GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Transportation Security Regulations — Marine Transportation Security Regulations
ISPS Code means the International Ship and Port Facility Security Code, as incorporated into SOLAS. ( Code ISPS )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
large means of containment has the meaning assigned by section 1.4 of the Transportation of Dangerous Goods Regulations . ( grand contenant )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
marine security document means any certificate, document or letter issued by the Minister under these Regulations. ( document de sûreté maritime )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — (a)
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — (a)
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
passenger has the meaning assigned by section 2 of the Canada Shipping Act, 2001 . ( passager )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
passenger facility means a marine facility that interfaces with passenger vessels to which Part 2 applies. ( installation pour passagers )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
pleasure craft has the meaning assigned by section 2 of the Canada Shipping Act, 2001 . ( embarcation de plaisance )
Marine Transportation Security Regulations — (a)
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 )
Marine Transportation Security Regulations — (a)
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
security clearance [Repealed, SOR/2014-162, s. 2]
Marine Transportation Security Regulations — Marine Transportation Security Regulations
security incident means an event during which the security of a vessel, marine facility or port is compromised. ( incident de sûreté )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
SOLAS means the International Convention for the Safety of Life at Sea, 1974, as amended from time to time. ( SOLAS )
Marine Transportation Security Regulations — (a)
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
STCW Code means the Seafarers’ Training, Certification and Watchkeeping Code , published by the International Maritime Organization, as amended from time to time. ( Code STCW )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
towing vessel means a vessel that tows another vessel astern or alongside or that pushes another vessel ahead. ( bâtiment remorqueur )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
transportation security clearance means a security clearance granted by the Minister under section 509. ( habilitation de sécurité en matière de transport )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — Marine Transportation Security Regulations
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 )
Marine Transportation Security Regulations — 2
2 For greater certainty, nothing in these Regulations derogates from any right otherwise provided to a representative of seafarers’ welfare and labour organizations to access a vessel or a marine facility, unless there is an immediate threat to the safety and security of the vessel or marine facility. SOR/2014-162, s. 3
Marine Transportation Security Regulations — 11
11 The operator of a vessel to which Part 2 applies and the operator of a marine facility or a port administration to which Part 3 applies shall maintain MARSEC level 1 at all times unless a higher MARSEC level is required by the Minister. SOR/2006-269, s. 2; SOR/2014-162, s. 4
Marine Transportation Security Regulations — 12
12 The operator of a vessel that is entitled to fly the Canadian flag and to which Part 2 applies, and the operator of a marine facility to which Part 3 applies, other than the operator of a marine facility that is referred to in paragraph (a) of the definition port administration in subsection 1(1) or the security officer referred to in paragraph (b) of that definition, shall ensure that, where there is a significant demand from at least 5 per cent of the travelling public for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations , (a) authorized screening is carried out by means that effectively enable communication with members of the public in the official language of their choice; and (b) printed or pre-recorded material is provided in both official languages if the material is used in respect of authorized screening. SOR/2014-162, s. 5
Marine Transportation Security Regulations — 13
13 For the purposes of subsection 47(1) of the Act, the prescribed grounds are those that exist when a decision is made in consideration of the possibility of an immediate risk to the security of marine transportation. SOR/2006-270, s. 1
Marine Transportation Security Regulations — 14
14 (1) The Minister shall suspend or cancel a marine security document issued to the operator of a vessel or marine facility, or to a port administration, if the Minister has reasonable grounds to believe that (a) the document was obtained by any fraudulent or improper means or by a misrepresentation of any material fact; (b) the document was altered, rendered illegible or lost; (c) the operator or port administration (i) is not in compliance with its approved security plan or, in the case of an occasional-use marine facility, its security procedures approved under subsection 360(1), or (ii) conducts its activities in a way that constitutes, or is likely to constitute, a threat to marine transportation security; or (d) the requirements for issuance of the document are no longer met. (2) The Minister shall notify the operator or the port administration of the suspension or cancellation by notice served in accordance with section 701. The notice shall