

51 (1) The Minister shall, not later than five years after the day on which this section comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act.

Transportation of Dangerous Goods Act, 1992

Clause 26: (1) Existing text of the definition:

handling means loading, unloading, packing or unpacking dangerous goods in a means of containment for the purposes of, in the course of or following transportation and includes storing them in the course of transportation; (manutention)

(2) Existing text of the definition:

safety standard means a standard for a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, including standards for the means of containment’s design, manufacture, repair, testing, equipping, functioning, use or performance; (norme de sécurité)

(3) Existing text of the definition:

prescribed means prescribed by regulations of the Governor in Council; (Version anglaise seulement)

(4) Existing text of the definition:

safety requirement means

(a) a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods,
(b) a requirement for persons engaged in designing, manufacturing, repairing, testing or equipping a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, or
(c) a requirement for reporting by persons referred to in paragraphs (a) and (b) or a requirement for their training or registration; (règle de sécurité)

(5) New.

Clause 27: New.

Clause 28: Relevant portion of section 5:

5 No person shall import, offer for transport, handle or transport any dangerous goods unless

(a) the person complies with all safety requirements and security requirements that apply under the regulations;

Clause 29: Existing text of section 5.‍1:

5.‍1 No person shall design, manufacture, repair, test or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person complies with all safety requirements that apply under the regulations.

Clause 31: Existing text of section 6:

6 No person shall affix or display on a means of containment a compliance mark that is required or permitted under the regulations — or another mark that is likely to be mistaken for such a mark — in respect of the manufacture, repair or testing of the means of containment, unless the manufacture, repair or testing was done in compliance with all safety requirements and safety standards applicable to that compliance mark.

Clause 32: New.

Clause 33: New.

Clause 34: Relevant portion of section 7.‍1:

7.‍1 The Minister may, if the Minister believes that doing so is necessary for the protection of public safety,

(a) direct a person with an approved emergency response assistance plan to implement the plan, within a reasonable time as specified in the direction, in order to respond to an actual or anticipated release of dangerous goods to which the plan applies; or
(b) authorize a person with an approved emergency response assistance plan to implement the plan in order to respond to an actual or anticipated release of dangerous goods if the Minister does not know the identity of any person required under subsection 7(1) to have an emergency response assistance plan in respect of the release.

Clause 35: New.

Clause 36: Relevant portion of subsection 9(3):

(3) The Minister may direct a person who repaired or tested a standardized means of containment to issue a notice of defective repair or defective testing, as the case may be, to the person for whom it was repaired or tested, or to publish the notice in a manner such that the notice is likely to come to that person’s attention, if the Minister believes on reasonable grounds that the person who repaired or tested the standardized means of containment

Clause 37: Existing text of subsection 14(2):

(2) A person who carries on any of those activities shall provide to an inspector on request the proof that is required under the regulations of financial responsibility.

Clause 38: Relevant portion of section 15:

15 (1) For the purpose of ensuring compliance with this Act, an inspector may, subject to section 16 but at any reasonable time, stop any means of transport for which the inspector is designated and enter and inspect any place, or any such means of transport, if the inspector believes on reasonable grounds that in or on the place or means of transport there are

.‍.‍.
(b) means of containment being manufactured, repaired or tested on which a compliance mark is displayed or will be affixed;

Clause 39: Existing text of subsection 17(1):

17 (1) An inspector may remove to an appropriate place any dangerous goods, the means of containment being used to handle or transport them or a standardized means of containment, or direct a person to do so, and may detain the thing removed until satisfied that the activity will be done in compliance with this Act, if the inspector believes on reasonable grounds that any of the following activities is being carried out in a way that does not comply with this Act:

(a) importing, offering for transport, handling or transporting dangerous goods; or
(b) selling, offering for sale, delivering, distributing, importing or using a standardized means of containment.

Clause 40: Existing text of subsection 18(1):

18 (1) Any person who has the charge, management or control of a means of containment shall report to every person prescribed for the purposes of this subsection any actual or anticipated release of dangerous goods that is or could be in excess of a quantity or concentration specified by regulation from the means of containment if the release endangers, or could endanger, public safety.

