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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 5Security Assessment and Security Plan (continued)

Security Procedures for Access Control (continued)

MARSEC Level 2

Marginal note:Domestic ferry

  •  (1) In the case of a domestic ferry, additional security procedures for access control at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

    • (a) increasing the frequency and detail of the security procedures set out in subsection 76(1); and

    • (b) increasing the frequency of the security sweeps referred to in paragraph 75(2)(b).

  • Marginal note:Domestic ferry facility

    (2) In the case of a domestic ferry facility, additional security procedures for access control at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

    • (a) increasing the frequency and detail of the security procedures set out in subsection 76(2);

    • (b) assigning additional personnel to guard access points and to patrol the perimeter of the ferry facility to deter unauthorized access;

    • (c) limiting the number of access points to the ferry facility by closing and securing some access points and providing physical barriers to impede movement through the remaining access points; and

    • (d) coordinating the deterrence of waterside access to the domestic ferry in liaison with the ferry facility or a port administration.

MARSEC Level 3

Marginal note:Domestic ferry

  •  (1) In the case of a domestic ferry, additional security procedures for access control at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

    • (a) increasing the frequency of MARSEC level 2 security procedures;

    • (b) preparing for a full or partial search of the ferry;

    • (c) cooperating with emergency response personnel, other vessels and marine facilities;

    • (d) limiting access to the ferry to a single, controlled access point;

    • (e) granting access only to emergency response personnel responding to a security incident or security threat;

    • (f) suspending embarkation or disembarkation activities;

    • (g) suspending cargo operations, if any;

    • (h) moving the ferry; and

    • (i) evacuating the ferry.

  • Marginal note:Domestic ferry facility

    (2) In the case of a domestic ferry facility, additional security procedures for access control at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

    • (a) preparing for a full or partial search of the ferry facility;

    • (b) cooperating with emergency response personnel, vessels and other marine facilities;

    • (c) granting access only to emergency response personnel responding to a security incident or security threat;

    • (d) suspending access to the ferry facility;

    • (e) suspending cargo operations, if any;

    • (f) restricting pedestrian or vehicular movement on the grounds of the ferry facility;

    • (g) increasing monitoring at the ferry facility; and

    • (h) evacuating the ferry facility.

Restricted Areas

General

Marginal note:Designation

  •  (1) Restricted areas on a domestic ferry and at a domestic ferry facility shall be designated for all MARSEC levels in their respective security plans, as appropriate to their operations, in order to

    • (a) prevent or deter unauthorized access;

    • (b) protect the ferry or the ferry facility, including security areas, security and surveillance equipment and systems, and persons authorized to be on the ferry or at the ferry facility; and

    • (c) protect cargo, if any, ships’ stores and bunkers from tampering.

  • Marginal note:Signs

    (2) The operator shall post, at each restricted area access point and on each security barrier, signs that identify each restricted area and state that entry is restricted to authorized persons.

Establishment of Restricted Areas

Marginal note:Security plan in respect of the domestic ferry

  •  (1) In a security plan in respect of a domestic ferry, the following shall be established as restricted areas:

    • (a) the navigation bridge, machinery spaces, and other control stations;

    • (b) spaces containing the central controls for security and surveillance equipment and systems, and for the lighting system;

    • (c) spaces containing ventilation and air-conditioning systems, and other similar spaces;

    • (d) access points for potable water tanks, pumps and manifolds;

    • (e) spaces containing dangerous goods or hazardous substances;

    • (f) spaces containing cargo pumps and their controls;

    • (g) cargo spaces, if any, and spaces containing ships’ stores;

    • (h) crew accommodations, if any; and

    • (i) any other spaces or areas vital to the security of the ferry.

  • Marginal note:Domestic ferry facility security plan

    (2) In a security plan in respect of a domestic ferry facility, the following shall be established as restricted areas:

    • (a) areas on land where ferries interface with the ferry facility, including passenger areas, if any;

    • (b) areas in which security-sensitive information is kept, including cargo documentation, if any;

    • (c) areas containing the central controls for security and surveillance equipment and systems, and for the central lighting system;

    • (d) areas containing the ferry facility’s critical infrastructure, including

      • (i) water supplies,

      • (ii) telecommunications,

      • (iii) electrical systems, and

      • (iv) access points for ventilation and air-conditioning systems;

    • (e) areas in the ferry facility where it is reasonable to restrict access to vehicles and persons; and

    • (f) areas designated for the loading, unloading or storage of cargo, if any, and ships’ stores.

Restricted Area Access

Marginal note:Conditions for entering and remaining

  •  (1) Subject to subsection (4), no person shall enter or remain in a restricted area unless they are

    • (a) the holder of a restricted area pass;

    • (b) a person being escorted by the holder of a restricted area pass;

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

    • (d) a federal, provincial or municipal government employee who requires access to the area in the performance of their duties; or

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

  • Marginal note:Holder of restricted area pass

    (2) The holder of a restricted area pass who escorts another person in a restricted area in accordance with paragraph (1)(b) shall remain with the person or ensure that another holder of a restricted area pass acts as the escort.

  • Marginal note:Person escorted

    (3) A person being escorted in a restricted area in accordance with paragraph (1)(b) shall remain with the escort while in the restricted area.

  • Marginal note:Passenger exception

    (4) A passenger may enter and remain in a restricted area identified by the operator as a passenger area if the passenger is in possession of a valid ticket.

Marginal note:Restriction on access

 No person shall provide another person with access to a restricted area or assistance in entering a restricted area unless the person accessing the restricted area is authorized to do so under section81.

