GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Domestic Ferries Security Regulations — 3
Domestic ferries and domestic ferry facilities 3 (1) These Regulations apply to domestic ferries and domestic ferry facilities. Exception (2) For greater certainty, these Regulations do not apply to ferries that are dismantled or laid-up at a domestic ferry facility.
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General matters 4 This Part sets out general matters that apply to the entire Regulations.
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Obligations of operators 5 The operator of a domestic ferry and the operator of a domestic ferry facility shall ensure that the requirements of these Regulations are met.
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MARSEC level 1 6 The operator of a domestic ferry and the operator of a domestic ferry facility shall maintain MARSEC level 1 at all times unless a higher MARSEC level is required by a security measure formulated by the Minister under section 7 of the Act.
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Security equipment and systems 7 No person shall tamper with, damage or disrupt the normal operation of any security equipment or system to which these Regulations apply.
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Requirements relating to security documentation 11 This Part sets out the security documentation that must be obtained from the Minister and the manner in which it must be obtained. It also sets out the security documentation that must be carried on board domestic ferries.
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Domestic ferry 12 (1) Subject to subsections (2) to (4), no person shall operate a domestic ferry without (a) an Interim Domestic Ferry Security Certificate in respect of the ferry issued under subsection 18 (1) within the preceding 90 days; or (b) a Security Certificate in respect of the ferry issued under paragraph 19 (1)(a). Deemed compliance (2) The operator of a domestic ferry is deemed to comply with the requirements of subsection (1) if any of the following documents have been issued in respect of the ferry: (a) a valid International Ship Security Certificate or a valid interim International Ship Security Certificate that is issued under subsection 202(1) or (3) of the Marine Transportation Security Regulations ; (b) a valid Canadian Vessel Security Certificate issued by the Minister under subsection 202(2) of the Marine Transportation Security Regulations ; or (c) a valid interim Canadian Vessel Security Certificate issued by the Minister under subsection 202(3) of the Marine Transportation Security Regulations . Exemption — Part 1 of Schedule 1 (3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1. Exemption — Parts 2 to 4 of Schedule 1 (4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry operating on a route set out in Parts 2 to 4 of Schedule 1.
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Domestic ferry facility 13 (1) Subject to subsections (2) to (4), no person shall operate a domestic ferry facility without a Statement of Compliance in respect of the ferry facility issued under paragraph 19 (1)(b). Deemed compliance (2) The operator of a domestic ferry facility is deemed to comply with the requirements of subsection (1) if the Minister has issued a letter of approval in respect of the ferry facility under subsection 352(1) of the Marine Transportation Security Regulations . Exemption — Part 1 of Schedule 2 (3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry facility set out in Part 1 of Schedule 2. Exemption — Parts 2 to 4 of Schedule 2 (4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry facility set out in Parts 2 to 4 of Schedule 2. SOR/2014-162, s. 103
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Domestic ferry 14 (1) The procedure for the issuance of security documentation in respect of a domestic ferry is the following: (a) the operator of the ferry submits to the Minister a security assessment report in respect of the ferry in accordance with subsection 15 (1); (b) the Minister issues to the operator of the ferry a Security Assessment Letter of Approval in respect of the ferry in accordance with subsection 16 (1); (c) the operator of the ferry submits to the Minister a security plan in respect of the ferry in accordance with subsection 17 (1); (d) the Minister issues to the operator of the ferry an Interim Domestic Ferry Security Certificate in respect of the ferry in accordance with subsection 18 (1); and (e) the Minister issues to the operator of the ferry a Security Certificate in respect of the ferry in accordance with paragraph 19 (1)(a). Domestic ferry facility (2) The procedure for the issuance of security documentation in respect of a domestic ferry facility is the following: (a) the operator of the ferry facility submits to the Minister a security assessment report in respect of the ferry facility in accordance with subsection 15 (2); (b) the Minister issues to the operator of the ferry facility a Security Assessment Letter of Approval in respect of the ferry facility in accordance with subsection 16 (2); (c) the operator of the ferry facility submits to the Minister a security plan in respect of the ferry facility in accordance with subsection 17 (2); and (d) the Minister issues to the operator of the ferry facility a Statement of Compliance in respect of the ferry facility in accordance with paragraph 19 (1)(b).
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Domestic ferry 15 (1) In order to obtain a Security Certificate in respect of a domestic ferry, the operator of the ferry shall submit to the Minister for approval a security assessment report in respect of the ferry that contains the elements set out in section 70 . Domestic ferry facility (2) In order to obtain a Statement of Compliance in respect of a domestic ferry facility, the operator of the ferry facility shall submit to the Minister for approval a security assessment report in respect of the ferry facility that contains the elements set out in section 70 . Documents signed in ink (3) The documents submitted to the Minister under subsections (1) and (2) shall be signed in ink by the operator.
