Domestic Ferries Security Regulations (SOR/2009-321)

Responsibilities

Marginal note:Ferry security officer

• 57 (1) A ferry security officer shall

  • (a) provide the required information to the persons conducting the security assessment in respect of the domestic ferry;

  • (b) implement the approved security plan in respect of the ferry, as amended from time to time, in coordination with its operator, the ferry facility security officer and, if applicable, the port security officer;

  • (c) conduct inspections of the ferry to ensure compliance with the requirements of these Regulations;

  • (d) as soon as practicable after a deficiency in the approved security plan in respect of the ferry is identified, report it to its operator and implement the action necessary to correct the deficiency until the plan is amended;

  • (e) ensure security awareness and vigilance by all personnel on the ferry, including awareness of changes in the MARSEC level and of other circumstances that might affect work conditions;

  • (f) ensure that appropriate security training or orientation is provided to the ferry’s personnel in accordance with these Regulations;

  • (g) report security threats and security incidents to the master, to its operator, to local law enforcement agencies and to the Minister as soon as possible after they occur;

  • (h) report security breaches to the Minister and, if applicable, to the port administration as soon as possible after they occur;

  • (i) ensure that there is effective communication and cooperation between the ferry and the ferry facilities with which it interfaces;

  • (j) ensure that security equipment is operated, tested, calibrated and maintained;

  • (k) keep readily accessible a copy of the approved security assessment and the approved security plan in respect of the ferry; and

  • (l) conduct security drills and exercises.

• Marginal note:Ferry facility security officer

  (2) A ferry facility security officer shall

  • (a) provide the required information to the persons conducting the security assessment in respect of the domestic ferry facility;

  • (b) implement the approved security plan in respect of the ferry facility, as amended from time to time, in coordination with its operator, the ferry security officer and, if applicable, the port security officer;

  • (c) conduct inspections of the ferry facility to ensure compliance with the requirements of these Regulations;

  • (d) as soon as practicable after a deficiency in the approved security plan in respect of the ferry facility is identified, report it to the operator and implement the action necessary to correct the deficiency until the plan is amended;

  • (e) ensure security awareness and vigilance by all personnel at the ferry facility, including awareness of changes in the MARSEC level and of other circumstances that might affect work conditions;

  • (f) ensure that appropriate security training or orientation is provided to the ferry facility personnel in accordance with these Regulations;

  • (g) report security threats and security incidents to the operator of the ferry facility, to local law enforcement agencies, to the Minister and, if applicable, to the port administration as soon as possible after they occur;

  • (h) report security breaches to the Minister and, if applicable, to the port administration as soon as possible after they occur;

  • (i) ensure that there is effective communication and cooperation between the ferry facility and any domestic ferry with which it interfaces;

  • (j) ensure that security equipment is operated, tested, calibrated and maintained;

  • (k) keep readily accessible a copy of the approved security assessment and the approved security plan in respect of the ferry facility; and

  • (l) conduct security drills and exercises.

Personnel with Security Responsibilities

Marginal note:Qualifications of personnel

58 Domestic ferry personnel and domestic ferry facility personnel with security responsibilities, other than the ferry security officer or the ferry facility security officer, shall have, by training or equivalent job experience, knowledge and competence relevant to the ferry industry in any of the following areas that relate to their responsibilities:

• (a) current security threats and patterns;

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

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

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

• (e) crowd management and control techniques;

• (f) security-related communications;

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

• (h) the operation, testing, calibration and maintenance of security equipment and systems;

• (i) inspection and monitoring techniques;

• (j) methods of conducting physical searches of persons and goods, including personal effects, baggage, ships’ stores and cargo;

• (k) the relevant provisions of the approved security plan in respect of the domestic ferry or in respect of the domestic ferry facility, as the case may be; and

• (l) the meaning and the requirements of the different MARSEC levels.

Personnel without Security Responsibilities

Marginal note:Required security orientation

59 The operator shall provide, to all personnel without security responsibilities and to all contractors, security orientation with respect to

• (a) the relevant provisions of the approved security plan in respect of the domestic ferry or the domestic ferry facility, as the case may be; and

• (b) the relevant requirements of the different MARSEC levels, including emergency procedures and contingency plans.

[60 to 64 reserved]

PART 5Security Assessment and Security Plan

Overview

Marginal note:Framework for security assessments and security plans

65 This Part provides a framework

• (a) for conducting security assessments in order to put in place plans and procedures for responding to changes in the security environment;

• (b) for ensuring that adequate and proportionate security procedures are established and implemented to prevent, address or respond to security threats, security breaches and security incidents; and

• (c) for auditing and amending security plans.

Security Assessment

Requirements for Persons Providing Security Assessment Information

Marginal note:Necessary skills

• 66 (1) The persons conducting or providing information for a security assessment in respect of a domestic ferry or a domestic ferry facility shall have the skills necessary to evaluate the security of the ferry or the ferry facility, as the case may be, including knowledge in the following areas:

  • (a) current security threats and patterns;

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

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

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

  • (e) methods used to cause a security incident;

  • (f) the effects of dangerous substances and devices on vessels and their equipment, structures and essential services;

  • (g) the security requirements of the ferry or the ferry facility;

  • (h) interface practices;

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

  • (j) physical security requirements;

  • (k) radio and telecommunications systems, including computer systems and networks;

  • (l) in the case of the security assessment of a ferry, marine engineering, and in the case of the security assessment of a ferry facility, marine or civil engineering;

  • (m) other elements that might, if damaged or used illicitly, pose a risk to people, property or operations; and

  • (n) ferry and ferry facility operations.

