GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Transportation Security Act — M-0.8 10
Purpose of section 10 (1) The purpose of this section is to allow operators of vessels and marine facilities to formulate and operate under security rules as an alternative to security measures required or authorized by the Minister, but this section does not limit the authority of the Minister to require or authorize security measures. Formulation of rules (2) The operator of a vessel or marine facility may formulate rules respecting any matter relating to the security of the vessel or facility and the operator may submit the rules to the Minister for approval. Minister may request rules (3) The Minister may, by notice in writing, request the operator of a vessel or marine facility (a) to formulate rules respecting any matter specified in the notice relating to the security of the vessel or facility; and (b) to submit the rules to the Minister within any period specified in the notice. Consultation (4) Before submitting the rules, the operator shall consult persons who are likely to be directly affected by the rules, including any persons specified in the notice by the Minister. Results of consultation (5) When submitting the rules, the operator shall also submit a statement identifying the persons consulted and describing any disagreement they may have expressed about the rules. Approval of rules (6) Within one hundred and twenty days after the rules have been submitted, the Minister shall decide whether to approve them and shall notify the operator of the decision in writing and, if the Minister approves the rules, (a) the Minister may make the approval subject to any conditions the Minister considers appropriate; (b) the operator shall notify the persons who were consulted that the rules have been approved; and (c) the operator shall carry out the rules and any conditions of their approval until the approval is revoked. Rules not approved (7) If the Minister decides not to approve the rules, the Minister shall give the operator reasons for the decision and the Minister may request the operator to revise and resubmit the rules within any period that the Minister may specify. Amendments to security rules (8) Amendments to security rules may be submitted and approved in the same way as are the security rules they amend and, when approved, have the same effect. Revocation of approval (9) The Minister may revoke the approval of security rules, either at the request of the operator or otherwise.
Marine Transportation Security Act — M-0.8 11
Offences relating to security rules 11 Every operator who does not carry out security rules and conditions approved by the Minister in relation to the operator, and every person who wilfully obstructs a person who is carrying out security rules, is guilty of an offence and liable (a) on conviction on indictment (i) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both, or (ii) in the case of a corporation, to a fine not exceeding $200,000; or (b) on summary conviction (i) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both, or (ii) in the case of a corporation, to a fine not exceeding $100,000.
Marine Transportation Security Act — M-0.8 12
Exemption by Minister 12 The Minister may, on any terms and conditions the Minister considers necessary, exempt any person, vessel or marine facility from the application of any regulation, security measure or security rule if, in the opinion of the Minister, the exemption is in the public interest and is not likely to affect marine security.
Marine Transportation Security Act — M-0.8 13
Prohibition against disclosure 13 (1) No person shall disclose to any other person the substance of a security measure, security rule or proposed security rule unless the disclosure is (a) authorized by the Minister; (b) ordered by a court or other body under section 14; (c) required by any law; or (d) necessary to give effect to the measure or rule. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both; or (b) in the case of a corporation, to a fine not exceeding $100,000.
Marine Transportation Security Act — M-0.8 14
Court to inform Minister 14 (1) Where a request is made for the production or discovery of a security measure, security rule or proposed security rule in any proceeding before a court or other body having jurisdiction to compel its production or discovery, the court or other body shall (a) notify the Minister of the request, if the Minister is not a party to the proceeding; and (b) examine the measure or rule in a hearing closed to the public and give the Minister a reasonable opportunity to make representations with respect to it. Order for production and discovery (2) If the court or other body concludes that the public interest in the proper administration of justice outweighs the interests that would be protected by non-disclosure, the court or other body (a) shall order the production and discovery of the measure or rule, subject to any restrictions or conditions that the court or other body considers appropriate; and (b) may require any person to give evidence relating to the measure or rule.
Marine Transportation Security Act — M-0.8 15
Security measures and security rules not statutory instruments 15 Security measures and security rules are not statutory instruments for the purposes of the Statutory Instruments Act .
