Marine Transportation Security Regulations (SOR/2004-144)

Interpretation

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Marine Transportation Security Act. (Loi)

  approved training course

  approved training course means a course that has been approved under section 803 and that is given by a recognized institution. (cours de formation approuvé)

  breach of security

  breach of security[Repealed, SOR/2014-162, s. 2]

  CDC facility

  CDC facility means a marine facility where any of the following operations are carried out:

  • (a) the manufacture or storage of certain dangerous cargoes intended to be transferred to a vessel to which Part 2 applies;

  • (b) the storage of certain dangerous cargoes transferred from a vessel to which Part 2 applies; or

  • (c) the transfer of certain dangerous cargoes to or from a vessel to which Part 2 applies. (installation CCD)

  CDC residue

  CDC residue means

  • (a) in respect of CDCs having the UN number UN1942, UN2067, UN2426 or UN3375 that are carried in a large means of containment and are intended for sale, residue that remains on board a vessel after the CDCs are unloaded, that does not exceed 450 kg in total quantity, and each of whose accumulations has a volume that does not exceed 0.05 m³; or

  • (b) in respect of liquids and liquefied gases that are carried in a large means of containment, residue that remains in the cargo unloading system after the liquids and liquefied gases are unloaded and that is not accessible using normal transfer procedures, with the exception of the residue of liquefied gases having the UN number UN1005, UN1017, UN1035, UN1040, UN1062, UN1079, UN1086 or UN1971. (résidu de CCD)

  certain dangerous cargoes

  certain dangerous cargoes[Repealed, SOR/2014-162, s. 2]

  certain dangerous cargoes

  certain dangerous cargoesorCDCs  means the dangerous goods that are set out in Schedule 4 and that are listed in Schedule 1 to the Transportation of Dangerous Goods Regulations or in Part 3 of the IMDG Code. (certaines cargaisons dangereusesouCCD)

  container

  container means a structure for transporting commodities on trucks, railcars or vessels that meets the requirements set out in the Safe Containers Convention Act. (conteneur)

  container terminal

  container terminal means any marine facility that accepts containers for transport. (terminal pour conteneurs)

  contracting government

  contracting government means the government of a state that is a signatory to SOLAS. (gouvernement contractant)

  cruise ship

  cruise ship means a vessel to which Part 2 applies and that has sleeping facilities for over 100 persons who are not crew members, but does not include a ferry. (navire de croisière)

  cruise ship terminal

  cruise ship terminal means a marine facility that interfaces with cruise ships. (terminal pour navires de croisière)

  dangerous goods

  dangerous goods means dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

  declaration of security

  declaration of security means an agreement between a vessel and a marine facility or another vessel that is required by section 228 or 315. (déclaration de sûreté)

  ferry

  ferry means a vessel that is used exclusively for the carriage of passengers, vehicles, or passengers in vehicles and that operates on a fixed schedule between two or more points. (traversier)

  ferry facility

  ferry facility means a marine facility that interfaces with ferries to which Part 2 applies. (installation pour traversiers)

  fishing vessel

  fishing vessel has the meaning assigned by subsection 1(1) of the Marine Personnel Regulations. (bâtiment de pêche)

  government vessel

  government vessel means a vessel, other than one operated for a commercial purpose,

  • (a) that is owned by and is in the service of Her Majesty in right of Canada or that is in the exclusive possession of Her Majesty in that right; or

  • (b) that is owned by and is in the service of a foreign government or that is in the exclusive possession of a foreign government. (bâtiment d’État)

  IMDG Code

  IMDG Code means the International Maritime Dangerous Goods Code, published by the International Maritime Organization, as amended from time to time. (Code IMDG)

  interface

  interface means the interaction that occurs between a vessel and a marine facility, or between a vessel and another vessel, throughout the time that the vessel is alongside the marine facility or throughout the vessel-to-vessel activity, and includes the activities affected by the movement of persons and their goods, by the movement of cargo or by the provision of services to and from the vessel. (interface)

  international voyage

  international voyage means a voyage

  • (a) undertaken between a marine facility in Canada and a place outside Canada, or between places outside Canada, by a vessel that is entitled to fly the Canadian flag; or

  • (b) undertaken in Canadian waters by a vessel that is entitled to fly the flag of a foreign state. (voyage international)

  ISPS Code

  ISPS Code means the International Ship and Port Facility Security Code, as incorporated into SOLAS. (Code ISPS)

  key

  key means a device, including a card, that is designed to allow entry to a restricted area and is issued to an individual by an operator of a marine facility or vessel or port administration. (clé)

  large means of containment

  large means of containment has the meaning assigned by section 1.4 of the Transportation of Dangerous Goods Regulations. (grand contenant)

  marine security document

  marine security document means any certificate, document or letter issued by the Minister under these Regulations. (document de sûreté maritime)

  MARSEC level

  MARSEC level means the level of security requirements that is set by the Minister to reflect the threat environment for vessels, marine facilities and ports. (niveau MARSEC)

  MARSEC level 1

  MARSEC level 1 means the level for which minimum security requirements are required to be implemented in accordance with the approved security plan or approved security procedures. (niveau MARSEC 1)

  MARSEC level 2

  MARSEC level 2 means the level for which additional security requirements are required to be implemented as a result of heightened risk in accordance with the approved security plan or approved security procedures. (niveau MARSEC 2)

  MARSEC level 3

  MARSEC level 3 means the level for which additional security requirements are required to be implemented as a result of a security threat that is probable or imminent, whether or not the specific target is identified, in accordance with the approved security plan or approved security procedures. (niveau MARSEC 3)

  non-SOLAS ship

  non-SOLAS ship means a vessel that is not a SOLAS ship, that is engaged on an international voyage, and that

  • (a) is more than 100 gross tonnage but is not a towing vessel;

  • (b) is carrying more than 12 passengers; or

  • (c) is a towing vessel engaged in towing astern or alongside, or pushing ahead, a barge that is carrying certain dangerous cargoes. (navire non ressortissant à SOLAS)

  occasional-use marine facility

  occasional-use marine facility means a marine facility that, in a calendar year, has 10 or fewer interfaces with vessels to which Part 2 applies. (installation maritime à usage occasionnel)

  operator

  operator means, in respect of a vessel,

  • (a) the actual owner, if the vessel is not registered, or the registered owner, if the vessel is registered;

  • (b) a person having a beneficial interest in the vessel, including an interest arising under contract and any other equitable interest, other than an interest by way of a mortgage;

  • (c) a lessee or charterer of the vessel who is responsible for its navigation; or

  • (d) if the vessel is a barge referred to in paragraph (c) of the definition non-SOLAS ship, the master or any other person who has command or charge of the vessel that is towing or pushing the barge. (exploitant)

  passenger

  passenger has the meaning assigned by section 2 of the Canada Shipping Act, 2001. (passager)

  passenger facility

  passenger facility means a marine facility that interfaces with passenger vessels to which Part 2 applies. (installation pour passagers)

  pleasure craft

  pleasure craft has the meaning assigned by section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance)

  port

  port means

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

  • (b) a public port designated under regulations made 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

  • (c) a group of marine facilities, in close proximity to each other, whose operators agree with each other to be subject to sections 362 to 375. (port)

  port administration

  port administration means

  • (a) the operator of a marine facility that is a port authority incorporated under section 8 of the Canada Marine Act;

  • (b) an employee of the Department of Transport who is designated by the Minister as the security officer for a port as defined in paragraph (c) of the definition port; or

  • (c) in the absence of a port administration described in paragraph (a) or (b), the operator of a marine facility who is identified in an agreement referred to in paragraph (c) of the definition port to act as the port administration of the port. (organisme portuaire)

  recognized institution

  recognized institution means a training institution that is designated as a recognized institution by the Minister under section 803.1 and that administers, in accordance with the requirements and established practices of the domestic and international marine industry, approved training courses for the purpose of providing the training necessary to obtain a certificate of proficiency issued under Part 8. (établissement reconnu)

  restricted area pass

  restricted area pass means a document issued by an operator of a marine facility or vessel or port administration that entitles the holder, during a specified period, to have access to specific restricted areas in vessels, marine facilities or ports. (laissez-passer de zone réglementée)

  security breach

  security breach means a violation of these Regulations, of a security measure formulated under subsection 7(1) of the Act, of a security rule formulated under subsection 10(2) or (3) of the Act, or of a security procedure set out in an approved security plan or approved under subsection 360(1), that does not result in a security incident. (infraction à la sûreté)

  security clearance

  security clearance[Repealed, SOR/2014-162, s. 2]

  security incident

  security incident means an event during which the security of a vessel, marine facility or port is compromised. (incident de sûreté)

  security threat

  security threat means any suspicious act or circumstance that could compromise the security of a vessel, marine facility, port or interface. (menace contre la sûreté)

  SOLAS

  SOLAS means the International Convention for the Safety of Life at Sea, 1974, as amended from time to time. (SOLAS)

  SOLAS ship

  SOLAS ship means a vessel that

  • (a) is 500 gross tonnage or more or is carrying more than 12 passengers; and

  • (b) is engaged on an international voyage other than a voyage solely on the Great Lakes and the St. Lawrence River as far seaward as a straight line drawn from Cap-des-Rosiers to West Point, Anticosti Island, and from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude 63° W. (navire ressortissant à SOLAS)

  STCW Code

  STCW Code means the Seafarers’ Training, Certification and Watchkeeping Code, published by the International Maritime Organization, as amended from time to time. (Code STCW)

  STCW Convention

  STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, published by the International Maritime Organization, as amended from time to time. (Convention STCW)

  towing vessel

  towing vessel means a vessel that tows another vessel astern or alongside or that pushes another vessel ahead. (bâtiment remorqueur)

  transportation security clearance

  transportation security clearance means a security clearance granted by the Minister under section 509. (habilitation de sécurité en matière de transport)

  vessel personnel without security responsibilities

  vessel personnel without security responsibilities means crew members, other than the vessel security officer or the company security officer, who do not have security responsibilities under the vessel’s security plan. (personnel du bâtiment n’ayant pas des responsabilités en matière de sûreté)

  vessel personnel with security responsibilities

  vessel personnel with security responsibilities means crew members, other than the vessel security officer or the company security officer, who have security responsibilities under the vessel’s security plan. (personnel du bâtiment ayant des responsabilités en matière de sûreté)

• (2) For the purpose of interpreting the ISPS Code, company shall be read to mean operator.

• (3) For the purposes of the definition international voyage in subsection (1), a vessel that is entitled to fly the Canadian flag

  • (a) begins its international voyage at the beginning of its last interface with a marine facility in Canada before it engages on the voyage; and

  • (b) ends its international voyage at the end of its first interface with a marine facility in Canada when it returns from the voyage.

• (4) For the purposes of the definition certain dangerous cargoesorCDCs in subsection (1), a reference to a UN number in Schedule 4 is a reference to the goods that are listed in Schedule 1 to the Transportation of Dangerous Goods Regulations or in Part 3 of the IMDG Code.

2 For greater certainty, nothing in these Regulations derogates from any right otherwise provided to a representative of seafarers’ welfare and labour organizations to access a vessel or a marine facility, unless there is an immediate threat to the safety and security of the vessel or marine facility.

[3 to 10 reserved]

PART 1General

MARSEC Level, Official Languages and Prescribed Grounds

11 The operator of a vessel to which Part 2 applies and the operator of a marine facility or a port administration to which Part 3 applies shall maintain MARSEC level 1 at all times unless a higher MARSEC level is required by the Minister.

12 The operator of a vessel that is entitled to fly the Canadian flag and to which Part 2 applies, and the operator of a marine facility to which Part 3 applies, other than the operator of a marine facility that is referred to in paragraph (a) of the definition port administration in subsection 1(1) or the security officer referred to in paragraph (b) of that definition, shall ensure that, where there is a significant demand from at least 5 per cent of the travelling public for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations,

• (a) authorized screening is carried out by means that effectively enable communication with members of the public in the official language of their choice; and

• (b) printed or pre-recorded material is provided in both official languages if the material is used in respect of authorized screening.

13 For the purposes of subsection 47(1) of the Act, the prescribed grounds are those that exist when a decision is made in consideration of the possibility of an immediate risk to the security of marine transportation.

Suspension or Cancellation of Marine Security Documents

• 14 (1) The Minister shall suspend or cancel a marine security document issued to the operator of a vessel or marine facility, or to a port administration, if the Minister has reasonable grounds to believe that

  • (a) the document was obtained by any fraudulent or improper means or by a misrepresentation of any material fact;

  • (b) the document was altered, rendered illegible or lost;

  • (c) the operator or port administration

    • (i) is not in compliance with its approved security plan or, in the case of an occasional-use marine facility, its security procedures approved under subsection 360(1), or

    • (ii) conducts its activities in a way that constitutes, or is likely to constitute, a threat to marine transportation security; or

  • (d) the requirements for issuance of the document are no longer met.

• (2) The Minister shall notify the operator or the port administration of the suspension or cancellation by notice served in accordance with section 701. The notice shall include

  • (a) the grounds for the suspension or cancellation and the date on which the suspension or cancellation takes effect; and

  • (b) the address at which, and the date — being 30 days after the day on which the notice is served — on or before which, the operator or port administration may file a request to the Tribunal for a review of the suspension or cancellation.

• (3) The suspension or cancellation takes effect

  • (a) no later than 30 days after the day on which the notice is served, if the ground for the suspension or cancellation is one of the grounds set out in paragraph (1)(a) or (b), subparagraph (1)(c)(i) or paragraph (1)(d); or

  • (b) at the time the notice is served, if the ground for the suspension or cancellation is the ground set out in subparagraph (1)(c)(ii).

• (4) If a marine security document is suspended or cancelled, the operator or port administration to which it was issued shall return it immediately to the Minister.

Reviews and Appeals

15 The Tribunal has jurisdiction in respect of reviews and appeals under sections 16 to 19.

• 16 (1) The operator of a vessel or marine facility, or a port administration, may file with the Tribunal a written request for a review of a suspension or cancellation referred to in subsection 14(1) on or before the date specified in the notice of suspension or cancellation or within any further time that the Tribunal allows on application.

• (2) A request for a review does not operate as a stay of the suspension or cancellation.

• 17 (1) On receipt of a request filed under section 16, the Tribunal shall appoint a time and place for the review and shall notify in writing the Minister and the operator of the vessel or marine facility, or the port administration, of the time and place.

• (2) The assigned member of the Tribunal shall confirm the suspension or cancellation or refer the matter back to the Minister for reconsideration.

• 18 (1) Within 30 days after the day on which a determination is made under subsection 17(2), the operator of the vessel or marine facility, or the port administration, may appeal the determination to the Tribunal.