include (a) the grounds for the suspension or cancellation and the date on which the suspension or cancellation takes effect; and (b) the address at which, and the date — being 30 days after the day on which the notice is served — on or before which, the operator or port administration may file a request to the Tribunal for a review of the suspension or cancellation. (3) The suspension or cancellation takes effect (a) no later than 30 days after the day on which the notice is served, if the ground for the suspension or cancellation is one of the grounds set out in paragraph (1)(a) or (b), subparagraph (1)(c)(i) or paragraph (1)(d); or (b) at the time the notice is served, if the ground for the suspension or cancellation is the ground set out in subparagraph (1)(c)(ii). (4) If a marine security document is suspended or cancelled, the operator or port administration to which it was issued shall return it immediately to the Minister. SOR/2014-162, s. 6
Marine Transportation Security Regulations — 15
15 The Tribunal has jurisdiction in respect of reviews and appeals under sections 16 to 19 . SOR/2014-162, s. 6
Marine Transportation Security Regulations — 16
16 (1) The operator of a vessel or marine facility, or a port administration, may file with the Tribunal a written request for a review of a suspension or cancellation referred to in subsection 14(1) on or before the date specified in the notice of suspension or cancellation or within any further time that the Tribunal allows on application. (2) A request for a review does not operate as a stay of the suspension or cancellation. SOR/2014-162, s. 6
Marine Transportation Security Regulations — 17
17 (1) On receipt of a request filed under section 16 , the Tribunal shall appoint a time and place for the review and shall notify in writing the Minister and the operator of the vessel or marine facility, or the port administration, of the time and place. (2) The assigned member of the Tribunal shall confirm the suspension or cancellation or refer the matter back to the Minister for reconsideration. SOR/2014-162, s. 6
Marine Transportation Security Regulations — 18
18 (1) Within 30 days after the day on which a determination is made under subsection 17 (2), the operator of the vessel or marine facility, or the port administration, may appeal the determination to the Tribunal. (2) A party who does not appear at a review hearing is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence. (3) The appeal panel of the Tribunal assigned to hear the appeal shall dismiss it or refer the matter back to the Minister for reconsideration. SOR/2014-162, s. 6
Marine Transportation Security Regulations — 19
19 If a matter is referred back to the Minister for reconsideration under subsection 17 (2) or 18 (3), the suspension or cancellation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of the suspension or cancellation until the reconsideration is concluded if the member or panel determines that granting a stay would not constitute a threat to marine transportation security. SOR/2014-162, s. 6
Marine Transportation Security Regulations — 201
201 (1) This Part applies to vessels in Canada, and Canadian ships outside Canada, that are SOLAS ships or non-SOLAS ships. (2) This Part does not apply to (a) a pleasure craft, a fishing vessel, a vessel that is owned or operated by a government and used only on government non-commercial service, a vessel without a crew that is in dry dock, dismantled or laid-up, or a vessel that is subject to a security arrangement concluded between the Government of Canada and a contracting government in application of Regulation 11 of Chapter XI-2 of SOLAS; or (b) a vessel that is entitled to fly the Canadian flag and that is engaged on a voyage between marine facilities in Canada, except when the vessel has an interface with a SOLAS ship or non-SOLAS ship that is entitled to fly the flag of a foreign state that is not subject to a security arrangement referred to in paragraph (a). (3) For the purposes of subsections 211(6) and 213(2), Administration means (a) in respect of a SOLAS ship that is entitled to fly the Canadian flag, the Minister; or (b) in respect of a SOLAS ship that is entitled to fly the flag of a foreign state, the contracting government of that state. SOR/2014-162, s. 8
Marine Transportation Security Regulations — 202
202 (1) The Minister shall issue an International Ship Security Certificate, in English or French, in respect of a Canadian ship that is a SOLAS ship if the requirements of paragraph 204(1)(b) and sections 205, 207 to 218, 220, 222 to 225 and 260 are met. (2) The Minister shall issue a Canadian Vessel Security Certificate, in English or French, in respect of a vessel that is entitled to fly the Canadian flag and is a non-SOLAS ship if the requirements of paragraph 204(1)(b) and sections 205, 207 to 218, 220 and 260 are met. (3) The Minister shall issue an interim International Ship Security Certificate or Canadian Vessel Security Certificate, as the case may be, in English or French, if the vessel security plan is approved but an inspection under section 23 of the Act has not yet been carried out to ensure compliance with the requirements referred to in subsection (1) or (2), as the case may be. (4) A certificate issued under subsection (1) or (2) is valid while the vessel security plan is valid. (5) An interim certificate issued under subsection (3) is valid until the expiry of six months after the day on which it is issued or until a certificate is issued under subsection (1) or (2), whichever comes first. SOR/2014-162, s. 9
Marine Transportation Security Regulations — 203
