Marine Transportation Security Regulations (SOR/2004-144)

MARSEC Level 2

250 At MARSEC level 2, the following additional security procedures with respect to the delivery of ships’ stores shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations:

• (a) intensified inspections of ships’ stores during delivery; and

• (b) the inspection of ships’ stores before they are received on board.

MARSEC Level 3

251 At MARSEC level 3, the following additional security procedures with respect to the delivery of ships’ stores and bunkers shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations:

• (a) more extensive inspections of ships’ stores; and

• (b) the restriction or suspension of handling of ships’ stores and bunkers or refusal to accept them on board.

Security Procedures for Monitoring

General

• 252 (1) At all MARSEC levels, security procedures shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations, to continuously monitor the vessel, the restricted areas on board the vessel and the area surrounding the vessel through a combination of lighting, watchkeepers, security guards, deck watches, automatic intrusion-detection devices, surveillance equipment and waterborne patrols.

• (2) The following shall be considered when establishing the appropriate level and location of lighting:

  • (a) vessel personnel shall be able to detect activities on and around the vessel, on both the shoreside and the waterside;

  • (b) the lighting shall facilitate personnel identification at access points;

  • (c) the lighting may be provided through coordination with a marine facility or port administration; and

  • (d) when lighting is necessary and the vessel is underway, the lighting shall be the maximum available that is consistent with safe navigation, taking into account the International Regulations for Preventing Collisions at Sea, 1972.

MARSEC Level 1

• 253 (1) At MARSEC level 1, the following security procedures for monitoring the vessel shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations:

  • (a) preparing to conduct emergency searches of the ship;

  • (b) identifying and fixing any system failures or malfunctions of monitoring equipment;

  • (c) continual monitoring of any automatic intrusion detection device that sets off an audible or visual alarm, or both; and

  • (d) lighting the deck and vessel access points during the period between sunset and sunrise and periods of limited visibility sufficiently to allow the visual identification of persons seeking to board the vessel.

• (2) These security procedures may be coordinated with a marine facility or a port administration.

MARSEC Level 2

254 At MARSEC level 2, the following additional security procedures for monitoring the vessel shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations:

• (a) an increase in the frequency and detail of security patrols;

• (b) an increase in the coverage and intensity of lighting;

• (c) the use of or the increased use of security and surveillance equipment;

• (d) the assignment of additional personnel as security lookouts; and

• (e) the coordination of monitoring with boat patrols, and with foot or vehicle patrols, if provided by a marine facility or a port administration.

MARSEC Level 3

255 At MARSEC level 3, the following additional security procedures for monitoring the vessel shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations:

• (a) cooperation with response organizations, marine facilities and port administrations;

• (b) switching on all lights on the vessel;

• (c) the illumination of the vicinity of the vessel;

• (d) the use of all surveillance equipment capable of recording activities on, or in the vicinity of, the vessel;

• (e) the maximization of the length of time the surveillance equipment can continue to record;

• (f) preparations to conduct an underwater inspection of the hull; and

• (g) measures to deter underwater access to the hull, including slow revolutions of the vessel’s propellers, if practicable.

Security Procedures for Security Threats, Security Breaches and Security Incidents

256 At all MARSEC levels, security procedures shall be established in the vessel security plan, as appropriate to the vessel’s operations, for the vessel security officer and persons who have security responsibilities with respect to the vessel to

• (a) respond to security threats, security breaches and security incidents and maintain critical vessel and vessel-to-facility interface operations, including by

  • (i) prohibiting entry into the affected area,

  • (ii) denying access to the vessel, except to persons responding to the threat, breach or incident,

  • (iii) implementing MARSEC level 3 security procedures throughout the vessel,

  • (iv) stopping cargo-handling operations, and

  • (v) notifying shoreside authorities or other vessels of the threat, breach or incident;

• (b) evacuate the vessel in case of security threats, security breaches or security incidents, if the life of persons on board is threatened;

• (c) report any security threats or security incidents involving the vessel to the Minister without undue delay;

• (d) brief vessel personnel on potential security threats and the need for vigilance and their assistance in reporting suspicious persons, objects or activities; and

• (e) suspend non-critical operations in order to focus response on critical operations.

