Domestic Ferries Security Regulations (SOR/2009-321)
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Regulations are current to 2013-05-26
Domestic Ferries Security Regulations
SOR/2009-321
MARINE TRANSPORTATION SECURITY ACT
Registration 2009-12-03
Domestic Ferries Security Regulations
P.C. 2009-1956 2009-12-03
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport pursuant to section 5Footnote a of the Marine Transportation Security ActFootnote b, hereby makes the annexed Domestic Ferries Security Regulations.
Return to footnote aS.C. 2001, c. 29, s. 56
Return to footnote bS.C. 1994, c. 40
OVERVIEW
Marginal note:Purpose
1. (1) The purpose of these Regulations is to enhance the security of the Canadian ferry transportation system through the establishment of a framework for detecting security threats and taking preventive measures against security incidents.
Marginal note:Contents
(2) These Regulations are divided into five Parts:
(a) Part 1 sets out general matters that apply to the entire Regulations;
(b) Part 2 sets out the security documentation that must be obtained from the Minister and the manner in which it must be obtained;
(c) Part 3 sets out the responsibilities of the operators of domestic ferries and domestic ferry facilities;
(d) Part 4 sets out the roles and responsibilities of the personnel involved in the security of domestic ferries and domestic ferry facilities; and
(e) Part 5 provides a framework for conducting security assessments and for establishing, implementing and maintaining security plans.
INTERPRETATION
Marginal note:Definitions
2. (1) The following definitions apply in these Regulations.
“Act”
« Loi »
“Act” means the Marine Transportation Security Act.
“certain dangerous cargoes”
« certaines cargaisons dangereuses »
“certain dangerous cargoes” has the meaning assigned by section 1 of the Marine Transportation Security Regulations.
“domestic ferry”
« traversier intérieur »
“domestic ferry” means a vessel that is entitled to fly the Canadian flag, carries passengers on a regular schedule and operates on a route set out in Schedule 1.
“domestic ferry facility”
« installation pour traversiers intérieurs »
“domestic ferry facility” means a marine facility set out in Schedule 2.
“interface”
« interface »
“interface” means an interaction between
(a) a domestic ferry and another vessel or a marine facility; or
(b) a domestic ferry facility and a vessel.
“key”
« clé »
“key” means a device, including a card, issued by an operator of a domestic ferry or a domestic ferry facility that is designed to allow access to a restricted area in a domestic ferry or a domestic ferry facility.
“MARSEC level 1”
« niveau MARSEC 1 »
“MARSEC level 1” means the level for which minimum security procedures are maintained as set out in the approved security plan.
“MARSEC level 2”
« niveau MARSEC 2 »
“MARSEC level 2” means the level for which security procedures additional to those of MARSEC level 1 are maintained for a limited period because of heightened risk of a security threat or security incident.
“MARSEC level 3”
« niveau MARSEC 3 »
“MARSEC level 3” means the level for which security procedures additional to those of MARSEC level 1 and MARSEC level 2 are maintained for a limited period when a security threat or security incident is probable or imminent, whether or not the specific target is identified.
“passenger”
« passager »
“passenger” has the meaning assigned by section 2 of the Canada Shipping Act, 2001.
“port administration”
« organisme portuaire »
“port administration” means
(a) the operator of a marine facility that is a port authority established under section 8 of the Canada Marine Act;
(b) the operator of a marine facility that is a harbour commission established under subsection 5(1) of the Harbour Commissions Act;
(c) the operator of a public port designated under regulations made under section 65 of the Canada Marine Act; or
(d) a group of marine facilities, in close proximity to each other, the operators of which agree with each other to subject themselves to sections 362 to 375 of the Marine Transportation Security Regulations.
“restricted area pass”
« laissez-passer de zone réglementée »
“restricted area pass” means a document issued by an operator of a domestic ferry or a domestic ferry facility that entitles the holder to have access, during a specified period, to specific restricted areas in domestic ferries or domestic ferry facilities.
“security breach”
« infraction à la sûreté »
“security breach” means a violation of security regulations, measures, rules or procedures that does not result in a security incident.
“security documentation”
« documents de sûreté »
“security documentation” means one or more of the following documents issued by the Minister:
(a) a Security Assessment Letter of Approval in respect of a domestic ferry issued under subsection 16(1);
(b) a Security Assessment Letter of Approval in respect of a domestic ferry facility issued under subsection 16(2);
(c) an Interim Domestic Ferry Security Certificate in respect of a domestic ferry issued under subsection 18(1);
(d) a Security Certificate in respect of a domestic ferry issued under paragraph 19(1)(a); and
(e) a Statement of Compliance in respect of a domestic ferry facility issued under paragraph 19(1)(b).
“security incident”
« incident de sûreté »
“security incident” means an incident that affects the security of a domestic ferry, a domestic ferry facility or an interface.
“security threat”
« menace contre la sûreté »
“security threat” means any suspicious act or circumstance that could compromise the security of a domestic ferry, a domestic ferry facility or an interface.
Marginal note:Operators
(2) In these Regulations, a reference to an operator shall be read as a reference to the operator of a domestic ferry, the operator of a domestic ferry facility or both.
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