• Marginal note:Expert assistance

  (2) The persons referred to in subsection (1) may draw upon external expert assistance in relation to the areas listed in that subsection.

Security Assessment Elements

Marginal note:Required elements

67 A security assessment shall address the following elements:

• (a) physical security;

• (b) structural integrity;

• (c) personnel protection systems;

• (d) operational procedures that might impact on security;

• (e) radio and telecommunications systems, including computer systems and networks; and

• (f) utilities and relevant transportation support infrastructure.

On-Site Security Assessment

Marginal note:Objectives

68 A ferry security officer and a ferry facility security officer shall ensure that an on-site security assessment is conducted that examines and evaluates protective measures, procedures and operations in effect at a domestic ferry or a domestic ferry facility, as the case may be, in order to

• (a) ensure the performance of all security duties;

• (b) control access through the use of identification systems or through other means;

• (c) control the embarkation of personnel and other persons and their goods, including personal effects, vehicles and baggage, whether accompanied or unaccompanied;

• (d) supervise the handling of cargo, if any, and the delivery of ships’ stores and bunkers;

• (e) monitor restricted areas to ensure that only authorized persons have access to them;

• (f) monitor the deck areas and the areas adjacent to the ferry; and

• (g) ensure that the security communication systems, information and equipment are readily available.

Analysis and Recommendations

Marginal note:Elements to be considered

• 69 (1) A person who conducts a security assessment shall take into account the security assessment information, the on-site security assessment and the requirements of these Regulations in order to provide recommendations for the security procedures to be established in the security plan in respect of the domestic ferry or the domestic ferry facility, including recommendations respecting

  • (a) restricted areas;

  • (b) response procedures for fire or other emergency situations;

  • (c) security supervision of all persons on a ferry or at a ferry facility;

  • (d) the frequency and effectiveness of security patrols;

  • (e) access control systems;

  • (f) security communication systems;

  • (g) security doors, barriers and lighting;

  • (h) security and surveillance equipment and systems; and

  • (i) the evaluation of the potential for each identified point of access on a ferry, including open decks, to be used by individuals who might try to breach security, whether or not those individuals legitimately have access to the ferry.

• Marginal note:Potential threats to be considered

  (2) A security assessment in respect of a domestic ferry or a domestic ferry facility shall take into account the following potential threats:

  • (a) damage to or destruction of the ferry or the ferry facility by explosive devices, arson, sabotage or vandalism;

  • (b) tampering with essential equipment or systems, ships’ stores or cargo;

  • (c) the unauthorized access to or use of the ferry or the ferry facility, including the presence of stowaways;

  • (d) the smuggling on the ferry or at the ferry facility of weapons, explosives, incendiaries or other dangerous substances or devices, including weapons of mass destruction;

  • (e) the use of the ferry or its equipment, or the use of ferry facility equipment, as a weapon or as a means of causing damage or destruction;

  • (f) the hijacking of the ferry, the seizure of the ferry facility, and the seizure of any persons on the ferry or at the ferry facility;

  • (g) attacks on the ferry while it is at berth, at anchor or in movement; and

  • (h) the use of the ferry facility or its equipment by persons intending to cause a security incident.

• Marginal note:Domestic ferry

  (3) In the case of a domestic ferry, the security assessment shall consider the security of all persons, operations and goods that it is important to protect, including

  • (a) the capacity to maintain safe navigation and to respond to any emergency situation;

  • (b) cargo, if any, particularly dangerous goods or substances;

  • (c) ships’ stores and bunkers;

  • (d) the ferry’s security communication and surveillance systems; and

  • (e) any other security systems.

• Marginal note:Domestic ferry facility

  (4) In the case of a domestic ferry facility, the security assessment shall include a vulnerability assessment to determine the following, so as to produce an overall assessment of the level of risk for which security procedures have to be developed:

  • (a) any particular aspect of the ferry facility, including vessel traffic in the vicinity, that might make the ferry facility a target of an attack;

  • (b) the potential consequences of an attack on or at the ferry facility in terms of loss of life, damage to property and economic disruption, including the disruption of marine transportation systems;

  • (c) the capability and intent of persons likely to mount an attack;

  • (d) the potential types of attack;

  • (e) current security procedures, including identification systems;

  • (f) methods and points of access to the ferry facility;

  • (g) the procedures to protect radio and telecommunications equipment, including computer systems and networks;

  • (h) any conflict between safety and security procedures;

  • (i) any implementation or personnel constraints;

  • (j) methods of monitoring restricted areas to ensure that only authorized persons have access to them;

  • (k) areas adjacent to the ferry facility that might be exploited during or for an attack;

  • (l) current security procedures relating to utilities and other services;

  • (m) any deficiency identified during drills or exercises;

  • (n) any deficiencies identified during daily operations, or following incidents or alerts, reports of security concerns, the application of control measures or audits; and

  • (o) the structural integrity of the ferry facility.