Clause 41: (1) Relevant portion of subsection 24(1):

24 (1) The following information is privileged:

(a) information disclosed under section 23 and information of a similar nature obtained by an inspector under section 15;

(2) and (3) Relevant portion of subsection 24(4):

(4) No person shall knowingly communicate privileged information or allow it to be communicated to any person, or allow any other person to have access to the information, except

.‍.‍.

Clause 42: (1) to (6) Relevant portion of subsection 27(1):

27 (1) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act, including regulations

.‍.‍.
(q) specifying quantities or concentrations of dangerous goods or ranges of them for the purposes of section 18, and respecting the manner of determining those quantities, concentrations or ranges;
(r) prescribing persons or classes of persons who are to receive reports under section 18, and respecting the manner of making the reports, the information to be included in them and the circumstances in which they are not required;

Clause 43: (1) to (3) Relevant portion of subsection 27.‍1(1):

27.‍1 (1) The Governor in Council may make regulations respecting the security of the importing, offering for transport, handling or transporting of dangerous goods, including regulations

.‍.‍.
(b) prescribing persons or classes of persons, specifying quantities or concentrations of dangerous goods or ranges of them, and respecting the manner of determining those quantities, concentrations or ranges, for the purposes of section 5.‍2;
(c) respecting the conditions that a person is to meet to receive a transportation security clearance;
(d) respecting the manner of applying for, issuing, suspending and revoking a transportation security clearance and providing for the appeal or review of a refusal to issue such a clearance or of a suspension or revocation of one;
.‍.‍.
(j) prescribing persons or classes of persons who are to receive reports under section 18, and respecting the manner of making the reports, the information to be included in them and the circumstances in which they are not required; and

Clause 44: Relevant portion of subsection 29(1):

29 (1) The Minister may make orders fixing any fees or charges, or determining the manner of calculating any fees or charges, to be paid

.‍.‍.
(b) in relation to applying for transportation security clearances described in subsection 5.‍2(2), equivalency certificates described in subsection 31(1), approvals or registrations under this Act.

Clause 45: (1) Existing text of subsections 31(2) and (2.‍1):

(2) The Minister may issue an emergency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the authorized activity is necessary to deal with an emergency in which there is danger to public safety.

(2.‍1) The Minister may, in the public interest, issue a temporary certificate authorizing any activity to be carried on in a manner that does not comply with this Act.

(2) Existing text of subsection 31(6):

(6) The Minister may revoke an equivalency, emergency or temporary certificate — including an emergency or temporary certificate the contents of which have been issued orally — if the Minister is no longer satisfied of the matter described in subsection (1), (2) or (2.‍1), respectively, or the regulations have been amended and have the same effect as the certificate.

Clause 46: Existing text of subsections 32(1) and (2):

32 (1) The Minister may, if satisfied of the conditions described in subsection (2), direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety.

(2) The Minister may not make the direction unless the Minister is satisfied that the direction is necessary to deal with an emergency that involves danger to public safety and that cannot be effectively dealt with under any other provision of this Act.

Clause 47: New.

Clause 48: (1) Relevant portion of subsection 33(1):

33 (1) Every person is guilty of an offence who contravenes a provision of

(a) this Act;

(2) Existing text of subsection 33(2):

(2) Every person who commits an offence under subsection (1)

(a) is liable on indictment to imprisonment for a term not exceeding two years; or
(b) is liable on summary conviction to a fine not exceeding $50,000 for a first offence, and not exceeding $100,000 for each subsequent offence.

Clause 49: (1) Existing text of subsection 34(3):

(3) The total value of what the person may be required to do under paragraphs (1)‍(b) to (d) in relation to a single offence must not exceed one million dollars.

(2) Relevant portion of subsection 34(4):

(4) If the person contravenes or fails to comply with the order, the person is guilty of

(a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars for a first offence, and not exceeding one hundred thousand dollars for each subsequent offence; or

Marine Transportation Security Act

Clause 50: (1) Existing text of the definitions:

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)

restricted area means an area established under any regulation, security measure or security rule to which access is restricted to authorized persons; (zone réglementée)

(2) Relevant portion of the definition:

marine facility includes

.‍.‍.
(d) marine installations and structures, as defined in section 2 of the Canadian Laws Offshore Application Act; (installation maritime)

Clause 51: Relevant portion of subsection 4(1):

4 (1) Subject to subsections (2) and (3), this Act applies in respect of

.‍.‍.
(c) marine installations and structures, as provided in sections 5 and 6 of the Canadian Laws Offshore Application Act.

