Marine Transportation Security Regulations (SOR/2004-144)

Interpretation

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Marine Transportation Security Act. (Loi)

  approved training course

  approved training course means a course that has been approved under section 803 and that is given by a recognized institution. (cours de formation approuvé)

  breach of security

  breach of security[Repealed, SOR/2014-162, s. 2]

  CDC facility

  CDC facility means a marine facility where any of the following operations are carried out:

  • (a) the manufacture or storage of certain dangerous cargoes intended to be transferred to a vessel to which Part 2 applies;

  • (b) the storage of certain dangerous cargoes transferred from a vessel to which Part 2 applies; or

  • (c) the transfer of certain dangerous cargoes to or from a vessel to which Part 2 applies. (installation CCD)

  CDC residue

  CDC residue means

  • (a) in respect of CDCs having the UN number UN1942, UN2067, UN2426 or UN3375 that are carried in a large means of containment and are intended for sale, residue that remains on board a vessel after the CDCs are unloaded, that does not exceed 450 kg in total quantity, and each of whose accumulations has a volume that does not exceed 0.05 m³; or

  • (b) in respect of liquids and liquefied gases that are carried in a large means of containment, residue that remains in the cargo unloading system after the liquids and liquefied gases are unloaded and that is not accessible using normal transfer procedures, with the exception of the residue of liquefied gases having the UN number UN1005, UN1017, UN1035, UN1040, UN1062, UN1079, UN1086 or UN1971. (résidu de CCD)

  certain dangerous cargoes

  certain dangerous cargoes[Repealed, SOR/2014-162, s. 2]

  certain dangerous cargoes

  certain dangerous cargoesorCDCs  means the dangerous goods that are set out in Schedule 4 and that are listed in Schedule 1 to the Transportation of Dangerous Goods Regulations or in Part 3 of the IMDG Code. (certaines cargaisons dangereusesouCCD)

  container

  container means a structure for transporting commodities on trucks, railcars or vessels that meets the requirements set out in the Safe Containers Convention Act. (conteneur)

  container terminal

  container terminal means any marine facility that accepts containers for transport. (terminal pour conteneurs)

  contracting government

  contracting government means the government of a state that is a signatory to SOLAS. (gouvernement contractant)

  cruise ship

  cruise ship means a vessel to which Part 2 applies and that has sleeping facilities for over 100 persons who are not crew members, but does not include a ferry. (navire de croisière)

  cruise ship terminal

  cruise ship terminal means a marine facility that interfaces with cruise ships. (terminal pour navires de croisière)

  dangerous goods

  dangerous goods means dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

  declaration of security

  declaration of security means an agreement between a vessel and a marine facility or another vessel that is required by section 228 or 315. (déclaration de sûreté)

  ferry

  ferry means a vessel that is used exclusively for the carriage of passengers, vehicles, or passengers in vehicles and that operates on a fixed schedule between two or more points. (traversier)

  ferry facility

  ferry facility means a marine facility that interfaces with ferries to which Part 2 applies. (installation pour traversiers)

  fishing vessel

  fishing vessel has the meaning assigned by subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche)

  government vessel

  government vessel means a vessel, other than one operated for a commercial purpose,

  • (a) that is owned by and is in the service of Her Majesty in right of Canada or that is in the exclusive possession of Her Majesty in that right; or

  • (b) that is owned by and is in the service of a foreign government or that is in the exclusive possession of a foreign government. (bâtiment d’État)

  IMDG Code

  IMDG Code means the International Maritime Dangerous Goods Code, published by the International Maritime Organization, as amended from time to time. (Code IMDG)

  interface

  interface means the interaction that occurs between a vessel and a marine facility, or between a vessel and another vessel, throughout the time that the vessel is alongside the marine facility or throughout the vessel-to-vessel activity, and includes the activities affected by the movement of persons and their goods, by the movement of cargo or by the provision of services to and from the vessel. (interface)

  international voyage

  international voyage means a voyage

  • (a) undertaken between a marine facility in Canada and a place outside Canada, or between places outside Canada, by a vessel that is entitled to fly the Canadian flag; or

  • (b) undertaken in Canadian waters by a vessel that is entitled to fly the flag of a foreign state. (voyage international)

  ISPS Code

  ISPS Code means the International Ship and Port Facility Security Code, as incorporated into SOLAS. (Code ISPS)

  key

  key means a device, including a card, that is designed to allow entry to a restricted area and is issued to an individual by an operator of a marine facility or vessel or port administration. (clé)

  large means of containment

  large means of containment has the meaning assigned by section 1.4 of the Transportation of Dangerous Goods Regulations. (grand contenant)

  marine security document

  marine security document means any certificate, document or letter issued by the Minister under these Regulations. (document de sûreté maritime)

  MARSEC level

  MARSEC level means the level of security requirements that is set by the Minister to reflect the threat environment for vessels, marine facilities and ports. (niveau MARSEC)

  MARSEC level 1

  MARSEC level 1 means the level for which minimum security requirements are required to be implemented in accordance with the approved security plan or approved security procedures. (niveau MARSEC 1)

  MARSEC level 2

  MARSEC level 2 means the level for which additional security requirements are required to be implemented as a result of heightened risk in accordance with the approved security plan or approved security procedures. (niveau MARSEC 2)

  MARSEC level 3

  MARSEC level 3 means the level for which additional security requirements are required to be implemented as a result of a security threat that is probable or imminent, whether or not the specific target is identified, in accordance with the approved security plan or approved security procedures. (niveau MARSEC 3)

  non-SOLAS ship

  non-SOLAS ship means a vessel that is not a SOLAS ship, that is engaged on an international voyage, and that