Submission and Approval

• 257 (1) The company security officer shall submit a vessel security plan to the Minister

  • (a) in the case of a voyage that started before July 1, 2004, no later than July 1, 2004;

  • (b) in the case of a voyage that starts after June 30, 2004 and before September 1, 2004, before the voyage starts; and

  • (c) in the case of a voyage that starts on or after September 1, 2004, at least 60 days before the voyage starts.

• (2) The Minister shall approve a vessel security plan that meets the requirements of sections 234 and 235.

• (3) Subject to subsection 259(5), a plan is valid for the period fixed by the Minister, not exceeding five years after the date on which it is approved by the Minister. In fixing the period, the Minister shall consider the following:

  • (a) the vessel’s operations and the industry in which it operates;

  • (b) the vessel’s ports of call and usual routes;

  • (c) the operator’s security record;

  • (d) the vessel’s security record;

  • (e) the complexity of the vessel security plan and the details of its procedures; and

  • (f) the findings of the vessel security assessment.

Audits and Amendments

• 258 (1) The company security officer shall ensure that an audit of the vessel security plan is performed annually.

• (2) If the plan meets the requirements of sections 234 and 235, the company security officer shall attach a letter to it certifying that it meets those requirements.

• (3) The company security officer shall ensure that an audit of the vessel security plan is performed if there is a new operator or if there have been modifications to the vessel, including to its physical structure, emergency response procedures or security procedures or operations. An audit of the plan as a result of modifications to the vessel may be limited to the provisions of the plan affected by the modifications.

• (4) Persons that perform audits of the security procedures established in the vessel security plan

  • (a) shall have knowledge of the methods of conducting audits and inspections and control access and monitoring techniques; and

  • (b) shall be independent of the security procedures being audited unless that is impracticable because of the size and nature of the vessel.

• 259 (1) If an audit finds that the vessel security plan no longer meets the requirements of sections 234 and 235, the vessel security officer shall ensure that amendments are submitted to the company security officer within 30 days after the day on which the audit is completed.

• (2) The operator of a vessel may make amendments to a vessel security plan approved under section 257. The operator shall submit the amendments to the Minister 30 days, or any shorter period that the Minister allows, before the day on which they are to take effect.

• (3) The operator of a vessel shall submit amendments to the Minister within 60 days after the day on which the Minister informs the operator in writing that a vessel security plan approved under section 257 no longer meets the requirements of sections 234 and 235.

• (4) The Minister shall approve the amended plan if it meets the requirements of sections 234 and 235, unless approving the plan is not in the public interest and is likely to adversely affect marine transportation security.

• (5) If amendments are required under subsection (1) or (3) and they are not submitted or the amended plan is not approved, the plan ceases to be valid on the day on which the operator of the vessel receives notification that the plan is no longer valid.

Additional and Alternative Requirements in respect of Passenger Vessels and Ferries

• 260 (1) In this section, passenger vessel does not include a cruise ship.

• (2) At all MARSEC levels, after any period during which a passenger vessel or a ferry was unattended, its vessel security officer shall ensure that security sweeps are performed in order to confirm the absence of security threats, dangerous substances or devices before the vessel gets underway.

• (3) At MARSEC level 1, instead of the identification verifications and authorized screening requirements referred to in paragraphs 237(a), (b) and (h), the vessel security plan of a passenger vessel or a ferry may establish

  • (a) security procedures to search selected areas before passengers embark; and

  • (b) at least one of the following security procedures:

    • (i) conducting routine security patrols,

    • (ii) using additional closed-circuit video cameras to monitor passenger areas, and

    • (iii) securing all non-passenger areas.

