REPEALED

Vessels Not in Possession of an International Ship Security Certificate (ISSC), an Interim International Ship Security Certificate (IISSC) or Ship Security Compliance Document Seeking Entry to, or Present in Canadian Waters on July 1, 2004

PURPOSE:

This directive sets out the procedures to be followed by Canadian Coast Guard Marine Communications and Traffic Services (CCG MCTS) and Transport Canada Marine Security and Marine Safety Inspectors where a foreign-flagged ship not in possession of a valid ISSC, IISSC or ship security compliance document issued by the government of the vessel’s flag state seeks entry to Canada, or is in Canadian waters as of July 1, 2004.

DIRECTIVE:

The Marine Transportation Security Regulations (MTSRs) at s.204(2)(c) require SOLAS vessels entitled to fly the flag of a foreign state to carry on board an International Ship Security Certificate (ISSC), an Interim International Ship Security Certificate (IISSC) or a ship security compliance document issued by the government of the vessel’s flag state.

The MTSRs at s.221, “Pre-Arrival Information”, further require that a vessel seeking entry to Canadian waters report its ISSC or ship security compliance document number to the Minister in accordance with the most recent Canadian Coast Guard (CCG) Radio Aids to Marine Navigation.

1. Vessels Seeking to Enter Canada– 96 Hour Call-In

As of July 1, 2004, where a vessel fails to report its ISSC, IISSC or ship security compliance document number at the time the vessel is required to reports its pre-arrival information, or reports that it is not in possession of an ISSC, and IISSC or a ship security compliance document, and that vessel is subsequently identified through the vessel monitoring process as attempting to enter Canadian waters, CCG will inform the vessel that entry to Canadian waters is denied.

2. Vessels at Canadian Ports or Marine Facilities

As of July 1, 2004 any vessel at a Canadian port or marine facility not in possession of an ISSC, an IISSC or ship security compliance document will be subject to any or all of the following control actions, at the discretion of the Marine Security or Marine Safety Inspector:

• The vessel may be detained;
• The vessel may be redirected;
• The vessel may be expelled.

3. Vessels Reporting Intention to Enter the St. Lawrence Seaway and Great Lakes System

As of July 1, 2004 any vessel not in possession of an ISSC, an IISSC or ship security compliance document and reporting its intention to enter the St. Lawrence Seaway and Great Lakes System will be advised that entry is denied.

Any such vessel is also subject to the following control actions, at the discretion of the Marine Security or Marine Safety Inspector:

• The vessel may be detained;
• The vessel may be redirected;
• The vessel may be expelled.

4. Vessels In the St. Lawrence Seaway and Great Lakes System

As of July 1, 2004 any vessel in the St. Lawrence Seaway and Great Lakes System and not in possession of an ISSC, an IISSC or ship security compliance document must, before transiting any of the Seaway marine facilities (locks), negotiate a Declaration of Security with the operator of the facilities.

5. Failure to Provide Pre-Arrival Information

On July 1, 2004 where a vessel has not provided pre-arrival information in accordance with the requirements of s.221 of the MTSR, and that vessel is subsequently found to be in Canadian waters, CCG, upon establishing contact with the vessel, will request that the vessel provide it with all information normally transmitted as pre-arrival information.

Where the vessel reports that it is not in possession of an ISSC, and IISSC or a ship security compliance document, CCG will inform the vessel that it risk interception and enforcement action unless it proceeds immediately out of Canada

6. Where A Vessel Not in Possession of Documentation Advises Delivery of Documentation is Imminent

On July 1, 2004, where vessel reports that it is not in possession of an ISSC, an IISSC or ship security compliance document, but that delivery of that documentation is imminent to a place in Canada, CCG will inform the vessel it must hold its position and stand by for instructions to proceed to an anchorage to await further instructions.

7. Vessels Which Have Been Detained by the U.S. or Expelled From or Denied Entry to U.S. Waters Seeking Entry to Canadian Waters

Where a vessel meets the criteria set out above, that vessel is to be dealt with in accordance with the provisions of this Directive.