Government of Canada navigation bar

Symbol of the Government of Canada

Primary site navigation bar

Bilateral Arrangement Between Transport Canada and the United States Coast Guard from Watson

From James A. Watson, Rear Admiral, U. S. Coast Guard, Director of Prevention Policy to Laureen Kinney, Director General, Marine Security

Dear Ms. Kinney:

On August 31st, 2004, the United States Coast Guard and the Canadian Department of Transport adopted two Alternative Security Agreements (“Agreements”) for passenger vessels and ferries operating on short fixed routes between ports in Canada and the United States. This document proposes three Alternative Security Arrangements (“Arrangements”) for adoption by the United States Coast Guard and the Canadian Department of Transport for passenger vessels and ferries operating on short international voyages on fixed routes between a Canadian port or marine facility and a United States port facility. The proposed Arrangements are contingent on the laws and regulations of the United States and Canada and shall be non-binding on our two nations.

Arrangement 1- Alternative Requirements for Identification Verification and Screening of Passengers

U.S.- and Canadian-flagged passenger vessels and ferries may establish alternative security measures or procedures respectively for identification verification and screening of passengers other than the sole access control measures set out in the ISPS Code paragraph B/9.14.1, provided the alternative security measures or procedures are in compliance with applicable U.S. and Canadian regulations.

Arrangement 2 - Alternative for Ship Security Alert Systems

U.S.-and Canadian-flagged passenger vessels and ferries operating in the waters between the Province of British Columbia and the State of Washington, as described by Title 33, Code of Federal Regulations, Part 161.55, may participate in the Cooperative Vessel Traffic Service described in those regulations as an alternative to employing a ship security alert system. In order for vessels to use this alternative, their security plan should meet any supplementary measures or procedures required by the flag administration consistent with the International Maritime Organization’s Resolution MSC.147 (77) and MSC/Circular 1072.

In the case of small SOLAS passenger vessels and ferries carrying less than 150 passengers, that are operating a maximum distance of 20 miles between ports, and have cellular or satellite telephone service coverage for the entire route, cellular or satellite phones should be acceptable as an alternative to a ship security alert system so long as any vessel proposing to use such an alternative includes in its security plan any supplementary measures or procedures required by the vessel’s flag administration.


Arrangement 3 – Alternative Security Requirements for U.S. or Canadian ferries and passenger vessels (except cruise ships), operating solely on lakes and rivers on the U.S. and Canadian border, including the Great Lakes and the St. Lawrence Seaway.

Under limited circumstances, vessels as described above may call at facilities that do not meet the requirements set out in SOLAS Chapter XI-2 Regulation 10 upon approval of the U.S. or Canadian Maritime Security authority of jurisdiction (U.S. Coast Guard Captain of the Port or Marine Security Regional Office). This arrangement should not apply to the Straits of Juan De Fuca.

Under this Agreement, owners or operators of U.S. and Canadian-flagged passenger vessels and ferries, operating on the waters described, should submit a request in writing to the U.S. Coast Guard Captain of the Port or Marine Security Regional Office at least 30 days prior to the beginning of the operating season. The appropriate authority of jurisdiction should review and approve the request, notify the owner or operator, and advise of any changes necessary in the vessel’s proposed operations. The request should include:

  • The vessel’s operating schedule.
  • The vessel’s entire course of travel from the first port in which passengers are embarked until its return to where all passengers disembark.
  • A list of all facilities that will receive the vessel including marine facilities and ports to be visited.
  • A detailed list of all security requirements to be followed. A Declaration of Security may be used in lieu of this list.

When interfacing with non regulated facilities, vessel personnel should implement security requirements for the appropriate security level in accordance with the Vessel Security Plan. Passengers and baggage should be screened in accordance with U.S. and Canadian security level directives, and vessel personnel should remain diligent of their security responsibilities to provide monitoring shore side and waterside on and around the vessel.

We propose that these be revised as needed through consultations between the Director of Inspections and Compliance in the United States Coast Guard and the Director General, Marine Security, in the Canadian Department of Transport.

I trust that the Canadian Department of Transport will find these Arrangements acceptable. In that case, it is our expectation that the Arrangements will take effect on the date of your reply.


Sincerely,

J.A. Watson
Rear Admiral, U. S. Coast Guard 
Director of Prevention Policy

From Laureen Kinney , Director General, Marine Security to James A. Watson, Director of Prevention Policy, Rear Admiral, U. S. Coast Guard

Dear Rear-Admiral:

I hereby acknowledge that the Department of Transport accepts the three Alternative Security Arrangements and related conditions set forth in your letter of April 8, 2008.

Please note that a Marine Security Exemption Order may be required to permit an operator of a Canadian-flagged vessel to use an alternative to a ship security alert system, under Arrangement 2.

Yours sincerely,

Laureen Kinney
Director General
Marine Security
Date modified:
2011-01-26