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Domestic ferry 16 (1) The Minister shall approve a security assessment report in respect of a domestic ferry and issue to the operator of the ferry a Security Assessment Letter of Approval in respect of the ferry if the Minister is satisfied that the security assessment submitted by the operator meets the requirements of sections 66 to 70 . Domestic ferry facility (2) The Minister shall approve a security assessment report in respect of a domestic ferry facility and issue to the operator of the ferry facility a Security Assessment Letter of Approval in respect of the ferry facility if the Minister is satisfied that the security assessment submitted by the operator meets the requirements of sections 66 to 70 .
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Domestic ferry 17 (1) After receiving a Security Assessment Letter of Approval in respect of a domestic ferry, the operator of the ferry shall submit to the Minister for approval a security plan that (a) addresses the analysis and recommendations set out in the approved security assessment; and (b) meets the requirements of sections 71 to 73 . Domestic ferry facility (2) After receiving a Security Assessment Letter of Approval in respect of a domestic ferry facility, the operator of the ferry facility shall submit to the Minister for approval a security plan that (a) addresses the analysis and recommendations set out in the approved security assessment; and (b) meets the requirements of sections 71 , 72 and 74 . Documents signed in ink (3) The documents submitted to the Minister under subsections (1) and (2) shall be signed in ink by the operator.
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Domestic ferry 18 (1) The Minister shall approve a security plan in respect of a domestic ferry and issue to the operator of the ferry an Interim Domestic Ferry Security Certificate in respect of the ferry if the Minister is satisfied that the security plan submitted by the operator (a) meets the requirements of sections 71 to 73 ; and (b) sets out adequate systems to address or respond to security threats, security breaches and security incidents. Domestic ferry facility (2) The Minister shall approve a security plan in respect of a domestic ferry facility if the Minister is satisfied that the security plan submitted by the operator (a) meets the requirements of sections 71 , 72 and 74 ; and (b) sets out adequate systems to address or respond to security threats, security breaches and security incidents. Period of validity (3) A security plan approved by the Minister is valid for a period fixed by the Minister, which shall not exceed five years after the date on which it is approved. In fixing the period, the Minister shall consider the following: (a) in the case of a domestic ferry, (i) its operations and the industry in which it operates, (ii) its ports of call and usual routes, (iii) the operator’s security record, and (iv) the complexity of its security plan and the details of its procedures; and (b) in the case of a domestic ferry facility, (i) its operations and the industry in which it operates, (ii) the operator’s security record, and (iii) the complexity of its security plan and the details of its procedures.
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Successful inspection 19 (1) If the Minister is satisfied, on the basis of an inspection conducted under section 23 of the Act, that the procedures set out in the approved security plan in respect of a domestic ferry or a domestic ferry facility are implemented, the Minister shall issue to the operator of the ferry or the ferry facility, in English or French, (a) in the case of a domestic ferry, a Security Certificate; or (b) in the case of a domestic ferry facility, a Statement of Compliance. Validity period (2) A Security Certificate or a Statement of Compliance issued under subsection (1) is valid while the approved security plan in respect of the domestic ferry or the domestic ferry facility is valid.
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Documents on board 20 (1) Subject to subsections (2) to (4), the operator of a domestic ferry shall ensure that the ferry carries on board (a) an approved security plan in respect of the ferry; and (b) either (i) a Security Certificate issued in respect of the ferry, or (ii) if a Security Certificate has not been issued, an Interim Domestic Ferry Security Certificate issued in respect of the ferry. Compliance with the Marine Transportation Security Regulations (2) In the case of a domestic ferry to which subsection 12 (2) applies, the operator of the ferry shall ensure that the ferry carries on board (a) a certificate referred to in that subsection that was issued in respect of the ferry; and (b) a vessel security plan referred to in paragraph 204(1)(b) of the Marine Transportation Security Regulations that was approved in respect of the ferry. Exemption — Part 1 of Schedule 1 (3) Subsection (1) does not apply before January 15, 2010 to a domestic ferry operating on a route set out in Part 1 of Schedule 1. Exemption — Parts 2 to 4 of Schedule 1 (4) Subsection (1) does not apply before April 1, 2010 to a domestic ferry operating on a route set out in Parts 2 to 4 of Schedule 1.
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Operator obligations 37 This Part sets out the responsibilities of the operators of domestic ferries and domestic ferry facilities, including specific rules relating to restricted area passes and keys and the replacement of ferries.