• (2) A party who does not appear at a review hearing is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

• (3) The appeal panel of the Tribunal assigned to hear the appeal shall dismiss it or refer the matter back to the Minister for reconsideration.

19 If a matter is referred back to the Minister for reconsideration under subsection 17(2) or 18(3), the suspension or cancellation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of the suspension or cancellation until the reconsideration is concluded if the member or panel determines that granting a stay would not constitute a threat to marine transportation security.

[20 to 199 reserved]

PART 2Vessels

200 [Repealed, SOR/2014-162, s. 7]

Application

• 201 (1) This Part applies to vessels in Canada, and Canadian ships outside Canada, that are SOLAS ships or non-SOLAS ships.

• (2) This Part does not apply to

  • (a) a pleasure craft, a fishing vessel, a vessel that is owned or operated by a government and used only on government non-commercial service, a vessel without a crew that is in dry dock, dismantled or laid-up, or a vessel that is subject to a security arrangement concluded between the Government of Canada and a contracting government in application of Regulation 11 of Chapter XI-2 of SOLAS; or

  • (b) a vessel that is entitled to fly the Canadian flag and that is engaged on a voyage between marine facilities in Canada, except when the vessel has an interface with a SOLAS ship or non-SOLAS ship that is entitled to fly the flag of a foreign state that is not subject to a security arrangement referred to in paragraph (a).

• (3) For the purposes of subsections 211(6) and 213(2), Administration means

  • (a) in respect of a SOLAS ship that is entitled to fly the Canadian flag, the Minister; or

  • (b) in respect of a SOLAS ship that is entitled to fly the flag of a foreign state, the contracting government of that state.

Ship Security Certificates

• 202 (1) The Minister shall issue an International Ship Security Certificate, in English or French, in respect of a Canadian ship that is a SOLAS ship if the requirements of paragraph 204(1)(b) and sections 205, 207 to 218, 220, 222 to 225 and 260 are met.

• (2) The Minister shall issue a Canadian Vessel Security Certificate, in English or French, in respect of a vessel that is entitled to fly the Canadian flag and is a non-SOLAS ship if the requirements of paragraph 204(1)(b) and sections 205, 207 to 218, 220 and 260 are met.

• (3) The Minister shall issue an interim International Ship Security Certificate or Canadian Vessel Security Certificate, as the case may be, in English or French, if the vessel security plan is approved but an inspection under section 23 of the Act has not yet been carried out to ensure compliance with the requirements referred to in subsection (1) or (2), as the case may be.

• (4) A certificate issued under subsection (1) or (2) is valid while the vessel security plan is valid.

• (5) An interim certificate issued under subsection (3) is valid until the expiry of six months after the day on which it is issued or until a certificate is issued under subsection (1) or (2), whichever comes first.

Compliance

• 203 (1) The operator of a SOLAS ship that is entitled to fly the Canadian flag shall ensure that the requirements of sections 204 to 268 are met.

• (2) The operator of a non-SOLAS ship that is entitled to fly the Canadian flag shall ensure that the requirements of sections 204 to 221 and 228 to 268 are met.

• (3) The operator of a SOLAS ship that is entitled to fly the flag of a foreign state shall ensure that the requirements of the following are met:

  • (a) section 204, paragraph 205(1)(e), subparagraph 205(1)(f)(ii), paragraphs 205(1)(h) and (i), subsections 206(1) to (4), paragraph 206(5)(b), subsection 211(1), paragraphs 211(3)(b), 212(h) to (h.2) and 213(1)(b), subsection 213(2), paragraph 214(1)(b) and sections 219, 221, 228 and 260 to 268; and

  • (b) sections 7 and 9 to 13, other than sections 7.8, 7.9 and 9.2, of Part A of the ISPS Code.

• (4) The operator of a non-SOLAS ship that is entitled to fly the flag of a foreign state shall ensure that the requirements of the following are met:

  • (a) section 204, paragraph 205(1)(e), section 206, subsections 211(1) and (2), 213(3) and 214(2) and sections 219, 221, 228 and 260 to 268; and

  • (b) sections 7 and 9 to 13, other than sections 7.8, 7.9, 9.2 and 9.4.16, of Part A of the ISPS Code.

• (5) In the event of any conflict between the requirements of the ISPS Code and the provisions of these Regulations, the provisions of these Regulations prevail to the extent of the conflict.

Documents to Be Carried on Board

• 204 (1) Every vessel shall carry on board

  • (a) the original of the certificate described in subsection (2);

  • (b) a vessel security plan approved

    • (i) in the case of a vessel entitled to fly the Canadian flag, by the Minister, and

    • (ii) in the case of a vessel entitled to fly the flag of a foreign state, by a contracting government or by a security organization referred to in section 9.2 of Part A of the ISPS Code;

  • (c) a continuous synopsis record issued by a contracting government, if the vessel is a SOLAS ship;

  • (d) a record of the last 10 calls at marine facilities;

  • (e) a copy of the last 10 declarations of security; and

  • (f) if the vessel is a SOLAS ship, the original of every certificate of proficiency required by this Part for the vessel security officer and for vessel personnel with or without security responsibilities.

• (2) The certificate referred to in paragraph (1)(a) is

  • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate issued under subsection 202(1) or (3);

  • (b) in the case of a non-SOLAS ship that is entitled to fly the Canadian flag, a certificate issued under subsection 202(2) or (3);

  • (c) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, an international ship security certificate, or an interim international ship security certificate, issued by the contracting government of that state; and

  • (d) in the case of a non-SOLAS ship that is entitled to fly the flag of a foreign state, a ship security compliance document, or an interim ship security compliance document, issued or approved by the contracting government of that state.

• (3) The vessel security officer on a SOLAS ship and a member of the vessel personnel with or without security responsibilities on a SOLAS ship shall, if they hold a certificate of proficiency, ensure that their certificate is carried on board.

Operator of a Vessel

• 205 (1) 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 his or her 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) implement and maintain the vessel security plan, including any corrective action referred to in paragraph 209(h), and, if applicable, the marine facility security plan or the 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 for the charter-party;

  • (f) in the case of a SOLAS ship, ensure that the vessel security officer and vessel personnel with or without security responsibilities have the ability to maintain their effectiveness while performing their duties in accordance with the requirements set out

    • (i) in the case of a ship that is entitled to fly the Canadian flag, in the safe manning document issued under section 202 of the Marine Personnel Regulations, or

    • (ii) in the case of a ship that is entitled to fly the flag of a foreign state, in the safe manning document issued by the contracting government of that state;

  • (g) in the case of a vessel that is entitled to fly the Canadian flag, ensure that a vessel security plan is established;

  • (h) ensure that the vessel security officer and vessel personnel with or without security responsibilities meet the training requirements set out in sections A-VI/5 and A-VI/6 of the STCW Code; and

  • (i) clearly identify each restricted area on the vessel.

• (2) The operator of a SOLAS ship shall permanently mark the ship with the International Maritime Organization Ship Identification Number in accordance with Regulation 3 of Chapter XI-1 of SOLAS.

Master

• 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.

• (5) The master shall ensure that the vessel security officer and vessel personnel with or without security responsibilities carry on board

  • (a) in the case of a SOLAS ship entitled to fly the Canadian flag, their certificates of proficiency issued under Part 8; or

  • (b) in the case of a SOLAS ship entitled to fly the flag of a foreign state, their certificates of proficiency issued by the contracting government of that state.

Company Security Officer

General

• 207 (1) A company security officer may

  • (a) act in that capacity for more than one vessel if they are able to fulfil their responsibilities for each vessel;

  • (b) have other responsibilities within the vessel operator’s organization if they are able to fulfil the responsibilities of company security officer; and

  • (c) delegate tasks required by this Part.

• (2) A company security officer remains responsible for the performance of the tasks they delegate.

Qualifications

208 A company security officer shall have, by training or job experience, knowledge and competence that is relevant to the industry in which the vessel operates and is in the following areas:

• (a) the administrative and organizational structure for the security of the vessel;

• (b) the operations and operating conditions of vessels, ports and marine facilities;

• (c) the security procedures of vessels, ports, port administrations and marine facilities, including the meanings and the requirements of the different MARSEC levels;

• (d) emergency preparedness and response and contingency planning;

• (e) security equipment and systems and their operational limitations;

• (f) methods of conducting audits and inspections;

• (g) access control and monitoring techniques;

• (h) methods of conducting on site surveys and vessel security assessments;

• (i) methods of conducting physical searches and non-intrusive inspections;

• (j) conducting and assessing security drills and exercises, including exercises with marine facilities;

• (k) techniques for security training and education;

• (l) relevant international conventions, codes, standards and recommendations;

• (m) relevant legislation, regulations and security measures, rules and procedures;

• (n) the responsibilities and functions of municipal, provincial and federal law enforcement agencies;

• (o) methods for handling security-sensitive information and security-related communications;

• (p) current security threats and patterns;

• (q) the recognition and detection of weapons, explosives and incendiaries and other dangerous substances and devices;

• (r) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security; and

• (s) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems.

Responsibilities

209 A company security officer shall

• (a) provide the vessel security officer with information regarding security threats and other information relevant to the vessel’s security;

• (b) ensure that the vessel security assessment and any amendments are submitted to the Minister for approval;

• (c) ensure that the vessel security plan and any amendments are submitted to the Minister for approval;

• (d) ensure that the vessel security plan, as amended from time to time, is implemented;

• (e) ensure that security drills and exercises are conducted;

• (f) ensure that the vessel’s security activities are audited;

• (g) as soon as practicable after a deficiency in the vessel security plan is identified, amend the plan to correct the deficiency;

• (h) ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (g) until the vessel security plan is amended;

• (i) ensure security awareness and vigilance on board the vessel;

• (j) ensure that vessel personnel receive security training as required by this Part;

• (k) ensure that the security orientation referred to in section 214 is provided;

• (l) ensure that there is effective communication and cooperation between the vessel and marine facilities or other vessels with which the vessel interfaces;

• (m) ensure that there is consistency between the security requirements and the safety requirements;

• (n) if a vessel security plan is prepared for more than one vessel, ensure that the plan takes into account the characteristics specific to each vessel; and

• (o) in the case of a SOLAS ship, ensure that the safe manning document is applied in the development of security procedures.

Vessel Security Officer

General

• 210 (1) A vessel security officer

  • (a) shall be the master or a member of the crew;

  • (b) may also act as the vessel security officer for a vessel without a crew if

    • (i) they are able to fulfil their responsibilities for each vessel, and

    • (ii) each vessel’s security plan lists the other vessels for which they are responsible;

  • (c) may have other responsibilities within the vessel operator’s organization if they are able to fulfil the responsibilities of vessel security officer;

  • (d) may delegate tasks required by this Part; and

  • (e) in the case of a towing vessel, shall coordinate its security procedures with those of any vessels that it is towing or pushing.

• (2) A vessel security officer remains responsible for the performance of the tasks they delegate.

Qualifications

• 211 (1) A vessel security officer shall have knowledge of

  • (a) the layout of the vessel; and

  • (b) the vessel security plan and its requirements.

• (2) A non-SOLAS ship’s vessel security officer shall have, by training or job experience, knowledge and competence that are relevant to the industry in which the vessel operates and are in the following areas:

  • (a) those set out for a company security officer in paragraphs 208(a) to (m) and (o) to (s);

  • (b) crowd management and control techniques; and

  • (c) the operation, testing, calibration and maintenance of security equipment and systems.

• (3) Subject to subsection (6), a SOLAS ship’s vessel security officer shall hold

  • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a ship security officer issued under Part 8; and

  • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a ship security officer issued by the contracting government of that state.

• (4) and (5) [Repealed, SOR/2014-162, s. 14]

• (6) In circumstances of exceptional necessity, when a person who holds a certificate of proficiency as a ship security officer is temporarily unavailable to serve as vessel security officer on a SOLAS ship, the Administration may permit a member of the vessel’s personnel who has responsibilities respecting the security of the vessel and an understanding of the vessel security plan to serve as vessel security officer on the vessel until it arrives at the next port of call or for a period not exceeding 30 days. That member shall serve as the vessel security officer as permitted by the Administration, and the vessel’s master shall, as soon as possible, inform the relevant maritime authorities of the next ports of call of the arrangements in place.

• (7) [Repealed, SOR/2014-162, s. 14]

Responsibilities

212 A vessel security officer shall

• (a) while the vessel is in operation, conduct inspections of the vessel at the frequency specified in the vessel security plan to ensure compliance with the requirements of this Part;

• (b) implement the vessel security plan, as amended from time to time;

• (c) conduct audits of the vessel security plan as required by this Part;

• (d) coordinate the implementation of the vessel security plan with the company security officer and, if applicable, with the port security officer and the marine facility security officer;

• (e) as soon as practicable after a deficiency in the vessel security plan is identified, report it to the company security officer and implement the action necessary that is required to correct the deficiency until the plan is amended;

• (f) propose amendments to the vessel security plan to the company security officer to correct any deficiencies;

• (g) ensure security awareness and vigilance on board the vessel, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions on board;

• (h) ensure that appropriate security training or orientation is provided to the vessel’s personnel in accordance with this Part;

• (h.1) ensure that all persons employed or engaged on board a vessel, including contractors, receive security orientation that is appropriate to their duties and the time they have spent on board the vessel, in order to be able to

  • (i) report a security incident,

  • (ii) know the procedures to follow when there is a security threat, and

  • (iii) take part in security-related emergency and contingency procedures;

• (h.2) ensure that all vessel personnel with security responsibilities receive, before carrying out any of those responsibilities, security orientation that is appropriate to their duties;

• (i) report security threats and security incidents to the master, the company security officer, the appropriate law enforcement agencies, the Minister and, if applicable, the port administration, as soon as possible after they occur so that an investigation can be conducted;

• (j) report security breaches to the Minister and, if applicable, the port administration, as soon as possible after they occur;

• (k) ensure that security equipment is operated, tested, calibrated and maintained in compliance with the vessel security plan; and

• (l) conduct security drills and exercises.

Vessel Personnel with Security Responsibilities

• 213 (1) A member of the vessel personnel with security responsibilities on a SOLAS ship shall hold

  • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a member of the vessel personnel with security responsibilities issued under Part 8; or

  • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a member of the ship personnel with security responsibilities issued by the contracting government of that state.

• (2) In circumstances of exceptional necessity, if a member of the vessel personnel with security responsibilities is temporarily unavailable to fulfil his or her security responsibilities on a SOLAS ship, the Administration may permit a member of the vessel personnel without security responsibilities but with a knowledge of the vessel security plan to fulfil those responsibilities until the ship arrives at the next port of call or for a period not exceeding 30 days.