Marine Transportation Security Act — M-0.8 16
Security threats 16 (1) Where the Minister has reasonable grounds to believe that a vessel is a threat to the security of any person or thing, including any goods, vessel or marine facility, the Minister may direct the vessel (a) to proceed to a place specified by the Minister in accordance with any instructions the Minister may give regarding the route and manner of proceeding and to remain at the place until the Minister is satisfied that the security threat no longer exists; (b) to proceed out of Canada in accordance with any instructions the Minister may give regarding the route and manner of proceeding; or (c) to remain outside Canada. Inadequate security measures (2) The Minister may direct that a vessel registered outside Canada remain outside Canada, proceed out of Canada or not enter or dock at a marine facility if the Minister has reasonable grounds to believe that the vessel or any persons or goods on board it have not been subjected to screening or other measures equivalent to the authorized screening or other measures that would apply under this Act if the vessel were registered in Canada. Directions not statutory instruments (3) For greater certainty, a direction issued under this section is not a statutory instrument for the purposes of the Statutory Instruments Act , but no operator shall be found to have contravened the direction unless it is proved that, at the date of the alleged contravention, reasonable steps had been taken to bring the substance of the direction to the attention of the operator. Evidence of notice (4) A certificate appearing to be signed by the Minister, stating that a notice containing the direction was given to the operator of the vessel, is evidence that reasonable steps were taken to bring its substance to the attention of the operator.
Marine Transportation Security Act — M-0.8 17
Offences relating to directions 17 An operator of a vessel that contravenes a direction is guilty of an offence and liable (a) on conviction on indictment (i) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both, or (ii) in the case of a corporation, to a fine not exceeding $200,000; or (b) on summary conviction (i) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both, or (ii) in the case of a corporation, to a fine not exceeding $100,000.
Marine Transportation Security Act — M-0.8 18
Effect of giving notice 18 A notice given to an operator of a vessel or marine facility or to an agent of the operator is effective with respect to that operator and any other operator of the vessel or marine facility.
Marine Transportation Security Act — M-0.8 19
Definition of designation 19 For the purposes of sections 19.1 to 19.8, designation includes any privilege accorded by a designation. 1994, c. 40, s. 19; 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 19.1
Designation of screening officers 19.1 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. 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 19.2
Refusal to designate, etc. 19.2 (1) The Minister may refuse to designate a person as a screening officer under section 19.1, or may suspend, cancel or refuse to renew the designation of a person as a screening officer, if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation. 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, security measure or security rule, or any condition referred to in subsection 10(6). Suspension for immediate 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 constitutes, or is likely to constitute, an immediate threat to marine transportation security. 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 19.3
Notice 19.3 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew a person’s designation as a screening officer, the Minister shall notify the person of that decision. Contents of notice (2) A notice under subsection (1) shall include (a) the grounds for the Minister’s decision; and (b) the address at which, and the date, being thirty days after the notice is given, on or before which, the person may file a request for a review of the decision. Effective date of suspension or cancellation (3) In the case of a suspension or cancellation, the effective date of the decision shall not be earlier than (a) in the case of a decision made under subsection 19.2(1) or (3), the day that the notice was received by the person; and (b) in the case of a decision made under subsection 19.2(2), the thirtieth day after the notice is given. 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 19.4
Request for review 19.4 (1) A person affected by a decision of the Minister under section 19.2 may, on or before the date specified in the notice under subsection 19.3(1) or within any further time that the Tribunal on application allows, file a written request for a review of the decision. Effect of request (2) A request under subsection (1) for a review of a decision of the Minister does not operate as a stay of the decision. Exception (3) On application in writing by the person affected by a decision made under subsection 19.2(2), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, unless he or she is of the opinion that granting a stay would constitute a threat to marine transportation security. 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 19.5
Time and place for review 19.5 (1) On receipt of a request filed under subsection 19.4(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. Review procedure (2) 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. Person not compelled to testify (3) In a review of a decision made under subsection 19.2(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter. Determination (4) The member may (a) in the case of a decision made under subsection 19.2(1) or (3), confirm the decision or refer the matter back to the Minister for reconsideration; or (b) in the case of a decision made under subsection 19.2(2), confirm the decision or substitute his or her own determination. 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 19.6
Right of appeal 19.6 (1) Within thirty days after the determination, (a) a person affected by the determination may appeal a determination made under paragraph 19.5(4)(a) to the Tribunal; or (b) a person affected by the determination or the Minister may appeal a determination made under paragraph 19.5(4)(b) to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear the appeal may (a) in the case of a determination made under paragraph 19.5(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or (b) in the case of a determination made under paragraph 19.5(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision. 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 19.7
