M-0.8Marine Transportation Security ActSOR/2009-321200912
3
201301
28
20101
5
MARINE TRANSPORTATION SECURITY ACTDomestic Ferries Security RegulationsP.C.2009-1956200912
3
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport pursuant to section 5a of the Marine Transportation Security Actb, hereby makes the annexed Domestic Ferries Security Regulations.S.C. 2001, c. 29, s. 56S.C. 1994, c. 40OVERVIEW
PurposeThe 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.ContentsThese Regulations are divided into five Parts:Part 1 sets out general matters that apply to the entire Regulations;Part 2 sets out the security documentation that must be obtained from the Minister and the manner in which it must be obtained;Part 3 sets out the responsibilities of the operators of domestic ferries and domestic ferry facilities;Part 4 sets out the roles and responsibilities of the personnel involved in the security of domestic ferries and domestic ferry facilities; andPart 5 provides a framework for conducting security assessments and for establishing, implementing and maintaining security plans.
INTERPRETATION
DefinitionsThe following definitions apply in these Regulations.ActLoiAct means the Marine Transportation Security Act.certain dangerous cargoescertaines cargaisons dangereusescertain dangerous cargoes has the meaning assigned by section 1 of the Marine Transportation Security Regulations.domestic ferrytraversier intérieurdomestic 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 facilityinstallation pour traversiers intérieursdomestic ferry facility means a marine facility set out in Schedule 2.interfaceinterfaceinterface means an interaction betweena domestic ferry and another vessel or a marine facility; ora domestic ferry facility and a vessel.keyclékey 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 1niveau MARSEC 1MARSEC level 1 means the level for which minimum security procedures are maintained as set out in the approved security plan.MARSEC level 2niveau MARSEC 2MARSEC 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 3niveau MARSEC 3MARSEC 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.passengerpassagerpassenger has the meaning assigned by section 2 of the Canada Shipping Act, 2001.port administrationorganisme portuaireport administration meansthe operator of a marine facility that is a port authority established under section 8 of the Canada Marine Act;the operator of a marine facility that is a harbour commission established under subsection 5(1) of the Harbour Commissions Act;the operator of a public port designated under regulations made under section 65 of the Canada Marine Act; ora 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 passlaissez-passer de zone réglementéerestricted 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 breachinfraction à la sûretésecurity breach means a violation of security regulations, measures, rules or procedures that does not result in a security incident.security documentationdocuments de sûretésecurity documentation means one or more of the following documents issued by the Minister:a Security Assessment Letter of Approval in respect of a domestic ferry issued under subsection 16(1);a Security Assessment Letter of Approval in respect of a domestic ferry facility issued under subsection 16(2);an Interim Domestic Ferry Security Certificate in respect of a domestic ferry issued under subsection 18(1);a Security Certificate in respect of a domestic ferry issued under paragraph 19(1)(a); anda Statement of Compliance in respect of a domestic ferry facility issued under paragraph 19(1)(b).security incidentincident de sûretésecurity incident means an incident that affects the security of a domestic ferry, a domestic ferry facility or an interface.security threatmenace contre la sûretésecurity threat means any suspicious act or circumstance that could compromise the security of a domestic ferry, a domestic ferry facility or an interface.OperatorsIn 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
Domestic ferries and domestic ferry facilitiesThese Regulations apply to domestic ferries and domestic ferry facilities.ExceptionFor greater certainty, these Regulations do not apply to ferries that are dismantled or laid-up at a domestic ferry facility.
GENERALOverview
General mattersThis Part sets out general matters that apply to the entire Regulations.
Compliance
Obligations of operatorsThe 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
MARSEC level 1The 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
Security equipment and systemsNo 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]SECURITY DOCUMENTATIONOverview
Requirements relating to security documentationThis 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
Domestic ferrySubject to subsections (2) to (4), no person shall operate a domestic ferry withoutan Interim Domestic Ferry Security Certificate in respect of the ferry issued under subsection 18(1) within the preceding 90 days; ora Security Certificate in respect of the ferry issued under paragraph 19(1)(a).Deemed complianceThe 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 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;a valid Canadian Vessel Security Certificate issued by the Minister under subsection 202(2) of the Marine Transportation Security Regulations; ora valid interim Canadian Vessel Security Certificate issued by the Minister under subsection 202(3) of the Marine Transportation Security Regulations.Exemption — Part 1 of Schedule 1Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1.Exemption — Parts 2 to 4 of Schedule 1Subsection (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.
Domestic ferry facilitySubject 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).Deemed complianceThe operator of a domestic ferry facility is deemed to comply with the requirements of subsection (1) if the Minister has issued a certifying document in respect of the ferry facility under subsection 352(1) of the Marine Transportation Security Regulations.Exemption — Part 1 of Schedule 2Subsection (1) does not apply before January 15, 2010 to a domestic ferry facility set out in Part 1 of Schedule 2.Exemption — Parts 2 to 4 of Schedule 2Subsection (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 DocumentationOverview of the Procedure
Domestic ferryThe procedure for the issuance of security documentation in respect of a domestic ferry is the following:the operator of the ferry submits to the Minister a security assessment report in respect of the ferry in accordance with subsection 15(1);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);the operator of the ferry submits to the Minister a security plan in respect of the ferry in accordance with subsection 17(1);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); andthe Minister issues to the operator of the ferry a Security Certificate in respect of the ferry in accordance with paragraph 19(1)(a).Domestic ferry facilityThe procedure for the issuance of security documentation in respect of a domestic ferry facility is the following: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);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);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); andthe 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).
Submission of Security Assessment by Operator
Domestic ferryIn order to obtain a Security Certificate in respect of a domestic ferry, the operator of the ferry shall submit to the Minister for approval a security assessment report in respect of the ferry that contains the elements set out in section 70.Domestic ferry facilityIn order to obtain a Statement of Compliance in respect of a domestic ferry facility, the operator of the ferry facility shall submit to the Minister for approval a security assessment report in respect of the ferry facility that contains the elements set out in section 70.Documents signed in inkThe documents submitted to the Minister under subsections (1) and (2) shall be signed in ink by the operator.
Issuance of Letter of Approval by Minister
Domestic ferryThe Minister shall approve a security assessment report in respect of a domestic ferry and issue to the operator of the ferry a Security Assessment Letter of Approval in respect of the ferry if the Minister is satisfied that the security assessment submitted by the operator meets the requirements of sections 66 to 70.Domestic ferry facilityThe Minister shall approve a security assessment report in respect of a domestic ferry facility and issue to the operator of the ferry facility a Security Assessment Letter of Approval in respect of the ferry facility if the Minister is satisfied that the security assessment submitted by the operator meets the requirements of sections 66 to 70.
Submission of Security Plan by Operator
Domestic ferryAfter receiving a Security Assessment Letter of Approval in respect of a domestic ferry, the operator of the ferry shall submit to the Minister for approval a security plan thataddresses the analysis and recommendations set out in the approved security assessment; andmeets the requirements of sections 71 to 73.Domestic ferry facilityAfter receiving a Security Assessment Letter of Approval in respect of a domestic ferry facility, the operator of the ferry facility shall submit to the Minister for approval a security plan thataddresses the analysis and recommendations set out in the approved security assessment; andmeets the requirements of sections 71, 72 and 74.Documents signed in inkThe documents submitted to the Minister under subsections (1) and (2) shall be signed in ink by the operator.
