GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Transportation Security Act — M-0.8 25
Assistance to inspectors 25 (1) The operator of any vessel or marine facility boarded or entered by a security inspector who is carrying out functions under this Act, and every person found there, shall give the inspector all reasonable assistance in that person’s power to enable the inspector to carry out those functions. Obstruction of inspectors (2) When a security inspector is carrying out functions under this Act, no person shall fail to comply with any reasonable request of the inspector or otherwise wilfully obstruct the inspector. Other prohibitions (3) No person shall (a) knowingly make any false or misleading statement or knowingly provide false or misleading information to a security inspector or other person carrying out functions under this Act; (b) wilfully destroy any record or document required to be kept under this Act; (c) make a false entry in a record required to be kept under this Act with intent to mislead, or wilfully omit to make any entry in such a record; (d) remove, alter or interfere in any way with anything seized by a security inspector, except with the inspector’s permission; or (e) wilfully operate a vessel that has been detained under this Act, unless authorized to do so under this Act. Offence (4) Every person who contravenes this section is guilty of an offence and liable (a) on conviction on indictment (i) in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both, or (ii) in the case of a corporation, to a fine not exceeding $200,000; or (b) on summary conviction (i) in the case of an individual, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both, or (ii) in the case of a corporation, to a fine not exceeding $100,000.
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Continuing offence 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.
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Limitation period for summary conviction offences 27 Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.
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Offence by employee or agent 28 (1) A person is liable to be convicted of an offence committed by their employee or agent, whether or not the employee or agent has been identified, prosecuted or convicted. Liability of operator of a vessel (2) The operator of a vessel is liable to be convicted of an offence committed in relation to the vessel by another person, whether or not the other person has been identified, prosecuted or convicted, but no person shall be convicted under this subsection if it is established that, without the operator’s consent, the vessel was in the possession of another person at the time of the offence. Liability of operator of marine facility (3) The operator of a marine facility is liable to be convicted of an offence committed with their consent by another person in relation to the facility, whether or not the other person has been identified, prosecuted or convicted. Officers, etc., of corporation (4) An officer, director or agent of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted. 1994, c. 40, s. 28; 2001, c. 29, s. 58(F)
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Defence 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.
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Things seized or detained 30 Where a proceeding is commenced in respect of an offence involving anything seized or detained under this Act and it is detained until the final conclusion of the proceeding, it must be returned to its lawful owner or to the person lawfully entitled to its possession, unless that person has been convicted of an offence under this Act, in which case it may be detained until any fine imposed on conviction has been paid, or it may be sold in satisfaction of the fine or any part of it.
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Recovery of fines 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. Recovery of costs (2) All reasonable costs involved in registering the conviction are recoverable in the same way as if they were part of the fine.
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Definition of violation 32 In sections 33 to 51, violation means a contravention of a provision that is designated as a violation by the regulations. 1994, c. 40, s. 32; 2001, c. 29, s. 59
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If reasonable grounds to believe a violation 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, (ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and (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, (ii) the period, being thirty days after notice is served, within which the penalty must be paid or a review must be requested, and (iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review requested. Extension of period (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. Short-form descriptions in notices of violation (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation. 2001, c. 29, s. 59
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Deemed violation 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. Request for review (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. 2001, c. 29, s. 59
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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 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. 2001, c. 29, s. 59
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When assurance of compliance not complied with 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 (b) the security deposited under subparagraph 33(1)(a)(ii) is forfeited to Her Majesty in right of Canada. Contents of notice (2) A notice under subsection (1) shall include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed. No set-off (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. 2001, c. 29, s. 59
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Request for review 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. Time and place for 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. Review procedure (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. Burden of proof (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. Certain defences not available (5) A person does not have a defence by reason that the person exercised all due diligence to comply with the assurance of compliance. Determination (6) The member may confirm the Minister’s decision or determine that the person has complied with the assurance of compliance. 2001, c. 29, s. 59
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Return of security 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 (b) a member determines under subsection 37(6), or an appeal panel decides under subsection 40(3), that the assurance has been complied with. 2001, c. 29, s. 59
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Notice of violation 39 (1) A person served with a notice of violation under paragraph 33(1)(b) must (a) pay the amount of the penalty; or (b) within thirty days after being served or any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty. When review not requested (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. Time and place for review (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. Review procedure (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. Burden of proof (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. Determination (6) The member may confirm the Minister’s decision or, subject to any regulations made under paragraph 51(c), substitute his or her own determination. 2001, c. 29, s. 59
