Domestic Ferries Security Regulations (SOR/2009-321)

Marginal note:Judgment of master prevails

• 54 (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.