Approval of Security Plan by Minister
Domestic ferryThe Minister shall approve a security plan in respect of a domestic ferry and issue to the operator of the ferry an Interim Domestic Ferry Security Certificate in respect of the ferry if the Minister is satisfied that the security plan submitted by the operatormeets the requirements of sections 71 to 73; andsets out adequate systems to address or respond to security threats, security breaches and security incidents.Domestic ferry facilityThe Minister shall approve a security plan in respect of a domestic ferry facility if the Minister is satisfied that the security plan submitted by the operatormeets the requirements of sections 71, 72 and 74; andsets out adequate systems to address or respond to security threats, security breaches and security incidents.Period of validityA security plan approved by the Minister is valid for a period fixed by the Minister, which shall not exceed five years after the date on which it is approved. In fixing the period, the Minister shall consider the following:in the case of a domestic ferry,its operations and the industry in which it operates,its ports of call and usual routes,the operator’s security record, andthe complexity of its security plan and the details of its procedures; andin the case of a domestic ferry facility,its operations and the industry in which it operates,the operator’s security record, andthe complexity of its security plan and the details of its procedures.
Issuance of Security Certificate and Statement of Compliance
Successful inspectionIf the Minister is satisfied, on the basis of an inspection conducted under section 23 of the Act, that the procedures set out in the approved security plan in respect of a domestic ferry or a domestic ferry facility are implemented, the Minister shall issue to the operator of the ferry or the ferry facility, in English or French,in the case of a domestic ferry, a Security Certificate; orin the case of a domestic ferry facility, a Statement of Compliance.Validity periodA Security Certificate or a Statement of Compliance issued under subsection (1) is valid while the approved security plan in respect of the domestic ferry or the domestic ferry facility is valid.
Requirements for Domestic Ferries
Documents on boardSubject to subsections (2) to (4), the operator of a domestic ferry shall ensure that the ferry carries on boardan approved security plan in respect of the ferry; andeithera Security Certificate issued in respect of the ferry, orif a Security Certificate has not been issued, an Interim Domestic Ferry Security Certificate issued in respect of the ferry.Compliance with the Marine Transportation Security RegulationsIn the case of a domestic ferry to which subsection 12(2) applies, the operator of the ferry shall ensure that the ferry carries on boarda certificate referred to in that subsection that was issued in respect of the ferry; anda vessel security plan referred to in paragraph 204(1)(b) of the Marine Transportation Security Regulations that was approved in respect of the ferry.Exemption — Part 1 of Schedule 1Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1.Exemption — Parts 2 to 4 of Schedule 1Subsection (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.
[21 to 36 reserved]OPERATORSOverview
Operator obligationsThis Part sets out the responsibilities of the operators of domestic ferries and domestic ferry facilities, including specific rules relating to restricted area passes and keys and the replacement of ferries.
Responsibilities
Obligations — Domestic ferryThe operator of a domestic ferry shallestablish an administrative and organizational structure for the security of the ferry;provide each of its employees having responsibilities under these Regulations with the technical assistance and the training necessary to fulfil those responsibilities;designate a ferry security officer in writing by name or by position, other than the position for which the designation is being made;provide the ferry security officer with information regarding security threats and with other information relevant to security;ensure that the security assessment in respect of the ferry is carried out and submitted to the Minister for approval;ensure that the security plan in respect of the ferry is developed and submitted to the Minister for approval;ensure that the approved security plan in respect of the ferry is implemented and maintained, and that any amendments to the plan are submitted to the Minister for approval;if the ferry is interfacing with a domestic ferry facility, ensure coordination of the approved security plan in respect of the ferry with the approved security plan in respect of the ferry facility;ensure that the security activities of the ferry are audited;amend as soon as practicable the approved security plan in respect of the ferry to correct any deficiency identified as a result of an audit or in the course of operations;ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (j) until the approved security plan in respect of the ferry is amended;ensure security awareness and vigilance by all personnel on the ferry;ensure that the security orientation referred to in section 59 is provided;ensure that there is effective communication and cooperation during each interface;ensure that there is consistency between the security requirements and the safety requirements;clearly mark restricted areas on the ferry with signs;ensure that the ferry has communication systems, including a backup system, and communication procedures that allow effective communication between the ferry andother vessels, marine facilities, and port administrations,the Minister, andlocal law enforcement agencies; andimmediately notify the Minister if the operator ceases to operate a ferry on a route set out in Schedule 1.Obligations — Domestic ferry facilityThe operator of a domestic ferry facility shallestablish an administrative and organizational structure for the security of the ferry facility;provide each of its employees having responsibilities under these Regulations with the technical assistance and the training necessary to fulfil their responsibilities;designate a ferry facility security officer in writing by name or by position, other than the position for which the designation is being made;provide the ferry facility security officer with information regarding security threats and with other information relevant to security;ensure that the security assessment in respect of the ferry facility is carried out and submitted to the Minister for approval;ensure that the security plan in respect of the ferry facility is developed and submitted to the Minister for approval;ensure that the approved security plan in respect of the ferry facility is implemented and maintained, and that any amendments to the plan are submitted to the Minister for approval;coordinate with the master of a domestic ferry, 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;ensure that the security activities of the ferry facility are audited;amend as soon as practicable the approved security plan in respect of the ferry facility to correct any deficiency identified as a result of an audit or in the course of operations;ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (j) until the approved security plan in respect of the ferry facility is amended;ensure security awareness and vigilance by all personnel at the ferry facility;ensure that the security orientation referred to in section 59 is provided;ensure that there is effective communication and cooperation during each interface;ensure that there is consistency between the security requirements and the safety requirements;clearly mark restricted areas in the ferry facility with signs;ensure that the ferry facility has communication systems, including a backup system, and communication procedures that allow effective communication between the ferry facility andvessels, other marine facilities, and port administrations,the Minister, andlocal law enforcement agencies;immediately notify the Minister if the operator ceases to operate a ferry facility set out in Schedule 2; andensure that the ferry facility security officer develops a security plan in respect of the ferry facility in consultation withlocal law enforcement agencies,emergency response providers,employers and labour at the ferry facility, andthe port security officer, if the ferry facility is in a port.Combined designationIf the operator of a domestic ferry also operates the domestic ferry facilities with which the ferry interfaces, the operator may designate a security officer to act for both the ferry and the ferry facilities if the officer is able to fulfil their responsibilities for each ferry and each ferry facility.Other responsibilitiesA person designated as security officer under paragraphs (1)(c) or (2)(c) may accept other responsibilities or appointments within the operator’s organization provided that the person is able to fulfil their responsibilities as security officer.
Ferry security officerThe 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 KeysGeneral
Responsibility of operatorAn operator shall issue a restricted area pass or key for controlling access to restricted areas established by the operator.Conditions for issuanceAn operator may issue a restricted area pass or key only to a personwho requires access to a restricted area in the performance of their duties; andwho is known to the operator or whose identity has been confirmed by valid government-issued photo identification.
Content of Restricted Area Pass
Required informationA restricted area pass shallshow 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; orcontain 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
Pass to be displayedThe 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.No personal useThe 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
RestrictionsNo person shallprovide false information for the purpose of obtaining a restricted area pass or key;loan or give a restricted area pass or key to a person other than the individual to whom it was issued;have or use a restricted area pass or key that was issued to another person;alter or otherwise modify a restricted area pass or key;use a counterfeit restricted area pass or key; orreproduce 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
Report of theft or lossThe 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.Blocking of lost or stolen keyThe 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
Return when no longer necessaryThe holder of a restricted area pass or key shall return it immediately to the operator who issued it whenthe holder ceases to work on the domestic ferry or in the domestic ferry facility; orthe operator determines that the holder otherwise ceases to require the restricted area pass or key.
