Domestic Ferries Security Regulations (SOR/2009-321)

Security Exercises

Marginal note:Frequency of exercises

• 102 (1) Security exercises shall be conducted at least once every calendar year, with not more than 18 months between them.

• Marginal note:Types of exercises

  (2) Security exercises may be

  • (a) full-scale;

  • (b) a tabletop simulation or seminar; or

  • (c) combined with other appropriate exercises.

• Marginal note:Objectives of exercises

  (3) Security exercises

  • (a) shall test the relevant security plan, and shall include the substantial and active participation of all personnel having security responsibilities;

  • (b) 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;

  • (c) 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; and

  • (d) shall test, at a minimum, elements of coordination, resource availability and response, and the communication and notification procedures.

• Marginal note:Implementation of higher MARSEC level

  (4) If 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

Marginal note:Contents of records

• 103 (1) A ferry security officer and a ferry facility security officer shall each keep the following records in relation to their respective responsibilities:

  • (a) details of security training, including the date, duration and description, and the names of the participants;

  • (b) 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;

  • (c) 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;

  • (d) 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;

  • (e) records of the maintenance, calibration and testing of equipment used for security, including the date and time of the activity and the equipment involved;

  • (f) for each annual audit of the security plan, a letter certifying the date on which the audit was completed;

  • (g) 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;

  • (h) 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;

  • (i) the security documentation issued in respect of the ferry or the ferry facility;

  • (j) 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;

  • (k) a list, by name or by position, of the personnel of the ferry or the ferry facility having security responsibilities; and

  • (l) records of inspections, including the dates on which they were conducted.

• Marginal note:Records management

  (2) Subject 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 are

  • (a) kept for at least two years after the date on which they are made;

  • (b) made available to the Minister upon request;

  • (c) protected from unauthorized access or disclosure; and

  • (d) protected from deletion, destruction and revision.

• Marginal note:Period for keeping security plans

  (3) The 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.

• Marginal note:Disclosure prohibited

  (4) No 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

Marginal note:Obligation before an interface

• 104 (1) Before 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.

• Marginal note:Obligations of master of domestic ferry

  (2) When 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 shall

  • (a) ensure that the ferry complies with the higher MARSEC level without undue delay;

  • (b) report any implementation difficulties to the Minister as soon as possible; and

  • (c) brief all ferry personnel on identified security threats, emphasizing reporting procedures and stressing the need for increased vigilance.

• Marginal note:Obligations of domestic ferry facility operator

  (3) When 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 shall

  • (a) ensure that the ferry facility complies with the higher MARSEC level without undue delay;

  • (b) report any implementation difficulties to the Minister as soon as possible; and

  • (c) brief all ferry facility personnel on identified security threats, emphasizing reporting procedures and stressing the need for increased vigilance.

• Marginal note:Coordination with port administration

  (4) If 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 Plan

Domestic Ferry

Marginal note:Purpose of audit

• 106 (1) The 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.

• Marginal note:Frequency of audit

  (2) The 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:

  • (a) the ferry has a new operator;

  • (b) modifications have been made to the physical structure of the ferry;

  • (c) modifications have been made to the ferry’s emergency response procedures, security procedures or operations.

• Marginal note:Partial audit

  (3) An 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.

• Marginal note:Certification

  (4) If, 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.

• Marginal note:Amendment required

  (5) If, 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.

• Marginal note:Requirements for conducting audit

  (6) Persons 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

Marginal note:Purpose of audit

• 107 (1) A 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.

• Marginal note:Frequency of audit

  (2) A 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:

  • (a) the ferry facility has a new operator;

  • (b) modifications have been made to the physical structure of the ferry facility;

  • (c) modifications have been made to the ferry facility’s emergency response procedures, security procedures or operations.

• Marginal note:Partial audit

  (3) An 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.

• Marginal note:Certification

  (4) If, 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.

• Marginal note:Amendment required

  (5) If, 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.

• Marginal note:Requirements for conducting audit

  (6) Persons 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 Plan

Obligation to Amend

Marginal note:Amendments required

108 A security plan shall be amended if

• (a) an audit conducted under subsection 106(2) or 107(2) indicates that the security plan no longer meets the requirements of these Regulations; or

• (b) the 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

Marginal note:Amendments by operator

• 109 (1) Any 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.

• Marginal note:Amendment required by Minister

  (2) If 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

Marginal note:Approval

• 110 (1) The 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.

• Marginal note:Security plan no longer valid

  (2) If 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

Marginal note:Registration

111 These Regulations come into force on the day on which they are registered.