Domestic Ferries Security Regulations (SOR/2009-321)

Regulations are current to 2014-04-02

Return of Restricted Area Pass or Key

Marginal note:Return when no longer necessary

 The holder of a restricted area pass or key shall return it immediately to the operator who issued it when

  • (a) the holder ceases to work on the domestic ferry or in the domestic ferry facility; or

  • (b) the operator determines that the holder otherwise ceases to require the restricted area pass or key.

Administration of Restricted Area Passes and Keys

Marginal note:Record-keeping
  •  (1) An operator shall keep a record of

    • (a) the 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; and

    • (b) lost or stolen passes or keys.

  • Marginal note:Safekeeping and communication of records

    (2) An operator shall ensure that the record referred to in subsection (1) is

    • (a) kept for at least two years after the date of expiry or return of the restricted area passes or keys; and

    • (b) made available to the Minister on request.

  • Marginal note:Port administration

    (3) If 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

Marginal note:Notification of replacement

 If 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:

  • (a) the ferry security officers of both the replacement ferry and the replaced ferry; and

  • (b) the ferry facility security officer of each domestic ferry facility with which the replacement ferry will interface on that route.

[48 to 52 reserved]

PART 4PERSONNEL

Overview

Marginal note:Security responsibilities

 This 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

Marginal note:Judgment of master prevails
  •  (1) Nothing 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 decisions

    • (a) to deny access to persons other than the following and, where applicable, their goods:

      • (i) the operator of the ferry,

      • (ii) the operator of the domestic ferry facility with which the ferry interfaces,

      • (iii) persons authorized by the Government of Canada to board the ferry,

      • (iv) local law enforcement personnel in the exercise of their functions, and

      • (v) emergency response personnel;

    • (b) to refuse to load cargo, including containers or other closed cargo transport units; and

    • (c) to 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.

  • Marginal note:Precedence of safety requirements

    (2) If 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.

  • Marginal note:Temporary procedures

    (3) If the master of a domestic ferry uses temporary procedures, the master shall inform the Minister as soon as practicable.

  • Marginal note:Master to provide support

    (4) The master of a domestic ferry shall provide the ferry security officer with the support necessary to carry out their duties on board the ferry.