Clause 52: New.

Clause 53: (1) Relevant portion of subsection 5(1):

5 (1) The Governor in Council may make regulations respecting the security of marine transportation, including regulations

(2) Existing text of subsection 5(2):

(2) Every person who contravenes a regulation made under 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.

Clause 54: New.

Clause 55: New.

Clause 56: (1) and (2) Relevant portion of section 9:

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.

Clause 57: (1) and (2) Relevant portion of section 11:

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.

Clause 58: Existing text of section 12:

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.

Clause 59: Relevant portion of subsection 13(2):

(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.

Clause 60: Existing text of the heading:

Directions to Vessels

Clause 61: (1) Relevant portion of subsection 16(1):

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;

(2) Existing text of subsections 16(3) and (4):

(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.

(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.

Clause 62: Existing text of section 17:

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.

Clause 63: Existing text of subsections 19.‍2(2) and (3):

(2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has contravened this Act or any regulation, security measure or security rule, or any condition referred to in subsection 10(6).

(3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to marine transportation security.

Clause 64: Existing text of subsection 19.‍8(1):

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.

Clause 65: (1) Existing text of subsection 20(4):

(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.

(2) Relevant portion of subsection 20(5):

(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.

Clause 66: Relevant portion of subsection 21(3):

(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.

Clause 67: (1) Existing text of subsection 23(1):

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.

(2) Relevant portion of subsection 23(2):

(2) When conducting the inspection, the security inspector may

.‍.‍.
(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;

Clause 68: (1) and (2) Relevant portion of subsection 25(4):

(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.

Clause 69: Existing text of section 26:

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.

Clause 70: New.

Clause 71: Existing text of section 29:

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

Clause 72: Existing text of subsection 31(1):

31 (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.

Clause 73: (1) to (3) Relevant portion of subsection 33(1):

33 (1) If the Minister has reasonable grounds to believe that a person has committed a violation, the Minister may

(a) enter into an assurance of compliance with the person that
- (i) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,
- .‍.‍.
- (iii) sets out the penalty, fixed by or within the range fixed by the regulations, that the person would have been liable to pay for the violation if the assurance had not been entered into; or
(b) issue, and cause to be served on the person, a notice of violation that names the person, identifies the violation and sets out
- (i) the penalty, fixed by or within the range fixed by the regulations, that the person is liable to pay for the violation,

(4) Existing text of subsection 33(2):

(2) The Minister may extend the period specified under subparagraph (1)‍(a)‍(i) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control.

Clause 74: Existing text of sections 34 and 35:

34 (1) A person who enters into an assurance of compliance under paragraph 33(1)‍(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.

(2) A person who enters into an assurance of compliance may, within forty-eight hours after the assurance is signed, unless a notice of default is served within that period under subsection 36(1), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under subsection 39(1) of the facts of the violation and of the amount of the penalty is deemed to have been requested.

35 If the Minister is satisfied that an assurance of compliance under paragraph 33(1)‍(a) has been complied with, the Minister shall cause a notice to that effect to be served on the person and, on the service of the notice,

(a) no further proceedings may be taken against the person with respect to the violation in respect of which the assurance was entered into; and
(b) any security deposited under subparagraph 33(1)‍(a)‍(ii) must be returned to the person.

Clause 75: (1) Relevant portion of subsection 36(1):

36 (1) If the Minister is of the opinion that a person who has entered into an assurance of compliance has not complied with it, the Minister may cause a notice of default to be served on the person to the effect that, unless a member determines under section 37, or an appeal panel decides under section 40, that the assurance has been complied with,

(a) the person is liable to pay double the amount of the penalty set out in the assurance; or

(2) Existing text of subsection 36(3):

(3) On the service of a notice of default, the person served has no right of set-off against any amount spent by the person under the assurance of compliance.

Clause 76: (1) Existing text of subsections 37(1) to (4):

37 (1) A person who is served with a notice under subsection 36(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review.

(2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

(4) The burden is on the Minister to establish that the person did not comply with the assurance of compliance referred to in the notice. The person is not required, and shall not be compelled, to give any evidence or testimony in the matter.

