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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 3Operators (continued)

Replacement of Ferries

Marginal note:Notification of replacement

 If the operator of a domestic ferry decides to replace it with another ferry, the operator shall ensure that the following are notified of the replacement:

  • (a) the ferry security officers of both the replacement ferry and the replaced ferry; and

  • (b) the ferry facility security officer of each domestic ferry facility with which the replacement ferry will interface on that route.

[48 to 52 reserved]

PART 4Personnel

Overview

Marginal note:Security responsibilities

 This Part sets out the roles and responsibilities of the personnel involved in the security of domestic ferries and domestic ferry facilities.

Master of a Domestic Ferry

Marginal note:Judgment of master prevails

  •  (1) Nothing in these Regulations permits any person to constrain the master of a domestic ferry from making or executing any decision that, in the professional judgment of the master, is necessary to maintain the safety and security of the ferry, including decisions

    • (a) to deny access to persons other than the following and, where applicable, their goods:

      • (i) the operator of the ferry,

      • (ii) the operator of the domestic ferry facility with which the ferry interfaces,

      • (iii) persons authorized by the Government of Canada to board the ferry,

      • (iv) local law enforcement personnel in the exercise of their functions, and

      • (v) emergency response personnel;

    • (b) to refuse to load cargo, including containers or other closed cargo transport units; and

    • (c) to coordinate with the operator of a domestic ferry facility, 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.

  • Marginal note:Precedence of safety requirements

    (2) If a conflict between any safety and security requirements applicable to a domestic ferry arises during its operations, the master of the ferry shall give precedence to requirements intended to maintain the safety of the ferry and shall, in such a case, use any temporary procedures that the master determines appropriate under the circumstances and that satisfy, to the highest possible degree, the security requirements of the MARSEC level in effect.

  • Marginal note:Temporary procedures

    (3) If the master of a domestic ferry uses temporary procedures, the master shall inform the Minister as soon as practicable.

  • Marginal note:Master to provide support

    (4) The master of a domestic ferry shall provide the ferry security officer with the support necessary to carry out their duties on board the ferry.

Ferry Security Officer and Ferry Facility Security Officer

General

Marginal note:Delegation of tasks

  •  (1) A ferry security officer and a ferry facility security officer may delegate tasks required by these Regulations, but they remain responsible for the performance of those tasks.

  • Marginal note:Ferry security officer

    (2) The ferry security officer of a domestic ferry must be the master of the ferry or a member of its crew.

  • Marginal note:More than one ferry facility

    (3) A ferry facility security officer may act in that capacity for more than one domestic ferry facility if they are able to fulfil their responsibilities for each ferry facility.

Qualifications

Marginal note:Ferry security officer

  •  (1) A ferry security officer shall have, by training or job experience, knowledge and competence relevant to the ferry industry, including in the following areas:

    • (a) the administrative and organizational structure for the security of the domestic ferry and of the ferry facilities with which the ferry interfaces;

    • (b) the operations and operating conditions of ferries, ferry facilities and, if applicable, port administrations;

    • (c) the relevant security procedures of ferries, ferry facilities and, if applicable, port administrations, including the meaning and the requirements of the different MARSEC levels;

    • (d) emergency preparedness and response, and contingency planning;

    • (e) security equipment and systems, and their operational limitations;

    • (f) methods of conducting audits and inspections;

    • (g) techniques for controlling and monitoring access;

    • (h) methods of conducting ferry security assessments;

    • (i) methods of conducting physical searches and non-intrusive inspections;

    • (j) the conduct and assessment of security drills and exercises for ferries and ferry facilities;

    • (k) techniques for security training and education;

    • (l) relevant Acts and regulations, and relevant security measures, rules and procedures;

    • (m) the responsibilities and functions of local law enforcement agencies;

    • (n) methods of handling security-sensitive information and security-related communications;

    • (o) current security threats and patterns;

    • (p) the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;

    • (q) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

    • (r) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

    • (s) the layout of the ferry;

    • (t) the approved security plan in respect of the ferry and the plan’s requirements;

    • (u) crowd management and control techniques; and

    • (v) the relevant procedures for the operation, testing, calibration and maintenance of security equipment and systems.

