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Marine Transportation Security Regulations

Version of section 380 from 2008-12-15 to 2014-06-18:

  •  (1) No person shall enter or remain in a restricted area unless they are

    • (a) the holder of a restricted area pass issued under section 384 for that restricted area;

    • (b) a person who does not ordinarily work at the marine facility or port and who is being escorted by a holder of a restricted area pass;

    • (c) an inspector designated under subsection 22(1) of the Act who is on duty;

    • (d) a member of one of the following groups who is on duty at a marine facility or on a vessel at a marine facility:

      • (i) any police force in Canada,

      • (ii) the Canadian Security Intelligence Service, or

      • (iii) the Canadian Forces within the meaning of those words in Part II of the National Defence Act;

      • (iv) [Repealed, SOR/2006-269, s. 14]

    • (e) a provider of emergency services who requires access to the area for the protection and preservation of life or property; or

    • (f) a member of the complement of the vessel in the performance of their duties and in compliance with the vessel security plan and the marine facility security plan.

  • (2)  A commercial truck driver who is required to enter a restricted area two at a marine facility or port as part of their commercial activities may enter and remain in the area to carry out the activities if

    • (a) the driver holds a valid FAST/EXPRES card issued under the Free and Secure Trade (FAST) program by the Canada Border Services Agency or the U.S. Customs and Border Protection;

    • (b) the operator of the marine facility or port administration informs the driver of all applicable procedures and requirements, as identified and approved in the marine facility security plan, and ensures that the driver meets the procedures and requirements; and

    • (c) the driver follows the procedures and requirements identified by the operator of the marine facility or port administration.

  • (3)  A passenger of a cruise ship may transit a restricted area two if the passenger uses a passageway that

    • (a) is demarcated for use by passengers in accordance with the marine facility security plan; and

    • (b) is supervised by a person who has a security clearance.

  • SOR/2006-269, s. 14
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