Restricted Area Procedures

Marginal note:Access rules

 The security plan in respect of a domestic ferry and the security plan in respect of a domestic ferry facility shall contain security procedures for restricted areas, as appropriate to the operations of the ferry or the ferry facility, in order to

  • (a) identify persons authorized to have access to those areas;

  • (b) determine the conditions under which a person being escorted in accordance with paragraph 81(1)(b) is authorized to have access to those areas;

  • (c) define the extent of any restricted area;

  • (d) establish the times when access restrictions apply; and

  • (e) clearly mark restricted areas.

MARSEC Level 1

Marginal note:Domestic ferry

  •  (1) In the case of a domestic ferry, security procedures for restricted areas at MARSEC level 1 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

    • (a) locking or securing access points;

    • (b) monitoring and using surveillance equipment;

    • (c) using security guards or patrols; and

    • (d) using automatic intrusion detection devices to alert ferry personnel to unauthorized access.

  • Marginal note:Domestic ferry facility

    (2) In the case of a domestic ferry facility, security procedures for restricted areas at MARSEC level 1 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

    • (a) limiting access to authorized personnel;

    • (b) securing all access points not actively used and providing physical barriers to impede movement through the remaining access points;

    • (c) controlling access to restricted areas;

    • (d) checking the identification and authorization of persons and vehicles seeking access;

    • (e) patrolling or monitoring the perimeter of restricted areas;

    • (f) using security personnel, automatic intrusion detection devices, surveillance equipment or surveillance systems to detect any unauthorized access into or movement in restricted areas;

    • (g) directing the parking, loading and unloading of vehicles in restricted areas;

    • (h) controlling the movement and storage of cargo, if any, ships’ stores, and bunkers; and

    • (i) designating restricted areas for performing inspections of cargo, if any, and ships’ stores that are awaiting loading.

  • Marginal note:Temporary restricted area

    (3) The security plan in respect of a domestic ferry facility shall include a requirement that, if a temporary restricted area is designated, a security sweep of it shall be conducted both before and after it is designated.

MARSEC Level 2

Marginal note:Domestic ferry

  •  (1) In the case of a domestic ferry, additional security procedures for restricted areas at MARSEC level 2 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

    • (a) increasing the frequency and intensity of monitoring and access control in restricted areas;

    • (b) establishing restricted areas adjacent to access points;

    • (c) continuously monitoring each area using surveillance equipment; and

    • (d) the assignment of additional personnel to guard or patrol each area.

  • Marginal note:Domestic ferry facility

    (2) In the case of a domestic ferry facility, additional security procedures for restricted areas at MARSEC level 2 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

    • (a) increasing the frequency and intensity of monitoring and access control in restricted areas;

    • (b) enhancing the effectiveness of the physical barriers surrounding restricted areas by the use of patrols or automatic intrusion detection devices;

    • (c) reducing the number of access points for restricted areas and enhancing the controls applied at the remaining access points;

    • (d) restricting the parking of vehicles adjacent to ferries;

    • (e) reducing access to restricted areas, and movements and storage in those areas;

    • (f) using surveillance equipment that records and monitors continuously;

    • (g) increasing the number and frequency of security patrols, including the use of waterborne patrols; and

    • (h) establishing areas adjacent to restricted areas and restricting access to those areas.

MARSEC Level 3

Marginal note:Domestic ferry

  •  (1) In the case of a domestic ferry, additional security procedures for restricted areas at MARSEC level 3 shall be established in the security plan in respect of the ferry, as appropriate to its operations, including

    • (a) establishing of additional restricted areas on the ferry in proximity to the location of a security incident or the presumed location of a security threat; and

    • (b) searching restricted areas as part of a security sweep of the ferry.

  • Marginal note:Domestic ferry facility

    (2) In the case of a domestic ferry facility, additional security procedures for restricted areas at MARSEC level 3 shall be established in the security plan in respect of the ferry facility, as appropriate to its operations, including

    • (a) designating additional restricted areas;

    • (b) prohibiting access to restricted areas; and

    • (c) searching restricted areas as part of a security sweep of all or part of the ferry facility.

Security Procedures for Handling Cargo

General

Marginal note:Objectives

  •  (1) If a domestic ferry or a domestic ferry facility handles cargo, security procedures in relation to cargo handling shall be established in their respective security plans for all MARSEC levels, as appropriate to their operations, in order to

    • (a) deter and detect tampering;

    • (b) prevent cargo that is not meant for carriage from being accepted and stored on the ferry or in the ferry facility;

    • (c) identify cargo that is approved for loading onto the ferry;

    • (d) control inventory at points of access to the ferry; and

    • (e) inspect cargo for dangerous substances and devices, by one or more of the following means:

      • (i) visual examination,

      • (ii) physical examination,

      • (iii) the use of detection devices such as scanners,

      • (iv) the use of canines.

  • Marginal note:Domestic ferry facility

    (2) In addition to the requirements in subsection (1), cargo handling procedures shall be established in the security plan in respect of a domestic ferry facility, as appropriate to its operations, in order to

    • (a) identify cargo that is accepted for temporary storage in a restricted area while awaiting loading or pickup;

    • (b) release cargo only to the carrier specified in the cargo documentation;

    • (c) coordinate with shippers and other persons responsible for cargo;

    • (d) create, update and maintain a continuous inventory of certain dangerous cargoes, from their receipt to their delivery in the ferry facility, that sets out the locations in which they are stored; and

    • (e) check the documentation of cargo entering the ferry facility.

  • Marginal note:Arrangements with shippers

    (3) The ferry security officer or the ferry facility security officer may, with the agreement of the operator and, if applicable, the port security officer, make arrangements with shippers or other persons responsible for cargo in relation to off-site inspection, sealing, scheduling, supporting documentation, and similar matters. The ferry security officer or the ferry facility security officer shall inform the operator and, if applicable, the port security officer, of any arrangement.

 
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