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Domestic Ferries Security Regulations (SOR/2009-321)

Regulations are current to 2022-05-02 and last amended on 2015-06-17. Previous Versions

PART 2Security Documentation (continued)

Procedure for Issuance of Security Documentation (continued)

Approval of Security Plan by Minister

Marginal note:Domestic ferry

  •  (1) The Minister shall approve a security plan in respect of a domestic ferry and issue to the operator of the ferry an Interim Domestic Ferry Security Certificate in respect of the ferry if the Minister is satisfied that the security plan submitted by the operator

    • (a) meets the requirements of sections 71 to 73; and

    • (b) sets out adequate systems to address or respond to security threats, security breaches and security incidents.

  • Marginal note:Domestic ferry facility

    (2) The Minister shall approve a security plan in respect of a domestic ferry facility if the Minister is satisfied that the security plan submitted by the operator

    • (a) meets the requirements of sections 71, 72 and 74; and

    • (b) sets out adequate systems to address or respond to security threats, security breaches and security incidents.

  • Marginal note:Period of validity

    (3) A security plan approved by the Minister is valid for a period fixed by the Minister, which shall not exceed five years after the date on which it is approved. In fixing the period, the Minister shall consider the following:

    • (a) in the case of a domestic ferry,

      • (i) its operations and the industry in which it operates,

      • (ii) its ports of call and usual routes,

      • (iii) the operator’s security record, and

      • (iv) the complexity of its security plan and the details of its procedures; and

    • (b) in the case of a domestic ferry facility,

      • (i) its operations and the industry in which it operates,

      • (ii) the operator’s security record, and

      • (iii) the complexity of its security plan and the details of its procedures.

Issuance of Security Certificate and Statement of Compliance

Marginal note:Successful inspection

  •  (1) If the Minister is satisfied, on the basis of an inspection conducted under section 23 of the Act, that the procedures set out in the approved security plan in respect of a domestic ferry or a domestic ferry facility are implemented, the Minister shall issue to the operator of the ferry or the ferry facility, in English or French,

    • (a) in the case of a domestic ferry, a Security Certificate; or

    • (b) in the case of a domestic ferry facility, a Statement of Compliance.

  • Marginal note:Validity period

    (2) A Security Certificate or a Statement of Compliance issued under subsection (1) is valid while the approved security plan in respect of the domestic ferry or the domestic ferry facility is valid.

Requirements for Domestic Ferries

Marginal note:Documents on board

  •  (1) Subject to subsections (2) to (4), the operator of a domestic ferry shall ensure that the ferry carries on board

    • (a) an approved security plan in respect of the ferry; and

    • (b) either

      • (i) a Security Certificate issued in respect of the ferry, or

      • (ii) if a Security Certificate has not been issued, an Interim Domestic Ferry Security Certificate issued in respect of the ferry.

  • Marginal note:Compliance with the Marine Transportation Security Regulations

    (2) In the case of a domestic ferry to which subsection 12(2) applies, the operator of the ferry shall ensure that the ferry carries on board

    • (a) a certificate referred to in that subsection that was issued in respect of the ferry; and

    • (b) a vessel security plan referred to in paragraph 204(1)(b) of the Marine Transportation Security Regulations that was approved in respect of the ferry.

  • Marginal note:Exemption — Part 1 of Schedule 1

    (3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1.

  • Marginal note:Exemption — Parts 2 to 4 of Schedule 1

    (4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry operating on a route set out in Parts 2 to 4 of Schedule 1.

[21 to 36 reserved]

PART 3Operators

Overview

Marginal note:Operator obligations

 This Part sets out the responsibilities of the operators of domestic ferries and domestic ferry facilities, including specific rules relating to restricted area passes and keys and the replacement of ferries.

Responsibilities

Marginal note:Obligations — Domestic ferry

  •  (1) The operator of a domestic ferry shall

    • (a) establish an administrative and organizational structure for the security of the ferry;

    • (b) provide each of its employees having responsibilities under these Regulations with the technical assistance and the training necessary to fulfil those responsibilities;

    • (c) designate a ferry security officer in writing by name or by position, other than the position for which the designation is being made;

    • (d) provide the ferry security officer with information regarding security threats and with other information relevant to security;

    • (e) ensure that the security assessment in respect of the ferry is carried out and submitted to the Minister for approval;

    • (f) ensure that the security plan in respect of the ferry is developed and submitted to the Minister for approval;

    • (g) ensure that the approved security plan in respect of the ferry is implemented and maintained, and that any amendments to the plan are submitted to the Minister for approval;

    • (h) if the ferry is interfacing with a domestic ferry facility, ensure coordination of the approved security plan in respect of the ferry with the approved security plan in respect of the ferry facility;

    • (i) ensure that the security activities of the ferry are audited;

    • (j) amend as soon as practicable the approved security plan in respect of the ferry to correct any deficiency identified as a result of an audit or in the course of operations;

    • (k) ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (j) until the approved security plan in respect of the ferry is amended;

    • (l) ensure security awareness and vigilance by all personnel on the ferry;

    • (m) ensure that the security orientation referred to in section 59 is provided;

    • (n) ensure that there is effective communication and cooperation during each interface;

    • (o) ensure that there is consistency between the security requirements and the safety requirements;

    • (p) clearly mark restricted areas on the ferry with signs;

    • (q) ensure that the ferry has communication systems, including a backup system, and communication procedures that allow effective communication between the ferry and

      • (i) other vessels, marine facilities, and port administrations,

      • (ii) the Minister, and

      • (iii) local law enforcement agencies; and

    • (r) immediately notify the Minister if the operator ceases to operate a ferry on a route set out in Schedule 1.

