## 43 CAUTION WITH REGARD TO SHIPS APPROACHING CONTROLLED ACCESS ZONES SURROUNDING HER MAJESTY'S CANADIAN NAVAL FACILITIES, WARSHIPS AND ALLIED WARSHIPS WHILE UNDERWAY, AT ANCHOR OR STATIONARY

1 The attention of ship owners and mariners is called to understand that a "controlled access zone" means a zone, designated by the Minister of National Defence that includes all corresponding airspace above, and water and land below, the zone.

2 Attention is drawn to the following definition: A "ship" means an Her Majesty's Canadian Ship as defined in subsection 2(1) of the National Defence Act or a ship under the control of a visiting force that is legally in Canada by virtue of the Visiting Forces Act or otherwise.

3 Mariners are therefore warned that the Coordinates of the Controlled Access Zones will be reflected in the next available update to the affected nautical charts.

4 Mariners are warned that the MND has designated as controlled access zones certain areas or parts of areas of water described in the Controlled Access Zone Order (Halifax, Esquimalt and Nanoose Harbours). The areas of water described below are hereby designated as controlled access zones for an indeterminate period.

##### ACCESS TO CONTROLLED ACCESS ZONES

5 The Chief of the Defence Staff may, having regard to safety or security may:

a. permit persons or classes of persons to have access to a controlled access zone without conditions;

b. permit persons or classes of persons to have access to a controlled access zone on such conditions as the Chief of the Defence Staff considers appropriate in the circumstances; or

c. prohibit persons or classes of persons from having access to a controlled access zone.

6 DND will give notice as soon as possible that access to a controlled access zone is permitted or prohibited and of the conditions of access to the zone, and of any changes to that permission or prohibition or to those conditions, to all persons who may be affected by them via Annual Edition of Notice to Mariners, Monthly Notice to Mariners and through the local VTMS. Mariners are encouraged to contact the local Queens Harbour master if it is deemed that their navigational passage will transit through a designated Control Zone

7 Mariners are cautioned that every person on entering or exiting a controlled access zone shall, on the demand of a security guard, submit to a search of their person or any property or thing under their control. Should a person refuse to submit to a search, then

a. if the person is seeking entry to the controlled access zone, they may be refused entry; or

b. if the person is exiting the zone, the person or any property or thing under their control may be searched by a security guard, which search shall be carried out with only such force as is necessary for that purpose.

8 A security guard may without a warrant search any property or thing in a controlled access zone if the security guard has reasonable grounds to believe that the property or thing is, or may contain anything that is, likely to endanger the safety or security of HMCS Ship's, DND personnel, Visiting Forces and DND facilities

9 Every person who is in a controlled access zone with permission shall comply with every condition of access established for the zone and every direction given under this Order by a security guard and the person, or any property or thing under the person's control, may be removed from the zone by a security guard if the person fails to comply with any of those conditions or directions.

10 Every person who is in a controlled access zone without permission shall comply with every direction given under this Order by a security guard and the person, or any property or thing under the person's control, may be removed from the zone by a security guard if the person fails to comply with any of those directions.

##### CONTROLLED ACCESS ZONES FOR HALIFAX NS, ESQUIMALT AND NANOOSE HARBOURS BC

11 a. Halifax, Nova Scotia: The area of water in Halifax Harbour and the contiguous area of water bounded by a straight line joining the following coordinates:

(1) 44°30.19'N 63°31.19'W

(2) 44°35.55'N 63°26.61'W

b. Esquimalt, British Columbia:

(1) The area of water in Esquimalt Harbour bounded on the northwest by a straight line joining coordinates 48°27.13'N 123°27.23'W and 48°27.36'N 123°27.01'W, and the contiguous area of water bounded by straight lines joining the following coordinates:

(a) 48°25.31'N 123°25.21'W

(b) 48°23.21'N 123°25.21'W

(c) 48°23.03'N 123°28.79'W

(2) The area of water contiguous to the naval jetty at Canadian Forces Ammunition Depot Rocky Point, Canadian Forces Base Esquimalt, bounded by straight lines joining the following coordinates:

(a) 48°20.04'N 123°33.20'W

(b) 48°20.16'N 123°32.98'W

(c) 48°20.12'N 123°32.70'W

(d) 48°19.98'N 123°32.56'W

(e) 48°19.78'N 123°32.69'W

c. Nanoose Bay, British Columbia: The area of water in Nanoose Harbour and the contiguous area of water bounded by straight lines joining the following coordinates:

(a) 49°16.38'N 124°07.05'W

(b) 49°16.38'N 124°06.05'W

(c) 49°15.96'N 124°06.05'W

(d) 49°15.94'N 124°06.32'W

(e) 49°15.28'N 124°06.30'W

##### DESIGNATED CONTROLLED ACCESS ZONES WITHIN HARBOURS

d. The area of water in Halifax Harbour contiguous to naval jetty NA1 at Canadian Forces Base Halifax, bounded by straight lines joining the following coordinates:

(a) 44°37.98'N 63°31.50'W

(b) 44°37.86'N 63°31.48'W

(c) 44°37.81'N 63°31.42'W

(d) 44°37.73'N 63°31.55'W

(e) 44°37.58'N 63°31.43'W

(f) 44°37.45'N 63°31.22'W

(g) 44°37.38'N 63°30.93'W

(h) 44°37.45'N 63°30.75'W

e. The area of water in Halifax Harbour contiguous to naval jetties NB, NC, ND, NE, NF, NG, NH, NI, NJ and NK2 at Canadian Forces Base Halifax, bounded by straight lines joining the following coordinates:

(a) 44°39.87'N 63°35.52'W

(b) 44°39.93'N 63°35.40'W

(c) 44°39.78'N 63°35.12'W

(d) 44°39.49'N 63°34.55'W

(e) 44°39.33'N 63°34.43'W

(f) 44°39.20'N 63°34.64'W

f. The area of water in Halifax Harbour contiguous to naval jetty NL3 at Canadian Forces Base Halifax, bounded by straight lines joining the following coordinates:

(a) 44°40.22'N 63°35.27'W

(b) 44°40.14'N 63°35.42'W

(c) 44°40.03'N 63°35.35'W

(d) 44°39.96'N 63°35.19'W

(e) 44°39.98'N 63°35.09'W

g. The area of water in Halifax Harbour contiguous to naval jetty NN3 at Canadian Forces Base Halifax, bounded by straight lines joining the following coordinates:

(a)44°42.52'N 63°38.23'W

(b) 44°42.38'N 63°38.22'W

(c) 44°42.29'N 63°38.08'W

(d) 44°42.24'N 63°37.87'W

(e) 44°42.32'N 63°37.73'W

h. The area of water in Halifax Harbour in the Bedford Basin, bounded by straight lines joining the following coordinates:

(a) 44°42.06'N 63°39.55'W

(b) 44°42.23'N 63°38.92'W

(c) 44°42.55'N 63°39.06'W

(d) 44°42.41'N 63°39.71'W

(e) 44°42.06'N 63°39.55'W

i. The area of water in Halifax Harbour south of the MacDonald Bridge, bounded by straight lines joining the following coordinates:

(a) 44°39.92'N 63°34.91'W

(b) 44°39.63'N 63°34.34'W

(c) 44°39.51'N 63°34.48'W

(d) 44°39.77'N 63°35.05'W

(e) 44°39.92'N 63°34.91'W

j. The area of water in Halifax Harbour near McNabb Island, bounded by straight lines joining the following coordinates:

(a) 44°36.34'N 63°32.45'W

(b) 44°36.32'N 63°32.05'W

(c) 44°36.37'N 63°31.85'W

(d) 44°36.39'N 63°31.72'W

(e) 44°36.65'N 63°31.76'W

(f) 44°36.74'N 63°31.92'W

(g) 44°36.69'N 63°32.14'W

(h) 44°36.80'N 63°32.30'W

(i) 44°36.73'N 63°32.66'W

(j) 44°36.34'N 63°32.45'W

k. The area of water the perimeter of which is 200 metres from the perimeter of a ship that is moving within Halifax Harbour or the contiguous water, bounded by a straight line joining coordinates 44°30.19'N 63°31.19'W and 44°35.55'N 63°26.61'W

l. The area of water the perimeter of which is 500 metres from the perimeter of a ship that is stationary, including a ship that is at anchor, within Halifax Harbour

m. The area of water in Esquimalt Harbour contiguous to the naval jetties at Canadian Forces Base Esquimalt, bounded by straight lines joining the following coordinates:

(a) 48°25.73'N 123°26.25'W

(b) 48°25.90'N 123°26.53'W

(c) 48°26.15'N 123°26.44'W

(d) 48°26.21'N 123°26.05'W

(e) 48°26.12'N 123°25.72'W

n. The area of water in Esquimalt Harbour contiguous to the naval jetties at Canadian Forces Base Esquimalt, bounded by straight lines joining the following coordinates:

(a) 48°26.91'N 123°26.99'W

(b) 48°26.88'N 123°26.65'W

(c) 48°26.31'N 123°26.52'W

(d) 48°26.13'N 123°26.61'W

(e) 48°26.18'N 123°26.90'W

o. The area of water the perimeter of which is 200 metres from the perimeter of a ship that is moving within Esquimalt Harbour, bounded on the northwest by a straight line joining coordinates 48°27.13'N 123°27.23'W and 48°27.36'N 123°27.01'W, or within the contiguous area of water bounded by straight lines joining the following coordinates:

(a) 48°25.31'N 123°25.21'W

(b) 48°23.21'N 123°25.21'W

(c) 48°23.03'N 123°28.79'W

p. The area of water the perimeter of which is 500 metres from the perimeter of a ship that is stationary, including a ship that is at anchor, within Esquimalt Harbour, bounded on the northwest by a straight line joining coordinates 48°27.13'N 123°27.23'W and 48°27.36'N 123°27.01'W, or within the contiguous area of water bounded by straight lines joining the following coordinates:

(a) 48°25.31'N 123°25.21'W

(b) 48°23.21'N 123°25.21'W

(c) 48°23.03'N 123°28.79'W

q. The area of water contiguous to the naval jetty at Canadian Forces Ammunition Depot Rocky Point, Canadian Forces Base Esquimalt, bounded by straight lines joining the following coordinates:

(a) 48°20.04'N 123°33.20'W

(b) 48°20.16'N 123°32.98'W

(c) 48°20.12'N 123°32.70'W

(d) 48°19.98'N 123°32.56'W

(e) 48°19.78'N 123°32.69'W

r. The area of water in Nanoose Harbour contiguous to the naval jetties at Canadian Forces Maritime Experimental and Test Ranges, bounded by straight lines joining the following coordinates:

(a) 49°15.93'N 124° 08.10'W

(b) 49°15.83'N 124° 08.10'W

(c) 49°15.82'N 124° 09.01'W

(d) 49°15.93'N 124° 09.46'W

(e) 49°16.15'N 124° 09.50'W

s. The area of water the perimeter of which is 200 metres from the perimeter of a ship that is moving within Nanoose Harbour or the contiguous area of water, bounded by straight lines joining the following coordinates:

(a) 49°16.38'N 124°07.05'W

(b) 49°16.38'N 124°06.05'W

(c) 49°15.96'N 124°06.05'W

(d) 49°15.94'N 124°06.32'W

(e) 49°15.28'N 124°06.30'W

t. The area of water, which is 500 metres from the perimeter of a ship that is stationary, including a ship that is at anchor, within Nanoose Harbour or the contiguous area of water, bounded by straight lines joining the following coordinates:

(a) 49°16.38'N 124°07.05'W

(b) 49°16.38'N 124°06.05'W

(c) 49°15.96'N 124°06.05'W

(d) 49°15.94'N 124°06.32'W

(e) 49°15.28'N 124°06.30'W

Authority: Department of National Defence (NDHQ)