Administration of Restricted Area Passes and Keys
Record-keepingAn operator shall keep a record ofthe 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; andlost or stolen passes or keys.Safekeeping and communication of recordsAn operator shall ensure that the record referred to in subsection (1) iskept for at least two years after the date of expiry or return of the restricted area passes or keys; andmade available to the Minister on request.Port administrationIf 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
Notification of replacementIf 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:the ferry security officers of both the replacement ferry and the replaced ferry; andthe ferry facility security officer of each domestic ferry facility with which the replacement ferry will interface on that route.
[48 to 52 reserved]PERSONNELOverview
Security responsibilitiesThis 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
Judgment of master prevailsNothing 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 decisionsto deny access to persons other than the following and, where applicable, their goods:the operator of the ferry,the operator of the domestic ferry facility with which the ferry interfaces,persons authorized by the Government of Canada to board the ferry,local law enforcement personnel in the exercise of their functions, andemergency response personnel;to refuse to load cargo, including containers or other closed cargo transport units; andto 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.Precedence of safety requirementsIf 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.Temporary proceduresIf the master of a domestic ferry uses temporary procedures, the master shall inform the Minister as soon as practicable.Master to provide supportThe 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 OfficerGeneral
Delegation of tasksA 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.Ferry security officerThe ferry security officer of a domestic ferry must be the master of the ferry or a member of its crew.More than one ferry facilityA 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
Ferry security officerA ferry security officer shall have, by training or job experience, knowledge and competence relevant to the ferry industry, including in the following areas:the administrative and organizational structure for the security of the domestic ferry and of the ferry facilities with which the ferry interfaces;the operations and operating conditions of ferries, ferry facilities and, if applicable, port administrations;the relevant security procedures of ferries, ferry facilities and, if applicable, port administrations, including the meaning and the requirements of the different MARSEC levels;emergency preparedness and response, and contingency planning;security equipment and systems, and their operational limitations;methods of conducting audits and inspections;techniques for controlling and monitoring access;methods of conducting ferry security assessments;methods of conducting physical searches and non-intrusive inspections;the conduct and assessment of security drills and exercises for ferries and ferry facilities;techniques for security training and education;relevant Acts and regulations, and relevant security measures, rules and procedures;the responsibilities and functions of local law enforcement agencies;methods of handling security-sensitive information and security-related communications;current security threats and patterns;the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;the layout of the ferry;the approved security plan in respect of the ferry and the plan’s requirements;crowd management and control techniques; andthe relevant procedures for the operation, testing, calibration and maintenance of security equipment and systems.Ferry facility security officerA ferry facility security officer shall have, by training or job experience, knowledge and competence relevant to the ferry industry, including in the following areas:the administrative and organizational structure for the security of the domestic ferry facility and of the domestic ferries with which the ferry facility interfaces;the operations and operating conditions of ferry facilities, ferries and, if applicable, port administrations;the relevant security procedures of ferry facilities, ferries and, if applicable, port administrations, including the meaning and the requirements of the different MARSEC levels;emergency preparedness and response, and contingency planning;security equipment and systems, and their operational limitations;methods of conducting audits and inspections;techniques for controlling and monitoring access;methods of conducting ferry facility security assessments;methods of conducting physical searches and non-intrusive inspections;the conduct and assessment of security drills and exercises for ferry facilities and ferries;techniques for security training and education;relevant Acts and regulations, and relevant security measures, rules and procedures;the responsibilities and functions of local law enforcement agencies;methods of handling security-sensitive information and security-related communications;current security threats and patterns;the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;the layout of the ferry facility;the approved security plan in respect of the ferry facility and the plan’s requirements;crowd management and control techniques; andthe relevant procedures for the operation, testing, calibration and maintenance of security equipment and systems.
Responsibilities
Ferry security officerA ferry security officer shallprovide the required information to the persons conducting the security assessment in respect of the domestic ferry;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;conduct inspections of the ferry to ensure compliance with the requirements of these Regulations;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;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;ensure that appropriate security training or orientation is provided to the ferry’s personnel in accordance with these Regulations;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;report security breaches to the Minister and, if applicable, to the port administration as soon as possible after they occur;ensure that there is effective communication and cooperation between the ferry and the ferry facilities with which it interfaces;ensure that security equipment is operated, tested, calibrated and maintained;keep readily accessible a copy of the approved security assessment and the approved security plan in respect of the ferry; andconduct security drills and exercises.Ferry facility security officerA ferry facility security officer shallprovide the required information to the persons conducting the security assessment in respect of the domestic ferry facility;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;conduct inspections of the ferry facility to ensure compliance with the requirements of these Regulations;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;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;ensure that appropriate security training or orientation is provided to the ferry facility personnel in accordance with these Regulations;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;report security breaches to the Minister and, if applicable, to the port administration as soon as possible after they occur;ensure that there is effective communication and cooperation between the ferry facility and any domestic ferry with which it interfaces;ensure that security equipment is operated, tested, calibrated and maintained;keep readily accessible a copy of the approved security assessment and the approved security plan in respect of the ferry facility; andconduct security drills and exercises.
Personnel with Security Responsibilities
Qualifications of personnelDomestic 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:current security threats and patterns;the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;crowd management and control techniques;security-related communications;emergency preparedness and response, and contingency planning;the operation, testing, calibration and maintenance of security equipment and systems;inspection and monitoring techniques;methods of conducting physical searches of persons and goods, including personal effects, baggage, ships’ stores and cargo;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; andthe meaning and the requirements of the different MARSEC levels.
Personnel without Security Responsibilities
Required security orientationThe operator shall provide, to all personnel without security responsibilities and to all contractors, security orientation with respect tothe relevant provisions of the approved security plan in respect of the domestic ferry or the domestic ferry facility, as the case may be; andthe relevant requirements of the different MARSEC levels, including emergency procedures and contingency plans.
[60 to 64 reserved]SECURITY ASSESSMENT AND SECURITY PLANOverview
Framework for security assessments and security plansThis Part provides a frameworkfor conducting security assessments in order to put in place plans and procedures for responding to changes in the security environment;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; andfor auditing and amending security plans.
Security AssessmentRequirements for Persons Providing Security Assessment Information
Necessary skillsThe 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:current security threats and patterns;the detection and recognition of weapons, explosives, incendiaries, and other dangerous substances and devices;the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;methods used to cause a security incident;the effects of dangerous substances and devices on vessels and their equipment, structures and essential services;the security requirements of the ferry or the ferry facility;interface practices;emergency preparedness and response, and contingency planning;physical security requirements;radio and telecommunications systems, including computer systems and networks;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;other elements that might, if damaged or used illicitly, pose a risk to people, property or operations; andferry and ferry facility operations.Expert assistanceThe persons referred to in subsection (1) may draw upon external expert assistance in relation to the areas listed in that subsection.
Security Assessment Elements
Required elementsA security assessment shall address the following elements:physical security;structural integrity;personnel protection systems;operational procedures that might impact on security;radio and telecommunications systems, including computer systems and networks; andutilities and relevant transportation support infrastructure.