• (3) A member of the vessel personnel with security responsibilities on a non-SOLAS ship shall have, by training or job experience, knowledge and competence that are relevant to the industry in which the ship operates in any of the following areas that relate to the member’s responsibilities:

  • (a) current security threats and patterns;

  • (b) the recognition and detection of weapons, explosives and incendiaries, and other dangerous substances and devices;

  • (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

  • (d) techniques that could possibly be used to violate security procedures or to circumvent security procedures, equipment or systems;

  • (e) crowd management and control techniques;

  • (f) security-related communications;

  • (g) emergency preparedness and response and contingency planning;

  • (h) the operation, testing, calibration and maintenance of security equipment and systems;

  • (i) inspection and monitoring techniques;

  • (j) methods of performing physical searches of persons and goods, including personal effects, baggage, ships’ stores and cargo;

  • (k) the relevant provisions of the vessel security plan; and

  • (l) the meanings and the requirements of the different MARSEC levels.

Vessel Personnel without Security Responsibilities

• 214 (1) A member of the vessel personnel without security responsibilities on a SOLAS ship shall hold

  • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a member of the vessel personnel without security responsibilities issued under Part 8; or

  • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a member of the ship personnel without security responsibilities issued by the contracting government of that state.

• (2) A member of the vessel personnel without security responsibilities on a non-SOLAS ship, and a contractor engaged on the ship, shall receive security orientation that is appropriate to their duties and the amount of time that they have spent on board the ship. The security orientation shall address the following:

  • (a) the meanings of the different MARSEC levels, the procedures at each level and the emergency procedures and contingency plans;

  • (b) the recognition and detection of weapons, explosives and incendiaries, and other dangerous substances and devices;

  • (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security; and

  • (d) techniques that could possibly be used to violate security procedures or to circumvent security procedures, equipment or systems.

Security Drills and Exercises

General

215 Security drills and exercises shall test the proficiency of vessel personnel in carrying out their assigned security responsibilities at all MARSEC levels and the effective implementation of the vessel security plan and shall enable the vessel security officer to identify any related security deficiencies that need to be rectified.

Security Drills

• 216 (1) A security drill may be conducted with other drills, if appropriate, but shall be conducted at least once every three months, except in the case of a vessel that is entitled to fly the Canadian flag and that is not engaged on an international voyage or is not in service at the time that a drill is to be conducted, in which case the drill shall be conducted within one week after the beginning of an international voyage or the return to service.

• (2) Security drills shall test individual elements of the vessel security plan, including responses to security threats, security breaches and security incidents, and shall take into account, in respect of the vessel, the types of operations, personnel changes and other relevant circumstances.

• (3) [Repealed, SOR/2014-162, s. 18]

• (4) If, at any given time, more than 25 per cent of the vessel’s permanent crew have not participated in a security drill on board the vessel within the previous three months, a security drill shall be conducted within one week.

• (5) A documented response to a security incident that was recorded under paragraph 218(1)(c) is considered equivalent to a security drill.

Security Exercises

• 217 (1) Security exercises

  • (a) shall test the requirements of the vessel security plan that are relevant to the objectives of each exercise and shall involve the active participation of personnel on board the vessel as appropriate to the exercise;

  • (b) may include the participation of governmental authorities or personnel from marine facilities, port administrations or other vessels who have security responsibilities, depending on the scope and the nature of the exercises;

  • (c) may be performed with respect to only the vessel or as part of a cooperative program to test the vessel security plan of another vessel or a marine facility or port security plan; and

  • (d) shall test, at a minimum, elements of coordination, resource availability, response, and communication and notification procedures.

• (2) Security exercises shall be conducted at least once every calendar year with no more than 18 months between them.

• (3) Security exercises may be

  • (a) full-scale;

  • (b) a tabletop simulation or seminar;

  • (c) combined with other appropriate exercises; or

  • (d) a combination of two or more of the elements set out in paragraphs (a) to (c).

• (4) The implementation of security procedures at MARSEC level 2 or MARSEC level 3 is considered equivalent to a security exercise.

Record Keeping

• 218 (1) A vessel security officer shall keep the following records:

  • (a) details of security training, including the date, duration and description and the names of the participants;

  • (b) details of security drills and exercises, including the date and description, the names of the participants and any best practices or lessons learned that might improve the vessel security plan;

  • (c) details of security threats, security breaches and security incidents, including the date, time, location and description, the response to them and the person to whom they were reported;

  • (d) records of changes in the MARSEC level, including the date, the time that notification was received and the time of compliance with the requirements of the new level;

  • (d.1) a record of the date on which, and the time at which, the vessel becomes subject to this Part and of the date on which, and the time at which, it ceases to be subject to this Part;

  • (e) records of maintenance, calibration and testing of equipment used for security, including the date and time of the activity and the equipment involved;

  • (f) the last 10 declarations of security and of each continuing declaration of security for at least 90 days after the end of its effective period;

  • (g) in the case of a SOLAS ship, a continuous synopsis record issued by the Minister;

  • (h) a record of the last 10 calls at marine facilities;

  • (i) a record of each annual audit of the vessel security plan that includes, for each annual audit, a letter from the company security officer or the vessel security officer that certifies the day on which the audit was completed;

  • (j) a copy of the vessel security assessment and details of each periodic review of the vessel security assessment, including the date on which it was conducted and the findings of the review;

  • (k) the approved vessel security plan and details of each periodic review of the vessel security plan, including the date on which it was conducted, the findings of the review and any amendments to the plan that are recommended;

  • (l) details of each amendment to the vessel security plan, including the date of its approval and of its implementation;

  • (m) a list, by name or position, of the vessel personnel who have security responsibilities;

  • (n) an up-to-date list containing the names of screening officers; and

  • (o) records of inspections, including the date on which they are conducted.

• (2) If records respecting equipment that is not used exclusively for security are kept separately from records respecting equipment that is used exclusively for security, the vessel security officer shall

  • (a) document, in written or electronic form, their existence, location and the name or position of the person responsible for keeping them; and

  • (b) ensure that the records are accessible.

• (3) The vessel security officer shall ensure that the records set out in subsection (1) are kept for at least two years after they are made and shall make them available to the Minister on request, but shall ensure that the copy of the vessel security assessment and the approved vessel security plan are kept for at least two years after the expiry of the plan.

• (4) The vessel security officer shall ensure that the records are protected from unauthorized access or disclosure.

• (5) The vessel security officer shall ensure that any records kept in electronic format are protected from deletion, destruction and revision.

• (6) No person shall disclose security information contained in the records, unless the disclosure is for the purpose of complying with these Regulations.

MARSEC Level Coordination and Implementation of Procedures

• 219 (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.

Communications

• 220 (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

• 221 (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.

Vessel Security Alert System

• 222 (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.

• 223 (1) The vessel security alert system shall

  • (a) be capable of being activated from the navigation bridge and at least one other location;

  • (b) comply with

    • (i) International Maritime Organization Resolution MSC.136(76), annex 7, Performance Standards for a Ship Security Alert System, as amended from time to time, if the system was installed before July 1, 2004,

    • (ii) International Maritime Organization Resolution MSC.147(77), annex 5, Performance Standards for a Ship Security Alert System, as amended from time to time, if the system is installed on or after July 1, 2004; or

    • (iii) another performance standard that provides the same level of security as in subparagraph (i) or (ii); and

  • (c) be equipped with activation points designed to prevent its inadvertent initiation.

• (2) For the purpose of interpreting the annexes referred to in paragraph (1)(b), “should” shall be read to mean “shall”.

224 The vessel security alert system, when activated,

• (a) shall, if the security of the vessel is under threat or has been compromised, initiate and transmit a vessel-to-shore security alert to the nearest Canadian maritime rescue coordination centre identifying the vessel and its position and indicating that the security of the vessel is under threat or has been compromised;

• (b) shall not send a security alert to another vessel;

• (c) shall not raise an alarm on board the vessel; and

• (d) shall continue the security alert until it is deactivated or reset.

• 225 (1) The radio system used for a vessel security alert system shall comply with relevant international standards.

• (2) If the vessel security alert system is powered from the vessel’s main source of electrical power, it shall also be possible to operate the system from another source of power.

226 If a Canadian maritime rescue coordination centre notifies the Minister that it has received a vessel security alert, the Minister shall immediately notify the contracting governments in the vicinity of which the vessel is operating and, in the case of a Canadian ship, its operator.

227 If a Canadian maritime rescue coordination centre notifies the Minister that it has received a vessel security alert from a vessel that is entitled to fly the flag of a foreign state, the Minister shall immediately notify the contracting government of that vessel and, if appropriate, of the countries in the vicinity of which the vessel is operating.

Declaration of Security

• 228 (1) A declaration of security shall be completed before an interface starts between a vessel and a marine facility or another vessel if

  • (a) they are operating at different MARSEC levels;

  • (b) one of them does not have a security plan approved by a contracting government or by a security organization referred to in section 9.2 of Part A of the ISPS Code;

  • (c) the interface involves a cruise ship, a vessel carrying certain dangerous cargoes or the loading or transfer of certain dangerous cargoes; or

  • (d) the security officer of either of them identifies security concerns about the interface.

• (2) A new declaration of security is required if there is a change in the MARSEC level.

• (3) The declaration of security shall provide a means for ensuring that all shared security concerns are fully addressed throughout the interface and shall contain the information set out in the form in Appendix 1 of Part B of the ISPS Code, with the terms “ship”, “port facility” and “security measures” read as “vessel”, “marine facility” and “security procedures”, respectively.

• (4) The declaration of security shall be in English or French and be signed by the vessel security officer and the marine facility security officer or the vessel security officers, as the case may be.

• (5) A vessel security officer or a marine facility security officer may authorize in writing a person who has security responsibilities on the vessel or marine facility and appropriate training to complete and sign the declaration of security on their behalf.

• (6) At MARSEC level 1 and MARSEC level 2, a continuing declaration of security may be used for multiple interfaces between a vessel and a marine facility or another vessel if the effective period of the declaration does not exceed

  • (a) 90 days at MARSEC level 1; or

  • (b) 30 days at MARSEC level 2.

• (7) If a declaration of security is required under subsection (1) between a vessel and the operator of a lock in the St. Lawrence Seaway, it shall be completed on its entry into the first lock and remain in effect until the vessel exits the St. Lawrence Seaway at the St. Lambert Lock or the Welland Canal at Port Colborne.

Vessel Security Assessment

General

229 The persons who conduct a vessel security assessment shall have, collectively, the competence to evaluate the security of the vessel, including knowledge that is relevant to the industry in which the vessel operates, in the following areas:

• (a) current security threats and patterns;

• (b) the detection and recognition of weapons, explosives and incendiaries and other dangerous substances and devices;

• (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

• (d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

• (e) methods used to cause a security incident;

• (f) the effects of dangerous substances and devices on vessels and their equipment;

• (g) vessel security requirements;

• (h) vessel-to-vessel and vessel-to-marine facility interface business practices;

• (i) emergency preparedness and response and contingency planning;

• (j) physical security requirements;

• (k) radio and telecommunications systems, including computer systems and networks;

• (l) marine engineering; and

• (m) vessel and marine facility operations.

Security Assessment Information

230 The company security officer shall ensure that the following security assessment information is provided to persons who conduct the on-site survey and vessel security assessment:

• (a) the general layout of the vessel, including the location of

  • (i) actual and potential points of access to the vessel and their function,

  • (ii) areas that should have restricted access,

  • (iii) essential maintenance equipment,

  • (iv) stowage and cargo spaces, including storage areas for essential maintenance equipment, ships’ stores, cargo and unaccompanied baggage, and

  • (v) ships’ stores;

• (b) security threat assessments, including the purpose and methodology of the assessment, for the area in which the vessel operates or at which passengers embark or disembark and the types of cargo being carried by the vessel;

• (c) a copy of any previous security assessment prepared for the vessel;

• (d) a list of the emergency and stand-by equipment available to maintain essential services;

• (e) changes in the tide that might have an impact on the vulnerability or security of the vessel;

• (f) the number of vessel personnel, the security duties of persons with security responsibilities and existing security training requirements;

• (g) a list of existing security and safety equipment for the protection of personnel, visitors and passengers;

• (h) details of escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the vessel;

• (i) copies of existing agreements with persons or organizations that provide security services; and

• (j) details of security procedures in effect, including inspection and access control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents, communication, alarm, lighting, access control and other security systems.

On-site Survey

231 The company security officer shall ensure that an on-site survey of the vessel is conducted that examines and evaluates protective measures, procedures and operations in effect on board the vessel to

• (a) ensure the performance of all vessel security duties;

• (b) control access to the vessel through the use of identification systems or otherwise;

• (c) control the embarkation of vessel personnel and other persons and their goods, including personal effects and baggage, whether accompanied or unaccompanied;

• (d) supervise the handling of cargo and the delivery of ships’ stores;

• (e) monitor restricted areas and other areas that have restricted access to ensure that only authorized persons have access;

• (f) monitor the deck areas and areas adjacent to the vessel; and

• (g) ensure the ready availability of security communication systems, information and equipment.

Analysis and Recommendations

232 The persons who conduct a vessel security assessment shall take into account the security assessment information, the on-site survey and the requirements of this Part and provide recommendations for security procedures that shall be established in the vessel security plan, including recommendations respecting

• (a) restricted areas;

• (b) response procedures for fire or other emergency conditions;

• (c) security supervision of all persons on board;

• (d) the frequency and effectiveness of security patrols;

• (e) access control systems, including identification systems;

• (f) security communication systems and procedures;

• (g) security doors, barriers and lighting;

• (h) security and surveillance equipment and systems;

• (i) potential security threats and the following types of security incidents:

  • (i) damage to, or destruction of, the vessel or an interfacing marine facility or vessel by explosive devices, arson, sabotage or vandalism,

  • (ii) tampering with the essential equipment or systems, stores or cargo of the vessel,

  • (iii) the unauthorized access to or use of the vessel, including the presence of stowaways,

  • (iv) the smuggling on board of weapons, explosives, incendiaries or other dangerous substances or devices, including weapons of mass destruction,

  • (v) the use of the vessel or its equipment as a weapon or as a means to cause damage or destruction,

  • (vi) the hijacking or seizure of the vessel or persons on board, and

  • (vii) attacks on the vessel while at berth, at anchor or at sea; and

• (j) the evaluation of the potential of each identified point of access, including open decks, that could be used by individuals who might try to breach security, whether or not those individuals legitimately have access to the vessel.

Content

• 233 (1) The vessel security assessment shall be written in English or French and shall contain

  • (a) a summary of how the on-site survey was conducted;

  • (b) details of existing security procedures and operations;

  • (c) a description of each vulnerability found during the assessment;

  • (d) a description of security procedures that should be used to address each vulnerability;

  • (e) a list of the key vessel operations that are important to protect;

  • (f) conclusions as to the likelihood of possible security threats to key vessel operations; and

  • (g) a list of identified weaknesses, including human factors, in the infrastructure, policies and procedures relating to the vessel.

