[2 to 10 reserved]

11. An operator of a vessel to which Part 2 applies, or a marine facility operator or port administration to which Part 3 applies, 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.

12. The operator of a vessel to which Part 2 applies and the operator of a marine facility to which Part 3 applies, other than the operator of a marine facility that is referred to in paragraph (a), (b) or (c) of the definition “port administration”, shall ensure that, where there is a significant demand from at least 5 per cent of the travelling public for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations,

• (a) authorized screening is carried out by means that effectively enable communication with members of the public in the official language of their choice; and

• (b) printed or pre-recorded material is provided in both official languages if the material is used in respect of authorized screening.

13. For the purposes of subsection 47(1) of the Act, the prescribed grounds are those that exist when a decision is made in consideration of the possibility of an immediate risk to the security of marine transportation.

[14 to 199 reserved]

• 200. (1) The following definitions apply in this Part.

  “non-SOLAS ship”

  “non-SOLAS ship” means a vessel that is not a SOLAS ship, is engaged on a voyage from a port in one country to a port in another country and

  • (a) is more than 100 tons gross tonnage, other than a towing vessel;

  • (b) carries more than 12 passengers; or

  • (c) is a towing vessel engaged in towing a barge astern or alongside or pushing ahead, if the barge is carrying certain dangerous cargoes. (navire non ressortissant à SOLAS)

  “operator”

  “operator” means, in respect of a vessel,

  • (a) the actual owner, if it is not registered, or the registered owner, if it is registered;

  • (b) a person having a beneficial interest in the vessel, including an interest arising under contract and any other equitable interest, other than an interest by way of a mortgage;

  • (c) a lessee or charterer of the vessel who is responsible for its navigation; or

  • (d) if the vessel is a barge referred to in paragraph (c) of the definition “non-SOLAS ship”, the master or other person who has command or charge of the vessel that is towing or pushing the barge. (exploitant)

  “SOLAS ship”

  “SOLAS ship” means a vessel that

  • (a) is 500 tons gross tonnage or more or is carrying more than 12 passengers; and

  • (b) is engaged on a voyage from a port in one country to a port in another country other than a voyage solely on the Great Lakes and the St. Lawrence River as far seaward as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude sixty-three degrees west. (navire ressortissant à SOLAS)

• (2) For the purpose of interpreting the ISPS Code, “company” shall be read to mean “operator”.