On-Site Security Assessment
ObjectivesA 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 toensure the performance of all security duties;control access through the use of identification systems or through other means;control the embarkation of personnel and other persons and their goods, including personal effects, vehicles and baggage, whether accompanied or unaccompanied;supervise the handling of cargo, if any, and the delivery of ships’ stores and bunkers;monitor restricted areas to ensure that only authorized persons have access to them;monitor the deck areas and the areas adjacent to the ferry; andensure that the security communication systems, information and equipment are readily available.
Analysis and Recommendations
Elements to be consideredA 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 respectingrestricted areas;response procedures for fire or other emergency situations;security supervision of all persons on a ferry or at a ferry facility;the frequency and effectiveness of security patrols;access control systems;security communication systems;security doors, barriers and lighting;security and surveillance equipment and systems; andthe 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.Potential threats to be consideredA security assessment in respect of a domestic ferry or a domestic ferry facility shall take into account the following potential threats:damage to or destruction of the ferry or the ferry facility by explosive devices, arson, sabotage or vandalism;tampering with essential equipment or systems, ships’ stores or cargo;the unauthorized access to or use of the ferry or the ferry facility, including the presence of stowaways;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;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;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;attacks on the ferry while it is at berth, at anchor or in movement; andthe use of the ferry facility or its equipment by persons intending to cause a security incident.Domestic ferryIn 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, includingthe capacity to maintain safe navigation and to respond to any emergency situation;cargo, if any, particularly dangerous goods or substances;ships’ stores and bunkers;the ferry’s security communication and surveillance systems; andany other security systems.Domestic ferry facilityIn 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:any particular aspect of the ferry facility, including vessel traffic in the vicinity, that might make the ferry facility a target of an attack;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;the capability and intent of persons likely to mount an attack;the potential types of attack;current security procedures, including identification systems;methods and points of access to the ferry facility;the procedures to protect radio and telecommunications equipment, including computer systems and networks;any conflict between safety and security procedures;any implementation or personnel constraints;methods of monitoring restricted areas to ensure that only authorized persons have access to them;areas adjacent to the ferry facility that might be exploited during or for an attack;current security procedures relating to utilities and other services;any deficiency identified during drills or exercises;any deficiencies identified during daily operations, or following incidents or alerts, reports of security concerns, the application of control measures or audits; andthe structural integrity of the ferry facility.
Content of the Security Assessment Report
Content of reportA security assessment report shall be written in English or French and shall containa summary of how the on-site security assessment was conducted;details of existing security procedures and operations;a description of each vulnerability found during the security assessment;a description of the security procedures to be used to address each vulnerability;a list of the essential operations that it is important to protect; andpossible security threats to those operations.
Security PlanGeneral
Requirement to establish security planA security plan shall be established in respect of each domestic ferry and each domestic ferry facility.Content of security planThe security plan shallbe written in English or French;state the name of the operator;be based on the findings of the security assessment;address each vulnerability identified in the security assessment; andstate procedures for cooperating with emergency response personnel at all MARSEC levels.Structure and presentation of security planA security plan shall include the following individual sections and, if the plan does not list the sections in the following order, it shall contain a table of contents that identifies the location of the sections:organizational structure for security;personnel training;drills and exercises;records and documentation;response to a change in the MARSEC level;procedures for an interface;communications;maintenance of security systems and equipment;security procedures for access control;security procedures for restricted areas;security procedures for handling cargo, if any;security procedures for delivery of ships’ stores and bunkers;security procedures for monitoring;procedures for security threats, security breaches and security incidents;security assessment summary; andsecurity plan audits and amendments.
Content
Required elementsA security plan shall address the following:procedures for the prevention of unauthorized access;procedures for the establishment and identification of restricted areas, for controlling access to those areas, and respecting any security equipment or systems for those areas;security of information relating to record keeping and referred to in section 103;procedures for embarking and disembarking passengers and for loading and unloading vehicles, cargo, if any, and ships’ stores and bunkers;procedures for monitoring the domestic ferry and domestic ferry facility, including restricted areas and the areas adjacent to them;procedures for responding to security threats, security breaches and security incidents, including provisions for maintaining critical operations;procedures for evacuation in case of security threats, security breaches or security incidents;procedures for reporting security threats, security breaches and security incidents to local law enforcement agencies, to the Minister and, if applicable, to the port administration;procedures for responding to any security measures formulated by the Minister and, in the case of a domestic ferry, any directions issued by the Minister in respect of a specific security threat, including changes in the MARSEC level;duties of personnel assigned security responsibilities and of other personnel with respect to security-related matters;communications;procedures for training, drills, and exercises associated with the security plan;procedures for interfacing at all MARSEC levels;procedures for the periodic review of the plan and for updating it;procedures to ensure the inspection, testing, calibration and maintenance of any security equipment;the frequency of the testing or calibration of any security equipment;the frequency of inspections;procedures for securing non-critical operations in order to focus response on critical operations; andany other security procedures at each MARSEC level, if applicable.
Security Plan in respect of a Domestic Ferry
Security officer and masterA security plan in respect of a domestic ferry shallidentify the ferry security officer by name or, if they hold another position, by position, and provide 24-hour contact information for the officer; andspecify that the ferry’s master has the overriding authority and responsibility to make decisions with respect to the security of the ferry and to request the assistance of the ferry operator or the Minister when necessary.
Security Plan in respect of a Domestic Ferry Facility
Security officerA security plan in respect of a domestic ferry facility shall identify the ferry facility security officer by name or, if they hold another position, by position, and provide 24-hour contact information for the officer.
Security Procedures for Access ControlGeneral
ObjectivesSecurity procedures for controlling access to a domestic ferry and a domestic ferry facility shall be established in their respective security plans for all MARSEC levels, as appropriate to their operations, in order toprevent persons from introducing unauthorized weapons, explosives, incendiaries, and other dangerous substances and devices on the ferry or at the ferry facility;secure weapons, explosives, incendiaries, and other dangerous substances and devices that are authorized to be on the ferry or at the ferry facility;verify the identity of ferry personnel, ferry facility personnel and any other authorized personnel;indicate the frequency of access controls, particularly if they are carried out on a random or occasional basis;verify that passengers have valid tickets; andensure that unattended goods do not pose an immediate threat to marine security.Domestic ferryIn the case of a domestic ferry,security procedures shall be established in the security plan in respect of the ferry, for all MARSEC levels, as appropriate to its operations, to control access to ladders, access gangways, access ramps, access doors, side scuttles, windows and ports, hatches, mooring lines, anchor chains and hoisting gear; andat all MARSEC levels, the ferry security officer shall, after any period during which the ferry was unattended, ensure that security sweeps are performed in order to confirm the absence of security threats or dangerous substances or devices before the ferry gets under way.Domestic ferry facilityIn the case of a domestic ferry facility, security procedures shall be established in the security plan in respect of the ferry facility for all MARSEC levels, as appropriate to its operations, to identifythe locations at which restrictions or prohibitions preventing unauthorized access are to be applied; andthe types of restrictions or prohibitions to be applied and the means of applying them.
MARSEC Level 1
Domestic ferryIn the case of a domestic ferry, security procedures for access control at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingsearching selected areas before passengers embark;securing all non-passenger areas; andat least one of the following methods:conducting security patrols,using additional closed-circuit video cameras to monitor passenger areas, vehicles and baggage.Domestic ferry facilityIn the case of a domestic ferry facility, security procedures for access control at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingappropriate access controls for restricted areas;identification of access points that must be secured or guarded to prevent unauthorized access; andmethods to prevent unauthorized access to the ferry facility and to restricted areas.