• (2) A vessel security assessment shall address the following elements in respect of the vessel:

  • (a) its physical security;

  • (b) its structural integrity;

  • (c) personnel protection systems;

  • (d) security procedures;

  • (e) its radio and telecommunication systems, including computer systems and networks; and

  • (f) any other element on board the vessel that might, if damaged or used illicitly, pose a risk to people, property or operations on board the vessel or at a marine facility.

• (3) The vessel security assessment shall consider the security of all persons and the activities, services, operations, capacities and goods that are important to protect, including

  • (a) the capacity to maintain safe navigation and emergency response;

  • (b) cargo, particularly dangerous goods or substances;

  • (c) ships’ stores;

  • (d) the vessel’s security communication and surveillance systems, if any; and

  • (e) any other security systems on the vessel.

• (4) The vessel security assessment shall take into account all possible vulnerabilities, including those resulting from

  • (a) any conflict between safety and security requirements;

  • (b) any conflict between duties on board and security assignments;

  • (c) the impact of watchkeeping duties and fatigue on vessel personnel alertness and performance;

  • (d) security training deficiencies;

  • (e) deficiencies in security equipment and systems, including communication systems; and

  • (f) the fact that the vessel was not subject to this Part before the start of an international voyage.

Vessel Security Plan

General

• 234 (1) A vessel security plan shall

  • (a) state the name of the vessel’s operator;

  • (b) identify the company security officer by name or, if they hold another position, by position, and provide 24-hour contact information;

  • (c) in the case of vessel entitled to fly the Canadian flag, be written in English or French;

  • (d) be based on the vessel security assessment;

  • (e) address each vulnerability identified in the vessel security assessment;

  • (f) establish that the vessel’s master has the overriding authority and responsibility to make decisions with respect to the security of the vessel and to request the assistance of the operator or contracting government when necessary; and

  • (g) identify the locations of the vessel security alert system activation points.

• (2) The vessel security plan shall address the following:

  • (a) procedures designed to prevent weapons, explosives, incendiaries, dangerous substances and devices that are intended for use against persons, vessels or marine facilities and whose carriage is not authorized from being taken on board the vessel;

  • (b) procedures for the prevention of unauthorized access to the vessel that include the security procedures set out in sections 236 to 239 and, if applicable, sections 260 and 264;

  • (c) procedures for the establishment of restricted areas as provided for in section 240;

  • (d) procedures for preventing unauthorized access to restricted areas that include the security procedures set out in sections 241 to 243;

  • (e) procedures for cargo handling and for ships’ stores and bunkers that include the security procedures set out in sections 244 to 251;

  • (f) procedures for monitoring the vessel, the restricted areas on board the vessel and the area surrounding the vessel that include the security procedures set out in sections 252 to 255;

  • (g) procedures for responding to security threats, security breaches and security incidents, including provisions for maintaining critical operations of the vessel or for vessel and marine facility interfacing, that include the security procedures set out in section 256;

  • (h) procedures for responding to any security instructions a contracting government may give at MARSEC level 3 in respect of a specific security threat;

  • (i) other security procedures for each MARSEC level;

  • (j) procedures for evacuation in case of security threats, security breaches or security incidents;

  • (k) duties of shipboard personnel assigned security responsibilities and of other shipboard personnel on security related matters;

  • (l) procedures for auditing the security activities;

  • (m) procedures for training, drills and exercises associated with the plan;

  • (n) procedures for interfacing with marine facilities and other vessels at all MARSEC levels;

  • (o) procedures for declarations of security;

  • (p) procedures for the periodic review of the plan and for updating it;

  • (q) procedures for reporting security incidents;

  • (r) procedures to ensure the inspection, testing, calibration and maintenance of any security equipment on board;

  • (s) the frequency for testing or calibration of any security equipment on board;

  • (t) the frequency of inspections of the vessel;

  • (u) procedures, instructions and guidance on the use of the vessel security alert system, including its testing, activation, deactivation and resetting and how to limit false alerts;

  • (v) procedures to facilitate shore leave for vessel personnel or crew change;

  • (w) procedures for overcoming any vulnerability resulting from the fact referred to in paragraph 233(4)(f); and

  • (x) procedures to be followed when the vessel becomes subject to this Part and when it ceases to be subject to this Part.

Format

235 The vessel security plan shall include the following individual sections and, if the plan does not list the sections in the following order, it shall contain an index that identifies the location of the sections:

• (a) organizational structure for the security of the vessel;

• (b) personnel training;

• (c) drills and exercises;

• (d) records and documentation;

• (e) response to a change in the MARSEC level;

• (f) procedures for interfacing with marine facilities and other vessels;

• (g) declarations of security;

• (h) communications;

• (i) security systems and equipment maintenance;

• (j) security procedures for access control;

• (k) security procedures for restricted areas;

• (l) security procedures for handling cargo;

• (m) security procedures for delivery of ships’ stores and bunkers;

• (n) security procedures for monitoring;

• (o) procedures for security threats, security breaches and security incidents;

• (p) audits and vessel security plan amendments; and

• (q) vessel security assessment summary.

Security Procedures for Access Control

General

• 236 (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 control access to the vessel (in particular, access to ladders, access gangways, access ramps, access doors, side scuttles, windows and ports, hatches, mooring lines, anchor chains, cranes and hoisting gear) and to

  • (a) deter the unauthorized introduction of weapons, explosives and incendiaries and other dangerous substances and devices;

  • (b) carry out authorized screening; and

  • (c) secure weapons, explosives and incendiaries and other dangerous substances and devices that are authorized to be on board.

• (2) The vessel security plan shall ensure that the following are established at each MARSEC level:

  • (a) the type of restriction or prohibition to be applied and the means of enforcing it; and

  • (b) the means of identification required to allow persons to board the vessel and remain on the vessel without having their identity questioned.

• (3) The vessel security plan shall ensure that an identification system for verifying the identification of vessel personnel or other persons seeking to board the vessel is established that

  • (a) allows the identification of authorized persons, temporarily or permanently, at each MARSEC level;

  • (b) is coordinated, when practicable, with identification systems at marine facilities used by the vessel; and

  • (c) is updated regularly.

• (4) The vessel security plan shall indicate the frequency of application of any security procedure for access control, particularly if the security procedure is applied on a random or occasional basis.

MARSEC Level 1

237 At MARSEC level 1, security procedures for access control shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations, including

• (a) the authorized screening of persons and goods at a frequency specified in the plan;

• (b) verifications of the identification of any person seeking to board the vessel and examining at least one of the following:

  • (i) joining instructions,

  • (ii) a passenger ticket,

  • (iii) a boarding pass,

  • (iv) work orders or surveyor orders,

  • (v) governmental identification,

  • (vi) a restricted area pass, or

  • (vii) visitor badges issued in accordance with an identification system;

• (c) the denial or revocation of a person’s authorization to be on board if the person is unable or unwilling, at the request of vessel personnel, to establish their identity or to account for their presence on board;

• (d) reporting of any incident referred to in paragraph (c) to the company security officer, vessel security officer, marine facility security officer, port security officer, if applicable, and the appropriate law enforcement agencies;

• (e) means to deter unauthorized access to the vessel;

• (f) the identification of access points that must have secured means of entry or be attended to deter unauthorized access;

• (g) the locking of, or the prevention in some other way of access to, unattended spaces that adjoin areas to which passengers and visitors have access;

• (h) the provision of a designated secure area on board or, in liaison with a marine facility, at a marine facility, for conducting the authorized screening of persons and goods;

• (i) the authorized screening of vessel personnel or their goods by other vessel personnel, if it is clearly required for security reasons;

• (j) the segregation of persons who and their goods that have been through authorized screening from other persons and their goods;

• (k) the segregation of embarking passengers from disembarking passengers;

• (l) the authorized screening before loading, at the frequency specified in the vessel security plan and in liaison with a marine facility, of a defined percentage of vehicles to be loaded aboard a passenger vessel;

• (m) the authorized screening before loading, in liaison with a marine facility, of all unaccompanied vehicles to be loaded on a passenger vessel; and

• (n) a response to the presence of unauthorized persons on board, including the expulsion of unauthorized boarders.

MARSEC Level 2

238 At MARSEC level 2, additional security procedures for access control shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations, including

• (a) an increase in the frequency and detail of the authorized screening of persons and goods;

• (b) the authorized screening of all unaccompanied baggage by means of X-ray equipment;

• (c) the assignment of additional personnel to patrol deck areas during periods of reduced vessel operations to deter unauthorized access;

• (d) a reduction in the number of access points to the vessel;

• (e) the denial of access to visitors who do not have a verified destination;

• (f) the deterrence of waterside access to the vessel, which may include, in liaison with a marine facility or a port administration, providing boat patrols; and

• (g) if the vessel is at a marine facility, the establishment of a restricted area on the shoreside of the vessel, in close cooperation with the facility.

MARSEC Level 3

239 At MARSEC level 3, additional security procedures for access control shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations, including

• (a) the authorized screening of all persons and goods;

• (b) the performance of one or more of the following procedures on unaccompanied baggage:

  • (i) more extensive authorized screening, such as X-raying it from two or more angles,

  • (ii) preparing to restrict or suspend handling it, and

  • (iii) refusing to accept it on board;

• (c) preparation for cooperating with response organizations and marine facilities;

• (d) the limitation of access to the vessel to a single, controlled access point;

• (e) the granting of access to only those responding to the security incident or security threat;

• (f) the suspension of embarkation or disembarkation activities;

• (g) the suspension of operations related to cargo;

• (h) the evacuation of the vessel;

• (i) the movement of the vessel; and

• (j) the preparation for a full or partial search of the vessel.

Security Procedures for Restricted Areas

Establishment of Restricted Areas

• 240 (1) At all MARSEC levels, security procedures for restricted areas shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations, in order to

  • (a) prevent or deter unauthorized access;

  • (b) protect the vessel, security areas within the vessel, security and surveillance equipment and systems and persons authorized to be on board; and

  • (c) protect cargo and ships’ stores from tampering.

• (2) Restricted areas shall be established for the following areas:

  • (a) the navigation bridge, machinery spaces and other control stations;

  • (b) spaces containing the central controls for security and surveillance equipment and systems and spaces that contain the central lighting system controls;

  • (c) ventilation and air-conditioning systems and other similar spaces;

  • (d) spaces with access to potable water tanks, pumps or manifolds;

  • (e) spaces containing dangerous goods or hazardous substances;

  • (f) spaces containing cargo pumps and their controls;

  • (g) cargo spaces and spaces containing ships’ stores;

  • (h) crew accommodations; and

  • (i) any other spaces or areas vital to the security of the vessel.

• (3) The vessel security plan shall contain procedures to

  • (a) identify vessel personnel who are authorized to have access;

  • (b) determine the persons other than vessel personnel who are authorized to have access;

  • (c) determine the conditions under which vessel personnel or other persons are authorized to have access;

  • (d) define the extent of any restricted area;

  • (e) establish the times when access restrictions apply; and

  • (f) post notices in accordance with section 21 of the Act.

MARSEC Level 1

241 At MARSEC level 1, the following security procedures for restricted areas shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations:

• (a) the locking or securing of access points;

• (b) the monitoring and use of surveillance equipment;

• (c) the use of guards or patrols; and

• (d) the use of automatic intrusion detection devices to alert vessel personnel to unauthorized access by the activation of an audible or visual alarm at a location that is continuously attended or monitored.

MARSEC Level 2

242 At MARSEC level 2, the following additional security procedures for restricted areas 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 intensity of monitoring and access controls on existing restricted areas;

• (b) the establishment of restricted areas adjacent to access points;

• (c) the continuous monitoring of each area, using surveillance equipment; and

• (d) the assignment of additional personnel to guard or patrol each area.

MARSEC Level 3

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

• (a) the establishment of additional restricted areas on the vessel in proximity to the location of a security incident or the presumed location of a security threat; and

• (b) searches of restricted areas as part of a security sweep of the vessel.

Security Procedures for Handling Cargo

General

• 244 (1) At all MARSEC levels, security procedures in relation to cargo handling shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations, in order to

  • (a) deter and detect tampering;

  • (b) prevent cargo that is not meant for carriage from being accepted and stored on board the vessel;

  • (c) identify cargo that is approved for loading onto the vessel;

  • (d) include inventory control procedures at access points to the vessel; and

  • (e) be able to inspect cargo for dangerous substances and devices at a frequency specified in the plan by one or more of the following means:

    • (i) visual examination,

    • (ii) physical examination,

    • (iii) detection devices such as scanners, or

    • (iv) canines.

• (2) The company security officer or vessel security officer may, with the agreement of the marine facility security officer and, if applicable, the port security officer, make arrangements with shippers or others responsible for the cargo with respect to off-site inspection, sealing, scheduling, supporting documentation and similar matters. The company security officer or vessel security officer, as the case may be, shall inform the marine facility security officer and, if applicable, the port security officer of any arrangement.

MARSEC Level 1

245 At MARSEC level 1, the following security procedures in relation to cargo handling shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations:

• (a) the routine inspection, including for evidence of tampering, of cargo and cargo spaces before and during cargo handling, except where it is unsafe to do so;

• (b) verification that cargo to be loaded matches the cargo documentation or that cargo markings or container numbers match the information provided with shipping documents;

• (c) inspection before loading, in accordance with the frequency specified in the plan and in liaison with marine facilities, of vehicles to be loaded on board ro-ro vessels, car-carriers and passenger vessels; and

• (d) verification, in liaison with marine facilities, of seals or other means used to prevent tampering.

MARSEC Level 2

246 At MARSEC level 2, the following additional security procedures in relation to cargo handling 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 inspecting cargo and cargo spaces;

• (b) intensified inspections to ensure that only the intended cargo, container or other cargo transport units are loaded;

• (c) intensified inspections of vehicles to be loaded on board ro-ro vessels, car-carriers and passenger vessels;

• (d) increases, in liaison with the marine facility, in the frequency and detail of inspections of seals or other means used to prevent tampering;

• (e) increases in the frequency of the use of detection devices, such as scanners, or canines; and

• (f) the coordination of enhanced security procedures with the shipper or other responsible party in accordance with an established agreement and procedures.

MARSEC Level 3

247 At MARSEC level 3, the following additional security procedures in relation to cargo handling shall be established in the vessel security plan, to the extent that they are appropriate to the vessel’s operations:

• (a) the suspension of loading or unloading of cargo;

• (b) preparation for cooperation with response organizations and marine facilities; and

• (c) a verification of the inventory and location of any hazardous substances carried on board.