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Right of appeal 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. 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 subsection 37(6), dismiss the appeal or allow the appeal and substitute its own decision; or (b) in the case of a determination made under subsection 39(6), dismiss the appeal, or allow the appeal and, subject to regulations made under paragraph 51(c), substitute its own decision. 2001, c. 29, s. 59
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How contravention may be proceeded with 41 If a contravention can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that contravention as a violation or recommend that it be proceeded with as an offence, but it may be proceeded with only as one or the other. 2001, c. 29, s. 59
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Debts due to Her Majesty 42 The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction: (a) unless a review of the amount of a penalty is requested under subsection 39(1), the amount of the penalty, from the time the notice of violation that sets out the penalty is served; (b) the amount of a penalty set out in a notice of default referred to in subsection 36(1), from the time the notice under that subsection is served; (c) the amount of a penalty determined by a member under section 39, or decided by an appeal panel under section 40, from the time of the respective determination or decision; and (d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c). 2001, c. 29, s. 59
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Certificate 43 (1) All or part of a debt referred to in section 42 in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be. Registration of certificate (2) On production to the Federal Court, a certificate shall be registered. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant on its registration. 2001, c. 29, s. 59
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Violations are not offences 44 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. 2001, c. 29, s. 59
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Defence 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. 2001, c. 29, s. 59
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Violation by employee or agent 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. Liability of operator of a vessel (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. Liability of operator of marine facility (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. Officers, etc., of corporation (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. 2001, c. 29, s. 59
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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: (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 (b) the suspension or cancellation of the designation of, or the refusal to designate or to renew the designation of, the person as a screening officer under section 19.2. Duty to notify (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. Contents of notice (3) A notice under subsection (2) shall provide all relevant information concerning the grounds on which the Minister has refused to remove the notation and shall include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed. Review (4) Subsections 37(1) to (3) apply in respect of a refusal to remove a notation, with any modifications that the circumstances require. Determination (5) The member of the Tribunal assigned to conduct the review may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. Right of appeal (6) The person 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 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. Disposition of appeal (8) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration. 2001, c. 29, s. 59
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Public record 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. 2001, c. 29, s. 59
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Limitation period 49 No notice of violation may be issued more than two years after the Minister becomes aware of the violation. 2001, c. 29, s. 59
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Certificate of Minister 50 A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day. 2001, c. 29, s. 59
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Regulations 51 The Governor in Council may make regulations (a) designating, as a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50, the contravention of a provision that is an offence under this Act; (b) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued; (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 (d) prescribing anything that by subsections 33 to 50 is to be prescribed. 2001, c. 29, s. 59
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2001, c. 29, s. 56 70 (1) The portion of subsection 5(2) of the Marine Transportation Security Act before paragraph (a) is replaced by the following: Offences relating to regulations — general (2) Every person who contravenes a regulation made under subsection (1), other than a provision that sets out an obligation described in subsection (3), is guilty of an offence punishable on summary conviction and liable (2) Section 5 of the Act is amended by adding the following after subsection (2): Offences — information to be reported before vessel enters Canadian waters (3) Every individual who contravenes, in a regulation made under subsection (1), a provision that sets out an obligation to provide information required to be reported before a vessel enters Canadian waters, is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $75,000 or to imprisonment for a term of not more than one year or to both; or (b) on summary conviction, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months or to both.
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71 The Act is amended by adding the following after section 5: Regulations — disclosure of information 5.1 (1) The Governor in Council may make regulations respecting the disclosure by the Minister to departments or agencies of the Government of Canada or members or agents of such departments or agencies, for the purpose of protecting the safety or security of Canada or Canadians, of information collected for the purposes of this Act in respect of any vessel referred to in subsection (2). Vessels (2) The vessels in respect of which the information may be disclosed are those that, in the Minister’s opinion, may pose a threat to the safety or security of Canada or Canadians.
Marine Transportation Security Act — M-0.8 5.1
Regulations — disclosure of information 5.1 (1) The Governor in Council may make regulations respecting the disclosure by the Minister to departments or agencies of the Government of Canada or members or agents of such departments or agencies, for the purpose of protecting the safety or security of Canada or Canadians, of information collected for the purposes of this Act in respect of any vessel referred to in subsection (2). Vessels (2) The vessels in respect of which the information may be disclosed are those that, in the Minister’s opinion, may pose a threat to the safety or security of Canada or Canadians.