MARSEC Level 2
Domestic ferryIn the case of a domestic ferry, additional security procedures for access control at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingincreasing the frequency and detail of the security procedures set out in subsection 76(1); andincreasing the frequency of the security sweeps referred to in paragraph 75(2)(b).Domestic ferry facilityIn the case of a domestic ferry facility, additional security procedures for access control at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingincreasing the frequency and detail of the security procedures set out in subsection 76(2);assigning additional personnel to guard access points and to patrol the perimeter of the ferry facility to deter unauthorized access;limiting the number of access points to the ferry facility by closing and securing some access points and providing physical barriers to impede movement through the remaining access points; andcoordinating the deterrence of waterside access to the domestic ferry in liaison with the ferry facility or a port administration.
MARSEC Level 3
Domestic ferryIn the case of a domestic ferry, additional security procedures for access control at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingincreasing the frequency of MARSEC level 2 security procedures;preparing for a full or partial search of the ferry;cooperating with emergency response personnel, other vessels and marine facilities;limiting access to the ferry to a single, controlled access point;granting access only to emergency response personnel responding to a security incident or security threat;suspending embarkation or disembarkation activities;suspending cargo operations, if any;moving the ferry; andevacuating the ferry.Domestic ferry facilityIn the case of a domestic ferry facility, additional security procedures for access control at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingpreparing for a full or partial search of the ferry facility;cooperating with emergency response personnel, vessels and other marine facilities;granting access only to emergency response personnel responding to a security incident or security threat;suspending access to the ferry facility;suspending cargo operations, if any;restricting pedestrian or vehicular movement on the grounds of the ferry facility;increasing monitoring at the ferry facility; andevacuating the ferry facility.
Restricted AreasGeneral
DesignationRestricted areas on a domestic ferry and at a domestic ferry facility shall be designated for all MARSEC levels in their respective security plans, as appropriate to their operations, in order toprevent or deter unauthorized access;protect the ferry or the ferry facility, including security areas, security and surveillance equipment and systems, and persons authorized to be on the ferry or at the ferry facility; andprotect cargo, if any, ships’ stores and bunkers from tampering.SignsThe operator shall post, at each restricted area access point and on each security barrier, signs that identify each restricted area and state that entry is restricted to authorized persons.
Establishment of Restricted Areas
Security plan in respect of the domestic ferryIn a security plan in respect of a domestic ferry, the following shall be established as restricted areas:the navigation bridge, machinery spaces, and other control stations;spaces containing the central controls for security and surveillance equipment and systems, and for the lighting system;spaces containing ventilation and air-conditioning systems, and other similar spaces;access points for potable water tanks, pumps and manifolds;spaces containing dangerous goods or hazardous substances;spaces containing cargo pumps and their controls;cargo spaces, if any, and spaces containing ships’ stores;crew accommodations, if any; andany other spaces or areas vital to the security of the ferry.Domestic ferry facility security planIn a security plan in respect of a domestic ferry facility, the following shall be established as restricted areas:areas on land where ferries interface with the ferry facility, including passenger areas, if any;areas in which security-sensitive information is kept, including cargo documentation, if any;areas containing the central controls for security and surveillance equipment and systems, and for the central lighting system;areas containing the ferry facility’s critical infrastructure, includingwater supplies,telecommunications,electrical systems, andaccess points for ventilation and air-conditioning systems;areas in the ferry facility where it is reasonable to restrict access to vehicles and persons; andareas designated for the loading, unloading or storage of cargo, if any, and ships’ stores.
Restricted Area Access
Conditions for entering and remainingSubject to subsection (4), no person shall enter or remain in a restricted area unless they arethe holder of a restricted area pass;a person being escorted by the holder of a restricted area pass;a security inspector designated under subsection 22(1) of the Act who is on duty;a federal, provincial or municipal government employee who requires access to the area in the performance of their duties; ora provider of emergency services who requires access to the area for the protection and preservation of life or property.Holder of restricted area passThe holder of a restricted area pass who escorts another person in a restricted area in accordance with paragraph (1)(b) shall remain with the person or ensure that another holder of a restricted area pass acts as the escort.Person escortedA person being escorted in a restricted area in accordance with paragraph (1)(b) shall remain with the escort while in the restricted area.Passenger exceptionA passenger may enter and remain in a restricted area identified by the operator as a passenger area if the passenger is in possession of a valid ticket.
Restriction on accessNo person shall provide another person with access to a restricted area or assistance in entering a restricted area unless the person accessing the restricted area is authorized to do so under section 81.
Restricted Area Procedures
Access rulesThe security plan in respect of a domestic ferry and the security plan in respect of a domestic ferry facility shall contain security procedures for restricted areas, as appropriate to the operations of the ferry or the ferry facility, in order toidentify persons authorized to have access to those areas;determine the conditions under which a person being escorted in accordance with paragraph 81(1)(b) is authorized to have access to those areas;define the extent of any restricted area;establish the times when access restrictions apply; andclearly mark restricted areas.
MARSEC Level 1
Domestic ferryIn the case of a domestic ferry, security procedures for restricted areas at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includinglocking or securing access points;monitoring and using surveillance equipment;using security guards or patrols; andusing automatic intrusion detection devices to alert ferry personnel to unauthorized access.Domestic ferry facilityIn the case of a domestic ferry facility, security procedures for restricted areas at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includinglimiting access to authorized personnel;securing all access points not actively used and providing physical barriers to impede movement through the remaining access points;controlling access to restricted areas;checking the identification and authorization of persons and vehicles seeking access;patrolling or monitoring the perimeter of restricted areas;using security personnel, automatic intrusion detection devices, surveillance equipment or surveillance systems to detect any unauthorized access into or movement in restricted areas;directing the parking, loading and unloading of vehicles in restricted areas;controlling the movement and storage of cargo, if any, ships’ stores, and bunkers; anddesignating restricted areas for performing inspections of cargo, if any, and ships’ stores that are awaiting loading.Temporary restricted areaThe security plan in respect of a domestic ferry facility shall include a requirement that, if a temporary restricted area is designated, a security sweep of it shall be conducted both before and after it is designated.
MARSEC Level 2
Domestic ferryIn the case of a domestic ferry, additional security procedures for restricted areas at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingincreasing the frequency and intensity of monitoring and access control in restricted areas;establishing restricted areas adjacent to access points;continuously monitoring each area using surveillance equipment; andthe assignment of additional personnel to guard or patrol each area.Domestic ferry facilityIn the case of a domestic ferry facility, additional security procedures for restricted areas at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingincreasing the frequency and intensity of monitoring and access control in restricted areas;enhancing the effectiveness of the physical barriers surrounding restricted areas by the use of patrols or automatic intrusion detection devices;reducing the number of access points for restricted areas and enhancing the controls applied at the remaining access points;restricting the parking of vehicles adjacent to ferries;reducing access to restricted areas, and movements and storage in those areas;using surveillance equipment that records and monitors continuously;increasing the number and frequency of security patrols, including the use of waterborne patrols; andestablishing areas adjacent to restricted areas and restricting access to those areas.