Security Procedures for Delivery of Ships’ Stores and Bunkers

General

• 248 (1) At all MARSEC levels, security procedures for 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, in order to

  • (a) inspect ships’ stores for package integrity;

  • (b) prevent ships’ stores from being accepted without inspection;

  • (c) prevent tampering; and

  • (d) prevent ships’ stores and bunkers from being accepted without being ordered.

• (2) If a vessel routinely uses a marine facility, the vessel security plan may establish standing procedures involving the vessel, its suppliers and the marine facility regarding notification and the timing of deliveries and their documentation.

MARSEC Level 1

249 At MARSEC level 1, the following 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) the inspection of ships’ stores before they are accepted;

• (b) verification that ships’ stores and bunkers match the order before being brought on board or being bunkered; and

• (c) the immediate securing of ships’ stores following delivery.

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).

Escorted Access

• 268 (1) A person who is being escorted in a restricted area shall remain with the escort while in the restricted area.

• (2) An escort shall remain with the person being escorted, or ensure that another person who is authorized to do so under the security plan acts as the escort, while the person being escorted is in the restricted area.

[269 to 299 reserved]

PART 3Marine Facilities

[300 reserved]

Application

• 301 (1) In this section, offshore facility means a marine facility in a maritime zone of Canada as described in Part I of the Oceans Act and includes a drilling unit and platform.

• (2) This Part applies to marine facilities, other than offshore facilities, that interface with vessels to which Part 2 applies.

Operator of a Marine Facility

• 302 (1) The operator of a marine facility shall ensure that the requirements of this Part are met.

• (2) The operator of an occasional-use marine facility shall ensure that the requirements of sections 315 and 355 to 360.1 are met.

303 The operator of a 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 a marine facility security officer by name or by a position other than the position for which the designation is being made;

• (d) operate the marine facility in compliance with the marine facility security plan and, if applicable, any corrective action referred to in paragraph 306(e) or a port security plan;

• (e) submit the security assessment information to the Minister;

• (f) ensure that the implementation of security procedures is coordinated with the vessels with which the marine facility interfaces and, if the facility is in a port, with the port administration;

• (g) if the marine facility is in a port, ensure the participation of the marine facility security officer in the port security committee;

• (h) if the marine facility is in a port, ensure that the marine facility security officer develops a marine facility security plan with the port security officer and in consultation with representatives of appropriate law enforcement agencies, emergency response providers, employers and labour at the marine facility;

• (i) coordinate, with the master of a vessel and, if the marine facility is in a port, 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;

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

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

Marine Facility Security Officer

General

• 304 (1) A marine facility security officer may

  • (a) act in that capacity for more than one marine facility if they are able to fulfil the responsibilities for each marine facility;

  • (b) have other responsibilities within the marine facility operator’s organization if they are able to fulfil the responsibilities of marine facility security officer; and

  • (c) delegate tasks required by this Part.

• (2) A marine facility security officer remains responsible for the performance of the tasks they delegate.

Qualifications

305 A marine facility security officer shall have, by training or job experience, knowledge and competence that is relevant to the industry in which the marine facility operates and is in the following areas:

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

• (b) the operations and operating conditions of the marine facility, vessels and if applicable, port;

• (c) the security procedures of the marine facility, vessels and, if applicable, port, including the meaning and the requirements of the different MARSEC levels;

• (d) emergency preparedness and response and contingency planning;

• (e) security equipment and systems and their operational limitations;

• (f) methods of conducting audits and inspections;

• (g) access control and monitoring techniques;

• (h) methods of conducting on-site surveys and marine facility security assessments;

• (i) methods of conducting physical searches and non-intrusive inspections;

• (j) conducting and assessing security drills and exercises, including exercises with vessels;

• (k) techniques for security training and education;

• (l) relevant international conventions, codes, standards and recommendations;

• (m) relevant legislation, regulations and security measures, rules and procedures;

• (n) the responsibilities and functions of municipal, provincial and federal law enforcement agencies;

• (o) methods of handling security-sensitive information and security-related communications;

• (p) current security threats and patterns;

• (q) the recognition and detection of weapons, explosives and incendiaries and other dangerous substances and devices;

• (r) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

• (s) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

• (t) crowd management and control techniques; and

• (u) the operation, testing, calibration and maintenance of security equipment and systems.

Responsibilities

306 A marine facility security officer shall

• (a) conduct inspections of the marine facility at the rate specified in the marine facility security plan to ensure compliance with the requirements of this Part;

• (b) submit a marine facility security plan and any amendment to the Minister for approval;

• (c) implement and maintain the approved marine facility security plan, coordinating it when necessary with the security officer of interfacing vessels and the port security officer;

• (d) conduct audits of the marine facility security plan in accordance with this Part;

• (e) as soon as practicable after a deficiency in the marine facility security plan is identified, implement the corrective action that is required to correct the deficiency until the plan is amended;

• (f) submit to the Minister amendments to the marine facility security plan to correct any deficiencies;

• (g) implement the approved amendments in the marine facility security plan;

• (h) ensure security awareness and vigilance at the marine facility, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions at the marine facility;

• (i) ensure that appropriate security training or orientation is provided to personnel at the marine facility in accordance with this Part;

• (j) report security threats and security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration, as soon as possible after they occur so that an investigation can be conducted;

• (k) report security breaches to the Minister and, if applicable, the port administration, as soon as possible after they occur;

• (l) ensure that there is effective communication and cooperation between the marine facility and the vessels with which it interfaces;

• (m) ensure that security equipment is operated, tested, calibrated and maintained in compliance with the marine facility security plan;

• (n) record and report the implementation of security procedures, after a change in the MARSEC level, to the Minister, to the operator of any vessel with which it is interfacing or about to interface and to the operator of any marine facility or port administration affected by the change;

• (o) keep a copy of the marine facility security assessment and plan readily accessible; and

• (p) ensure that security drills and exercises are conducted.

Marine Facility Personnel with Security Responsibilities

• 307 (1) Persons who have responsibilities respecting the security of a marine facility, other than the marine facility security officer, shall have, by training or job experience, knowledge that is relevant to the marine facility in the areas that relate to their responsibilities.

• (2) The areas of knowledge include the following:

  • (a) current security threats and patterns;

  • (b) the recognition and detection of weapons, explosives and incendiaries and other dangerous substances and devices;

  • (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

  • (d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

  • (e) crowd management and control techniques;

  • (f) security-related communications;

  • (g) emergency preparedness and response and contingency planning;

  • (h) the operation, testing, calibration and maintenance of security equipment and systems;

  • (i) inspection and monitoring techniques;

  • (j) methods of performing physical searches of persons and goods, including personal effects, baggage, ships’ stores and cargo;

  • (k) the relevant provisions of the marine facility security plan; and

  • (l) the meaning and the requirements of the different MARSEC levels.

Marine Facility Personnel without Security Responsibilities

308 A person who is assigned to a marine facility and who does not have security responsibilities shall receive security orientation in

• (a) basic security issues and communications;

• (b) the meaning and the requirements of the different MARSEC levels, the different procedures required of the person at each level and the emergency procedures and contingency plans;

• (c) the recognition and detection of weapons, explosives and incendiaries and other dangerous substances and devices;

• (d) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security; and

• (e) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems.

Security Drills and Exercises

General

309 Security drills and exercises shall test the proficiency of marine facility personnel in carrying out their assigned security responsibilities at all MARSEC levels and the effective implementation of the marine facility security plan and shall enable the marine facility security officer to identify any related security deficiencies that need to be corrected.

Security Drills

• 310 (1) A security drill is conducted

  • (a) at least once every three months; or

  • (b) within one month after operations resume at a marine facility that has been out of service or inactive for more than three months.

• (2) Security drills shall test individual elements of the marine facility security plan, including the response to security threats, security breaches and security incidents, and shall take into account, in respect of the marine facility, the types of operations, personnel changes, the types of vessels interfacing with it and other relevant circumstances.

• (3) A documented response to a security incident that was recorded under paragraph 312(1)(c) is considered equivalent to a security drill.

Security Exercises

• 311 (1) Security exercises

  • (a) shall test the requirements of the marine facility security plan that are relevant to the objectives of each exercise, and shall involve the active participation of marine facility personnel as appropriate to the exercise;

  • (b) may involve the participation of governmental authorities or personnel from vessels, other marine facilities or port administrations who have security responsibilities, depending on the scope and the nature of the exercise;

  • (c) may be performed only with respect to the marine facility or as part of a cooperative program to test the security plan of another marine facility or the security plan of a vessel or a port; and

  • (d) shall test, at a minimum, elements of coordination, resource availability, response, and communication and notification procedures.

• (2) Security exercises shall be conducted at least once every calendar year with no more than 18 months between them.

• (3) Exercises may

  • (a) be full-scale or live;

  • (b) be a tabletop simulation or seminar;

  • (c) be combined with other appropriate exercises; or

  • (d) be a combination of two or more of the elements set out in paragraphs (a) to (c).

• (4) If a marine facility is involved in the implementation of MARSEC level 2 or MARSEC level 3 following a security incident, the implementation of the MARSEC level is considered equivalent to a security exercise.

Record Keeping

• 312 (1) A marine facility security officer shall keep

  • (a) records of security training, including the date, the duration and description and the names of the participants;

  • (b) records of security drills and exercises, including the date and description, the names of the participants and any best practices or lessons learned that might improve the marine facility security plan;

  • (c) records of security threats, security breaches and security incidents, including the date, time, location and description, the response to them and the person to whom they were reported;

  • (d) records of changes in the MARSEC level, including the date, the time that notification was received and the time of compliance with the requirements of the new level;

  • (e) records of maintenance, calibration and testing of equipment used for security, including the date and time of the activity and the equipment involved;

  • (f) declarations of security in respect of the marine facility;

  • (g) internal audits and reviews of security activities;

  • (h) security assessment information;

  • (i) the marine facility security assessment and each periodic review of the assessment, including the date on which the review was conducted and its findings;

  • (j) the marine facility security plan and each periodic review of the plan, including the date on which the review was conducted, its findings and any recommended amendments to the plan;

  • (k) each amendment to the marine facility security plan, including the date of its approval and implementation;

  • (l) records of inspections and patrols;

  • (m) a list, by name or position, of the persons who have security responsibilities;

  • (n) an up-to-date list containing the names of screening officers; and

  • (o) an up-to-date list, by name and position, of the holders of transportation security clearances, except in a case where a port administration keeps the list.

• (2) If records respecting equipment that is not used exclusively for security are kept separately from records respecting equipment that is used exclusively for security, the marine facility security officer shall

  • (a) document, in written or electronic form, their existence, location and the name or position of the person responsible for keeping them; and

  • (b) ensure that the records are accessible.

• (3) The marine facility security officer shall ensure that the records or documents listed in subsection (1) are kept for at least two years after the day on which they are made and shall make them available to the Minister on request, but shall ensure that the marine facility security plan, and the assessment on which it was based, are kept for at least two years after the day on which the plan expires.

• (4) The marine facility security officer shall ensure that the records are protected from unauthorized access or disclosure.

• (5) The marine facility security officer shall ensure that any records kept in electronic format are protected from deletion, destruction and revision.

• (6) No person shall disclose security information contained in the records, unless the disclosure is for the purpose of complying with these Regulations.

Communications

• 313 (1) The marine facility security officer shall have the means to notify all marine facility personnel of changes in security conditions at the marine facility.

• (2) The marine facility shall have communication systems and procedures that allow effective communications

  • (a) between the marine facility security personnel and vessels interfacing with the marine facility and, if the marine facility is in a port, the port administration; and

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

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

Coordination of Security Procedures during Interfacing

314 The operator of a marine facility shall ensure that the implementation of the marine facility security procedures is coordinated with vessels interfacing with the marine facility and, if the marine facility is in a port, with the port administration.

Declaration of Security

• 315 (1) A declaration of security shall be completed before an interface starts between a marine facility and a vessel if

  • (a) they are operating at different MARSEC levels;

  • (b) one of them does not have a security plan approved by a contracting government;

  • (c) the interface involves a cruise ship, a vessel carrying certain dangerous cargoes or the loading or transfer of certain dangerous cargoes; or

  • (d) the security officer of either of them identifies security concerns about the interface.

• (2) A new declaration of security is required if there is a change in the MARSEC level.

• (3) The declaration of security shall provide a means for ensuring that all shared security concerns are fully taken into account throughout the interface and shall contain the information set out in the form in Appendix 1 of Part B of the ISPS Code, with the terms “ship”, “port facility” and “security measures” read as “vessel”, “marine facility” and “security procedures”, respectively.

• (4) The declaration of security shall be in English or French and be signed by the marine facility security officer and the vessel security officer.

• (5) A marine facility security officer or vessel security officer may authorize in writing a person who has security responsibilities at the marine facility or on the vessel and appropriate training to complete and sign the declaration of security on their behalf.

• (6) At MARSEC level 1 and MARSEC level 2, a continuing declaration of security may be used for multiple interfaces between a marine facility and a vessel if the effective period of the declaration does not exceed

  • (a) 90 days at MARSEC level 1; or

  • (b) 30 days at MARSEC level 2.

• (7) If a declaration of security is required under subsection (1) between a vessel and the operator of a lock in the St. Lawrence Seaway, it shall be completed on its entry into the first lock and remain in effect until the vessel exits the St. Lawrence Seaway at the St. Lambert Lock or the Welland Canal at Port Colborne.

Marine Facility Security Assessments

Requirements for Persons Providing Security Assessment Information

316 The persons who provide security assessment information shall have, collectively, the competence to evaluate the security of the marine facility, including knowledge in the following areas:

• (a) current security threats and patterns;

• (b) the detection and recognition of weapons, explosives and incendiaries and other dangerous substances and devices;

• (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

• (d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

• (e) methods used to cause a security incident;

• (f) the effects of dangerous substances and devices on structures and essential services;

• (g) marine facility and vessel interface business practices;

• (h) emergency preparedness and response and contingency planning;

• (i) physical security requirements;

• (j) radio and telecommunications systems, including computer systems and networks;

• (k) marine or civil engineering; and

• (l) marine facility and vessel operations.

Security Assessment Information

• 317 (1) Security assessment information in respect of a marine facility

  • (a) shall be in English or French;

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

  • (c) shall identify and evaluate

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

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

    • (iii) the vulnerabilities, including human factors, in the security of the marine facility; and

  • (d) may cover more than one marine facility.