(2) Existing text of subsection 37(5):

(5) A person does not have a defence by reason that the person exercised all due diligence to comply with the assurance of compliance.

(3) Existing text of subsection 37(6):

(6) The member may confirm the Minister’s decision or determine that the person has complied with the assurance of compliance.

Clause 77: Relevant portion of section 38:

38 Any security deposited under subparagraph 33(1)‍(a)‍(ii) shall be returned to the person if

(a) the person pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice under subsection 36(1); or

Clause 78: (1) Relevant portion of subsection 39(1):

39 (1) A person served with a notice of violation under paragraph 33(1)‍(b) must

(2) Existing text of subsections 39(2) to (5):

(2) If a review of the facts of the violation is not requested, the person is deemed to have committed the violation in respect of which the notice was served.

(3) On receipt of a request filed under paragraph (1)‍(b), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

(4) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

(5) The burden is on the Minister to establish that the person committed the violation referred to in the notice. The person is not required, and shall not be compelled, to give any evidence or testimony in the matter.

Clause 79: Existing text of subsection 40(1):

40 (1) The Minister or the person who requested the review of the decision may appeal a determination made under subsection 37(6) or 39(6) to the Tribunal within thirty days after the determination.

Clause 80: Existing text of section 45:

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.

Clause 81: (1) to (3) Existing text of section 46:

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.

(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.

(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.

(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.

Clause 82: New.

Clause 83: (1) Relevant portion of subsection 47(1):

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

(2) Existing text of subsection 47(2):

(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.

(3) Existing text of subsections 47(6) and (7):

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

(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.

Clause 84: Existing text of section 48:

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.

Clause 85: Relevant portion of section 51:

51 The Governor in Council may make regulations

.‍.‍.
(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

Canada Transportation Act

Clause 92: New.

Clause 93: New.

Clause 94: (1) to (3) Existing text of subsections 53.‍1(2) to (4):

(2) A notice given to the Minister or to the Agency shall, subject to the regulations, contain the information required under subsection 114(1) of the Competition Act. The notice shall also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that shall be issued and published by the Minister. After receipt of a notice, the Minister may require the person who has given the notice to provide further information.

(2.‍1) The guidelines referred to in subsection (2) shall be elaborated in consultation with the Competition Bureau and shall include factors that may be considered to determine whether a proposed transaction raises issues with respect to the public interest as it relates to national transportation.

(3) The guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act.

(4) If the Minister is of the opinion that the proposed transaction does not raise issues with respect to the public interest as it relates to national transportation, the Minister shall, within 42 days after a person gives notice under subsection (1), give notice of the opinion to that person, in which case sections 53.‍2 and 53.‍3 do not apply in respect of that transaction.

Clause 95: (1) Existing text of subsections 53.‍2(1) and (2):

53.‍2 (1) No person shall complete a proposed transaction referred to in subsection 53.‍1(1) unless the transaction is approved by the Governor in Council and, in the case of a transaction that involves an air transportation undertaking, the Agency determines that the transaction would result in an undertaking that is Canadian as defined in subsection 55(1).

(2) The Commissioner of Competition shall within 150 days after the Commissioner is notified of the proposed transaction under subsection 114(1) of the Competition Act, or within any longer period that the Minister may allow, report to the Minister and the parties to the transaction on any concerns regarding potential prevention or lessening of competition that may occur as a result of the transaction.

(2) Relevant portion of subsection 53.‍2(4):

(4) After receipt of the Commissioner’s report and any report given under subsection 53.‍1(6), but before the Minister makes a recommendation for the purposes of subsection (7), the Minister shall

Clause 96: Relevant portion of section 53.‍5:

53.‍5 The Governor in Council may, on the recommendation of the Minister, make regulations

(a) specifying information required in a notice under subsection 53.‍1(1); and

Clause 97: Relevant portion of subsection 53.‍6(1):

53.‍6 (1) Every person who contravenes subsection 53.‍1(1) is guilty of an offence and is liable

Clause 98: Existing text of the definition:

arrangement means an agreement or arrangement, other than a transaction referred to in subsection 53.‍1(1), involving two or more transportation undertakings providing air services, as defined in subsection 55(1), to, from or within Canada, to coordinate on any aspect of the operation or marketing of such services, including prices, routes, schedules, capacity or ancillary services and to share costs or revenues or other resources or benefits.‍ (entente)

Clause 99: New.