MARSEC Level 3
Domestic ferryIn the case of a domestic ferry, additional security procedures for restricted areas at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingestablishing of additional restricted areas on the ferry in proximity to the location of a security incident or the presumed location of a security threat; andsearching restricted areas as part of a security sweep of the ferry.Domestic ferry facilityIn the case of a domestic ferry facility, additional security procedures for restricted areas at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingdesignating additional restricted areas;prohibiting access to restricted areas; andsearching restricted areas as part of a security sweep of all or part of the ferry facility.
Security Procedures for Handling CargoGeneral
ObjectivesIf a domestic ferry or a domestic ferry facility handles cargo, security procedures in relation to cargo handling shall be established in their respective security plans for all MARSEC levels, as appropriate to their operations, in order todeter and detect tampering;prevent cargo that is not meant for carriage from being accepted and stored on the ferry or in the ferry facility;identify cargo that is approved for loading onto the ferry;control inventory at points of access to the ferry; andinspect cargo for dangerous substances and devices, by one or more of the following means:visual examination,physical examination,the use of detection devices such as scanners,the use of canines.Domestic ferry facilityIn addition to the requirements in subsection (1), cargo handling procedures shall be established in the security plan in respect of a domestic ferry facility, as appropriate to its operations, in order toidentify cargo that is accepted for temporary storage in a restricted area while awaiting loading or pickup;release cargo only to the carrier specified in the cargo documentation;coordinate with shippers and other persons responsible for cargo;create, update and maintain a continuous inventory of certain dangerous cargoes, from their receipt to their delivery in the ferry facility, that sets out the locations in which they are stored; andcheck the documentation of cargo entering the ferry facility.Arrangements with shippersThe ferry security officer or the ferry facility security officer may, with the agreement of the operator and, if applicable, the port security officer, make arrangements with shippers or other persons responsible for cargo in relation to off-site inspection, sealing, scheduling, supporting documentation, and similar matters. The ferry security officer or the ferry facility security officer shall inform the operator and, if applicable, the port security officer, of any arrangement.
MARSEC Level 1
Domestic ferry facilityIf a domestic ferry facility handles cargo, security procedures for the handling of cargo at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingverifying that cargo, containers and cargo transport units entering the ferry facility match the invoice or other cargo documentation;inspecting cargo, containers, cargo transport units and cargo storage areas in the ferry facility before and during cargo handling operations to detect evidence of tampering; andexamining seals and other methods used to detect evidence of tampering when cargo, containers, or cargo transport units enter the ferry facility or are stored there.
MARSEC Level 2
Domestic ferry facilityIf a domestic ferry facility handles cargo, additional security procedures for the handling of cargo at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingintensifying inspections to ensure that only documented cargo enters the ferry facility;increasing the frequency and detail of examinations of seals and other methods used to prevent tampering;segregating inbound cargo, outbound cargo and ships’ stores;increasing the frequency and intensity of visual and physical inspections; andlimiting the number of locations where certain dangerous cargoes, if any, are stored.
MARSEC Level 3
Domestic ferry facilityIf a domestic ferry facility handles cargo, additional security procedures for the handling of cargo at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingconfirming the inventory and location of certain dangerous cargoes in the ferry facility;suspending cargo movements or cargo operations in all or part of the ferry facility; andcooperating with emergency response providers, vessels or marine facilities.
Security Procedures for Delivery of Ships’ Stores and BunkersGeneral
ObjectivesSecurity procedures for the delivery of ships’ stores and bunkers shall be established in the security plan in respect of a domestic ferry and the security plan in respect of a domestic ferry facility for all MARSEC levels, as appropriate to the operations of the ferry or the ferry facility, in order toinspect ships’ stores for package integrity;prevent ships’ stores from being accepted without inspection;prevent tampering; andprevent ships’ stores and bunkers from being accepted without being ordered.Standing proceduresIf a domestic ferry routinely interfaces with the same domestic ferry facility, the security plan in respect of the ferry may establish standing procedures involving the ferry, its suppliers, and the ferry facility regarding the notification and timing of deliveries, and their documentation.
MARSEC Level 1
Domestic ferryIn the case of a domestic ferry, security procedures for the delivery of ships’ stores and bunkers at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingconducting a random inspection of ships’ stores before they are accepted;verifying that ships’ stores and bunkers match the order before being brought on board or being bunkered; andimmediately securing ships’ stores following delivery.Domestic ferry facilityIn the case of a domestic ferry facility, security procedures for the delivery of ships’ stores and bunkers at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingcoordinating with ferry operators that are inspecting ships’ stores;requiring advance notification of the delivery of ships’ stores or bunkers, including a list of the stores or bunkers, driver information and the licence plate number of the delivery vehicle;conducting random inspections of delivery vehicles; andcontrolling the movement of delivery vehicles in the ferry facility.
MARSEC Level 2
Domestic ferryIn the case of a domestic ferry, additional security procedures for the delivery of ships’ stores and bunkers at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingintensifying the inspection of ships’ stores; andinspecting ships’ stores before they are received on board.Domestic ferry facilityIn the case of a domestic ferry facility, additional security procedures for the delivery of ships’ stores and bunkers at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingcoordinating with ferry operators that are inspecting ships’ stores more intensively;verifying that ships’ stores and bunkers match the invoice or other documentation before they enter the ferry facility;escorting delivery vehicles in the ferry facility; andrestricting or prohibiting the entry of ships’ stores and bunkers that will not leave the ferry facility within the period set out in the invoice or other documentation.
MARSEC Level 3
Domestic ferryIn the case of a domestic ferry, additional security procedures for the delivery of ships’ stores and bunkers at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingconducting more intensive inspections of ships’ stores; andrestricting or suspending the handling of ships’ stores and bunkers or refusing to accept them on board.Domestic ferry facilityIn the case of a domestic ferry facility, additional security procedures for the delivery of ships’ stores and bunkers at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingrestricting or suspending the delivery of ships’ stores and bunkers; andrefusing to accept ships’ stores and bunkers at the ferry facility.
Security Procedures for MonitoringGeneral
ObjectiveSecurity procedures shall be established for all MARSEC levels in the security plan in respect of a domestic ferry and the security plan in respect of a domestic ferry facility, as appropriate to their operations, to continuously monitor the ferry or the ferry facility, the area surrounding it, all restricted areas and all interfaces, through a combination of lighting, watchkeepers, security guards, deck watches, automatic intrusion detection devices, surveillance equipment and waterborne patrols.LightingThe following shall be considered when establishing the appropriate level and location of lighting:domestic ferry and domestic ferry facility personnel shall be able to detect activities on and around the ferry and the ferry facility, on both the shoreside and the waterside;the lighting shall facilitate the identification of persons at access points;the lighting may be provided through coordination between the ferry and the ferry facility and, if applicable, the port administration; andin the case of a ferry, when lighting is necessary for a ferry that is under way, the lighting shall be the maximum available that is consistent with safe navigation, taking into account the International Regulations for Preventing Collisions at Sea, 1972.Coordination of proceduresSecurity procedures for monitoring may be coordinated between a domestic ferry and a domestic ferry facility and, if applicable, a port administration.
MARSEC Level 1
Domestic ferryIn the case of a domestic ferry, security procedures for monitoring at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingconducting emergency searches of the ferry;identifying and fixing any system failure and any malfunction of monitoring equipment;continually monitoring any automatic intrusion detection device; andlighting the deck and the ferry access points sufficiently during the period between sunset and sunrise and during periods of limited visibility to allow the visual identification of persons seeking to board the ferry.Domestic ferry facilityIn the case of a domestic ferry facility, security procedures for monitoring at MARSEC level 1 shall be established in the security plan in respect of the ferry facility in accordance with the requirements in section 95.