  • (a) is more than 100 gross tonnage but is not a towing vessel;

  • (b) is carrying more than 12 passengers; or

  • (c) is a towing vessel engaged in towing astern or alongside, or pushing ahead, a barge that is carrying certain dangerous cargoes. (navire non ressortissant à SOLAS)

  occasional-use marine facility

  occasional-use marine facility means a marine facility that, in a calendar year, has 10 or fewer interfaces with vessels to which Part 2 applies. (installation maritime à usage occasionnel)

  operator

  operator means, in respect of a vessel,

  • (a) the actual owner, if the vessel is not registered, or the registered owner, if the vessel is registered;

  • (b) a person having a beneficial interest in the vessel, including an interest arising under contract and any other equitable interest, other than an interest by way of a mortgage;

  • (c) a lessee or charterer of the vessel who is responsible for its navigation; or

  • (d) if the vessel is a barge referred to in paragraph (c) of the definition non-SOLAS ship, the master or any other person who has command or charge of the vessel that is towing or pushing the barge. (exploitant)

  passenger

  passenger has the meaning assigned by section 2 of the Canada Shipping Act, 2001. (passager)

  passenger facility

  passenger facility means a marine facility that interfaces with passenger vessels to which Part 2 applies. (installation pour passagers)

  pleasure craft

  pleasure craft has the meaning assigned by section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance)

  port

  port means

  • (a) a port as defined in section 5 of the Canada Marine Act;

  • (b) a public port designated under regulations made under section 65 of the Canada Marine Act in which a marine facility that interfaces with a vessel to which Part 2 applies is situated; or

  • (c) a group of marine facilities, in close proximity to each other, whose operators agree with each other to be subject to sections 362 to 375. (port)

  port administration

  port administration means

  • (a) the operator of a marine facility that is a port authority incorporated under section 8 of the Canada Marine Act;

  • (b) an employee of the Department of Transport who is designated by the Minister as the security officer for a port as defined in paragraph (c) of the definition port; or

  • (c) in the absence of a port administration described in paragraph (a) or (b), the operator of a marine facility who is identified in an agreement referred to in paragraph (c) of the definition port to act as the port administration of the port. (organisme portuaire)

  recognized institution

  recognized institution means a training institution that is designated as a recognized institution by the Minister under section 803.1 and that administers, in accordance with the requirements and established practices of the domestic and international marine industry, approved training courses for the purpose of providing the training necessary to obtain a certificate of proficiency issued under Part 8. (établissement reconnu)

  restricted area pass

  restricted area pass means a document issued by an operator of a marine facility or vessel or port administration that entitles the holder, during a specified period, to have access to specific restricted areas in vessels, marine facilities or ports. (laissez-passer de zone réglementée)

  security breach

  security breach means a violation of these Regulations, of a security measure formulated under subsection 7(1) of the Act, of a security rule formulated under subsection 10(2) or (3) of the Act, or of a security procedure set out in an approved security plan or approved under subsection 360(1), that does not result in a security incident. (infraction à la sûreté)

  security clearance

  security clearance[Repealed, SOR/2014-162, s. 2]

  security incident

  security incident means an event during which the security of a vessel, marine facility or port is compromised. (incident de sûreté)

  security threat

  security threat means any suspicious act or circumstance that could compromise the security of a vessel, marine facility, port or interface. (menace contre la sûreté)

  SOLAS

  SOLAS means the International Convention for the Safety of Life at Sea, 1974, as amended from time to time. (SOLAS)

  SOLAS ship

  SOLAS ship means a vessel that

  • (a) is 500 gross tonnage or more or is carrying more than 12 passengers; and

  • (b) is engaged on an international voyage other than a voyage solely on the Great Lakes and the St. Lawrence River as far seaward as a straight line drawn from Cap-des-Rosiers to West Point, Anticosti Island, and from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W. (navire ressortissant à SOLAS)

  STCW Code

  STCW Code means the Seafarers’ Training, Certification and Watchkeeping Code, published by the International Maritime Organization, as amended from time to time. (Code STCW)

  STCW Convention

  STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, published by the International Maritime Organization, as amended from time to time. (Convention STCW)

  towing vessel

  towing vessel means a vessel that tows another vessel astern or alongside or that pushes another vessel ahead. (bâtiment remorqueur)

  transportation security clearance

  transportation security clearance means a security clearance granted by the Minister under section 509. (habilitation de sécurité en matière de transport)

  vessel personnel without security responsibilities

  vessel personnel without security responsibilities means crew members, other than the vessel security officer or the company security officer, who do not have security responsibilities under the vessel’s security plan. (personnel du bâtiment n’ayant pas des responsabilités en matière de sûreté)

  vessel personnel with security responsibilities

  vessel personnel with security responsibilities means crew members, other than the vessel security officer or the company security officer, who have security responsibilities under the vessel’s security plan. (personnel du bâtiment ayant des responsabilités en matière de sûreté)

• (2) For the purpose of interpreting the ISPS Code, company shall be read to mean operator.

• (3) For the purposes of the definition international voyage in subsection (1), a vessel that is entitled to fly the Canadian flag

  • (a) begins its international voyage at the beginning of its last interface with a marine facility in Canada before it engages on the voyage; and

  • (b) ends its international voyage at the end of its first interface with a marine facility in Canada when it returns from the voyage.

• (4) For the purposes of the definition certain dangerous cargoesorCDCs in subsection (1), a reference to a UN number in Schedule 4 is a reference to the goods that are listed in Schedule 1 to the Transportation of Dangerous Goods Regulations or in Part 3 of the IMDG Code.