Canada Marine Act

Clause 100: Relevant portion of section 4:

4 In recognition of the significance of marine transportation to Canada and its contribution to the Canadian economy, the purpose of this Act is to

.‍.‍.
(f) manage the marine infrastructure and services in a commercial manner that encourages, and takes into account, input from users and the community in which a port or harbour is located;

Clause 101: (1) to (4) Relevant portion of subsection 8(2):

(2) The letters patent shall set out the following:

.‍.‍.
(f) the number of directors, between seven and eleven, to be appointed under section 14, to be chosen as follows:
- .‍.‍.
- (ii) one individual appointed by the municipalities mentioned in the letters patent,
- (iii) one individual appointed by the province in which the port is situated, and, in the case of the port wholly or partially located in Vancouver, another individual appointed by the Provinces of Alberta, Saskatchewan and Manitoba acting together, and

(5) Relevant portion of subsection 8(2):

(2) The letters patent shall set out the following:

.‍.‍.
(l) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes or a code governing that power, as the case may be; and

Clause 102: (1) Relevant portion of subsection 14(1):

14 (1) The directors of a port authority shall be appointed as follows:

.‍.‍.
(b) the municipalities mentioned in the letters patent appoint one individual;

(2) Existing text of subsection 14(2):

(2) Directors are appointed to hold office for any term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors, the terms being renewable twice only.

Clause 103: New.

Clause 104: (1) and (2) Relevant portion of section 16:

16 The following individuals may not be directors of a port authority:

(a) an individual who is a mayor, councillor, officer or employee of a municipality mentioned in the letters patent;
(b) an individual who is a member of the legislature of a province, or an officer or employee of the public service or of a Crown corporation of a province, mentioned in the letters patent;
.‍.‍.
(c.‍1) an officer or employee of the federal public administration, a federal Crown corporation or a port authority;

Clause 105: Existing text of section 17:

17 The board of directors shall elect a chairperson from among their number for a term not exceeding two years, the term being renewable.

Clause 106: Relevant portion of subsection 19(1):

19 (1) A director of a port authority ceases to hold office when the director

Clause 107: (1) Relevant portion of subsection 27(1):

27 (1) For the purposes of this Part, the Governor in Council may make regulations for the corporate management and control of port authorities or wholly-owned subsidiaries of port authorities, including regulations

(2) Existing text of subsections 27(2) and (3):

(2) A regulation made under subsection (1) may apply to only one port authority or wholly-owned subsidiary of a port authority.

(3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

Clause 108: (1) Relevant portion of subsection 28(2):

(2) The power of a port authority to operate a port is limited to the power to engage in

(a) port activities related to shipping, navigation, transportation of passengers and goods, handling of goods and storage of goods, to the extent that those activities are specified in the letters patent; and

(2) Existing text of subsection 28(5.‍1):

(5.‍1) If a port authority that is subject to a code governing its power to borrow enters into a contract, or executes any other document, for the borrowing of money, the document shall include an express statement that the borrowing complies with the code.

Clause 109: Existing text of section 30.‍1:

30.‍1 (1) The directors of a port authority that is subject to a code governing its power to borrow shall certify to the Minister that the borrowing policy is in compliance with the code.

(2) If there are any changes in respect of the borrowing policy, the directors of the port authority shall certify to the Minister that the policy remains in compliance with the code.

(3) The directors of the port authority shall provide a copy of the borrowing policy to the Minister if the Minister requests one.

Clause 110: New.

Clause 111: Existing text of subsection 35(2):

(2) A port authority shall, at least thirty days before the annual meeting, have a notice published in a major newspaper published or distributed in the municipalities where the port is situated setting out the time and location of the meeting and specifying that the port authority’s financial statements are available to the public at its registered office.

Clause 112: (1) Existing text of subsection 37(1):

37 (1) A port authority shall make available for inspection by the public, at its registered office during normal business hours at least thirty days before the annual meeting, its audited annual financial statements and those of its wholly-owned subsidiaries for the preceding fiscal year.