• (2) Security assessment information shall consist of the following:

  • (a) the general layout of the marine facility, including the location of

    • (i) active and inactive access points to the marine facility,

    • (ii) security doors, barriers, and lighting,

    • (iii) restricted areas,

    • (iv) emergency and stand-by equipment available to maintain essential services,

    • (v) storage areas for maintenance equipment, ships’ stores, cargo and unaccompanied baggage,

    • (vi) escape and evacuation routes and assembly stations, and

    • (vii) existing security and safety equipment for the protection of personnel and visitors;

  • (b) changes in the tide that might have an impact on the vulnerability or security of the marine facility;

  • (c) a list of the emergency and stand-by equipment available to maintain essential services;

  • (d) the number of marine facility personnel, the security tasks of persons with security responsibilities and the training requirements and procedures of the marine facility;

  • (e) a list of existing security and safety equipment for the protection of marine facility personnel and visitors;

  • (f) escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the marine facility;

  • (g) the results of security audits; and

  • (h) security procedures in effect, including inspection and control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarm, lighting, access control and other appropriate systems.

Elements of Security Assessments

318 The Minister shall conduct the marine facility security assessment, which addresses the following elements in respect of the marine facility, as applicable:

• (a) the physical security;

• (b) the structural integrity;

• (c) personnel protection systems;

• (d) operational procedures that might impact on security;

• (e) its radio and telecommunications systems, including computer systems and networks;

• (f) relevant transportation support infrastructure;

• (g) utilities; and

• (h) other elements that might, if damaged or used illicitly, pose a risk to people, property or operations at the marine facility.

Matters to be Taken into Account in Security Assessments

319 A marine facility security assessment shall take into account potential threats and the following types of security incidents:

• (a) damage to, or destruction of, the marine facility or a vessel by explosive devices, arson, sabotage or vandalism;

• (b) tampering with essential equipment or systems, ships’ stores or cargo of the marine facility;

• (c) unauthorized access to the marine facility;

• (d) the smuggling onto the marine facility of weapons or equipment, including weapons of mass destruction;

• (e) use of the marine facility itself as a weapon or as a means to cause damage or destruction;

• (f) nuclear, biological, radiological, explosive or chemical attacks on the shoreside support system of the marine facility or on a vessel interfacing with the marine facility;

• (g) the seizure of the marine facility or the seizure or hijacking of an interfacing vessel or persons on board; and

• (h) use of the marine facility or its equipment by persons intending to cause a security incident.

On-site Survey and Vulnerability Assessments

320 The operator of a marine facility shall ensure that an on-site survey of the marine facility is conducted. The survey shall examine and evaluate current protective procedures and operations to verify or collect security assessment information.

• 321 (1) A marine facility security assessment shall include a vulnerability assessment undertaken in consultation with the operator of the marine facility to determine the following so as to produce an overall assessment of the level of risk for which security procedures have to be developed:

  • (a) any particular aspect of the marine facility, including vessel traffic in the vicinity, that might make it a target of an attack;

  • (b) the potential consequences of an attack on or at the marine facility in terms of loss of life, damage to property and economic disruption, including the disruption of marine transport systems;

  • (c) the capability and intent of those likely to mount an attack; and

  • (d) the potential types of attack.

• (2) The vulnerability assessment shall include a consideration of the following:

  • (a) current security procedures, including identification systems;

  • (b) methods and points of access to the marine facility;

  • (c) the procedures to protect radio and telecommunications equipment, including computer systems and networks;

  • (d) any conflicting policies between safety and security procedures;

  • (e) any enforcement or personnel constraints;

  • (f) methods of monitoring restricted areas and other areas that have restricted access to ensure that only authorized persons have access;

  • (g) areas adjacent to the marine facility that might be exploited during or for an attack;

  • (h) current security procedures relating to utilities and other services;

  • (i) any deficiencies identified during training or drills;

  • (j) any deficiencies identified during daily operations or following incidents or alerts, reports of security concerns, the application of control measures or audits; and

  • (k) the structural integrity of the marine facility.

Marine Facility Security Plan

General

322 A marine facility security plan

• (a) shall be based on the findings of the marine facility security assessment;

• (b) shall be in English or French;

• (c) shall be submitted to the Minister for approval;

• (d) is valid for a period determined by the Minister, which shall not exceed five years after the date of the Minister’s approval; and

• (e) may cover more than one marine facility if they share similarities in physical characteristics, location and operations.

Content

323 A marine facility security plan shall address each vulnerability identified in the marine facility security assessment and include

• (a) the organization of the marine facility in terms of security, including the tasks of personnel who have security responsibilities;

• (b) the name of the operator and the name and position of the marine facility security officer, including information on how they may be contacted at any time;

• (c) the identification of restricted areas and any security procedures, equipment and systems for those areas;

• (d) a description of the procedures for and the frequency of drills and exercises;

• (e) a description of procedures for the following:

  • (i) ensuring the security of information in the marine facility security plan and keeping the records referred to in section 312,

  • (ii) maintaining security and communication systems and equipment,

  • (iii) identifying and correcting security equipment or systems failures or malfunctions,

  • (iv) communications,

  • (v) responding to changes in the MARSEC level,

  • (vi) interfacing with vessels at each MARSEC level,

  • (vii) declarations of security,

  • (viii) preventing unauthorized weapons, explosives, incendiaries or other dangerous substances or devices from entering the marine facility,

  • (ix) reporting security threats, security breaches and security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration,

  • (x) securing non-critical operations in order to focus response on critical operations, and

  • (xi) periodically reviewing, updating and auditing the marine facility security plan;

• (f) a description of

  • (i) security procedures, equipment and systems for access control,

  • (ii) security procedures for the delivery of ships’ stores and bunkers,

  • (iii) security procedures, equipment and systems for monitoring the marine facility and surrounding area, and

  • (iv) procedures for security threats, security breaches and security incidents, including procedures for the evacuation of the marine facility;

• (g) the rate at which inspections of the marine facility are conducted; and

• (h) the identification of positions for which a transportation security clearance is required.

MARSEC Level Coordination and Implementation of Security Procedures

• 324 (1) The marine facility security plan shall contain security procedures for ensuring that, when the operator of the marine facility is notified of an increase in the MARSEC level,

  • (a) the marine facility complies with the required additional security procedures within 12 hours after the notification;

  • (b) a report indicating compliance or noncompliance with the MARSEC level is made to the Minister; and

  • (c) the vessels interfacing with the marine facility and the vessels scheduled to arrive at the marine facility within 96 hours after the MARSEC level is increased are notified of the new MARSEC level and the declaration of security is revised accordingly.

• (2) The marine facility security plan shall contain security procedures to ensure that, when notified of an increase in the MARSEC level, the marine facility security officer informs all marine facility personnel of identified security threats, emphasizes reporting procedures and stresses the need for increased vigilance.

• (3) For MARSEC levels 2 and 3, the marine facility security plan shall contain procedures for ensuring that the operator of the marine facility evaluates the need for additional security procedures.

Security Procedures for Access Control

General

• 325 (1) A marine facility security plan shall contain security procedures, as appropriate to the facility’s operations, to control access to the marine facility at each MARSEC level and to

  • (a) deter the unauthorized entry of weapons, explosives and incendiaries, including any device that could be used to damage or destroy marine facilities or vessels or harm individuals;

  • (b) secure any weapons, explosives, incendiaries or other dangerous substances and devices that are authorized by the operator to be at the marine facility;

  • (c) identify the locations at which restrictions or prohibitions preventing unauthorized access are to be applied for each MARSEC level and that each location allowing access to the marine facility is addressed;

  • (d) identify the types of restrictions or prohibitions to be applied and the means of enforcing them;

  • (e) establish the means of identification required to allow persons and vehicles to have access to or to remain in the marine facility without challenge;

  • (f) identify the locations at which the authorized screening of persons and goods, including vehicles, is to be conducted, and to ensure that these locations are covered to enable continuous screenings regardless of weather conditions; and

  • (g) facilitate shore leave for vessel personnel or crew change.

• (2) The plan shall contain security procedures for verification of the identity of marine facility personnel and other persons seeking access to the marine facility that

  • (a) allow identification of authorized persons at each MARSEC level;

  • (b) are coordinated, to the extent practicable, with the identification systems of vessels that interface with the marine facility;

  • (c) are updated regularly; and

  • (d) allow temporary or continuing access to the marine facility by marine facility personnel, vessel personnel and other authorized persons, through the use of a badge or other means of verifying their identity.

• (3) The plan shall set out the frequency of application of access controls, particularly if they are to be applied on a random or occasional basis.

MARSEC Level 1

326 For MARSEC level 1, the security procedures for access control shall include, as appropriate to the facility’s operations,

• (a) verifying the identity of every person seeking to enter a controlled access area and the reasons for which they seek entry by confirming at least one of the following:

  • (i) joining instructions,

  • (ii) passenger tickets,

  • (iii) boarding passes,

  • (iv) work orders or marine surveyor orders,

  • (v) government identification,

  • (vi) restricted area passes,

  • (vii) access passes or other identification issued by the marine facility or, if applicable, passes issued by the port administration, or

  • (viii) visitor badges issued in accordance with an identification system;

• (b) authorized screening, at the rate specified in the marine facility security plan, of persons and goods, including vehicles, for weapons, explosives or incendiaries;

• (c) denying or revoking access to a marine facility by persons who are unable or unwilling, at the request of marine facility personnel, to establish their identity or account for their presence at the marine facility and recording details of the denials and revocations;

• (d) determining the appropriate access controls for restricted areas;

• (e) identifying access points that must be secured or attended to deter unauthorized access; and

• (f) deterring unauthorized access to the marine facility and to restricted areas.

MARSEC Level 2

327 For MARSEC level 2, the additional security procedures for access control shall include, as appropriate to the facility’s operations,

• (a) increasing the frequency and detail of the authorized screening of persons and goods, including vehicles, entering the marine facility, for weapons, explosives and incendiaries;

• (b) X-ray screening of all unaccompanied baggage for weapons, explosives and incendiaries;

• (c) assigning additional personnel to guard access points and to patrol the perimeter of the marine facility to deter unauthorized access;

• (d) limiting the number of access points to the marine facility by closing and securing some access points and providing physical barriers to impede movement through the remaining access points;

• (e) denying or revoking access by persons who are unable to provide a verifiable justification for seeking access to the marine facility; and

• (f) coordinating with the Minister, the appropriate law enforcement agencies and, if the marine facility is in a port, the port administration for the deterrence of waterside access to the marine facility, including using waterborne patrols to enhance security around the marine facility and any vessels located there.

MARSEC Level 3

328 For MARSEC level 3, the additional security procedures for access control shall include, as appropriate to the facility’s operations,

• (a) conducting the authorized screening of all persons and goods, including vehicles, for weapons, explosives and incendiaries;

• (b) in respect of unaccompanied baggage,

  • (i) conducting authorized screening more extensively for weapons, explosives and incendiaries, for example, by X-raying from two or more angles,

  • (ii) restricting or suspending the handling of it, or

  • (iii) refusing to accept it;

• (c) cooperating with emergency response personnel and other marine facilities;

• (d) granting access only to those responding to a security incident or security threat;

• (e) suspending access to the marine facility;

• (f) suspending cargo operations;

• (g) evacuating the marine facility;

• (h) restricting pedestrian or vehicular movement on the grounds of the marine facility; and

• (i) increasing monitoring at the marine facility.

Security Procedures for Restricted Areas

General

• 329 (1) A marine facility security plan shall designate restricted areas, as appropriate to the facility’s operations, in order to

  • (a) prevent or deter unauthorized access;

  • (b) protect the marine facility, including security and surveillance equipment and systems, and persons authorized to be at the facility;

  • (c) protect vessels interfacing with the marine facility; and

  • (d) protect ships’ stores from tampering.

• (2) The plan shall contain security procedures to ensure that notices are posted in compliance with section 21 of the Act.

• (3) Restricted areas shall be established for

  • (a) land areas adjacent to vessels interfacing with the marine facility;

  • (b) areas in which security-sensitive information is kept, including cargo documentation;

  • (c) areas containing the central controls for security and surveillance equipment and systems and areas that contain the central lighting system controls;

  • (d) areas containing the critical infrastructure of the marine facility, such as

    • (i) water supplies,

    • (ii) telecommunications,

    • (iii) electrical systems, and

    • (iv) access points for ventilation and air-conditioning systems;

  • (e) manufacturing or processing areas and control rooms;

  • (f) locations in the marine facility where it is reasonable to restrict access by vehicles and persons;

  • (g) areas designated for loading, unloading or storage of cargo and ships’ stores; and

  • (h) areas containing certain dangerous cargoes.

• (4) The following areas shall be established as restricted area two:

  • (a) areas in the marine facilities set out in Part 1 of Schedule 1 that contain the central controls for security and surveillance equipment and systems and areas that contain the central lighting system controls; and

  • (b) areas that are designated for the loading or unloading of cargo and ships’ stores at the cruise ship terminals set out in Part 1 of Schedule 1 and land areas adjacent to vessels interfacing with those cruise ship terminals.

330 A marine facility security plan shall contain security procedures, as appropriate to the facility’s operations, for restricted areas at each MARSEC level for

• (a) identifying the marine facility personnel and other persons who are authorized to have access;

• (b) determining the conditions under which access may take place including procedures for escorting persons who do not have restricted area passes;

• (c) establishing the times during which access restrictions apply; and

• (d) ensuring that notices are posted in compliance with section 21 of the Act.

MARSEC Level 1

• 331 (1) For MARSEC level 1, a marine facility security plan shall contain security procedures, as appropriate to the facility’s operations, to prevent unauthorized access or activities in restricted areas that include

  • (a) restricting access to authorized personnel;

  • (b) securing all access points not actively used and providing physical barriers to impede movement through the remaining access points;

  • (c) controlling access to restricted areas;

  • (d) examining the identification and authorization of persons and vehicles seeking entry;

  • (e) patrolling or monitoring the perimeter of restricted areas;

  • (f) using security personnel, automatic intrusion detection devices, surveillance equipment or surveillance systems to detect unauthorized entry into or movement in restricted areas;

  • (g) directing the parking, loading and unloading of vehicles in restricted areas;

  • (h) controlling the movement and storage of cargo and ships’ stores;

  • (i) designating restricted areas for performing inspections of cargo and ships’ stores that are awaiting loading; and

  • (j) designating temporary restricted areas to accommodate marine facility operations, including restricted areas for segregating unaccompanied baggage that has undergone authorized screening by a vessel operator.

• (2) The marine facility security plan shall include a requirement that, if a temporary restricted area is designated, a security sweep of it shall be conducted both before and after it is designated.