  • Marginal note:Obligations — Domestic ferry facility

    (2) The operator of a domestic ferry facility shall

    • (a) establish an administrative and organizational structure for the security of the ferry facility;

    • (b) provide each of its employees having responsibilities under these Regulations with the technical assistance and the training necessary to fulfil their responsibilities;

    • (c) designate a ferry facility security officer in writing by name or by position, other than the position for which the designation is being made;

    • (d) provide the ferry facility security officer with information regarding security threats and with other information relevant to security;

    • (e) ensure that the security assessment in respect of the ferry facility is carried out and submitted to the Minister for approval;

    • (f) ensure that the security plan in respect of the ferry facility is developed and submitted to the Minister for approval;

    • (g) ensure that the approved security plan in respect of the ferry facility is implemented and maintained, and that any amendments to the plan are submitted to the Minister for approval;

    • (h) coordinate with the master of a domestic ferry, 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;

    • (i) ensure that the security activities of the ferry facility are audited;

    • (j) amend as soon as practicable the approved security plan in respect of the ferry facility to correct any deficiency identified as a result of an audit or in the course of operations;

    • (k) ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (j) until the approved security plan in respect of the ferry facility is amended;

    • (l) ensure security awareness and vigilance by all personnel at the ferry facility;

    • (m) ensure that the security orientation referred to in section 59 is provided;

    • (n) ensure that there is effective communication and cooperation during each interface;

    • (o) ensure that there is consistency between the security requirements and the safety requirements;

    • (p) clearly mark restricted areas in the ferry facility with signs;

    • (q) ensure that the ferry facility has communication systems, including a backup system, and communication procedures that allow effective communication between the ferry facility and

      • (i) vessels, other marine facilities, and port administrations,

      • (ii) the Minister, and

      • (iii) local law enforcement agencies;

    • (r) immediately notify the Minister if the operator ceases to operate a ferry facility set out in Schedule 2; and

    • (s) ensure that the ferry facility security officer develops a security plan in respect of the ferry facility in consultation with

      • (i) local law enforcement agencies,

      • (ii) emergency response providers,

      • (iii) employers and labour at the ferry facility, and

      • (iv) the port security officer, if the ferry facility is in a port.

  • Marginal note:Combined designation

    (3) If the operator of a domestic ferry also operates the domestic ferry facilities with which the ferry interfaces, the operator may designate a security officer to act for both the ferry and the ferry facilities if the officer is able to fulfil their responsibilities for each ferry and each ferry facility.

  • Marginal note:Other responsibilities

    (4) A person designated as security officer under paragraphs (1)(c) or (2)(c) may accept other responsibilities or appointments within the operator’s organization provided that the person is able to fulfil their responsibilities as security officer.

Marginal note:Ferry security officer

 The operator of a domestic ferry shall ensure that a ferry security officer is on board each domestic ferry that it operates.

Restricted Area Passes and Keys

General

Marginal note:Responsibility of operator

  •  (1) An operator shall issue a restricted area pass or key for controlling access to restricted areas established by the operator.

  • Marginal note:Conditions for issuance

    (2) An operator may issue a restricted area pass or key only to a person

    • (a) who requires access to a restricted area in the performance of their duties; and

    • (b) who is known to the operator or whose identity has been confirmed by valid government-issued photo identification.

Content of Restricted Area Pass

Marginal note:Required information

 A restricted area pass shall

  • (a) show the name, height and eye colour of the person to whom the pass has been issued, a clear photograph of the person’s head and shoulders, and an expiry date that does not exceed five years after the date of issue; or

  • (b) contain an expiry date or other information to indicate the period during which access is required, and sufficient information to allow the identification of the pass holder.

Use of Restricted Area Pass

Marginal note:Pass to be displayed

  •  (1) The holder of a restricted area pass shall, when entering or remaining in a restricted area, display the pass on their outer clothing and above their waist with their photo visible at all times.

  • Marginal note:No personal use

    (2) The holder of a restricted area pass or key shall not use the restricted area pass or key except in the performance of their duties.

Restricted Area Pass Restrictions

Marginal note:Restrictions

 No person shall

  • (a) provide false information for the purpose of obtaining a restricted area pass or key;

  • (b) loan or give a restricted area pass or key to a person other than the individual to whom it was issued;

  • (c) have or use a restricted area pass or key that was issued to another person;

  • (d) alter or otherwise modify a restricted area pass or key;

  • (e) use a counterfeit restricted area pass or key; or

  • (f) reproduce a restricted area pass or key unless authorized to do so by the operator who issued the pass or key.

Loss or Theft of Restricted Area Pass or Key

Marginal note:Report of theft or loss

  •  (1) The holder of a restricted area pass or key that is lost or stolen shall immediately report its loss or theft to the operator who issued the pass or key.

  • Marginal note:Blocking of lost or stolen key

    (2) The operator shall immediately prevent the use of a restricted area pass or key upon being notified of its loss or theft.

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.

 
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