Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2016-09-18 and last amended on 2014-06-19. Previous Versions

MARSEC Level Coordination and Implementation of Procedures

  •  (1) The operator of a vessel shall, before the vessel interfaces with a marine facility, ensure that all procedures that are established in the vessel security plan for compliance with the MARSEC level in effect for that marine facility are implemented.

  • (2) When notified of an increase in the MARSEC level, the master of a vessel shall

    • (a) if the MARSEC level in effect at a marine facility with which the vessel is about to interface is raised to a level higher than the level in effect on the vessel, ensure that the vessel complies, without undue delay before interfacing with the facility, with all the procedures established in the vessel security plan for compliance with that higher MARSEC level;

    • (b) if the vessel is in Canadian waters, notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard if all the procedures established in the vessel security plan for compliance with that higher MARSEC level have not been implemented;

    • (c) if the vessel is a Canadian ship in the waters of a contracting government, notify the relevant maritime authority of that government;

    • (d) if the vessel is a Canadian ship in other waters, notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard; and

    • (e) brief all vessel personnel on identified security threats, emphasize reporting procedures and stress the need for increased vigilance.

  • (3) If there has been a change in the MARSEC level from that reported in the pre-arrival information required by section 221, the master shall immediately notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard.

  • SOR/2014-162, s. 21.

Communications

  •  (1) The vessel security officer shall have the means to notify all vessel personnel of changes in security conditions on board the vessel.

  • (2) The vessel shall have communication systems and procedures that allow for effective communications

    • (a) between personnel with security responsibilities with respect to the vessel and marine facilities, ports and other vessels interfacing with the vessel; and

    • (b) with the Minister and local law enforcement agencies.

  • (3) The communication systems shall have a backup to ensure internal and external communications.

Pre-arrival Information

  •  (1) The master of a vessel shall ensure that the vessel does not enter Canadian waters unless the master reports pre-arrival information at the following time to the Minister in accordance with the instructions set out in the most recent edition of the Canadian Coast Guard Radio Aids to Marine Navigation:

    • (a) if the duration of the segment of the voyage before entering Canadian waters is less than 24 hours, as soon as practicable before entering Canadian waters but no later than the time of departure from the last port of call;

    • (b) if the duration of the segment of the voyage before entering Canadian waters is less than 96 hours but more than 24 hours, at least 24 hours before entering Canadian waters; or

    • (c) at least 96 hours before entering Canadian waters.

  • (2) The master of a vessel shall ensure that the following pre-arrival information in respect of the vessel is reported under subsection (1):

    • (a) its name;

    • (b) its country of registry;

    • (c) the name of its registered owner;

    • (d) the name of its operator;

    • (e) the name of its classification society;

    • (f) its international radio call sign;

    • (g) the number of its International Ship Security Certificate or interim International Ship Security Certificate, of its Canadian Vessel Security Certificate or interim Canadian Vessel Security Certificate, or of its ship security compliance document or interim ship security compliance document;

    • (h) its International Maritime Organization ship identification number, if it is a SOLAS ship;

    • (h.1) as applicable, the International Maritime Organization Unique Company Identification Number of its company and the International Maritime Organization Unique Registered Owner Identification Number of its owner, as defined in Regulation 3-1 of Chapter XI-1 of SOLAS;

    • (i) the date of issuance, date of expiry and name of the issuing body of its International Ship Security Certificate or interim International Ship Security Certificate, of its Canadian Vessel Security Certificate or interim Canadian Vessel Security Certificate, or of its ship security compliance document or interim ship security compliance document;

    • (j) confirmation that the vessel has an approved vessel security plan;

    • (k) the current MARSEC level;

    • (l) a statement of when its last 10 declarations of security were completed;

    • (m) details of any security breach, security incident or security threat involving the vessel during the last ten calls at marine facilities and during the time spent at sea between those calls;

    • (n) [Repealed, SOR/2014-162, s. 22]

    • (o) details of any deficiencies in its security equipment and systems, including the communication systems, and the way in which the master of the vessel intends to correct them;

    • (p) if applicable, the name of its agent and their 24-hour telephone and facsimile numbers;

    • (q) if applicable, the name of its charterer;

    • (r) the date on which the information is reported and the latitude and longitude of the vessel at the time that it is reported;

    • (s) the vessel’s course and speed;

    • (t) its first port of call in Canada, with the estimated time of arrival at that port of call, and, if applicable, its final destination, with the estimated time of arrival at that destination;

    • (u) the name of a contact person at the marine facility that it will visit and their 24-hour telephone and facsimile numbers;

    • (v) the following information in respect of its last 10 marine facilities visited:

      • (i) the receiving facility,

      • (ii) the marine facility visited,

      • (iii) the city and country,

      • (iv) the date and time of arrival, and

      • (v) the date and time of departure;

    • (w) a general description of the cargo, including the cargo amount;

    • (x) if applicable, the presence and description of any dangerous substances or devices on board; and

    • (y) the following contact information:

      • (i) the name of the master,

      • (ii) an email address, if applicable, and

      • (iii) a satellite or cellular telephone number, if applicable.

  • (3) If there is any change in the pre-arrival information reported under subsection (1), the master of a vessel shall ensure

    • (a) that the change is reported to the Minister in accordance with the instructions set out in the most recent edition of the Canadian Coast Guard publication entitled Radio Aids to Marine Navigation;

    • (b) that the vessel does not enter Canadian waters unless the change has been reported to the Minister; and

    • (c) in the case of a change that has occurred after the vessel has entered Canadian waters, that the change is reported to the Minister before the vessel’s first interface with a marine facility in Canada.

  • (4) This section does not apply to vessels operating solely on the Great Lakes or to the portions of a vessel’s voyage on the Great Lakes after pre-arrival information has been given prior to its entrance into the St. Lawrence Seaway.

  • SOR/2006-269, s. 4(F);
  • SOR/2006-270, s. 3;
  • SOR/2014-162, s. 22.

Vessel Security Alert System

[SOR/2006-269, s. 5(F)]
  •  (1) For the purposes of this section, a vessel is constructed on the earliest of

    • (a) the day on which its keel is laid,

    • (b) the day on which construction identifiable with a specific vessel begins, and

    • (c) the day on which the assembly of the vessel reaches the lesser of 50 tonnes and 1 per cent of the estimated mass of all structural material of the vessel.

  • (2) The operator of a vessel shall ensure that the vessel is equipped with a vessel security alert system

    • (a) not later than the day of the first survey of its radio installation after July 1, 2004 if the vessel was constructed before July 1, 2004 and is

      • (i) a passenger vessel, including a passenger high-speed craft, or

      • (ii) an oil tanker, a chemical tanker, a gas carrier, a bulk carrier or a cargo high-speed craft that is 500 tons gross tonnage or more;

    • (b) not later than the day of the first survey of its radio installation after July 1, 2006 if the vessel was constructed before July 1, 2004 and is

      • (i) a cargo vessel, other than one referred to in subparagraph (a)(ii), that is 500 tons gross tonnage or more, or

      • (ii) a mobile offshore drilling unit; or

    • (c) before it is operated if the vessel was constructed on or after July 1, 2004.

  • (3) A vessel’s radio installation may be used as the vessel security alert system if it meets the requirements of Chapter IV of SOLAS and those of sections 223 to 225.

 
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