Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2014-09-01 and last amended on 2014-06-19. Previous Versions

Submission and Approval

  •  (1) If the Minister is satisfied that a marine facility security plan meets the requirements of this Part, the Minister shall approve the 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) Subject to subsection 351(7), a plan is valid for the period fixed by the Minister, not exceeding 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 marine facility’s operations and the industry in which it operates;

    • (b) the operator’s security record;

    • (c) the marine facility’s security record;

    • (d) the complexity of the marine facility security plan and the details of its procedures; and

    • (e) the findings of the marine facility security assessment.

  • (3) The Minister shall issue, in English or French, an interim statement of compliance in respect of a marine facility if the marine facility 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 marine facility.

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

  • SOR/2014-162, s. 37.

Required Documentation

 No person shall operate a marine facility, except an occasional-use marine facility, without a valid interim statement of compliance issued under subsection 352(3) or a valid statement of compliance issued under subsection 352(5).

  • SOR/2014-162, s. 38.

[354 reserved]

Occasional-Use Marine Facilities

Operator

 The operator of an occasional-use marine facility shall

  • (a) establish an administrative and organizational structure for security at the marine facility;

  • (b) provide every person who has responsibilities under this Part with the support needed to fulfil their responsibilities;

  • (c) designate in writing an occasional-use marine facility security officer by name or by a position other than the position for which the designation is being made;

  • (d) ensure that the implementation of the marine facility security procedures is coordinated with vessels interfacing with the marine facility;

  • (e) coordinate, with the master of a vessel and, if applicable, the port security officer, shore leave for vessel personnel or crew change, as well as access through the marine facility of visitors to vessels, including representatives of seafarers’ welfare and labour organizations;

  • (f) provide information respecting the security of the facility to those persons who need it to comply with these Regulations; and

  • (g) clearly mark with signs each restricted area at the marine facility.

  • SOR/2014-162, s. 39.