(2) Relevant portion of subsection 37(2):

(2) The financial statements shall be prepared in accordance with generally accepted accounting principles and consist of at least the following:

Clause 113: New.

Clause 114: Existing text of sections 39 and 40:

39 A port authority shall, within three months after the end of each fiscal year, submit to the Minister, in respect of itself and each of its wholly-owned subsidiaries, a five-year business plan containing any information that the Minister may require, including any material changes in respect of information provided in the previous business plan.

40 The financial statements and business plan of a port authority shall be prepared in a form that clearly sets out information about each of the activities of the port authority and its wholly-owned subsidiaries, with the information about port activities referred to in paragraph 28(2)‍(a) set out separately from the information about other activities referred to in paragraph 28(2)‍(b).

Clause 115: Existing text of subsections 42(3) and (4):

(3) A port authority shall, as soon as is practicable after it receives the summary report, have notice of the summary report published in a major newspaper published or distributed in the place where the port is situated.

(4) A port authority shall make the summary report available for inspection by the public at its registered office during normal business hours.

Clause 116: New.

Clause 117: Existing text of subsection 45(3.‍1):

(3.‍1) The port authority may exercise the powers under subsection (3) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

Clause 118: (1) Existing text of subsection 48(1):

48 (1) A port authority shall, within twelve months after the issuance of its letters patent, develop a detailed land-use plan that contains objectives and policies for the physical development of the real property and immovables that it manages, holds or occupies and that takes into account relevant social, economic and environmental matters and zoning by-laws that apply to neighbouring lands.

(2) Relevant portion of subsection 48(2):

(2) The land-use plan may

(3) Existing text of subsections 48(4) to (8):

(4) A port authority shall, at least sixty days before the coming into force of a land-use plan, have notice of the plan published in a major newspaper published or distributed in the place where the port is situated.

(5) The notice shall include information as to where a copy of the plan, including any related documents necessary to understand it, may be obtained and an invitation to any interested person to make representations to the port authority with respect to the proposed plan within those sixty days and to attend a public meeting at a specified time and place.

(6) After the port authority considers any representations made by interested persons with respect to a proposed plan, it may adopt the plan.

(7) The port authority shall have notice of each land-use plan that it adopts, together with notice of the place at which a copy of the plan may be obtained, published in a major newspaper published or distributed in the place where the port is situated.

(8) A port authority need not comply with subsections (4) to (7) in respect of a proposed land-use plan that

(a) has previously been published pursuant to subsection (4), whether or not it has been changed as a result of representations made pursuant to subsection (5); or
(b) makes no substantive change to an existing plan.

Clause 119: Relevant portion of subsection 49(1):

49 (1) A port authority may fix fees to be paid in respect of

Clause 120: (1) and (2) Relevant portion of subsection 62(1):

62 (1) For the purposes of this Part, the Governor in Council may make regulations respecting

Clause 121: Relevant portion of subsection 67(1):

67 (1) The Minister may fix the fees to be paid in respect of

Clause 122: New.

Transportation Appeal Tribunal of Canada Act

Clause 123: Existing text of subsection 2(3):

(3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.‍01 to 129.‍19 of the Canada Marine Act, sections 16.‍1 to 16.‍25 of the Motor Vehicle Safety Act, sections 39.‍1 to 39.‍26 of the Canadian Navigable Waters Act and sections 130.‍01 to 130.‍19 of the Marine Liability Act.

Bill C-33

BILL C-33 An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act

SUMMARY

TABLE OF PROVISIONS

Short Title

Short title

Customs Act

2 The Customs Act is amended by adding the following after section 19:

Making goods available for examination

Regulations

(2) The Governor in Council may make regulations for the purposes of subsection (1), including regulations respecting the time and manner in which to make goods available for examination.

Secure area

Regulations

(2) The Governor in Council may make regulations for the purposes of subsection (1), including regulations respecting the time and manner of delivery of goods to a secure area.

Railway Safety Act

3 Paragraphs 3(a) to (d) of the Railway Safety Act are replaced by the following:

4 The portion of section 3.‍1 of the Act before paragraph (b) is replaced by the following:

Minister’s responsibilities

5 (1) Paragraphs (c) and (d) of the definition security document in subsection 4(1) of the Act are replaced by the following:

(2) Subsection 4(1) of the Act is amended by adding the following in alphabetical order:

6 Paragraph 6.‍1(1)‍(a) of the Act is replaced by the following:

7 Subsection 19(5) of the Act is replaced by the following:

Minister may seek advice

(5) The Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter Insertion start or consult with any other relevant party Insertion end .

