Domestic Ferries Security Regulations (SOR/2009-321)

Regulations are current to 2016-08-01 and last amended on 2015-06-17. Previous Versions

MARSEC Level

Marginal note:MARSEC level 1

 The 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

Marginal note:Security equipment and systems

 No 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]

PART 2Security Documentation

Overview

Marginal note:Requirements relating to security documentation

 This 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

Marginal note:Domestic ferry
  •  (1) Subject to subsections (2) to (4), no person shall operate a domestic ferry without

    • (a) an Interim Domestic Ferry Security Certificate in respect of the ferry issued under subsection 18(1) within the preceding 90 days; or

    • (b) a Security Certificate in respect of the ferry issued under paragraph 19(1)(a).

  • Marginal note:Deemed compliance

    (2) The 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:

  • Marginal note:Exemption — Part 1 of Schedule 1

    (3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1.

  • Marginal note:Exemption — Parts 2 to 4 of Schedule 1

    (4) Subsection (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.

Marginal note:Domestic ferry facility
  •  (1) Subject 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).

  • Marginal note:Deemed compliance

    (2) The operator of a domestic ferry facility is deemed to comply with the requirements of subsection (1) if the Minister has issued a letter of approval in respect of the ferry facility under subsection 352(1) of the Marine Transportation Security Regulations.

  • Marginal note:Exemption — Part 1 of Schedule 2

    (3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry facility set out in Part 1 of Schedule 2.

  • Marginal note:Exemption — Parts 2 to 4 of Schedule 2

    (4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry facility set out in Parts 2 to 4 of Schedule 2.

  • SOR/2014-162, s. 103.

Procedure for Issuance of Security Documentation

Overview of the Procedure

Marginal note:Domestic ferry
  •  (1) The procedure for the issuance of security documentation in respect of a domestic ferry is the following:

    • (a) the operator of the ferry submits to the Minister a security assessment report in respect of the ferry in accordance with subsection 15(1);

    • (b) 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);

    • (c) the operator of the ferry submits to the Minister a security plan in respect of the ferry in accordance with subsection 17(1);

    • (d) 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); and

    • (e) the Minister issues to the operator of the ferry a Security Certificate in respect of the ferry in accordance with paragraph 19(1)(a).

  • Marginal note:Domestic ferry facility

    (2) The procedure for the issuance of security documentation in respect of a domestic ferry facility is the following:

    • (a) 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);

    • (b) 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);

    • (c) 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); and

    • (d) the 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

Marginal note:Domestic ferry
  •  (1) In 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.

  • Marginal note:Domestic ferry facility

    (2) In 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.

  • Marginal note:Documents signed in ink

    (3) The 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

Marginal note:Domestic ferry
  •  (1) The 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.

  • Marginal note:Domestic ferry facility

    (2) The 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

Marginal note:Domestic ferry
  •  (1) After 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 that

    • (a) addresses the analysis and recommendations set out in the approved security assessment; and

    • (b) meets the requirements of sections 71 to 73.

  • Marginal note:Domestic ferry facility

    (2) After 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 that

    • (a) addresses the analysis and recommendations set out in the approved security assessment; and

    • (b) meets the requirements of sections 71, 72 and 74.

  • Marginal note:Documents signed in ink

    (3) The documents submitted to the Minister under subsections (1) and (2) shall be signed in ink by the operator.

Approval of Security Plan by Minister

Marginal note:Domestic ferry
  •  (1) The 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 operator

    • (a) meets the requirements of sections 71 to 73; and

    • (b) sets out adequate systems to address or respond to security threats, security breaches and security incidents.

  • Marginal note:Domestic ferry facility

    (2) The 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 operator

    • (a) meets the requirements of sections 71, 72 and 74; and

    • (b) sets out adequate systems to address or respond to security threats, security breaches and security incidents.

  • Marginal note:Period of validity

    (3) A 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:

    • (a) in the case of a domestic ferry,

      • (i) its operations and the industry in which it operates,

      • (ii) its ports of call and usual routes,

      • (iii) the operator’s security record, and

      • (iv) the complexity of its security plan and the details of its procedures; and

    • (b) in the case of a domestic ferry facility,

      • (i) its operations and the industry in which it operates,

      • (ii) the operator’s security record, and

      • (iii) the complexity of its security plan and the details of its procedures.

 
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