MARSEC Level 2
Domestic ferryIn the case of a domestic ferry, additional security procedures for monitoring at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingincreasing the frequency and detail of security patrols;increasing the coverage and intensity of lighting;using, or increasing the use of, security and surveillance equipment;assigning additional personnel as security lookouts; andcoordinating monitoring by means of foot, vehicle or waterborne patrols, if they are provided by a ferry facility or a port administration.Domestic ferry facilityIn the case of a domestic ferry facility, additional security procedures for monitoring at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingincreasing the coverage and intensity of lighting and surveillance equipment, including through the provision of additional lighting and surveillance;increasing the frequency of foot, vehicle or waterborne patrols; andassigning additional security personnel to monitoring and patrols.
MARSEC Level 3
Domestic ferryIn the case of a domestic ferry, additional security procedures for monitoring at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, includingcooperating with emergency response providers, marine facilities and port administrations;turning on all the lights on the ferry and in its vicinity;utilizing all surveillance equipment capable of recording activities on the ferry or in its vicinity;maximizing the recording time of the surveillance equipment;conducting an underwater inspection of the hull; andtaking measures to deter underwater access to the hull, including slow revolutions of the ferry’s propellers.Domestic ferry facilityIn the case of a domestic ferry facility, additional security procedures for monitoring at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, includingturning on all the lights at the ferry facility and in its vicinity;activating all surveillance equipment capable of recording;maximizing the recording time of the surveillance equipment; andconducting underwater inspection of the wharves, docks or other similar works.
Security Procedures for Security Threats, Security Breaches and Security Incidents
ObjectivesSecurity procedures for responding to security threats, security breaches or security incidents on a domestic ferry and at a domestic ferry facility shall be established in their respective security plans for all MARSEC levels, as appropriate to the operations of the ferry or the ferry facility, in order tomaintain critical ferry, ferry facility and interface operations byprohibiting entry into the affected area,denying access to the ferry or the ferry facility, except to persons responding to the security threat, security breach or security incident,implementing the appropriate MARSEC level security procedures throughout the ferry or the ferry facility,stopping cargo-handling operations, if any, andnotifying shoreside authorities, or other ferries, vessels or marine facilities of the security threat, security breach or security incident;evacuate the ferry or the ferry facility in case of security threats, security breaches or security incidents;report to the Minister, without undue delay, any security threats, security breaches or security incidents;brief ferry or ferry facility personnel on potential security threats and the need for vigilance and their assistance in reporting suspicious persons, objects or activities; andsuspend non-critical operations in order to focus response on critical operations.
Security Drills and Security ExercisesGeneral
ObjectivesSecurity drills and security exercises shall test the proficiency of domestic ferry personnel and domestic ferry facility personnel in carrying out their assigned security responsibilities at all MARSEC levels and the effective implementation of the respective security plans of the ferry or the ferry facility, and shall enable the ferry security officer or the ferry facility security officer to identify any related security deficiencies that need to be rectified.
Security Drills
Frequency of drillsThe operator of a domestic ferry or a domestic ferry facility shall ensure that a security drill is conducted at least once every three months except when the ferry or the ferry facility is out of service, in which case a drill shall be conducted within one week after the ferry or the ferry facility is back in service.Separate or coordinated drillsDomestic ferries and domestic ferry facilities may hold separate or coordinated drills.Concurrent drillsA security drill may be conducted with another drill, if appropriate.Security plan elements testedSecurity drills shall test individual elements of the security plan in respect of a domestic ferry or a domestic ferry facility including responses to security threats, security breaches and security incidents, and shall take into account, in respect of the ferry or the ferry facility, the types of operations, personnel changes and other relevant circumstances.EquivalencyA documented response to a security incident is considered equivalent to a security drill.
Security Exercises
Frequency of exercisesSecurity exercises shall be conducted at least once every calendar year, with not more than 18 months between them.Types of exercisesSecurity exercises may befull-scale;a tabletop simulation or seminar; orcombined with other appropriate exercises.Objectives of exercisesSecurity exercisesshall test the relevant security plan, and shall include the substantial and active participation of all personnel having security responsibilities;may include, depending on the scope and the nature of the exercises, the participation of government authorities or personnel from other vessels, marine facilities or port administrations having security responsibilities;may involve only a domestic ferry or a domestic ferry facility, or may be part of a cooperative program to test the security plan of another vessel, marine facility or port; andshall test, at a minimum, elements of coordination, resource availability and response, and the communication and notification procedures.Implementation of higher MARSEC levelIf a domestic ferry or a domestic ferry facility is involved in the implementation of MARSEC level 2 or MARSEC level 3 following a security incident, the implementation of the MARSEC level is equivalent to a security exercise.
Record-Keeping
Contents of recordsA ferry security officer and a ferry facility security officer shall each keep the following records in relation to their respective responsibilities:details of security training, including the date, duration and description, and the names of the participants;details of security drills and security exercises, including the date and description, the names of the participants and any best practices or lessons learned that might improve the security plan;details of security threats, security breaches and security incidents, including the date, time, location and description, the response, and the person to whom they were reported;records of changes in the MARSEC level, including the date, the time that notification was received, and the time of compliance with the requirements of the new level;records of the maintenance, calibration and testing of equipment used for security, including the date and time of the activity and the equipment involved;for each annual audit of the security plan, a letter certifying the date on which the audit was completed;a copy of the security assessment in respect of the domestic ferry or the domestic ferry facility and details of each periodic review of the assessment, including the date on which it was conducted and its findings;a copy of the approved security plan in respect of the ferry or the ferry facility and details of each periodic review of the plan, including the date on which it was conducted, its findings and any recommended amendments to the plan;the security documentation issued in respect of the ferry or the ferry facility;details of each amendment to the approved security plan in respect of the ferry or the ferry facility, including the date of the approval and implementation of the amendment;a list, by name or by position, of the personnel of the ferry or the ferry facility having security responsibilities; andrecords of inspections, including the dates on which they were conducted.Records managementSubject to subsection (3), a ferry security officer and a ferry facility security officer shall ensure that the records set out in subsection (1) in relation to their respective responsibilities arekept for at least two years after the date on which they are made;made available to the Minister upon request;protected from unauthorized access or disclosure; andprotected from deletion, destruction and revision.Period for keeping security plansThe ferry security officer and the ferry facility security officer shall ensure that copies of the security assessment and the approved security plan in respect of the domestic ferry or the domestic ferry facility are kept for at least two years after the date of expiry of the plan.Disclosure prohibitedNo person shall disclose security information contained in the records referred to in subsection (1), in the security assessments or in the security plans unless the disclosure is for the purpose of complying with these Regulations.
Coordination and Implementation of Procedures at Each MARSEC Level
Obligation before an interfaceBefore an interface occurs between a domestic ferry and a domestic ferry facility, the operator of the ferry and the operator of the ferry facility shall each ensure that the ferry or the ferry facility is operated in compliance with the MARSEC level in effect.Obligations of master of domestic ferryWhen notified of an increase in the MARSEC level at a domestic ferry facility with which a domestic ferry is about to interface, the master of the ferry shallensure that the ferry complies with the higher MARSEC level without undue delay;report any implementation difficulties to the Minister as soon as possible; andbrief all ferry personnel on identified security threats, emphasizing reporting procedures and stressing the need for increased vigilance.Obligations of domestic ferry facility operatorWhen notified of an increase in the MARSEC level on a domestic ferry with which a domestic ferry facility is about to interface, the operator of the ferry facility shallensure that the ferry facility complies with the higher MARSEC level without undue delay;report any implementation difficulties to the Minister as soon as possible; andbrief all ferry facility personnel on identified security threats, emphasizing reporting procedures and stressing the need for increased vigilance.Coordination with port administrationIf the domestic ferry facility referred to in subsection (3) is within a port, the operator of the domestic ferry and the operator of the ferry facility shall also coordinate with the port administration.