8 (1) Section 22 of the Act is amended by adding the following after subsection (4):

Documents and information

(4.‍1) A company that applies for an exemption under subsection (4) shall submit to the Minister any document or information specified by the Minister.

(2) Section 22 of the Act is amended by adding the following after subsection (7):

Suspension of period

(8) However, the periods referred to in subsection (7) are suspended until the Minister has received any information or document required under subsection (4.‍1).

Renewals, cancellations or amendments of exemptions

(9) The Minister may, in respect of an exemption granted under subsection (2),

9 (1) Section 22.‍1 of the Act is amended by adding the following after subsection (2):

Documents and information

(2.‍1) A company that seeks an exemption under subsection (1) shall submit to the Minister any document or information specified by the Minister.

(2) Section 22.‍1 of the Act is amended by adding the following after subsection (4):

Suspension of period

(4.‍1) However, the periods referred to in subsection (4) are suspended until the Minister has received any information or document required under subsection (2.‍1).

(3) Section 22.‍1 of the Act is amended by adding the following after subsection (5):

Renewals, cancellations or amendments of exemptions

(6) The Minister may

10 The Act is amended by adding the following after section 26.‍2:

Other Prohibitions

Interference, damage or destruction

26.‍3 No person shall, without lawful excuse, interfere with any railway work, railway equipment or railway operation, or damage or destroy any railway work or railway equipment, in a manner that threatens the safety of railway operations.

Unruly or dangerous behaviour

26.‍4 No person shall behave in a manner that endangers or risks endangering the safety of a station, railway equipment or individuals who are at the station or on board the railway equipment, or behave in an unruly manner toward employees or agents or mandataries of a company.

11 The heading before section 31 of the Act is replaced by the following:

Notices of Railway Safety Inspectors

12 (1) Section 32 of the Act is amended by adding the following after subsection (2):

Deficiency — regulations under subsection 18(2.‍1)

(2.‍1) If the Minister is of the opinion that a company is taking measures in relation to a requirement of a regulation made under subsection 18(2.‍1) that have deficiencies that risk compromising the security of railway transportation, the Minister, by notice sent to the company,

(2) Subsections 32(3.‍1) and (3.‍2) of the Act are replaced by the following:

Management system deficiencies

Implementation of management system

(3) Subsection 32(4) of the Act is replaced by the following:

Contents of notice

13 Section 32.‍3 of the Act is replaced by the following:

Stay of order

14 The Act is amended by adding the following after section 39.‍2:

Transportation Security Clearance

Grant, refusal, etc.

39.‍3 (1) The Minister may, for the purposes of this Act, grant or refuse to grant a transportation security clearance to any person or suspend or cancel a transportation security clearance.

Non-application — subsection 47.‍2(2)

(2) The limitations described in subsection 47.‍2(2) do not apply to any fees or charges to be paid in relation to transportation security clearances.

15 Subparagraph 40.‍1(a)‍(ii) of the Act is replaced by the following:

16 Section 40.‍11 of the Act is amended by adding the following after subsection (5):

Obstruction of officers

(6) No person shall, while an enforcement officer is carrying out their functions under this Act, fail to comply with any reasonable request of the officer or otherwise obstruct or hinder the officer.

17 The Act is amended by adding the following after section 40.‍13:

Assurance of compliance — no notice served

40.‍131 (1) If the Minister has reasonable grounds to believe that a person who has not been served with a notice of violation under section 40.‍14 has committed a violation, the Minister may enter into an assurance of compliance with the person that

Extension of period

(2) The Minister may extend the period specified under paragraph (1)‍(a) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control.

Deemed violation

(3) A person who enters into an assurance of compliance is deemed to have committed the violation in respect of which the assurance was entered into, unless they request a review under subsection (4).

Request for review

Notice of compliance

(5) If the Minister is satisfied that a person has complied with an assurance of compliance, the Minister shall cause a notice to that effect to be served on the person and, on the service of the notice,

Notice of default

BILL C-33
An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act