  • Marginal note:Ferry facility security officer

    (2) A ferry facility security officer shall have, by training or job experience, knowledge and competence relevant to the ferry industry, including in the following areas:

    • (a) the administrative and organizational structure for the security of the domestic ferry facility and of the domestic ferries with which the ferry facility interfaces;

    • (b) the operations and operating conditions of ferry facilities, ferries and, if applicable, port administrations;

    • (c) the relevant security procedures of ferry facilities, ferries and, if applicable, port administrations, including the meaning and the requirements of the different MARSEC levels;

    • (d) emergency preparedness and response, and contingency planning;

    • (e) security equipment and systems, and their operational limitations;

    • (f) methods of conducting audits and inspections;

    • (g) techniques for controlling and monitoring access;

    • (h) methods of conducting ferry facility security assessments;

    • (i) methods of conducting physical searches and non-intrusive inspections;

    • (j) the conduct and assessment of security drills and exercises for ferry facilities and ferries;

    • (k) techniques for security training and education;

    • (l) relevant Acts and regulations, and relevant security measures, rules and procedures;

    • (m) the responsibilities and functions of local law enforcement agencies;

    • (n) methods of handling security-sensitive information and security-related communications;

    • (o) current security threats and patterns;

    • (p) the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;

    • (q) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

    • (r) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

    • (s) the layout of the ferry facility;

    • (t) the approved security plan in respect of the ferry facility and the plan’s requirements;

    • (u) crowd management and control techniques; and

    • (v) the relevant procedures for the operation, testing, calibration and maintenance of security equipment and systems.

Responsibilities

Marginal note:Ferry security officer

  •  (1) A ferry security officer shall

    • (a) provide the required information to the persons conducting the security assessment in respect of the domestic ferry;

    • (b) implement the approved security plan in respect of the ferry, as amended from time to time, in coordination with its operator, the ferry facility security officer and, if applicable, the port security officer;

    • (c) conduct inspections of the ferry to ensure compliance with the requirements of these Regulations;

    • (d) as soon as practicable after a deficiency in the approved security plan in respect of the ferry is identified, report it to its operator and implement the action necessary to correct the deficiency until the plan is amended;

    • (e) ensure security awareness and vigilance by all personnel on the ferry, including awareness of changes in the MARSEC level and of other circumstances that might affect work conditions;

    • (f) ensure that appropriate security training or orientation is provided to the ferry’s personnel in accordance with these Regulations;

    • (g) report security threats and security incidents to the master, to its operator, to local law enforcement agencies and to the Minister as soon as possible after they occur;

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

    • (i) ensure that there is effective communication and cooperation between the ferry and the ferry facilities with which it interfaces;

    • (j) ensure that security equipment is operated, tested, calibrated and maintained;

    • (k) keep readily accessible a copy of the approved security assessment and the approved security plan in respect of the ferry; and

    • (l) conduct security drills and exercises.

  • Marginal note:Ferry facility security officer

    (2) A ferry facility security officer shall

    • (a) provide the required information to the persons conducting the security assessment in respect of the domestic ferry facility;

    • (b) implement the approved security plan in respect of the ferry facility, as amended from time to time, in coordination with its operator, the ferry security officer and, if applicable, the port security officer;

    • (c) conduct inspections of the ferry facility to ensure compliance with the requirements of these Regulations;

    • (d) as soon as practicable after a deficiency in the approved security plan in respect of the ferry facility is identified, report it to the operator and implement the action necessary to correct the deficiency until the plan is amended;