Decision to remain in effect pending reconsideration 19.7 If a matter is referred back to the Minister for reconsideration under paragraph 19.5(4)(a) or 19.6(3)(a), the decision of the Minister under subsection 19.2(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 19.2(1) to suspend or cancel a designation until the reconsideration is concluded, if the member or panel is satisfied that granting a stay would not constitute a threat to marine transportation security. 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 19.8
Reconsideration 19.8 (1) In the case of a decision made under subsection 19.2(3), if the appeal panel has, on an appeal under section 19.6, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 19.5(4)(a) or 19.6(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to marine transportation security. Procedure applicable (2) On the receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 19.3 to 19.7 apply in respect of that decision with any modifications that are necessary. 2001, c. 29, s. 57
Marine Transportation Security Act — M-0.8 20
Screening before boarding 20 (1) A screening officer may require a person or any goods to undergo authorized screening before the person or goods come on board a vessel or enter a restricted area and, where so required, (a) the person shall not board the vessel or enter the restricted area unless the person has undergone the authorized screening; and (b) no person shall bring the goods on board the vessel or into the restricted area unless the goods have undergone the authorized screening. Screening after boarding or in restricted areas (2) A screening officer may require a person on board a vessel or in a restricted area to undergo authorized screening and, if the person refuses, (a) the officer may order the person to leave the vessel or restricted area and to remove from it any goods that the person took or had placed there; and (b) the person shall leave the vessel or restricted area and remove or permit the removal of the goods immediately or, in the case of a vessel that is not docked, at the first reasonable opportunity. Unaccompanied goods (3) A screening officer may carry out authorized screening of any goods that are received at a marine facility for transport on a vessel and are not accompanied by a person who may give permission for the screening and the officer may use any force that is reasonably necessary to gain access to the goods. False or misleading information (4) Every person who knowingly makes any false or misleading statement to a screening officer, or knowingly provides false or misleading information to a screening officer, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both. Circumventing authorized screening (5) Every person who contravenes subsection (2) or who wilfully circumvents authorized screening in any manner is guilty of an offence and liable (a) on conviction on indictment, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both; or (b) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.
Marine Transportation Security Act — M-0.8 21
Operators to post notices 21 (1) When authorized screening is required or authorized on a vessel or at a marine facility, the operator of the vessel or facility shall post notices stating that (a) authorized screening is being carried out; (b) no person is obliged to undergo authorized screening of their person if they choose not to board a vessel or enter a restricted area; and (c) no person is obliged to permit authorized screening of their goods if they choose not to have the goods placed on board the vessel or in the restricted area. Placement and languages of notices (2) The notices must be posted in prominent places where authorized screening is carried out and they must be written in both of the official languages of Canada and may, in addition, be written in any other language. Offence (3) Every person who contravenes this section is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine not exceeding $1,000; or (b) in the case of a corporation, to a fine not exceeding $10,000.
Marine Transportation Security Act — M-0.8 22
Designation of security inspectors 22 (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as security inspectors for the purposes of this Act or any of its provisions. Certificate of designation (2) The Minister shall furnish every security inspector with a certificate of designation as a security inspector and, on entering any place or inspecting anything, a security inspector shall show the certificate to the person apparently in charge of the place or thing if the person requests proof of the security inspector’s designation.
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Inspection of vessels and marine facilities 23 (1) For the purpose of ensuring compliance with this Act and any regulation, security measure or security rule, a security inspector may at any reasonable time, but subject to subsection (3), board and inspect any vessel or enter and inspect any marine facility if the inspector is designated to inspect the vessel or facility. Powers of inspector (2) When conducting the inspection, the security inspector may (a) require the attendance of and question any person who the inspector considers will be able to assist in the inspection; (b) require any person to produce for inspection and copying any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulation, security measure or security rule; (c) seize anything found in the course of the inspection that the inspector believes, on reasonable grounds, will afford evidence with respect to an offence under this Act; and (d) detain any vessel that the inspector believes, on reasonable grounds, is a threat to the security of any person, goods, vessel or marine facility, until the inspector is satisfied that the vessel is no longer such a threat. Warrant required to enter dwelling-place (3) A security inspector may not enter a dwelling-place except under the authority of a warrant or with the consent of the occupant or person apparently in charge of it. Authority to issue warrant (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code , is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place, (b) entry is necessary for any purpose relating to the administration or enforcement of this Act, and (c) entry has been refused or there are reasonable grounds for believing that entry will be refused, the justice may at any time sign and issue a warrant authorizing the security inspector named in the warrant to enter the dwelling-place subject to any conditions that may be specified in the warrant. Use of force (5) The security inspector who executes the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
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Search and seizure 24 For greater certainty, sections 487 to 492 of the Criminal Code apply in relation to this Act, but a security inspector may exercise the powers of search and seizure provided in section 487 without a warrant if the conditions for obtaining a warrant exist but the circumstances are such that the delay necessary to obtain a warrant would result in danger to human life or safety.