Domestic Ferries Security Regulations (SOR/2009-321)

Marginal note:Ferry security officer

39 The operator of a domestic ferry shall ensure that a ferry security officer is on board each domestic ferry that it operates.

Restricted Area Passes and Keys

General

Marginal note:Responsibility of operator

• 40 (1) An operator shall issue a restricted area pass or key for controlling access to restricted areas established by the operator.

• Marginal note:Conditions for issuance

  (2) An operator may issue a restricted area pass or key only to a person

  • (a) who requires access to a restricted area in the performance of their duties; and

  • (b) who is known to the operator or whose identity has been confirmed by valid government-issued photo identification.

Content of Restricted Area Pass

Marginal note:Required information

41 A restricted area pass shall

• (a) show the name, height and eye colour of the person to whom the pass has been issued, a clear photograph of the person’s head and shoulders, and an expiry date that does not exceed five years after the date of issue; or

• (b) contain an expiry date or other information to indicate the period during which access is required, and sufficient information to allow the identification of the pass holder.

Use of Restricted Area Pass

Marginal note:Pass to be displayed

• 42 (1) The holder of a restricted area pass shall, when entering or remaining in a restricted area, display the pass on their outer clothing and above their waist with their photo visible at all times.

• Marginal note:No personal use

  (2) The holder of a restricted area pass or key shall not use the restricted area pass or key except in the performance of their duties.

Restricted Area Pass Restrictions

Marginal note:Restrictions

43 No person shall

• (a) provide false information for the purpose of obtaining a restricted area pass or key;

• (b) loan or give a restricted area pass or key to a person other than the individual to whom it was issued;

• (c) have or use a restricted area pass or key that was issued to another person;

• (d) alter or otherwise modify a restricted area pass or key;

• (e) use a counterfeit restricted area pass or key; or

• (f) reproduce a restricted area pass or key unless authorized to do so by the operator who issued the pass or key.

Loss or Theft of Restricted Area Pass or Key

Marginal note:Report of theft or loss

• 44 (1) The holder of a restricted area pass or key that is lost or stolen shall immediately report its loss or theft to the operator who issued the pass or key.

• Marginal note:Blocking of lost or stolen key

  (2) The operator shall immediately prevent the use of a restricted area pass or key upon being notified of its loss or theft.

Return of Restricted Area Pass or Key

Marginal note:Return when no longer necessary

45 The holder of a restricted area pass or key shall return it immediately to the operator who issued it when

• (a) the holder ceases to work on the domestic ferry or in the domestic ferry facility; or

• (b) the operator determines that the holder otherwise ceases to require the restricted area pass or key.

Administration of Restricted Area Passes and Keys

Marginal note:Record-keeping

• 46 (1) An operator shall keep a record of

  • (a) the number of restricted area passes and keys issued and, for each pass and key, the name of the holder, the number of the pass or key, the date of issue, the period of validity of the pass, and, if applicable, the date of return; and

  • (b) lost or stolen passes or keys.

• Marginal note:Safekeeping and communication of records

  (2) An operator shall ensure that the record referred to in subsection (1) is

  • (a) kept for at least two years after the date of expiry or return of the restricted area passes or keys; and

  • (b) made available to the Minister on request.

• Marginal note:Port administration

  (3) If a domestic ferry facility is located in a port, the port administration may issue restricted area passes and keys on behalf of the operator of the ferry facility. In this case, the operator shall cooperate with the port administration and shall provide it with the information required.

Replacement of Ferries

Marginal note:Notification of replacement

47 If the operator of a domestic ferry decides to replace it with another ferry, the operator shall ensure that the following are notified of the replacement:

• (a) the ferry security officers of both the replacement ferry and the replaced ferry; and

• (b) the ferry facility security officer of each domestic ferry facility with which the replacement ferry will interface on that route.

[48 to 52 reserved]

PART 4Personnel

Overview

Marginal note:Security responsibilities

53 This Part sets out the roles and responsibilities of the personnel involved in the security of domestic ferries and domestic ferry facilities.

Master of a Domestic Ferry

Marginal note:Judgment of master prevails

• 54 (1) Nothing in these Regulations permits any person to constrain the master of a domestic ferry from making or executing any decision that, in the professional judgment of the master, is necessary to maintain the safety and security of the ferry, including decisions

  • (a) to deny access to persons other than the following and, where applicable, their goods:

    • (i) the operator of the ferry,

    • (ii) the operator of the domestic ferry facility with which the ferry interfaces,

    • (iii) persons authorized by the Government of Canada to board the ferry,

    • (iv) local law enforcement personnel in the exercise of their functions, and

    • (v) emergency response personnel;

  • (b) to refuse to load cargo, including containers or other closed cargo transport units; and

  • (c) to coordinate with the operator of a domestic ferry facility, and with the port security officer if the ferry facility is in a port, crew changes as well as access to the ferry through the ferry facility by visitors and passengers, including representatives of seafarers’ welfare and labour organizations.

