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Domestic Ferries Security Regulations (SOR/2009-321)

Regulations are current to 2020-11-02 and last amended on 2015-06-17. Previous Versions

PART 5Security Assessment and Security Plan (continued)

Audit of Security Plan (continued)

Domestic Ferry Facility

Marginal note:Purpose of audit

  •  (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

 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

  •  (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

  •  (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

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

 
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