Domestic Ferries Security Regulations (SOR/2009-321)

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

  Act means the Marine Transportation Security Act. (Loi)

  certain dangerous cargoes

  certain dangerous cargoes has the meaning assigned by the definition certain dangerous cargoes or CDCs in subsection 1(1) of the Marine Transportation Security Regulations. (certaines cargaisons dangereuses)

  domestic ferry

  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. (traversier intérieur)

  domestic ferry facility

  domestic ferry facility means a marine facility set out in Schedule 2. (installation pour traversiers intérieurs)

  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. (interface)

  key

  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. (clé)

  MARSEC level 1

  MARSEC level 1 means the level for which minimum security procedures are maintained as set out in the approved security plan. (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 because 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, whether or not the specific target is identified. (niveau MARSEC 3)

  passenger

  passenger has the meaning assigned by section 2 of the Canada Shipping Act, 2001. (passager)

  port administration

  port administration means

  • (a) the operator of a marine facility that is a port authority incorporated under section 8 of the Canada Marine Act;

  • (b) the operator of a public port designated under regulations made under section 65 of the Canada Marine Act; or

  • (c) a group of marine facilities, in close proximity to each other, whose operators agree with each other to be subject to sections 362 to 375 of the Marine Transportation Security Regulations. (organisme portuaire)

  restricted area pass

  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. (laissez-passer de zone réglementée)

  security breach

  security breach means a violation of security regulations, measures, rules or procedures that does not result in a security incident. (infraction à la sûreté)

  security documentation

  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). (documents de sûreté)

  security incident

  security incident means an incident that affects the security of a domestic ferry, a domestic ferry facility or an interface. (incident de sûreté)

  security threat

  security threat means any suspicious act or circumstance that could compromise the security of a domestic ferry, a domestic ferry facility or an interface. (menace contre la sûreté)

• 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.

Application

Marginal note:Domestic ferries and domestic ferry facilities

• 3 (1) These Regulations apply to domestic ferries and domestic ferry facilities.

• Marginal note:Exception

  (2) For greater certainty, these Regulations do not apply to ferries that are dismantled or laid-up at a domestic ferry facility.

PART 1General

Overview

Marginal note:General matters

4 This Part sets out general matters that apply to the entire Regulations.

Compliance

Marginal note:Obligations of operators

5 The operator of a domestic ferry and the operator of a domestic ferry facility shall ensure that the requirements of these Regulations are met.

MARSEC Level

Marginal note:MARSEC level 1

6 The operator of a domestic ferry and the operator of a domestic ferry facility shall maintain MARSEC level 1 at all times unless a higher MARSEC level is required by a security measure formulated by the Minister under section 7 of the Act.

Prohibition

Marginal note:Security equipment and systems

7 No person shall tamper with, damage or disrupt the normal operation of any security equipment or system to which these Regulations apply.

[8 to 10 reserved]

PART 2Security Documentation

Overview

Marginal note:Requirements relating to security documentation

11 This Part sets out the security documentation that must be obtained from the Minister and the manner in which it must be obtained. It also sets out the security documentation that must be carried on board domestic ferries.

Required Documentation

Marginal note:Domestic ferry

• 12 (1) Subject to subsections (2) to (4), no person shall operate a domestic ferry without

  • (a) an Interim Domestic Ferry Security Certificate in respect of the ferry issued under subsection 18(1) within the preceding 90 days; or

  • (b) a Security Certificate in respect of the ferry issued under paragraph 19(1)(a).

• Marginal note:Deemed compliance

  (2) The operator of a domestic ferry is deemed to comply with the requirements of subsection (1) if any of the following documents have been issued in respect of the ferry:

  • (a) a valid International Ship Security Certificate or a valid interim International Ship Security Certificate that is issued under subsection 202(1) or (3) of the Marine Transportation Security Regulations;

  • (b) a valid Canadian Vessel Security Certificate issued by the Minister under subsection 202(2) of the Marine Transportation Security Regulations; or

  • (c) a valid interim Canadian Vessel Security Certificate issued by the Minister under subsection 202(3) of the Marine Transportation Security Regulations.

• Marginal note:Exemption — Part 1 of Schedule 1

  (3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1.

• Marginal note:Exemption — Parts 2 to 4 of Schedule 1

  (4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry operating on a route set out in Parts 2 to 4 of Schedule 1.

Marginal note:Domestic ferry facility

• 13 (1) Subject to subsections (2) to (4), no person shall operate a domestic ferry facility without a Statement of Compliance in respect of the ferry facility issued under paragraph 19(1)(b).

• Marginal note:Deemed compliance

  (2) The operator of a domestic ferry facility is deemed to comply with the requirements of subsection (1) if the Minister has issued a letter of approval in respect of the ferry facility under subsection 352(1) of the Marine Transportation Security Regulations.

• Marginal note:Exemption — Part 1 of Schedule 2

  (3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry facility set out in Part 1 of Schedule 2.

• Marginal note:Exemption — Parts 2 to 4 of Schedule 2

  (4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry facility set out in Parts 2 to 4 of Schedule 2.

Procedure for Issuance of Security Documentation

Overview of the Procedure

Marginal note:Domestic ferry

• 14 (1) The procedure for the issuance of security documentation in respect of a domestic ferry is the following:

  • (a) the operator of the ferry submits to the Minister a security assessment report in respect of the ferry in accordance with subsection 15(1);

  • (b) the Minister issues to the operator of the ferry a Security Assessment Letter of Approval in respect of the ferry in accordance with subsection 16(1);

  • (c) the operator of the ferry submits to the Minister a security plan in respect of the ferry in accordance with subsection 17(1);

  • (d) the Minister issues to the operator of the ferry an Interim Domestic Ferry Security Certificate in respect of the ferry in accordance with subsection 18(1); and

  • (e) the Minister issues to the operator of the ferry a Security Certificate in respect of the ferry in accordance with paragraph 19(1)(a).

• Marginal note:Domestic ferry facility

  (2) The procedure for the issuance of security documentation in respect of a domestic ferry facility is the following:

  • (a) the operator of the ferry facility submits to the Minister a security assessment report in respect of the ferry facility in accordance with subsection 15(2);

  • (b) the Minister issues to the operator of the ferry facility a Security Assessment Letter of Approval in respect of the ferry facility in accordance with subsection 16(2);

  • (c) the operator of the ferry facility submits to the Minister a security plan in respect of the ferry facility in accordance with subsection 17(2); and

  • (d) the Minister issues to the operator of the ferry facility a Statement of Compliance in respect of the ferry facility in accordance with paragraph 19(1)(b).