Operator of a Vessel
205. The operator of a vessel shall
(a) establish an administrative and organizational structure for the security of the vessel;
(b) provide every person who has responsibilities under this Part with the support needed to fulfil their responsibilities;
(c) designate in writing a company security officer and a vessel security officer, by name or by position, other than the position for which the designation is being made;
(d) operate the vessel in compliance with the vessel security plan and any corrective action referred to in paragraph 209(h), a marine facility security plan or a port security plan;
(e) provide the master with the following information:
(i) the names of the parties responsible for appointing shipboard personnel, such as vessel management companies, crewing agents, contractors and concessionaires,
(ii) the names of the parties responsible for deciding the employment of the vessel, and
(iii) if the vessel is under a charter-party, the names of contact persons in respect of the charter-party;
(f) in the case of a SOLAS ship, ensure that vessel personnel have the ability to maintain their effectiveness while performing their duties in accordance with the requirements set out in the safe manning document; and
(g) in the case of a vessel that is entitled to fly the Canadian flag, ensure that a vessel security plan is established.
206. (1) Nothing in this Part permits any person to constrain the master of a vessel from making or executing any decision that, in the professional judgment of the master, is necessary to maintain the safety and security of the vessel, including decisions
(a) to deny access to persons, other than operators and persons identified as authorized by a contracting government, or their goods;
(b) to refuse to load cargo, including containers or other closed cargo transport units; or
(c) to coordinate, with marine facility operators or port security officers, shore leave for vessel personnel or crew change, as well as access through marine facilities of visitors to the vessel, including representatives of seafarers’ welfare and labour organizations.
(2) If a conflict between any safety and security requirements applicable to the vessel arises during its operations, the master shall give precedence to requirements intended to maintain the safety of the vessel and, in such a case, shall use any temporary procedures that the master determines appropriate under the circumstances and, to the highest possible degree, satisfy the security requirements of the prevailing MARSEC level.
(3) If the master uses temporary procedures, the master shall, as soon as practicable, inform
(a) if the vessel is in Canadian waters, a Marine Communications and Traffic Services Centre of the Canadian Coast Guard;
(b) if the vessel is a Canadian ship in the waters of a contracting government, the relevant maritime authority of that government and a Marine Communications and Traffic Services Centre of the Canadian Coast Guard; and
(c) if the vessel is a Canadian ship in other waters, a Marine Communications and Traffic Services Centre of the Canadian Coast Guard.
(4) The master shall provide the vessel security officer with the support necessary to carry out their duties on board the vessel.
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