• Marginal note:Precedence of safety requirements

  (2) If a conflict between any safety and security requirements applicable to a domestic ferry arises during its operations, the master of the ferry shall give precedence to requirements intended to maintain the safety of the ferry and shall, in such a case, use any temporary procedures that the master determines appropriate under the circumstances and that satisfy, to the highest possible degree, the security requirements of the MARSEC level in effect.

• Marginal note:Temporary procedures

  (3) If the master of a domestic ferry uses temporary procedures, the master shall inform the Minister as soon as practicable.

• Marginal note:Master to provide support

  (4) The master of a domestic ferry shall provide the ferry security officer with the support necessary to carry out their duties on board the ferry.

Ferry Security Officer and Ferry Facility Security Officer

General

Marginal note:Delegation of tasks

• 55 (1) A ferry security officer and a ferry facility security officer may delegate tasks required by these Regulations, but they remain responsible for the performance of those tasks.

• Marginal note:Ferry security officer

  (2) The ferry security officer of a domestic ferry must be the master of the ferry or a member of its crew.

• Marginal note:More than one ferry facility

  (3) A ferry facility security officer may act in that capacity for more than one domestic ferry facility if they are able to fulfil their responsibilities for each ferry facility.

Qualifications

Marginal note:Ferry security officer

• 56 (1) A ferry security officer shall have, by training or job experience, knowledge and competence relevant to the ferry industry, including in the following areas:

  • (a) the administrative and organizational structure for the security of the domestic ferry and of the ferry facilities with which the ferry interfaces;

  • (b) the operations and operating conditions of ferries, ferry facilities and, if applicable, port administrations;

  • (c) the relevant security procedures of ferries, ferry facilities and, if applicable, port administrations, including the meaning and the requirements of the different MARSEC levels;

  • (d) emergency preparedness and response, and contingency planning;

  • (e) security equipment and systems, and their operational limitations;

  • (f) methods of conducting audits and inspections;

  • (g) techniques for controlling and monitoring access;

  • (h) methods of conducting ferry security assessments;

  • (i) methods of conducting physical searches and non-intrusive inspections;

  • (j) the conduct and assessment of security drills and exercises for ferries and ferry facilities;

  • (k) techniques for security training and education;

  • (l) relevant Acts and regulations, and relevant security measures, rules and procedures;

  • (m) the responsibilities and functions of local law enforcement agencies;

  • (n) methods of handling security-sensitive information and security-related communications;

  • (o) current security threats and patterns;

  • (p) the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;

  • (q) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

  • (r) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

  • (s) the layout of the ferry;

  • (t) the approved security plan in respect of the ferry and the plan’s requirements;

  • (u) crowd management and control techniques; and

  • (v) the relevant procedures for the operation, testing, calibration and maintenance of security equipment and systems.

• Marginal note:Ferry facility security officer

  (2) A ferry facility security officer shall have, by training or job experience, knowledge and competence relevant to the ferry industry, including in the following areas:

  • (a) the administrative and organizational structure for the security of the domestic ferry facility and of the domestic ferries with which the ferry facility interfaces;

  • (b) the operations and operating conditions of ferry facilities, ferries and, if applicable, port administrations;

  • (c) the relevant security procedures of ferry facilities, ferries and, if applicable, port administrations, including the meaning and the requirements of the different MARSEC levels;

  • (d) emergency preparedness and response, and contingency planning;

  • (e) security equipment and systems, and their operational limitations;

  • (f) methods of conducting audits and inspections;

  • (g) techniques for controlling and monitoring access;

  • (h) methods of conducting ferry facility security assessments;

  • (i) methods of conducting physical searches and non-intrusive inspections;

  • (j) the conduct and assessment of security drills and exercises for ferry facilities and ferries;

  • (k) techniques for security training and education;

  • (l) relevant Acts and regulations, and relevant security measures, rules and procedures;

  • (m) the responsibilities and functions of local law enforcement agencies;

  • (n) methods of handling security-sensitive information and security-related communications;

  • (o) current security threats and patterns;

  • (p) the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;

  • (q) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

  • (r) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

  • (s) the layout of the ferry facility;

  • (t) the approved security plan in respect of the ferry facility and the plan’s requirements;

  • (u) crowd management and control techniques; and

  • (v) the relevant procedures for the operation, testing, calibration and maintenance of security equipment and systems.