Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2017-05-11 and last amended on 2014-06-19. Previous Versions

General

  •  (1) A holder of a restricted area pass or key that has been lost or stolen shall immediately report its loss or theft to the port administration or the operator of the marine facility.

  • (2) The port administration or operator of the marine facility shall immediately cancel a restricted area pass and any associated key upon being notified of its loss or theft.

  • SOR/2006-269, s. 16.
  •  (1) A port administration or an operator of a marine facility shall keep a record of

    • (a) the number of restricted area passes or keys issued and, for each pass, the name of the holder, the number of the pass or key, the date of issue, the period of validity, and, if applicable, the date of suspension or revocation; and

    • (b) lost or stolen passes or keys.

  • (2) The port administration or operator of a marine facility shall ensure that the records referred to in subsection (1) are:

    • (a) kept for at least two years after the date they are made; and

    • (b) available to the Minister on request.

  • SOR/2006-269, s. 17(F);
  • SOR/2006-270, s. 8.

 A person shall not provide false information for the purpose of obtaining a restricted area pass or a key.

 A person shall not use a restricted area pass or a key except while in the performance of their duties.

  •  (1) The holder of a restricted area pass or a key shall return it to the marine facility operator or the person who issued it when

    • (a) the holder ceases to work at a marine facility; or

    • (b) the holder otherwise ceases to require the restricted area pass or the key.

  • (2) When a restricted area pass or a key is returned to an employer, the employer shall immediately give it to the marine facility operator or the person who issued it.

  • SOR/2006-269, s. 18.

 A person shall surrender on demand a restricted area pass or a key in their possession to the marine facility operator, the person who issued it, a peace officer or the Minister.

 No person shall

  • (a) loan or give a restricted area pass or a key that was issued to one person to another person;

  • (b) alter or otherwise modify a restricted area pass or a key;

  • (c) have or use a restricted area pass or a key that was issued to another person;

  • (d) use a counterfeit restricted area pass or key; or

  • (e) make or reproduce a copy of a restricted area pass or key.

Content

  •  (1) Subject to subsection (2), a restricted area pass shall show the name, height and eye colour of the person to whom the pass has been issued, a clear photograph of the person’s head and shoulders or other facial image and an expiry date that is not later than five years after the date of issue or, in the case of a restricted area pass issued to a person who holds a transportation security clearance, that is not later than the expiry date of the transportation security clearance.

  • (2) A temporary restricted area pass need not meet the requirements of subsection (1), but it shall bear a mark that clearly distinguishes it as a temporary pass.

  • SOR/2006-269, s. 19;
  • SOR/2014-162, s. 100.

Administration

  •  (1) A port administration may issue keys and restricted area passes, and keep an up-to-date list, by name and position, of the holders of transportation security clearances, on behalf of marine facility operators in the port.

  • (2) If a port administration administers restricted areas passes on behalf of marine facility operators in the port, a marine facility operator shall cooperate with the port administration and shall provide it with the information required.

  • SOR/2006-269, s. 20;
  • SOR/2014-162, s. 100.

Distinctive Mark — Transportation Security Clearances

[SOR/2014-162, s. 100]

 Every restricted area pass issued to a holder of a transportation security clearance shall bear a mark that clearly distinguishes it from restricted area passes issued to persons who are not transportation security clearance holders.

  • SOR/2006-269, s. 21;
  • SOR/2014-162, s. 100.

[395 to 399 reserved]

PART 4 — [RESERVED]

 [Reserved]

 [Reserved]

PART 5Transportation Security Clearance

[SOR/2014-162, s. 100]

[500 reserved]

Application

  •  (1) This Part applies to the marine facilities set out in Part 1 of Schedule 1 and to the port administrations for the ports at which the marine facilities are located.

  • (2) This Part also applies to every licensed ship’s pilot, as defined in section 2 of the Pilotage Act, having the conduct of a vessel that interfaces with a marine facility set out in Part 1 of Schedule 1 or of a vessel in the waters of a port set out in Part 2 or 3 of that Schedule.

  • SOR/2006-269, s. 22.

Operator of a Marine Facility

 The operator of a marine facility and the port administration shall ensure that the requirements of this Part are met.

  • SOR/2006-269, s. 22.

Transportation Security Clearance

[SOR/2014-162, s. 100]

 Every person shall be a holder of a transportation security clearance if they

  • (a) require access to a restricted area two and cannot enter the area under any of paragraphs 380(1)(b) to (f) or subsection 380(2) or (3);

  • (b) are a licensed ship’s pilot referred to in subsection 501(2);

  • (c) are a harbour master or wharfinger appointed under subsection 69(1) of the Canada Marine Act;

  • (d) have security responsibilities, including authorized screening and security guard functions, at the marine facilities and port administrations for the ports referred to in subsection 501(1);

  • (e) take applications for transportation security clearances and the applicants’ fingerprints and facial images, which functions are performed on behalf of the Minister and for the purposes of this Part;

  • (f) have access to a cruise ship that is interfacing with a restricted area two to provide services, supplies or equipment to the cruise ship or a member of the complement of the cruise ship;

  • (g) could cause the failure of a preventive measure, delay the response to a security incident or adversely affect the recovery from a security incident as a result of being assigned or performing any of the following duties, responsibilities or functions:

    • (i) access to security information at the marine facility or port,

    • (ii) the supervision of marine facility operations,

    • (iii) the creation, alteration, control or maintenance of cargo documentation or crew or passenger lists by a person who

      • (A) is present at the marine facility or port, or

      • (B) has advance access to the documentation or lists, or

    • (iv) the planning or directing of the movement of cargo or containers at a container terminal, including their loading and unloading into and from vessels; or

  • (h) are a seafarer who has submitted an application for a Seafarer’s Identification Document.

  • SOR/2006-269, s. 22;
  • SOR/2014-162, ss. 47, 100.

 The holder of a transportation security clearance who has been issued a restricted area pass shall display the pass on their outer clothing and above their waist, with their photograph or other facial image visible at all times when they

  • (a) perform the responsibilities, duties or functions for which a transportation security clearance is required; or

  • (b) enter or remain in a restricted area two.

  • SOR/2006-269, s. 22;
  • SOR/2014-162, s. 100.

Eligibility

 The following persons may submit an application for a transportation security clearance:

  • (a) any person who is required to obtain a transportation security clearance under these Regulations;

  • (b) any person applying for a job for which a transportation security clearance would be required under these Regulations; and

  • (c) any seafarer who wishes to voluntarily submit an application for a transportation security clearance.

  • SOR/2006-269, s. 22;
  • SOR/2014-162, s. 100.
 
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