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• 1 (1) The following definitions apply in these Regulations.

  dangerous goods

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

  IMDG Code

  IMDG Code  means the International Maritime Dangerous Goods Code, published by the International Maritime Organization, as amended from time to time. (Code IMDG)

  ISPS Code

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

  MARSEC level 2

  MARSEC level 2  means the level for which additional security requirements are required to be implemented as a result of heightened risk in accordance with the approved security plan or approved security procedures. (niveau MARSEC 2)

  MARSEC level 3

  MARSEC level 3  means the level for which additional security requirements are required to be implemented as a result of a security threat that is probable or imminent, whether or not the specific target is identified, in accordance with the approved security plan or approved security procedures. (niveau MARSEC 3)

  port

  port  means

  • (a) a port as defined in section 5 of the Canada Marine Act;

  port administration

  port administration  means

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  • (b) an employee of the Department of Transport who is designated by the Minister as the security officer for a port as defined in paragraph (c) of the definition port ; or

  • (c) in the absence of a port administration described in paragraph (a) or (b), the operator of a marine facility who is identified in an agreement referred to in paragraph (c) of the definition port to act as the port administration of the port. (organisme portuaire)

  recognized institution

  recognized institution  means a training institution that is designated as a recognized institution by the Minister under section 803.1 and that administers, in accordance with the requirements and established practices of the domestic and international marine industry, approved training courses for the purpose of providing the training necessary to obtain a certificate of proficiency issued under Part 8. (établissement reconnu)

  SOLAS

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

  SOLAS ship

  SOLAS ship  means a vessel that

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  • (b) is engaged on an international voyage 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 63° W. (navire ressortissant à SOLAS)

  STCW Code

  STCW Code  means the Seafarers’ Training, Certification and Watchkeeping Code, published by the International Maritime Organization, as amended from time to time. (Code STCW)

  STCW Convention

  STCW Convention  means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, published by the International Maritime Organization, as amended from time to time. (Convention STCW)

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• (3) Subject to subsection (6), a SOLAS ship’s vessel security officer shall hold

  • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a ship security officer issued under Part 8; and

  • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a ship security officer issued by the contracting government of that state.

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• (6) In circumstances of exceptional necessity, when a person who holds a certificate of proficiency as a ship security officer is temporarily unavailable to serve as vessel security officer on a SOLAS ship, the Administration may permit a member of the vessel’s personnel who has responsibilities respecting the security of the vessel and an understanding of the vessel security plan to serve as vessel security officer on the vessel until it arrives at the next port of call or for a period not exceeding 30 days. That member shall serve as the vessel security officer as permitted by the Administration, and the vessel’s master shall, as soon as possible, inform the relevant maritime authorities of the next ports of call of the arrangements in place.

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212 A vessel security officer shall

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• (b) implement the vessel security plan, as amended from time to time;

• (c) conduct audits of the vessel security plan as required by this Part;

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• (e) as soon as practicable after a deficiency in the vessel security plan is identified, report it to the company security officer and implement the action necessary that is required to correct the deficiency until the plan is amended;

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• (i) report security threats and security incidents to the master, the company security officer, the appropriate law enforcement agencies, the Minister and, if applicable, the port administration, as soon as possible after they occur so that an investigation can be conducted;

• (j) report security breaches to the Minister and, if applicable, the port administration, as soon as possible after they occur;

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Marginal note:Requirements

• 801 (1) The Minister shall issue a certificate of proficiency to a person if

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  • (b) in the case of a certificate of proficiency as a ship security officer, the person has at least 12 months of sea service, calculated in accordance with sections 115, 116 and 118 of the Marine Personnel Regulations;

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  • (d) the person provides proof that he or she is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

• Marginal note:References to “qualifying service”

  (2) For the purpose of paragraph (1)(b), the references in subsection 115(3) and section 116 of the Marine Personnel Regulations to “qualifying service” shall be read as references to “sea service”.

• Marginal note:Alternative before July 1, 2014

  (3) The Minister shall issue a certificate of proficiency as a member of the vessel personnel with security responsibilities to a person who commenced sea service before January 1, 2012 if the person

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  • (d) provides the Minister with proof that the person is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; and

• Marginal note:Alternative before July 1, 2014

  (4) The Minister shall issue a certificate of proficiency as a member of the vessel personnel without security responsibilities to a person who commenced sea service before January 1, 2012 if the person

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  • (d) provides the Minister with proof that the person is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; and

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