[105 reserved]Audit of Security PlanDomestic Ferry
Purpose of auditThe operator of a domestic ferry shall ensure that an audit of the security plan in respect of the ferry is conducted to determine whether the security plan meets the requirements of these Regulations.Frequency of auditThe operator of a domestic ferry shall ensure that an audit of the security plan in respect of the ferry is conducted every 12 months, and that a new audit is initiated within 30 days after the occurrence of any of the following:the ferry has a new operator;modifications have been made to the physical structure of the ferry;modifications have been made to the ferry’s emergency response procedures, security procedures or operations.Partial auditAn audit of the security plan in respect of a domestic ferry conducted as a result of modifications to the physical structure of the ferry may be limited to the provisions of the security plan that are affected by the modifications.CertificationIf, as a result of an audit, it is determined that the security plan in respect of a domestic ferry meets the requirements of these Regulations, the ferry security officer shall attach to the security plan a letter certifying that the plan meets those requirements.Amendment requiredIf, as a result of an audit, it is determined that the security plan in respect of a domestic ferry does not meet the requirements of these Regulations, the ferry security officer shall submit a security plan amendment to the operator of the ferry within 30 days after the completion of the audit.Requirements for conducting auditPersons conducting an audit shall have a knowledge of the methods of conducting audits and inspections, and a knowledge of access control and monitoring techniques, and shall be independent of the security procedures being audited unless that is impracticable because of the size and type of ferry.
Domestic Ferry Facility
Purpose of auditA ferry facility security officer shall ensure that an audit of the security plan in respect of a domestic ferry facility is conducted to determine whether the security plan meets the requirements of these Regulations.Frequency of auditA ferry facility security officer shall ensure that an audit of the security plan in respect of a domestic ferry facility is conducted every 12 months, and that a new audit is initiated within 30 days after the occurrence of any of the following:the ferry facility has a new operator;modifications have been made to the physical structure of the ferry facility;modifications have been made to the ferry facility’s emergency response procedures, security procedures or operations.Partial auditAn audit of the security plan in respect of a domestic ferry facility conducted as a result of modifications to the physical structure of the ferry facility may be limited to the provisions of the security plan affected by the modifications.CertificationIf, as a result of an audit, it is determined that the security plan in respect of a domestic ferry facility meets the requirements of these Regulations, the ferry facility security officer shall attach to the security plan a letter certifying that the plan meets those requirements.Amendment requiredIf, as a result of an audit, it is determined that the security plan in respect of a domestic ferry facility does not meet the requirements of these Regulations, the ferry facility security officer shall submit a security plan amendment to the operator of the ferry facility within 30 days after the completion of the audit.Requirements for conducting auditPersons conducting an audit shall have a knowledge of the methods of conducting audits and inspections, and a knowledge of access control and monitoring techniques, and shall be independent of the security procedures being audited unless that is impracticable because of the size and type of ferry facility.
Amendment to Security PlanObligation to Amend
Amendments requiredA security plan shall be amended ifan audit conducted under subsection 106(2) or 107(2) indicates that the security plan no longer meets the requirements of these Regulations; orthe Minister determines that an amendment is required to address security threats, security breaches or security incidents that are not addressed in the plan.
Procedures for Taking Effect
Amendments by operatorAny amendment to a security plan shall be submitted to the Minister at least 30 days before the day on which it is to take effect.Amendment required by MinisterIf an amendment is required by the Minister under paragraph 108(b), the operator shall submit the amendment to the Minister within 60 days after the day on which the Minister sends the operator written notification of the determination.
Approval of Amendments
ApprovalThe Minister shall approve the amendments to the security plan if they meet the requirements of these Regulations, unless approving the amendments is likely to adversely affect marine transportation security.Security plan no longer validIf an amendment to the security plan that is required under section 108 is not submitted or approved, the approved security plan ceases to be valid on the day on which the operator receives notification in writing that the plan is no longer valid.
COMING INTO FORCE
RegistrationThese Regulations come into force on the day on which they are registered.
(Subsections 2(1), 12(3) and (4), 20(3) and (4), and paragraph 38(1)(r))DOMESTIC FERRY ROUTESPACIFIC REGIONRoutes operated by BC FerriesHorseshoe Bay–Departure BayHorseshoe Bay–LangdalePrince Rupert–Port HardyPrince Rupert–SkidegateTsawwassen–Duke PointTsawwassen–Swartz BayRoute operated by Translink–Coast Mountain Bus Company (SeaBus)Vancouver Waterfront–Lonsdale QuayONTARIO REGIONRoutes operated by the City of TorontoMainland Ferry Docks–Centre Island Ferry DockMainland Ferry Docks–Hanlan’s Point Ferry DockMainland Ferry Docks–Ward’s Island Ferry DockRoute operated by Toronto City Centre AirportToronto Island–Toronto Mainland (From the foot of Bathurst Street, across the Western Channel to Toronto City Centre Airport (TCCA))QUEBEC REGIONRoutes operated by the Société des traversiers du QuébecQuébec–LévisSorel-Tracy–Saint-Ignace-de-LoyolaTadoussac–Baie-Sainte-CatherineATLANTIC REGIONRoutes operated by Halifax Metro TransitHalifax–DartmouthHalifax–WoodsideRoutes operated by Marine AtlanticNorth Sydney–ArgentiaPort aux Basques–North Sydney(Subsections 2(1), 13(3) and (4), and paragraph 38(2)(r))DOMESTIC FERRY FACILITIESPACIFIC REGIONDomestic ferry facilities operated by BC FerriesDeparture Bay TerminalDuke Point TerminalHorseshoe Bay TerminalLangdale TerminalPort Hardy TerminalPrince Rupert TerminalSkidegate TerminalSwartz Bay TerminalTsawwassen TerminalDomestic ferry facilities operated by Translink–Coast Mountain Bus Company (SeaBus)Lonsdale Quay North Shore TerminalVancouver Waterfront South Shore TerminalONTARIO REGIONDomestic ferry facilities operated by the City of TorontoCentre Island Ferry DockHanlan’s Point Ferry DockMainland Ferry DocksWard’s Island Ferry DockDomestic ferry facilities operated by Toronto City Centre AirportToronto Island Terminal (Toronto City Centre Airport, across the Western Channel)Toronto Mainland Terminal (foot of Bathurst Street, across the Western Channel)QUEBEC REGIONDomestic ferry facilities operated by the Société des traversiers du QuébecBaie-Sainte-Catherine TerminalLévis TerminalQuébec TerminalSaint-Ignace-de-Loyola TerminalSorel-Tracy TerminalTadoussac TerminalATLANTIC REGIONDomestic ferry facilities operated by Halifax Metro TransitDartmouth TerminalHalifax TerminalWoodside TerminalDomestic ferry facilities operated by Marine AtlanticArgentia TerminalNorth Sydney TerminalPort aux Basques Terminal