Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2014-04-02 and last amended on 2008-12-15. Previous Versions

[359 and 360 reserved]

Ports

Definitions

 In sections 362 to 375, “port” means

  • (a) a port as defined under section 5 of Canada Marine Act;

  • (b) a harbour for which a harbour commission is established under subsection 5(1) of the Harbour Commissions Act;

  • (c) a public port designated under section 65 of the Canada Marine Act in which a marine facility that interfaces with a vessel to which Part 2 applies is situated; or

  • (d) a group of marine facilities, in close proximity to each other, the operators of which agree with each other to subject themselves to sections 362 to 375.

Responsibilities of the Port Administration

 A port administration shall

  • (a) establish, convene, and direct a port security committee;

  • (b) designate in writing, by name, a port security officer who will chair the port security committee;

  • (c) conduct an on-site survey and submit to the Minister the security assessment information respecting the port;

  • (d) provide the Minister with the information that is necessary to conduct a vulnerability assessment;

  • (e) submit a port security plan, and any amendment, to the Minister for approval;

  • (f) ensure the coordination of marine transportation security in consultation with the port security committee;

  • (g) ensure that the requirements of sections 363 to 375, 384 to 386 and 392, subsection 393(2) and section 394 are fulfilled; and

  • (h) operate the port in accordance with the port security plan.

  • SOR/2006-270, s. 7.

Responsibilities of the Port Security Officer

 The port security officer shall develop a port security plan with the marine facility security officers at the port and in consultation with representatives of federal departments and agencies, provincial and municipal governments, appropriate law enforcement agencies, emergency response providers, employers and labour at the port.

Responsibilities of the Port Security Committee

 The port security committee shall coordinate marine transportation security, which may include

  • (a) the identification of critical infrastructure and operations;

  • (b) the identification of risks, threats, vulnerabilities and consequences;

  • (c) the determination of mitigation strategies and implementation methods; and

  • (d) the establishment of a process to continually evaluate marine transportation security.

Composition of the Port Security Committee

 The chair of the port security committee may appoint other committee members from organizations concerned or affected by the security of the port including representatives of marine facilities, labour and municipal and provincial governments.

Port Security Assessments

 Security assessment information in respect of a port shall

  • (a) be in English or French;

  • (b) be based on background information, the completion of an on-site survey and an analysis of that information and survey;

  • (c) identify and evaluate

    • (i) the physical aspects of the port that are the most important to protect and the means for protecting the personnel,

    • (ii) possible threats to the port, and the likelihood of their occurrence, in order to establish security procedures and countermeasures and their order of priority, and

    • (iii) the vulnerabilities, including human factors, in the security of the port;

  • (d) be protected from unauthorized access or disclosure; and

  • (e) if stored in electronic format, have procedures to prevent its unauthorized deletion, destruction or amendment.