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luding representatives of seafarers’ welfare and labour organizations; (i) ensure that the security activities of the ferry facility are audited; (j) amend as soon as practicable the approved security plan in respect of the ferry facility to correct any deficiency identified as a result of an audit or in the course of operations; (k) ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (j) until the approved security plan in respect of the ferry facility is amended; (l) ensure security awareness and vigilance by all personnel at the ferry facility; (m) ensure that the security orientation referred to in section 59 is provided; (n) ensure that there is effective communication and cooperation during each interface; (o) ensure that there is consistency between the security requirements and the safety requirements; (p) clearly mark restricted areas in the ferry facility with signs; (q) ensure that the ferry facility has communication systems, including a backup system, and communication procedures that allow effective communication between the ferry facility and (i) vessels, other marine facilities, and port administrations, (ii) the Minister, and (iii) local law enforcement agencies; (r) immediately notify the Minister if the operator ceases to operate a ferry facility set out in Schedule 2; and (s) ensure that the ferry facility security officer develops a security plan in respect of the ferry facility in consultation with (i) local law enforcement agencies, (ii) emergency response providers, (iii) employers and labour at the ferry facility, and (iv) the port security officer, if the ferry facility is in a port. Combined designation (3) If the operator of a domestic ferry also operates the domestic ferry facilities with which the ferry interfaces, the operator may designate a security officer to act for both the ferry and the ferry facilities if the officer is able to fulfil their responsibilities for each ferry and each ferry facility. Other responsibilities (4) A person designated as security officer under paragraphs (1)(c) or (2)(c) may accept other responsibilities or appointments within the operator’s organization provided that the person is able to fulfil their responsibilities as security officer.
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Ferry security officer 39 The operator of a domestic ferry shall ensure that a ferry security officer is on board each domestic ferry that it operates.
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Responsibility of operator 40 (1) An operator shall issue a restricted area pass or key for controlling access to restricted areas established by the operator. Conditions for issuance (2) An operator may issue a restricted area pass or key only to a person (a) who requires access to a restricted area in the performance of their duties; and (b) who is known to the operator or whose identity has been confirmed by valid government-issued photo identification.
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Required information 41 A restricted area pass shall (a) show the name, height and eye colour of the person to whom the pass has been issued, a clear photograph of the person’s head and shoulders, and an expiry date that does not exceed five years after the date of issue; or (b) contain an expiry date or other information to indicate the period during which access is required, and sufficient information to allow the identification of the pass holder.
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Pass to be displayed 42 (1) The holder of a restricted area pass shall, when entering or remaining in a restricted area, display the pass on their outer clothing and above their waist with their photo visible at all times. No personal use (2) The holder of a restricted area pass or key shall not use the restricted area pass or key except in the performance of their duties.
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Restrictions 43 No person shall (a) provide false information for the purpose of obtaining a restricted area pass or key; (b) loan or give a restricted area pass or key to a person other than the individual to whom it was issued; (c) have or use a restricted area pass or key that was issued to another person; (d) alter or otherwise modify a restricted area pass or key; (e) use a counterfeit restricted area pass or key; or (f) reproduce a restricted area pass or key unless authorized to do so by the operator who issued the pass or key.
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Report of theft or loss 44 (1) The holder of a restricted area pass or key that is lost or stolen shall immediately report its loss or theft to the operator who issued the pass or key. Blocking of lost or stolen key (2) The operator shall immediately prevent the use of a restricted area pass or key upon being notified of its loss or theft.
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Return when no longer necessary 45 The holder of a restricted area pass or key shall return it immediately to the operator who issued it when (a) the holder ceases to work on the domestic ferry or in the domestic ferry facility; or (b) the operator determines that the holder otherwise ceases to require the restricted area pass or key.
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Record-keeping 46 (1) An operator shall keep a record of (a) the number of restricted area passes and keys issued and, for each pass and key, the name of the holder, the number of the pass or key, the date of issue, the period of validity of the pass, and, if applicable, the date of return; and (b) lost or stolen passes or keys. Safekeeping and communication of records (2) An operator shall ensure that the record referred to in subsection (1) is (a) kept for at least two years after the date of expiry or return of the restricted area passes or keys; and (b) made available to the Minister on request. Port administration (3) If a domestic ferry facility is located in a port, the port administration may issue restricted area passes and keys on behalf of the operator of the ferry facility. In this case, the operator shall cooperate with the port administration and shall provide it with the information required.
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Notification of replacement 47 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.
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Security responsibilities 53 This Part sets out the roles and responsibilities of the personnel involved in the security of domestic ferries and domestic ferry facilities.
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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. 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. Temporary procedures (3) If the master of a domestic ferry uses temporary procedures, the master shall inform the Minister as soon as practicable. 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.
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Delegation of tasks 55 (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. 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. 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.
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ikely 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.
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Qualifications of personnel 58 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.
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Required security orientation 59 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.
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Framework for security assessments and security plans 65 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.