203 (1) The operator of a SOLAS ship that is entitled to fly the Canadian flag shall ensure that the requirements of sections 204 to 268 are met. (2) The operator of a non-SOLAS ship that is entitled to fly the Canadian flag shall ensure that the requirements of sections 204 to 221 and 228 to 268 are met. (3) The operator of a SOLAS ship that is entitled to fly the flag of a foreign state shall ensure that the requirements of the following are met: (a) section 204, paragraph 205(1)(e), subparagraph 205(1)(f)(ii), paragraphs 205(1)(h) and (i), subsections 206(1) to (4), paragraph 206(5)(b), subsection 211(1), paragraphs 211(3)(b), 212(h) to (h.2) and 213(1)(b), subsection 213(2), paragraph 214(1)(b) and sections 219, 221, 228 and 260 to 268; and (b) sections 7 and 9 to 13, other than sections 7.8, 7.9 and 9.2, of Part A of the ISPS Code. (4) The operator of a non-SOLAS ship that is entitled to fly the flag of a foreign state shall ensure that the requirements of the following are met: (a) section 204, paragraph 205(1)(e), section 206, subsections 211(1) and (2), 213(3) and 214(2) and sections 219, 221, 228 and 260 to 268; and (b) sections 7 and 9 to 13, other than sections 7.8, 7.9, 9.2 and 9.4.16, of Part A of the ISPS Code. (5) In the event of any conflict between the requirements of the ISPS Code and the provisions of these Regulations, the provisions of these Regulations prevail to the extent of the conflict. SOR/2007-275, s. 2; SOR/2014-162, s. 10
Marine Transportation Security Regulations — 204
204 (1) Every vessel shall carry on board (a) the original of the certificate described in subsection (2); (b) a vessel security plan approved (i) in the case of a vessel entitled to fly the Canadian flag, by the Minister, and (ii) in the case of a vessel entitled to fly the flag of a foreign state, by a contracting government or by a security organization referred to in section 9.2 of Part A of the ISPS Code; (c) a continuous synopsis record issued by a contracting government, if the vessel is a SOLAS ship; (d) a record of the last 10 calls at marine facilities; (e) a copy of the last 10 declarations of security; and (f) if the vessel is a SOLAS ship, the original of every certificate of proficiency required by this Part for the vessel security officer and for vessel personnel with or without security responsibilities. (2) The certificate referred to in paragraph (1)(a) is (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate issued under subsection 202(1) or (3); (b) in the case of a non-SOLAS ship that is entitled to fly the Canadian flag, a certificate issued under subsection 202(2) or (3); (c) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, an international ship security certificate, or an interim international ship security certificate, issued by the contracting government of that state; and (d) in the case of a non-SOLAS ship that is entitled to fly the flag of a foreign state, a ship security compliance document, or an interim ship security compliance document, issued or approved by the contracting government of that state. (3) The vessel security officer on a SOLAS ship and a member of the vessel personnel with or without security responsibilities on a SOLAS ship shall, if they hold a certificate of proficiency, ensure that their certificate is carried on board. SOR/2007-275, s. 3; SOR/2014-162, s. 11
Marine Transportation Security Regulations — 205
205 (1) The operator of a vessel shall (a) establish an administrative and organizational structure for the security of the vessel; (b) provide every person who has responsibilities under this Part with the support needed to fulfil his or her responsibilities; (c) designate in writing a company security officer and a vessel security officer, by name or by position, other than the position for which the designation is being made; (d) implement and maintain the vessel security plan, including any corrective action referred to in paragraph 209(h), and, if applicable, the marine facility security plan or the port security plan; (e) provide the master with the following information: (i) the names of the parties responsible for appointing shipboard personnel, such as vessel management companies, crewing agents, contractors and concessionaires, (ii) the names of the parties responsible for deciding the employment of the vessel, and (iii) if the vessel is under a charter-party, the names of contact persons for the charter-party; (f) in the case of a SOLAS ship, ensure that the vessel security officer and vessel personnel with or without security responsibilities have the ability to maintain their effectiveness while performing their duties in accordance with the requirements set out (i) in the case of a ship that is entitled to fly the Canadian flag, in the safe manning document issued under section 202 of the Marine Personnel Regulations , or (ii) in the case of a ship that is entitled to fly the flag of a foreign state, in the safe manning document issued by the contracting government of that state; (g) in the case of a vessel that is entitled to fly the Canadian flag, ensure that a vessel security plan is established; (h) ensure that the vessel security officer and vessel personnel with or without security responsibilities meet the training requirements set out in sections A-VI/5 and A-VI/6 of the STCW Code; and (i) clearly identify each restricted area on the vessel. (2) The operator of a SOLAS ship shall permanently mark the ship with the International Maritime Organization Ship Identification Number in accordance with Regulation 3 of Chapter XI-1 of SOLAS. SOR/2014-162, s. 12