MARSEC Level 2

332 For MARSEC level 2, additional security procedures for restricted areas shall include, as appropriate to the facility’s operations,

• (a) increasing the intensity and frequency of monitoring and access control of restricted areas;

• (b) enhancing the effectiveness of the physical barriers surrounding restricted areas, by the use of patrols or automatic intrusion detection devices;

• (c) reducing the number of access points to restricted areas and enhancing the controls applied at the remaining access points;

• (d) restricting the parking of vehicles adjacent to vessels;

• (e) reducing access to the restricted areas and movements and storage in them;

• (f) using surveillance equipment that records and monitors continuously;

• (g) increasing the number and frequency of patrols, including the use of waterborne patrols; and

• (h) establishing and restricting access to areas adjacent to restricted areas.

MARSEC Level 3

333 For MARSEC level 3, the additional security procedures for restricted areas shall include, as appropriate to the facility’s operations,

• (a) designating additional restricted areas;

• (b) prohibiting access to restricted areas; and

• (c) searching restricted areas as part of a security sweep of all or part of the marine facility.

Security Procedures for Handling Cargo

General

334 A marine facility security plan shall contain security procedures, as appropriate to the facility’s operations, for cargo handling for each MARSEC level for

• (a) deterring tampering and detecting evidence of it;

• (b) preventing cargo that is not meant for carriage from being accepted or stored at the marine facility without the consent of the operator of the marine facility;

• (c) identifying cargo that is accepted for loading onto vessels interfacing with the marine facility;

• (d) controlling inventory at access points to the marine facility;

• (e) identifying cargo that is accepted for temporary storage in a restricted area while awaiting loading or pick up;

• (f) releasing cargo only to the carrier specified in the cargo documentation;

• (g) coordinating with shippers and other persons responsible for cargo;

• (h) creating, updating, and maintaining a continuous inventory of certain dangerous cargoes, from receipt to delivery in the marine facility, that sets out the location in which they are stored; and

• (i) the examination of the documentation of cargo entering the marine facility.

MARSEC Level 1

335 For MARSEC level 1, the security procedures for cargo handling shall include, as appropriate to the facility’s operations,

• (a) verifying that cargo, containers and cargo transport units entering the marine facility match the invoice or other cargo documentation;

• (b) routinely inspecting cargo, containers, cargo transport units and cargo storage areas in the marine facility before and during cargo handling operations to detect evidence of tampering, unless it is unsafe to do so;

• (c) examining documents for vehicles entering the marine facility; and

• (d) examining seals and other methods used to detect evidence of tampering when cargo, containers or cargo transport units enter the marine facility or are stored there.

MARSEC Level 2

336 For MARSEC level 2, the additional security procedures for cargo handling shall include, as appropriate to the facility’s operations,

• (a) authorized screening of cargo, containers, and cargo transport units in or about to enter the marine facility and cargo storage areas for weapons, explosives and incendiaries;

• (b) intensifying inspections to ensure that only documented cargo enters the marine facility, is temporarily stored there and is then loaded on board a vessel;

• (c) authorized screening of vehicles for weapons, explosives and incendiaries;

• (d) increasing the frequency and detail of examinations of seals and other methods used to prevent tampering;

• (e) segregating inbound cargo, outbound cargo and ships’ stores;

• (f) increasing the frequency and intensity of visual and physical inspections; and

• (g) limiting the number of locations where certain dangerous cargoes are stored.

MARSEC Level 3

337 For MARSEC level 3, the additional security procedures for cargo handling shall include, as appropriate to the facility’s operations,

• (a) restricting or suspending cargo movements or operations in all or part of the marine facility;

• (b) cooperating with responders and vessels; and

• (c) confirming the inventory and location of certain dangerous cargoes in the marine facility.

Security Procedures for Delivery of Ships’ Stores and Bunkers

General

338 A marine facility security plan shall contain security procedures, as appropriate to the facility’s operations, for the delivery of ships’ stores and bunkers for each MARSEC level for

• (a) inspecting ships’ stores for package integrity;

• (b) preventing them from being accepted without inspection; and

• (c) preventing tampering.

MARSEC Level 1

339 For MARSEC level 1, the security procedures for ships’ stores and bunkers shall include, as appropriate to the facility’s operations,

• (a) coordinating with vessel operators that are inspecting ships’ stores;

• (b) requiring advance notification of the delivery of ships’ stores or bunkers, including a list of stores or bunkers, and driver and vehicle registration information in respect of the delivery vehicle;

• (c) inspecting delivery vehicles at the rate specified in the marine facility security plan; and

• (d) controlling the delivery vehicles in the marine facility.

MARSEC Level 2

340 For MARSEC level 2, the additional security procedures for ships’ stores and bunkers shall include, as appropriate to the facility’s operations,

• (a) coordinating with vessel operators that are inspecting ships’ stores more intensively;

• (b) authorized screening of delivery vehicles for weapons, explosives and incendiaries at the rate specified in the marine facility security plan;

• (c) verifying that ships’ stores and bunkers, before they enter the marine facility, match the invoice or other documentation;

• (d) escorting delivery vehicles in the marine facility; or

• (e) restricting or prohibiting the entry of ships’ stores and bunkers that will not leave the marine facility within the period of time set out in the invoice or other documentation.

MARSEC Level 3

341 For MARSEC level 3, the additional security procedures for the delivery of ships’ stores and bunkers shall include, as appropriate to the facility’s operations,

• (a) authorized screening of all delivery vehicles for weapons, explosives and incendiaries;

• (b) restricting or suspending the delivery of ships’ stores and bunkers; and

• (c) refusing to accept ships’ stores and bunkers in the marine facility.

Security Procedures for Monitoring

General

• 342 (1) A marine facility security plan shall contain, as appropriate to the facility’s operations, security procedures for each MARSEC level for the continuous monitoring of

  • (a) the marine facility and its approaches on land and water;

  • (b) restricted areas in the marine facility; and

  • (c) vessels interfacing with the marine facility.

• (2) The plan may provide that the monitoring may be effected by any combination of the following:

  • (a) lighting;

  • (b) security guards, on foot or in vehicles, and waterborne patrols; and

  • (c) automatic intrusion-detection devices and surveillance equipment.

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

  • (a) marine facility personnel are able to detect activities at the marine facility;

  • (b) the lighting facilitates the identification of persons at access points; and

  • (c) the lighting can be provided through coordination with the port administration and vessels.

• (4) The plan shall provide that monitoring equipment

  • (a) if it is an automatic intrusion-detection device, activates an audible or visual alarm, or both, at a location that is continuously attended or monitored;

  • (b) is able to function continuously, including during periods of adverse weather or power disruption;

  • (c) monitors access and movements adjacent to vessels interfacing with the marine facility; and

  • (d) limits lighting effects, such as glare, and their impact on safety, navigation and other security activities.

MARSEC Level 1

343 For MARSEC level 1, the security procedures shall provide, as appropriate to the facility’s operations, for monitoring at all times.

MARSEC Level 2

344 For MARSEC level 2, the additional security procedures for monitoring shall include, as appropriate to the facility’s operations,

• (a) increasing the coverage and intensity of lighting and surveillance equipment, including the provision of additional lighting and surveillance;

• (b) increasing the frequency of foot, vehicle or waterborne patrols; and

• (c) assigning additional security personnel to monitor and patrol.

MARSEC Level 3

345 For MARSEC level 3, the additional security procedures for monitoring shall include, as appropriate to the facility’s operations,

• (a) switching on all lighting in, or illuminating the vicinity of, the marine facility;

• (b) switching on all surveillance equipment capable of recording activities in or adjacent to the marine facility; and

• (c) maximizing the length of time that surveillance equipment can continue to record.

Security Threats, Security Breaches and Security Incidents

346 At each MARSEC level, the marine security plan shall contain procedures, as appropriate to the facility’s operations, for the marine facility security officer and persons who have security responsibilities with respect to the facility to

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

  • (i) prohibiting entry into the affected area,

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

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

  • (iv) stopping cargo-handling operations, and

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

• (b) evacuate the marine facility in case of security threats and security incidents;

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

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

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

Additional Passenger Facility and Ferry Facility Requirements

• 347 (1) For MARSEC level 1, the marine facility security plan in respect of a passenger facility or a ferry facility shall contain security procedures additional to those required in sections 324 to 345 for

  • (a) in a marine facility with no designated public access area, establishing separate areas to segregate persons and goods, including vehicles, that have not been screened from those that have;

  • (b) in a marine facility with a designated public access area, providing sufficient security personnel to monitor all persons in the area and to conduct authorized screening of persons and goods;

  • (c) authorized screening of vehicles to be loaded on board a vessel for weapons, explosives and incendiaries before loading;

  • (d) authorized screening of all unaccompanied vehicles to be loaded on board a vessel for weapons, explosives and incendiaries before loading; and

  • (e) denying passenger access to restricted areas unless the restricted areas are monitored by marine facility security personnel.

• (2) For MARSEC level 2, the marine facility security plan in respect of a passenger facility or ferry facility that has no designated public access area shall contain additional security procedures for the authorized screening of passengers and goods, including vehicles, before they board or are loaded on board a vessel.

• (3) For MARSEC level 3, the marine facility security plan of a passenger facility or ferry facility with no designated public access area shall contain additional security procedures for

  • (a) verifying the identity of all persons and conducting authorized screening of them for weapons, explosives and incendiaries;

  • (b) conducting authorized screening of all goods, including vehicles, for weapons, explosives and incendiaries; and

  • (c) assigning additional security personnel and patrols.

Additional Requirements for Cruise Ship Terminals

348 For each MARSEC level, the marine facility security plan in respect of a cruise ship terminal shall contain security procedures additional to those required in sections 324 to 345 for

• (a) verifying the identity of all persons seeking to enter a controlled access area of the cruise ship terminal by, for example, confirming the reason for boarding or examining joining instructions, passenger tickets, boarding passes, government identification, visitor badges or work orders;

• (b) assisting the operator of a vessel to coordinate the authorized screening of all persons and goods, including vehicles, for weapons, explosives and incendiaries;

• (c) designating holding, waiting and embarkation areas to segregate persons and baggage that have been screened and are awaiting embarkation from those that have not been screened;

• (d) providing additional security personnel to designated holding, waiting, and embarkation areas; and

• (e) denying passenger access to restricted areas.

Additional Requirements for CDC Facilities

• 349 (1) For each MARSEC level, the marine facility security plan in respect of a CDC facility shall contain security procedures additional to those required in sections 324 to 345 for

  • (a) except in the case of prearranged cargo deliveries, escorting all persons who are not personnel of the CDC facility at all times while they are at the CDC facility if they do not provide access identification;

  • (b) controlling the parking and loading and unloading of vehicles;

  • (c) requiring security personnel to record or report their presence at key points during their patrols;

  • (d) conducting a security sweep of unmanned or unmonitored waterfront areas for dangerous substances and devices before a vessel’s arrival; and

  • (e) providing an alternative or independent power source for security and communication systems.

• (2) For MARSEC level 2, the additional security procedures shall include

  • (a) releasing cargo only in the presence of the marine facility security officer; and

  • (b) continuously guarding or patrolling restricted areas.

• (3) For MARSEC level 3, the marine facility security plan shall contain additional security procedures to ensure that the CDC facility is continuously guarded and the restricted areas are patrolled.

350 [Repealed, SOR/2014-162, s. 36]

Audits and Amendments

• 351 (1) An audit of a marine facility security plan shall take into account the most recent marine facility security assessment and determine whether there are any deficiencies or changes in security threats, procedures, responsibilities of personnel, operations or operator that require amendments to be made to the plan.

• (2) An audit is conducted

  • (a) annually, effective on the day on which the plan is approved; and

  • (b) whenever there is a new operator of the marine facility, a change in operations or location or modifications to the marine facility that could affect its security.

• (3) Persons conducting an audit shall have knowledge of the methods of conducting audits and inspections and of access control and monitoring techniques and, if possible, be independent of the activities being audited.

• (4) If the results of an audit require an amendment to be made to the marine facility security assessment or plan, the marine facility security officer shall submit an amendment to the Minister for approval within 30 days after completion of the audit.

• (5) The operator of a marine facility may submit to the Minister other amendments to the approved marine facility security plan. They shall be submitted at least 30 days before they are to take effect.

• (6) The operator of a marine facility shall, within 60 days after the day on which the Minister informs the operator in writing that the marine facility security plan no longer meets the requirements to remain approved, ensure that amendments are submitted to the Minister for approval.

• (7) If amendments are required under subsection (4) or (6) 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 marine facility receives notification that the plan is no longer valid.

• (8) The marine facility security officer shall attach to the plan an approval document issued under subsection 352(1).

Submission and Approval

• 352 (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.

Required Documentation

353 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).

[354 reserved]

Occasional-Use Marine Facilities

Operator

355 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.

Occasional-Use Marine Facility Security Officer

General

• 356 (1) An occasional-use marine facility security officer may

  • (a) act in that capacity for more than one occasional-use marine facility if they are able to fulfil the responsibilities for each occasional-use marine facility;

  • (b) have other responsibilities within the operator’s organization if they are able to fulfil their responsibilities; and

  • (c) delegate tasks required by section 358.

• (2) An occasional-use marine facility security officer remains responsible for the performance of the tasks they delegate.

Qualifications

357 An occasional-use marine facility security officer shall have, by training or job experience, knowledge and competence that is relevant to the industry in which the marine facility operates and is in the following areas:

• (a) the administrative and organizational structure for security at the occasional-use marine facility;

• (b) the operations and operating conditions of the occasional-use marine facility and vessels;

• (c) the security procedures of the occasional-use marine facility, vessels and port, including the meaning and the requirements of the different MARSEC levels;

• (d) emergency preparedness and response and contingency planning;

• (e) security equipment and systems and their operational limitations;

• (f) relevant international conventions, codes, standards and recommendations;

• (g) relevant legislation, regulations and security measures, rules and procedures; and

• (h) the responsibilities and functions of municipal, provincial and federal law enforcement agencies.

Responsibilities

358 An occasional-use marine facility security officer shall

• (a) ensure security awareness and vigilance at the occasional-use marine facility, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions there;

• (b) ensure that appropriate security training is provided to personnel at the occasional-use marine facility in accordance with this Part;

• (c) report security incidents to the appropriate law enforcement agencies and the Minister as soon as possible after they occur so that an investigation can be conducted;

• (d) coordinate the signing and implementation of the declaration of security between the occasional-use marine facility and interfacing vessel;

• (e) shall, in the case of an interface with a vessel to which Part 2 applies, ensure that

  • (i) security sweeps are performed before and after the interface in order to confirm the absence of security threats, dangerous substances or devices, and

  • (ii) implement any temporary security procedures that are required during the interface; and

• (f) keep records of security sweeps and declarations of security in respect of the occasional-use marine facility and send a copy of each declaration of security to the Minister.

