Marine Transportation Security Regulations

1 The following definitions apply in these Regulations.

Act

Act means the Marine Transportation Security Act. (Loi)

breach of security

breach of security means an incident that has not resulted in a security incident, in which security regulations, measures, rules or procedures have been circumvented or violated. (infraction à la sûreté)

CDC facility

CDC facility means a marine facility that interfaces with vessels to which Part 2 applies and that carry certain dangerous cargoes. (installation CCD)

certain dangerous cargoes

certain dangerous cargoes means dangerous goods, other than products, substances or organisms identified in Class 3, 4, 8 or 9 of the schedule to the Transportation of Dangerous Goods Act, 1992, that are carried in bulk or in such a quantity as to require an emergency response assistance plan under section 7.1 of the Transportation of Dangerous Goods Regulations. (certaines cargaisons dangereuses)

contracting government

contracting government means the government of a state that is a signatory to SOLAS. (gouvernement contractant)

cruise ship

cruise ship means a vessel to which Part 2 applies and that has sleeping facilities for over 100 persons who are not crew members, but does not include a ferry. (navire de croisière)

cruise ship terminal

cruise ship terminal means a marine facility that interfaces with cruise ships. (terminal de navire de croisière)

dangerous goods

dangerous goods means dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

declaration of security

declaration of security means an agreement between a vessel and a marine facility or another vessel that is required by section 228 or 315. (déclaration de sûreté)

ferry

ferry means a vessel that is limited in its use to the carriage of deck passengers or vehicles, or both, and operates on a short run on a frequent schedule between two or more points over the most direct water route. (traversier)

ferry facility

ferry facility means a marine facility that interfaces with ferries to which Part 2 applies. (installation pour traversiers)

fishing vessel

fishing vessel means a fishing vessel as defined under section 2 of the Canada Shipping Act. (bâtiment de pêche)

government vessel

government vessel means a vessel, other than one operated for a commercial purpose,

• (a) that is owned by and is in the service of Her Majesty in right of Canada or that is in the exclusive possession of Her Majesty in that right; or

• (b) that is owned by and is in the service of a foreign government or that is in the exclusive possession of a foreign government. (bâtiment d’État)

interface

interface means the interaction that occurs when a vessel is directly and immediately affected by actions involving the movement of persons or goods to or from the vessel or the provision of services by a marine facility to or from the vessel. (interface)

ISPS Code

ISPS Code means the International Ship and Port Facility Security Code, as incorporated into SOLAS. (Code ISPS)

key

key means a device, including a card, that is designed to allow entry to a restricted area and is issued to an individual by an operator of a marine facility or vessel or port administration. (clé)

MARSEC level 1

MARSEC level 1 means the level for which minimum security procedures are maintained at all times. (niveau MARSEC 1)

MARSEC level 2

MARSEC level 2 means the level for which security procedures additional to those of MARSEC level 1 are maintained for a limited period as a result of heightened risk of a security threat or security incident. (niveau MARSEC 2)

MARSEC level 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 regardless of whether the specific target is identified. (niveau MARSEC 3)

occasional-use marine facility

occasional-use marine facility means a marine facility that, in a calendar year, has 10 or fewer interfaces with vessels to which Part 2 applies where no more than 5 of those interfaces involve a vessel on a fixed schedule with the facility. (installation maritime à usage occasionnel)

passenger

passenger means a passenger as defined under section 2 of the Canada Shipping Act. (passager)

passenger facility

passenger facility means a marine facility that interfaces with passenger vessels to which Part 2 applies. (installation pour passagers)

pleasure craft

pleasure craft has the meaning assigned by section 2 of the Canada Shipping Act. (embarcation de plaisance)

port administration

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) an employee of the Department of Transport designated by the Minister as the security officer for a port as defined under paragraph 361(c); or

• (d) in the absence of a port administration described in any of paragraphs (a) to (c), the operator of a marine facility that is identified in the agreement referred to in paragraph 361(d) to act as the port administration of the port. (organisme portuaire)

restricted area pass

restricted area pass means a document issued by an operator of a marine facility or vessel or port administration that entitles the holder, during a specified period, to have access to specific restricted areas in vessels, marine facilities or ports. (laissez-passer de zone réglementée)

SOLAS

SOLAS means the International Convention for the Safety of Life at Sea, 1974, as amended from time to time. (SOLAS)

security incident

security incident means an incident that has affected the security of a vessel or marine facility or an interface between vessels or a vessel and a marine facility. (incident de sûreté)

security threat

security threat means any suspicious act or circumstance that could threaten the security of a vessel or marine facility or an interface between vessels or a vessel and a marine facility. (menace contre la sûreté)

towing vessel

towing vessel means a vessel that tows a vessel astern or alongside or pushes a vessel ahead. (bâtiment remorqueur)