Controlled Access Zone Order (Halifax, Esquimalt and Nanoose Harbours) (SI/2003-2)

Interpretation

• 1 (1) The definitions in this subsection apply in this Order.

  controlled access zone

  controlled access zone means a zone, designated by the Minister under section 2, that includes all corresponding airspace above, and water and land below, the zone. (zone d’accès contrôlé)

  security guard

  security guard means

  • (a) an officer or a non-commissioned member who is employed on duties relating to the enforcement of this Order; or

  • (b) a person authorized by the Chief of the Defence Staff to enforce this Order. (garde de sécurité)

• (2) In this Order, defence establishment, materiel, Minister, non-commissioned member and officer have the same meaning as in subsection 2(1) of the National Defence Act.

Controlled Access Zones

Designation

2 Subject to section 3, the Minister may personally, on the recommendation of the Chief of the Defence Staff, designate as a controlled access zone an area or part of an area of water described in column 2 of the schedule at a location referred to in column 1.

• 3 (1) The Minister may designate a controlled access zone only if it is reasonably necessary to ensure the safety or security of

  • (a) a defence establishment;

  • (b) materiel or other property that is provided for the Canadian Forces or the Department of National Defence and is situated outside a defence establishment;

  • (c) a vessel, aircraft or other property under the control of a visiting force that is legally in Canada by virtue of the Visiting Forces Act or otherwise; or

  • (d) any person in, on or about anything referred to in paragraphs (a) to (c).

• (2) The dimensions of a controlled access zone may not be greater than is reasonably necessary to ensure the safety or security of anything referred to in paragraphs (1)(a) to (c) or a person referred to in paragraph (1)(d).

4 A controlled access zone may be

• (a) a fixed zone; or

• (b) a zone surrounding anything referred to in paragraph 3(1)(b) or (c), whether it is moving or stationary, including a ship that is at anchor.

5 A designation may be made or renewed for a determinate or indeterminate period.

6 The Minister may at any time amend, vary or cancel a designation.

Notice of Designation

7 The Minister shall, by any means that the Minister considers appropriate in the circumstances, give notice of a designation and of the renewal, amendment, variation or cancellation of a designation as soon as possible to all persons who in the Minister’s opinion may be affected by it, unless the Minister is of the opinion that it is inadvisable to do so for reasons of international relations or national defence or security.

• 8 (1) Subject to subsection (2), the Minister shall publish a notice of a designation and of the renewal, amendment, variation or cancellation of a designation in the Canada Gazette within 23 days after the designation, renewal, amendment, variation or cancellation.

• (2) Subsection (1) does not apply if

  • (a) the Minister is of the opinion that it is inadvisable to publish a notice for reasons of international relations or national defence or security;

  • (b) the designation, renewal, amendment or variation is for a period of less than 30 days or the cancellation takes place less than 30 days after the designation is made; or

  • (c) the designation, renewal, amendment or variation is in respect of a controlled access zone referred to in paragraph 4(b).

Access to Controlled Access Zones

9 The Chief of the Defence Staff may, having regard to the safety or security of anything referred to in paragraphs 3(1)(a) to (c) or a person referred to in paragraph 3(1)(d),

• (a) permit persons or classes of persons to have access to a controlled access zone without conditions;

• (b) permit persons or classes of persons to have access to a controlled access zone on such conditions as the Chief of the Defence Staff considers appropriate in the circumstances; or

• (c) prohibit persons or classes of persons from having access to a controlled access zone.

Notice Relating to Access

10 The Chief of the Defence Staff shall, by any means that the Chief of the Defence Staff considers appropriate in the circumstances, give notice as soon as possible that access to a controlled access zone is permitted or prohibited and of the conditions of access to the zone, and of any changes to that permission or prohibition or to those conditions, to all persons who, in the opinion of the Chief of the Defence Staff, may be affected by them, unless the Chief of the Defence Staff is of the opinion that it is inadvisable to do so for reasons of international relations or national defence or security.

Compliance and Enforcement

11 Every person on entering or exiting a controlled access zone shall, on the demand of a security guard, submit to a search of their person or any property or thing under their control.

12 Where a person refuses to submit to a search when required to do so under section 11,

• (a) if the person is seeking entry to the controlled access zone, they may be refused entry; or

• (b) if the person is exiting the zone, the person or any property or thing under their control may be searched by a security guard, which search shall be carried out with only such force as is necessary for that purpose.

13 Except where there are reasonable grounds to believe that an immediate search is necessary to ensure the safety or security of anything referred to in paragraphs 3(1)(a) to (c) or a person referred to in paragraph 3(1)(d), a search of a person shall be carried out only by a security guard of the same sex as the person.

14 A security guard may without a warrant search any property or thing in a controlled access zone if the security guard has reasonable grounds to believe that the property or thing is, or may contain anything that is, likely to endanger the safety or security of anything referred to in paragraphs 3(1)(a) to (c) or a person referred to in paragraph 3(1)(d).

• 15 (1) Every person who is in a controlled access zone with permission shall comply with every condition of access established for the zone and every direction given under this Order by a security guard and the person, or any property or thing under the person’s control, may be removed from the zone by a security guard if the person fails to comply with any of those conditions or directions.

• (2) Every person who is in a controlled access zone without permission shall comply with every direction given under this Order by a security guard and the person, or any property or thing under the person’s control, may be removed from the zone by a security guard if the person fails to comply with any of those directions.

• (3) A security guard may use only such force as is necessary when removing a person, or any property or thing under the control of the person, from a controlled access zone under subsection (1) or (2).

Authorization by Chief of the Defence Staff

16 The Chief of the Defence Staff may authorize an officer to act on behalf of the Chief of the Defence Staff for the purposes of this Order, other than section 2.