Bill C-38
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EXEMPTIONS |
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| Exemption by
Minister
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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.
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CONFIDENTIALITY OF SECURITY MEASURES AND SECURITY RULES |
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| Prohibition
against
disclosure
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13. (1) No person shall disclose to any other
person the substance of a security measure,
security rule or proposed security rule unless
the disclosure is
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| Offence
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(2) Every person who contravenes
subsection (1) is guilty of an offence
punishable on summary conviction and liable
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| Court to
inform
Minister
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14. (1) Where a request is made for the
production or discovery of a security measure,
security rule or proposed security rule in any
proceeding before a court or other body
having jurisdiction to compel its production or
discovery, the court or other body shall
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| Order for
production
and discovery
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(2) If the court or other body concludes that
the public interest in the proper administration
of justice outweighs the interests that would
be protected by non-disclosure, the court or
other body
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| Security
measures and
security rules
not statutory
instruments
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15. Security measures and security rules are
not statutory instruments for the purposes of
the Statutory Instruments Act.
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DIRECTIONS TO VESSELS |
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| Security
threats
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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
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| Inadequate
security
measures
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(2) The Minister may direct that a vessel
registered outside Canada remain outside
Canada, proceed out of Canada or not enter or
dock at a marine facility if the Minister has
reasonable grounds to believe that the vessel
or any persons or goods on board it have not
been subjected to screening or other measures
equivalent to the authorized screening or other
measures that would apply under this Act if
the vessel were registered in Canada.
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| Directions not
statutory
instruments
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(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.
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| Evidence of
notice
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(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.
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| Offences
relating to
directions
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17. An operator of a vessel that contravenes
a direction is guilty of an offence and liable
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NOTICES TO OPERATORS |
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| Effect of
giving notice
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18. A notice given to an operator of a vessel
or marine facility or to an agent of the operator
is effective with respect to that operator and
any other operator of the vessel or marine
facility.
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SCREENING |
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| Designation
of screening
officers
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19. The Minister may designate persons or
classes of persons to act as screening officers
for the purposes of this Act or any of its
provisions.
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| Screening
before
boarding
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20. (1) A screening officer may require a
person or any goods to undergo authorized
screening before the person or goods come on
board a vessel or enter a restricted area and,
where so required,
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| Screening
after boarding
or in restricted
areas
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(2) A screening officer may require a person
on board a vessel or in a restricted area to
undergo authorized screening and, if the
person refuses,
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| Unaccompani
ed goods
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(3) A screening officer may carry out
authorized screening of any goods that are
received at a marine facility for transport on a
vessel and are not accompanied by a person
who may give permission for the screening
and the officer may use any force that is
reasonably necessary to gain access to the
goods.
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| False or
misleading
information
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(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.
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| Circumventin
g authorized
screening
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(5) Every person who contravenes
subsection (2) or who wilfully circumvents
authorized screening in any manner is guilty
of an offence and liable
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| Operators to
post notices
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21. (1) When authorized screening is
required or authorized on a vessel or at a
marine facility, the operator of the vessel or
facility shall post notices stating that
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| Placement and
languages of
notices
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(2) The notices must be posted in prominent
places where authorized screening is carried
out and they must be written in both of the
official languages of Canada and may, in
addition, be written in any other language.
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| Offence
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(3) Every person who contravenes this
section is guilty of an offence punishable on
summary conviction and liable
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ENFORCEMENT |
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| Designation
of security
inspectors
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22. (1) The Minister may designate persons
or classes of persons whom the Minister
considers qualified to act as security
inspectors for the purposes of this Act or any
of its provisions.
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| Certificate of
designation
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(2) The Minister shall furnish every security
inspector with a certificate of designation as a
security inspector and, on entering any place
or inspecting anything, a security inspector
shall show the certificate to the person
apparently in charge of the place or thing if the
person requests proof of the security
inspector's designation.
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| Inspection of
vessels and
marine
facilities
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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.
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| Powers of
inspector
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(2) When conducting the inspection, the
security inspector may
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| Warrant
required to
enter
dwelling-plac
e
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(3) A security inspector may not enter a
dwelling-place except under the authority of
a warrant or with the consent of the occupant
or person apparently in charge of it.
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| Authority to
issue warrant
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(4) Where on ex parte application a justice,
as defined in section 2 of the Criminal Code,
is satisfied by information on oath that
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the justice may at any time sign and issue a
warrant authorizing the security inspector
named in the warrant to enter the dwelling-
place subject to any conditions that may be
specified in the warrant.
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| Use of force
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(5) The security inspector who executes the
warrant shall not use force unless the inspector
is accompanied by a peace officer and the use
of force has been specifically authorized in the
warrant.
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| Search and
seizure
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24. For greater certainty, sections 487 to
492 of the Criminal Code apply in relation to
this Act, but a security inspector may exercise
the powers of search and seizure provided in
section 487 without a warrant if the conditions
for obtaining a warrant exist but the
circumstances are such that the delay
necessary to obtain a warrant would result in
danger to human life or safety.
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| Assistance to
inspectors
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25. (1) The operator of any vessel or marine
facility boarded or entered by a security
inspector who is carrying out functions under
this Act, and every person found there, shall
give the inspector all reasonable assistance in
that person's power to enable the inspector to
carry out those functions.
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| Obstruction of
inspectors
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(2) When a security inspector is carrying
out functions under this Act, no person shall
fail to comply with any reasonable request of
the inspector or otherwise wilfully obstruct
the inspector.
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| Other
prohibitions
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(3) No person shall
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| Offence
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(4) Every person who contravenes this
section is guilty of an offence and liable
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