Marine Transportation Security Regulations (SOR/2004-144)

Port Security Plan

General

372 A port security plan

• (a) shall be based on the findings of the port security assessment;

• (b) shall be in English or French;

• (c) shall be protected from unauthorized access or disclosure;

• (d) shall, if stored in electronic format, have procedures to prevent its unauthorized deletion, destruction or amendment; and

• (e) shall be submitted to the Minister for approval.

Submission and Approval

• 372.1 (1) If the Minister is satisfied that a security plan meets the requirements of this Part, the Minister shall approve the security plan and issue a letter of approval certifying that the plan meets the requirements of this Part, unless approving the plan is not in the public interest and is likely to adversely affect marine transportation security.

• (2) The plan is valid for the period fixed by the Minister, which shall not exceed five years after the day on which it is approved by the Minister. In fixing the period, the Minister shall consider the following:

  • (a) the port’s operations and the industry in which it operates;

  • (b) the port administration’s security record; and

  • (c) the complexity of the port security plan and the details of its procedures.

• (3) The Minister shall issue, in English or French, an interim statement of compliance in respect of a port if the port security plan has been approved but a security inspector has not yet conducted an inspection under section 23 of the Act to ensure compliance with the requirements of this Part.

• (4) The interim statement of compliance is valid until the expiry of six months after the day on which it is issued or until a statement of compliance is issued under subsection (5), whichever comes first.

• (5) If the Minister is satisfied, on the basis of an inspection conducted under section 23 of the Act, that the requirements of this Part have been met, the Minister shall issue, in English or French, a statement of compliance in respect of the port.

• (6) The interim statement of compliance and the statement of compliance are valid while the approved security plan in respect of the port is valid.

Required Documentation

372.2 No person shall operate a port without a valid interim statement of compliance issued under subsection 372.1(3) or a valid statement of compliance issued under subsection 372.1(5).

Content

373 The port security plan shall address each vulnerability identified in the port security assessment and include

• (a) the organization of the port administration in terms of security, including the tasks of personnel who have security responsibilities;

• (b) the name of the port administration and the name and position of the port security officer, including information on how they may be contacted at any time;

• (c) the identification of restricted areas and any security procedures, equipment or systems for those areas;

• (c.1) in the case of a port set out in Part 2 or 3 of Schedule 1, the identification of those areas containing the central controls for security and surveillance equipment and systems and areas that contain the central lighting system controls as restricted area two;

• (d) a description of procedures for and frequency of exercises;

• (e) a description of procedures for the following:

  • (i) ensuring the security of information in the port security plan and keeping the records referred to in section 375,

  • (ii) maintaining security and communication systems and equipment,

  • (iii) identifying and correcting security equipment or systems failures or malfunctions,

  • (iv) communications,

  • (v) responding to changes in the MARSEC level,

  • (vi) preventing unauthorized weapons, explosives, incendiaries or other dangerous substances or devices from entering the marine facilities in the port,

  • (vii) reporting security threats and security incidents to the appropriate law enforcement agencies and the Minister as soon as possible after they occur so that an investigation can be conducted,

  • (viii) reporting security breaches to the Minister,

  • (ix) securing non-critical operations in order to focus response on critical operations, and

  • (x) periodically reviewing, updating and auditing the port security plan;

• (f) a description of

  • (i) security procedures, equipment and systems for access control,

  • (ii) security procedures for the delivery of ships’ stores and bunkers,

  • (iii) security procedures, equipment and systems for monitoring the port and surrounding area, and

  • (iv) procedures for security threats, security breaches and security incidents, including procedures for the evacuation of the port;

• (g) the identification of positions for which a transportation security clearance is required; and

• (h) a description of the procedures to facilitate shore leave for vessel personnel or crew change.

Port Security Exercises

• 374 (1) Port security exercises

  • (a) shall fully test the port security plan and include the substantial and active participation of personnel who have security responsibilities in the port;

  • (b) may include security personnel from vessels, other marine facilities, appropriate law enforcement agencies, the Minister and other competent authorities, depending on the scope and the nature of the exercises; and

  • (c) shall test communication and notification procedures and elements of coordination, resource availability and response.

• (2) The port security exercises shall be conducted at least once every calendar year with no more than 18 months between them.

• (3) Exercises may

  • (a) be full-scale or live;

  • (b) be a tabletop simulation or seminar;

  • (c) be combined with other appropriate exercises; or

  • (d) be a combination of two or more of the elements set out in paragraphs (a) to (c).

Port Record Keeping

• 375 (1) The port security officer shall, in respect of the port, keep records of

  • (a) security training, including the date, the duration and description and the names of the participants;

  • (b) security drills and exercises, including the date and description, the names of the participating marine facilities and any best practices or lessons learned that might improve the port security plan;

  • (c) security threats, security breaches and security incidents, including the date, time, location and description, the response to them and the person to whom they were reported;

  • (d) changes in the MARSEC level, including the date, the time that notification was received and the time of compliance with the security requirements of the new level;

  • (e) maintenance, calibration and testing of equipment used in security, including the date and time of the activity and the equipment involved;

  • (f) internal audits and reviews of security activities;

  • (g) security assessment information;

  • (h) the port security assessment and each periodic review of the port security assessment, including the date on which it was conducted and the findings of the review;

  • (i) the port security plan and each periodic review of the port security plan, including the date on which it was conducted, the findings of the review and any amendments to the plan that are recommended;

  • (j) each amendment to the port security plan, including the date of its approval and implementation;

  • (k) a list of the persons in the port administration who have security responsibilities;

  • (l) an up-to-date list containing the names of screening officers; and

  • (m) an up-to-date list, by name and position, of the holders of transportation security clearances.

