1. The following definitions apply in these Regulations.

• “Act” means the Marine Transportation Security Act. (Loi)

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

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

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

• “container” means a structure for transporting commodities on trucks, railcars or vessels that meets the requirements set out in the Safe Containers Convention Act. (conteneur)

• “container terminal” means any marine facility that accepts containers for transport. (terminal pour conteneurs)

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

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

• “cruise ship terminal” means a marine facility that interfaces with cruise ships. (terminal pour navires de croisière)

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

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

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

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

• “fishing vessel” has the meaning assigned by subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche)

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

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

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

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

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

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

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

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

• “MARSEC level 3” means the level for which security procedures additional to those of MARSEC level 1 and MARSEC level 2 are maintained for a limited period when a security threat or security incident is probable or imminent regardless of whether the specific target is identified. (niveau MARSEC 3)

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

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

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

• “pleasure craft” has the meaning assigned by section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance)

• “port administration” means

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

  • (b) the operator of a marine facility that is a harbour commission established under subsection 5(1) of the Harbour Commissions Act;

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

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

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

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

• “security clearance” means a security clearance granted by the Minister under section 509. (habilitation de sécurité)

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

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

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