    • (e) ensure security awareness and vigilance by all personnel at the ferry facility, including awareness of changes in the MARSEC level and of other circumstances that might affect work conditions;

    • (f) ensure that appropriate security training or orientation is provided to the ferry facility personnel in accordance with these Regulations;

    • (g) report security threats and security incidents to the operator of the ferry facility, to local law enforcement agencies, to the Minister and, if applicable, to the port administration as soon as possible after they occur;

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

    • (i) ensure that there is effective communication and cooperation between the ferry facility and any domestic ferry with which it interfaces;

    • (j) ensure that security equipment is operated, tested, calibrated and maintained;

    • (k) keep readily accessible a copy of the approved security assessment and the approved security plan in respect of the ferry facility; and

    • (l) conduct security drills and exercises.

Personnel with Security Responsibilities

Marginal note:Qualifications of personnel

 Domestic ferry personnel and domestic ferry facility personnel with security responsibilities, other than the ferry security officer or the ferry facility security officer, shall have, by training or equivalent job experience, knowledge and competence relevant to the ferry industry in any of the following areas that relate to their responsibilities:

  • (a) current security threats and patterns;

  • (b) the recognition and detection of weapons, explosives, incendiaries, and other dangerous substances and devices;

  • (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

  • (d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

  • (e) crowd management and control techniques;

  • (f) security-related communications;

  • (g) emergency preparedness and response, and contingency planning;

  • (h) the operation, testing, calibration and maintenance of security equipment and systems;

  • (i) inspection and monitoring techniques;

  • (j) methods of conducting physical searches of persons and goods, including personal effects, baggage, ships’ stores and cargo;

  • (k) the relevant provisions of the approved security plan in respect of the domestic ferry or in respect of the domestic ferry facility, as the case may be; and

  • (l) the meaning and the requirements of the different MARSEC levels.

Personnel without Security Responsibilities

Marginal note:Required security orientation

 The operator shall provide, to all personnel without security responsibilities and to all contractors, security orientation with respect to

  • (a) the relevant provisions of the approved security plan in respect of the domestic ferry or the domestic ferry facility, as the case may be; and

  • (b) the relevant requirements of the different MARSEC levels, including emergency procedures and contingency plans.

[60 to 64 reserved]

PART 5Security Assessment and Security Plan

Overview

Marginal note:Framework for security assessments and security plans

 This Part provides a framework

  • (a) for conducting security assessments in order to put in place plans and procedures for responding to changes in the security environment;

  • (b) for ensuring that adequate and proportionate security procedures are established and implemented to prevent, address or respond to security threats, security breaches and security incidents; and

  • (c) for auditing and amending security plans.

Security Assessment

Requirements for Persons Providing Security Assessment Information

Marginal note:Necessary skills

  •  (1) The persons conducting or providing information for a security assessment in respect of a domestic ferry or a domestic ferry facility shall have the skills necessary to evaluate the security of the ferry or the ferry facility, as the case may be, including knowledge in the following areas:

    • (a) current security threats and patterns;

    • (b) the detection and recognition of weapons, explosives, incendiaries, and other dangerous substances and devices;

    • (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

    • (d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

    • (e) methods used to cause a security incident;

    • (f) the effects of dangerous substances and devices on vessels and their equipment, structures and essential services;

    • (g) the security requirements of the ferry or the ferry facility;

    • (h) interface practices;

    • (i) emergency preparedness and response, and contingency planning;

    • (j) physical security requirements;

    • (k) radio and telecommunications systems, including computer systems and networks;

    • (l) in the case of the security assessment of a ferry, marine engineering, and in the case of the security assessment of a ferry facility, marine or civil engineering;

    • (m) other elements that might, if damaged or used illicitly, pose a risk to people, property or operations; and

    • (n) ferry and ferry facility operations.

  • Marginal note:Expert assistance

    (2) The persons referred to in subsection (1) may draw upon external expert assistance in relation to the areas listed in that subsection.

 
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