• (2) Records respecting equipment that is not used exclusively for security may be kept separately from the records respecting equipment that is used exclusively for security if

  • (a) the port security officer documents, in written or electronic form, their existence and location and the name of the person responsible for their maintenance; and

  • (b) they are accessible to the port security officer.

• (3) The port security officer shall ensure that the records are kept for at least two years after the day on which they are made and make them available to the Minister on request.

• (4) The records shall be protected from unauthorized access or disclosure.

• (5) The records may be kept in electronic format if they are protected from deletion, destruction and revision.

• (6) No person shall disclose security information contained in the records, unless the disclosure is for the purpose of complying with these Regulations.

[376 to 379 reserved]

Restricted Areas

Access

• 380 (1) No person shall enter or remain in a restricted area unless they are

  • (a) the holder of a restricted area pass issued under section 384 for that restricted area;

  • (b) a person who does not ordinarily work at the marine facility or port and who is being escorted by a holder of a restricted area pass;

  • (c) an inspector designated under subsection 22(1) of the Act who is on duty;

  • (d) a member of one of the following groups who is on duty at a marine facility or on a vessel at a marine facility:

    • (i) any police force in Canada,

    • (ii) the Canadian Security Intelligence Service,

    • (iii) the Canadian Forces within the meaning of those words in Part II of the National Defence Act, or

    • (iv) the Canada Border Services Agency;

  • (e) a provider of emergency services who requires access to the area for the protection and preservation of life or property; or

  • (f) a member of the complement of the vessel in the performance of their duties and in compliance with the vessel security plan and the marine facility security plan.

• (2) A commercial truck driver who is required to enter a restricted area two at a marine facility or port as part of their commercial activities may enter and remain in the area to carry out the activities if

  • (a) the driver holds a valid FAST/EXPRES card issued under the Free and Secure Trade (FAST) program by the Canada Border Services Agency or the U.S. Customs and Border Protection;

  • (b) the operator of the marine facility or port administration informs the driver of all applicable procedures and requirements, as identified and approved in the marine facility security plan, and ensures that the driver meets the procedures and requirements; and

  • (c) the driver follows the procedures and requirements identified by the operator of the marine facility or port administration.

• (3) A passenger of a cruise ship may transit a restricted area two if the passenger uses a passageway that

  • (a) is demarcated for use by passengers in accordance with the marine facility security plan; and

  • (b) is supervised by a person who has a transportation security clearance.

• 381 (1) A person who is being escorted in a restricted area shall remain with the escort while in the restricted area.

• (2) An escort shall remain with the person being escorted or ensure that another holder of a restricted area pass acts as the escort while the person is in the restricted area.

• (3) In the case of a restricted area two, no person shall escort more than 10 persons or one vehicle at one time.

382 No person shall provide access to or assist another person to enter a restricted area unless the person accessing the restricted area is authorized under section 380.

383 The holder of a restricted area pass shall, when they enter or remain in a restricted area, display the pass on their outer clothing and above their waist with, except in the case of a temporary restricted area pass, their photograph or other facial image visible at all times.

Restricted Area Passes or Keys

Issuance

• 384 (1) Subject to subsection (2), a port administration or an operator of a marine facility may issue a restricted area pass or a key only to a person who requires access to a specific restricted area in the performance of their duties and, in the case of a restricted area two, who ordinarily works at the port or marine facility or who requires access to the restricted area on an occasional basis.

• (2) A port administration or an operator of a marine facility may only issue a temporary restricted area pass to a person who

  • (a) in the case of a restricted area other than a restricted area two, is waiting for a restricted area pass that has been requested;

  • (b) is a holder of a restricted area pass and is in one of the following circumstances:

    • (i) they have forgotten their restricted area pass, or

    • (ii) they have lost their restricted area pass or it was accidentally destroyed and they are waiting for a replacement restricted area pass for which they have made a request; or

  • (c) does not ordinarily work at the port or marine facility and who, in the performance of their duties, requires temporary access to a restricted area other than a restricted area two.

• (3) Prior to issuing a restricted area pass, the port administration or operator of a marine facility shall confirm the identity of the person in the following manner:

  • (a) in the case of a restricted area pass to be issued to a person who holds a transportation security clearance, by valid photo-bearing identification issued by

    • (i) the Government of Canada or the government of any province, territory or municipality in Canada, or

    • (ii) an employer known to the port administration or operator of the marine facility; or

  • (b) in the case of a restricted area pass to be issued to any other person, by

    • (i) one of the means of identification referred to in paragraph (a), or

    • (ii) other documentation containing sufficient information to enable identification of the person.

• (4) Prior to issuing a restricted area pass for a restricted area two, the port administration or operator of the marine facility shall verify with the Minister that the person has been issued a transportation security clearance as required by section 503.

• (5) The port administration or operator of the marine facility shall confirm the period during which access to the restricted area is required by way of documentation that sets out an expiry date or other relevant information.

• (6) The port administration or operator of the marine facility shall issue restricted area passes that comply with the requirements of sections 392 and 394, as applicable.