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MARINE TRANSPORTATION SECURITY ACTMarine Transportation Security RegulationsSOR/2004-144PART 1 - GENERAL PART 2 - VESSELS
PART 3 - MARINE FACILITIES
PART 4 - RESERVED PART 5 - SECURITY CLEARANCE
PART 6 - CONTRAVENTION OF PROVISIONS DESIGNATED AS VIOLATIONS PART 7 - NOTICE AND SERVICE OF DOCUMENTS MARINE TRANSPORTATION SECURITY REGULATIONSINTERPRETATION
1. The following definitions apply in these Regulations. "Act" « Loi » "Act" means the Marine Transportation Security Act.
"breach of security" « infraction à la sûreté » "breach of security" means an incident that has not resulted in a security incident, in which security regulations, measures, rules or procedures have been circumvented or violated.
"CDC facility" « installation CCD » "CDC facility" means a marine facility that interfaces with vessels to which Part 2 applies and that carry certain dangerous cargoes.
"certain dangerous cargoes" « certaines cargaisons dangereuses » "certain dangerous cargoes" means dangerous goods, other than products, substances or organisms identified in Class 3, 4, 8 or 9 of the schedule to the Transportation of Dangerous Goods Act, 1992, that are carried in bulk or in such a quantity as to require an emergency response assistance plan under section 7.1 of the Transportation of Dangerous Goods Regulations.
"container" « conteneur » "container" means a structure for transporting commodities on trucks, railcars or vessels that meets the requirements set out in the Safe Containers Convention Act.
"container terminal" « terminal pour conteneurs » "container terminal" means any marine facility that accepts containers for transport.
"contracting government" « gouvernement contractant » "contracting government" means the government of a state that is a signatory to SOLAS.
"cruise ship" « navire de croisière » "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.
"cruise ship terminal" « terminal pour navires de croisière » "cruise ship terminal" means a marine facility that interfaces with cruise ships.
"dangerous goods" « marchandises dangereuses » "dangerous goods" means dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992.
"declaration of security" « déclaration de sûreté » "declaration of security" means an agreement between a vessel and a marine facility or another vessel that is required by section 228 or 315.
"ferry" « traversier » "ferry" means a vessel that is limited in its use to the carriage of deck passengers or vehicles, or both, and operates on a short run on a frequent schedule between two or more points over the most direct water route.
"ferry facility" « installation pour traversiers » "ferry facility" means a marine facility that interfaces with ferries to which Part 2 applies.
"fishing vessel" « bâtiment de pêche » "fishing vessel" means a fishing vessel as defined under section 2 of the Canada Shipping Act.
"government vessel" « bâtiment d'État » "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.
"interface" « interface » "interface" means the interaction that occurs when a vessel is directly and immediately affected by actions involving the movement of persons or goods to or from the vessel or the provision of services by a marine facility to or from the vessel.
"ISPS Code" « Code ISPS » "ISPS Code" means the International Ship and Port Facility Security Code, as incorporated into SOLAS.
"key" « clé » "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.
"MARSEC level 1" « niveau MARSEC 1 » "MARSEC level 1" means the level for which minimum security procedures are maintained at all times.
"MARSEC level 2" « niveau MARSEC 2 » "MARSEC level 2" means the level for which security procedures additional to those of MARSEC level 1 are maintained for a limited period as a result of heightened risk of a security threat or security incident.
"MARSEC level 3" « niveau MARSEC 3 » "MARSEC level 3" means the level for which security procedures additional to those of MARSEC level 1 and MARSEC level 2 are maintained for a limited period when a security threat or security incident is probable or imminent regardless of whether the specific target is identified.
"occasional-use marine facility" « installation maritime à usage occasionnel » "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 where no more than 5 of those interfaces involve a vessel on a fixed schedule with the facility.
"passenger" « passager » "passenger" means a passenger as defined under section 2 of the Canada Shipping Act.
"passenger facility" « installation pour passagers » "passenger facility" means a marine facility that interfaces with passenger vessels to which Part 2 applies.
"pleasure craft" « embarcation de plaisance » "pleasure craft" has the meaning assigned by section 2 of the Canada Shipping Act.
"port administration" « organisme portuaire » "port administration" means (a) the operator of a marine facility that is a port authority established under section 8 of the Canada Marine Act; (b) the operator of a marine facility that is a harbour commission established under subsection 5(1) of the Harbour Commissions Act; (c) an employee of the Department of Transport designated by the Minister as the security officer for a port as defined under paragraph 361(c); or (d) in the absence of a port administration described in any of paragraphs (a) to (c), the operator of a marine facility that is identified in the agreement referred to in paragraph 361(d) to act as the port administration of the port.
"restricted area pass" « laissez-passer de zone réglementée » "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.
"SOLAS" « SOLAS » "SOLAS" means the International Convention for the Safety of Life at Sea, 1974, as amended from time to time.
"security clearance" « habilitation de sécurité » "security clearance" means a security clearance granted by the Minister under section 509.
"security incident" « incident de sûreté » "security incident" means an incident that has affected the security of a vessel or marine facility or an interface between vessels or a vessel and a marine facility.
"security threat" « menace contre la sûreté » "security threat" means any suspicious act or circumstance that could threaten the security of a vessel or marine facility or an interface between vessels or a vessel and a marine facility.
"towing vessel" « bâtiment remorqueur » "towing vessel" means a vessel that tows a vessel astern or alongside or pushes a vessel ahead.
[2 to 10 reserved]
PART 1
GENERAL11. An operator of a vessel to which Part 2 applies, or a marine facility operator or port administration to which Part 3 applies, 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.
12. The operator of a vessel 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), (b) or (c) of the definition "port administration", 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.
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. [14 to 199 reserved]
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