Marine Transportation Security Regulations

384 (1) Subject to subsection (2), a port administration or an operator of a marine facility may issue a restricted area pass or a key only to a person who requires access to a specific restricted area in the performance of their duties and, in the case of a restricted area two, who ordinarily works at the port or marine facility or who requires access to the restricted area on an occasional basis.

(2) A port administration or an operator of a marine facility may only issue a temporary restricted area pass to a person who

• (a) in the case of a restricted area other than a restricted area two, is waiting for a restricted area pass that has been requested;

• (b) is a holder of a restricted area pass and is in one of the following circumstances:

  • (i) they have forgotten their restricted area pass, or

  • (ii) they have lost their restricted area pass or it was accidentally destroyed and they are waiting for a replacement restricted area pass for which they have made a request; or

• (c) does not ordinarily work at the port or marine facility and who, in the performance of their duties, requires temporary access to a restricted area other than a restricted area two.

(3) Prior to issuing a restricted area pass, the port administration or operator of a marine facility shall confirm the identity of the person in the following manner:

• (a) in the case of a restricted area pass to be issued to a person who holds a security clearance, by valid photo-bearing identification issued by

  • (i) the Government of Canada or the government of any province, territory or municipality in Canada, or

  • (ii) an employer known to the port administration or operator of the marine facility; or

• (b) in the case of a restricted area pass to be issued to any other person, by

  • (i) one of the means of identification referred to in paragraph (a), or

  • (ii) other documentation containing sufficient information to enable identification of the person.

(4) Prior to issuing a restricted area pass for a restricted area two, the port administration or operator of the marine facility shall verify with the Minister that the person has been issued a security clearance as required by section 503.

(5) The port administration or operator of the marine facility shall confirm the period during which access to the restricted area is required by way of documentation that sets out an expiry date or other relevant information.

(6) The port administration or operator of the marine facility shall issue restricted area passes that comply with the requirements of sections 392 and 394, as applicable.