• (4) At MARSEC level 2, the vessel security plan of a passenger vessel or a ferry shall establish security procedures to search selected areas before passengers embark and, if the plan is establishing procedures under subsection (3), to increase the patrols and monitoring referred to in paragraph (3)(b) and the security sweeps referred to in subsection (2).

• (5) At MARSEC level 3, if the vessel security plan of a passenger vessel or a ferry has established procedures under subsection (3), the plan shall establish random enhanced security patrols, which need not consist of vessel personnel.

Additional Requirements in respect of Cruise Ships

Weapons, Explosives and Incendiaries

• 261 (1) Subject to subsections (2) and (3), no person shall possess or carry a weapon, explosives or incendiaries on board a cruise ship.

• (2) Members of a law enforcement agency in the performance of their duties may possess or carry a weapon on board a cruise ship.

• (3) Persons who are engaged in the handling or transportation of cash, negotiable instruments or other valuable goods and who require firearms to protect their lives in the course of that handling or transportation may possess or carry firearms on board a cruise ship that is docked when they are handling or transporting the goods on behalf of the cruise ship operator.

• (4) Every cruise ship operator shall ensure that authorized screening of each person and their goods is carried out to ensure compliance with subsection (1).

262 A person who is embarking on or is on board a cruise ship shall not falsely declare

• (a) that they are carrying, or have in their goods, a weapon, explosives or incendiaries;

• (b) that another person who is embarking on or is on board a cruise ship is carrying, or has in their goods, a weapon, explosives or incendiaries; or

• (c) that weapons, explosives or incendiaries have been placed on board a cruise ship.

Authorized Screening

• 263 (1) A cruise ship operator shall remove from duty a screening officer who does not conduct an authorized screening in accordance with any security measures that may be formulated under section 7 of the Act and shall not allow the screening officer to conduct any authorized screening before the screening officer is retrained to meet the standards described in the measures.

• (2) A cruise ship operator shall maintain an up-to-date list containing the names of screening officers and shall provide the list to the Minister on request.

Security Procedures for Access Control

264 At all MARSEC levels, the cruise ship operator shall establish the following security procedures to control access to the cruise ship:

• (a) security patrols; and

• (b) searches of selected areas before passengers embark and before the vessel gets underway.

Security Briefs

265 When the MARSEC level is raised to MARSEC level 3, the vessel security officer of a cruise ship shall ensure that security briefs are provided to passengers about the security threat that resulted in the MARSEC level being raised, except where passengers might be put in danger.

Access

Prohibition

266 The operator of a SOLAS ship or a non-SOLAS ship shall not allow a person to board the ship unless the person is

• (a) a member of the crew of the ship;

• (b) a contractor or service provider engaged to perform work on the ship;

• (c) a person referred to in any of paragraphs 267(1)(a) to (e); or

• (d) any other person authorized by the operator or the master of the ship to come on board.

• 267 (1) No person shall enter or remain in a restricted area on a SOLAS ship or a non-SOLAS ship unless the person is

  • (a) a member of the crew authorized to do so in accordance with the security procedures established in the vessel security plan;

  • (b) a person other than a member of the crew who is escorted by an individual authorized to do so in accordance with the security procedures established in the vessel security plan;

  • (c) an inspector designated under subsection 22(1) of the Act who is on duty;

  • (d) a member of any of the following groups who is on duty on board the ship or at a marine facility during an interface with the ship:

    • (i) any police force in Canada,

    • (ii) the Canadian Security Intelligence Service,

    • (iii) the Canadian Forces within the meaning of Part II of the National Defence Act, or

    • (iv) the Canada Border Services Agency; or

  • (e) a provider of emergency services who requires access to the restricted area for the protection and preservation of life or property.

• (2) No person shall provide another person with access to a restricted area or assistance in entering a restricted area unless that other person is a person referred to in any of paragraphs (1)(a) to (e).