Security Procedures

• 359 (1) Security procedures shall be established for an occasional-use marine facility. The security procedures shall include

  • (a) a description of the organization of the occasional-use marine facility in terms of security, including the tasks of marine facility personnel with security responsibilities;

  • (b) the name of the operator and the name and position of the occasional-use marine facility security officer, including information on how they may be contacted at any time;

  • (c) a description of procedures for:

    • (i) responding to changes in the MARSEC level,

    • (ii) interfacing, at each MARSEC level, with vessels to which Part 2 applies,

    • (iii) coordinating, 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 to the vessel by visitors passing through the occasional-use marine facility,

    • (iv) reporting security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration,

    • (v) meeting the requirements respecting declarations of security,

    • (vi) implementing any temporary security procedures that are required during an interface,

    • (vii) keeping the records referred to in paragraph 358(f),

    • (viii) as appropriate to the occasional-use marine facility’s operations, briefing marine facility personnel on potential threats to security and on the need for vigilance and for their assistance in reporting suspicious persons, objects or activities, at each MARSEC level, and

    • (ix) as appropriate to the occasional-use marine facility’s operations, performing the security sweeps required by paragraph 358(e).

• (2) The security procedures established for an occasional-use marine facility shall also include procedures, as appropriate to the marine facility’s operations, to control access to the marine facility at each MARSEC level and to

  • (a) deter the unauthorized entry of weapons, explosives and incendiaries, including any device that could be used to damage or destroy marine facilities or vessels or harm individuals;

  • (b) secure any weapons, explosives, incendiaries or other dangerous substances and devices that are authorized by the operator to be at the occasional-use marine facility;

  • (c) identify the locations at which restrictions or prohibitions to prevent unauthorized access are to be applied for each MARSEC level and specify that each location allowing access to the occasional-use marine facility is to be addressed;

  • (d) identify the types of restrictions or prohibitions to be applied and the means of applying them;

  • (e) establish the means of identification required to allow persons and vehicles to have access to or remain in the occasional-use marine facility without challenge; and

  • (f) identify the locations at which the authorized screening of persons and goods, including vehicles, is to be conducted, and ensure that these locations are covered in order to enable continuous screening regardless of weather conditions.

Approval of Security Procedures

• 360 (1) If the Minister is satisfied that the security procedures for an occasional-use marine facility meet the requirements of section 359, the Minister shall approve the security procedures and issue a letter of compliance certifying that they meet the requirements of this Part, unless approving the security procedures is not in the public interest and is likely to adversely affect marine transportation security.

• (2) Security procedures are valid for the period fixed by the Minister, which shall not exceed five years after the day on which they are 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; and

  • (d) the complexity of the security procedures of the marine facility and the details of those procedures.

Required Documentation

360.1 No person shall operate an occasional-use marine facility without a valid letter of compliance issued under subsection 360(1).

Ports

361 [Repealed, SOR/2014-162, s. 41]

Responsibilities of the Port Administration

362 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;

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

• (i) clearly mark with signs each restricted area at the port.

Responsibilities of the Port Security Officer

363 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

• 364 (1) 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.

• (2) The port security committee shall meet at least once a year for the purpose of reviewing its responsibilities that result from the application of subsection (1) and determining on that basis whether any modifications are required to the port security plan.

Composition of the Port Security Committee

365 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

366 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.

Requirements for Persons Providing Port Security Assessment Information

367 The persons who provide port security assessment information shall have, collectively, the competence to evaluate the security of the port, including knowledge in the following areas:

• (a) current security threats and patterns;

• (b) the detection and recognition of weapons, explosives and incendiaries and other dangerous substances and devices;

• (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

• (d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

• (e) methods used to cause a security incident;

• (f) the effects of dangerous substances and devices on structures and essential services;

• (g) port security, marine facility and vessel security requirements;

• (h) marine facility and vessel interface business practices;

• (i) emergency preparedness and response and contingency planning;

• (j) physical security requirements;

• (k) radio and telecommunications systems, including computer systems and networks;

• (l) marine or civil engineering; and

• (m) marine facility and vessel operations.

Port Security Assessment Information

368 Port security assessment information shall consist of the following:

• (a) the general layout of the port, including the location of

  • (i) active and inactive access points to the port,

  • (ii) security doors, barriers, and lighting,

  • (iii) restricted areas,

  • (iv) emergency and stand-by equipment available to maintain essential services,

  • (v) storage areas for maintenance equipment, unaccompanied baggage, ships’ stores and cargo,

  • (vi) escape and evacuation routes and assembly stations, and

  • (vii) existing security and safety equipment for the protection of personnel and visitors;

• (b) changes in the tide that might have an impact on the vulnerability or security of the port;

• (c) a list of the emergency and stand-by equipment available to maintain essential services;

• (d) for each marine facility in the port, the number of personnel and the security tasks of persons with security responsibilities;

• (e) existing security and safety equipment for the protection of personnel and visitors at the port;

• (f) escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the port;

• (g) the results of security audits; and

• (h) security procedures in effect, including inspection and access control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarm, lighting and other appropriate systems.

Elements of Port Security Assessments

369 The Minister shall conduct a port security assessment that addresses the following elements in respect of the port, as applicable:

• (a) the physical security;

• (b) the structural integrity;

• (c) personnel protection systems;

• (d) operational procedures that might impact on security;

• (e) the radio and telecommunications systems, including computer systems and networks;

• (f) the relevant transportation support infrastructure;

• (g) utilities;

• (h) response organizations; and

• (i) other elements that might, if damaged or used illicitly, pose a risk to persons, property or operations at the port.

On-site Survey and Vulnerability Assessments

370 The on-site survey shall examine and evaluate current protective procedures and operations to verify or collect port security assessment information.

• 371 (1) A port security assessment shall include a vulnerability assessment undertaken in consultation with the operators of marine facilities in the port and representatives of labour to determine the following so as to produce an overall assessment of the level of risk against which security procedures have to be developed:

  • (a) any particular aspect of the port, including vessel traffic in the vicinity, that could make it a target of an attack;

  • (b) the possible consequences of an attack against the port in terms of loss of life, damage to property and economic disruption, including disruption to marine transport systems;

  • (c) the capability and intent of persons likely to mount an attack; and

  • (d) the possible types of attack.

• (2) The vulnerability assessment shall include a consideration of the following:

  • (a) current security procedures, including identification systems;

  • (b) methods and points of access to the port;

  • (c) the procedures to protect radio and telecommunications equipment, including computer systems and networks;

  • (d) any conflicting policies between safety and security procedures;

  • (e) any enforcement or personnel constraints;

  • (f) methods for monitoring restricted areas and other areas that have restricted access to ensure that only authorized persons have access;

  • (g) areas adjacent to the port that might be exploited during or for an attack;

  • (h) current security procedures relating to utilities and other services;

  • (i) any deficiencies identified during training or drills;

  • (j) any deficiencies identified during daily operations or following incidents or alerts, reports of security concerns, the application of control measures or audits; and

  • (k) the structural integrity of the port.

Port Security Plan

General

372 A port security plan

• (a) shall be based on the findings of the port security assessment;

• (b) shall be in English or French;

• (c) shall be protected from unauthorized access or disclosure;

• (d) shall, if stored in electronic format, have procedures to prevent its unauthorized deletion, destruction or amendment; and

• (e) shall be submitted to the Minister for approval.

Submission and Approval

• 372.1 (1) If the Minister is satisfied that a security plan meets the requirements of this Part, the Minister shall approve the security 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) The plan is valid for the period fixed by the Minister, which shall not exceed 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 port’s operations and the industry in which it operates;

  • (b) the port administration’s security record; and

  • (c) the complexity of the port security plan and the details of its procedures.

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

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

Required Documentation

372.2 No person shall operate a port without a valid interim statement of compliance issued under subsection 372.1(3) or a valid statement of compliance issued under subsection 372.1(5).

Content

373 The port security plan shall address each vulnerability identified in the port security assessment and include

• (a) the organization of the port administration in terms of security, including the tasks of personnel who have security responsibilities;

• (b) the name of the port administration and the name and position of the port security officer, including information on how they may be contacted at any time;

• (c) the identification of restricted areas and any security procedures, equipment or systems for those areas;

• (c.1) in the case of a port set out in Part 2 or 3 of Schedule 1, the identification of those areas containing the central controls for security and surveillance equipment and systems and areas that contain the central lighting system controls as restricted area two;

• (d) a description of procedures for and frequency of exercises;

• (e) a description of procedures for the following:

  • (i) ensuring the security of information in the port security plan and keeping the records referred to in section 375,

  • (ii) maintaining security and communication systems and equipment,

  • (iii) identifying and correcting security equipment or systems failures or malfunctions,

  • (iv) communications,

  • (v) responding to changes in the MARSEC level,

  • (vi) preventing unauthorized weapons, explosives, incendiaries or other dangerous substances or devices from entering the marine facilities in the port,

  • (vii) reporting security threats and security incidents to the appropriate law enforcement agencies and the Minister as soon as possible after they occur so that an investigation can be conducted,

  • (viii) reporting security breaches to the Minister,

  • (ix) securing non-critical operations in order to focus response on critical operations, and

  • (x) periodically reviewing, updating and auditing the port security plan;

• (f) a description of

  • (i) security procedures, equipment and systems for access control,

  • (ii) security procedures for the delivery of ships’ stores and bunkers,

  • (iii) security procedures, equipment and systems for monitoring the port and surrounding area, and

  • (iv) procedures for security threats, security breaches and security incidents, including procedures for the evacuation of the port;

• (g) the identification of positions for which a transportation security clearance is required; and

• (h) a description of the procedures to facilitate shore leave for vessel personnel or crew change.

Port Security Exercises

• 374 (1) Port security exercises

  • (a) shall fully test the port security plan and include the substantial and active participation of personnel who have security responsibilities in the port;

  • (b) may include security personnel from vessels, other marine facilities, appropriate law enforcement agencies, the Minister and other competent authorities, depending on the scope and the nature of the exercises; and

  • (c) shall test communication and notification procedures and elements of coordination, resource availability and response.

• (2) The port security exercises shall be conducted at least once every calendar year with no more than 18 months between them.

• (3) Exercises may

  • (a) be full-scale or live;

  • (b) be a tabletop simulation or seminar;

  • (c) be combined with other appropriate exercises; or

  • (d) be a combination of two or more of the elements set out in paragraphs (a) to (c).

Port Record Keeping

• 375 (1) The port security officer shall, in respect of the port, keep records of

  • (a) security training, including the date, the duration and description and the names of the participants;

  • (b) security drills and exercises, including the date and description, the names of the participating marine facilities and any best practices or lessons learned that might improve the port security plan;

  • (c) security threats, security breaches and security incidents, including the date, time, location and description, the response to them and the person to whom they were reported;

  • (d) changes in the MARSEC level, including the date, the time that notification was received and the time of compliance with the security requirements of the new level;

  • (e) maintenance, calibration and testing of equipment used in security, including the date and time of the activity and the equipment involved;

  • (f) internal audits and reviews of security activities;

  • (g) security assessment information;

  • (h) the port security assessment and each periodic review of the port security assessment, including the date on which it was conducted and the findings of the review;

  • (i) the port security plan and each periodic review of the port security plan, including the date on which it was conducted, the findings of the review and any amendments to the plan that are recommended;

  • (j) each amendment to the port security plan, including the date of its approval and implementation;

  • (k) a list of the persons in the port administration who have security responsibilities;

  • (l) an up-to-date list containing the names of screening officers; and

  • (m) an up-to-date list, by name and position, of the holders of transportation security clearances.

• (2) Records respecting equipment that is not used exclusively for security may be kept separately from the records respecting equipment that is used exclusively for security if

  • (a) the port security officer documents, in written or electronic form, their existence and location and the name of the person responsible for their maintenance; and

  • (b) they are accessible to the port security officer.

• (3) The port security officer shall ensure that the records are kept for at least two years after the day on which they are made and make them available to the Minister on request.

• (4) The records shall be protected from unauthorized access or disclosure.

• (5) The records may be kept in electronic format if they are protected from deletion, destruction and revision.

• (6) No person shall disclose security information contained in the records, unless the disclosure is for the purpose of complying with these Regulations.

[376 to 379 reserved]

Restricted Areas

Access

• 380 (1) No person shall enter or remain in a restricted area unless they are

  • (a) the holder of a restricted area pass issued under section 384 for that restricted area;

  • (b) a person who does not ordinarily work at the marine facility or port and who is being escorted by a holder of a restricted area pass;

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

  • (d) a member of one of the following groups who is on duty at a marine facility or on a vessel at a marine facility:

    • (i) any police force in Canada,

    • (ii) the Canadian Security Intelligence Service,

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

    • (iv) the Canada Border Services Agency;

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

  • (f) a member of the complement of the vessel in the performance of their duties and in compliance with the vessel security plan and the marine facility security plan.

• (2) A commercial truck driver who is required to enter a restricted area two at a marine facility or port as part of their commercial activities may enter and remain in the area to carry out the activities if

  • (a) the driver holds a valid FAST/EXPRES card issued under the Free and Secure Trade (FAST) program by the Canada Border Services Agency or the U.S. Customs and Border Protection;

  • (b) the operator of the marine facility or port administration informs the driver of all applicable procedures and requirements, as identified and approved in the marine facility security plan, and ensures that the driver meets the procedures and requirements; and

  • (c) the driver follows the procedures and requirements identified by the operator of the marine facility or port administration.

• (3) A passenger of a cruise ship may transit a restricted area two if the passenger uses a passageway that

  • (a) is demarcated for use by passengers in accordance with the marine facility security plan; and

  • (b) is supervised by a person who has a transportation security clearance.

• 381 (1) A person who is being escorted in a restricted area shall remain with the escort while in the restricted area.

• (2) An escort shall remain with the person being escorted or ensure that another holder of a restricted area pass acts as the escort while the person is in the restricted area.

• (3) In the case of a restricted area two, no person shall escort more than 10 persons or one vehicle at one time.

382 No person shall provide access to or assist another person to enter a restricted area unless the person accessing the restricted area is authorized under section 380.

383 The holder of a restricted area pass shall, when they enter or remain in a restricted area, display the pass on their outer clothing and above their waist with, except in the case of a temporary restricted area pass, their photograph or other facial image visible at all times.

Restricted Area Passes or Keys

Issuance

• 384 (1) Subject to subsection (2), a port administration or an operator of a marine facility may issue a restricted area pass or a key only to a person who requires access to a specific restricted area in the performance of their duties and, in the case of a restricted area two, who ordinarily works at the port or marine facility or who requires access to the restricted area on an occasional basis.

• (2) A port administration or an operator of a marine facility may only issue a temporary restricted area pass to a person who

  • (a) in the case of a restricted area other than a restricted area two, is waiting for a restricted area pass that has been requested;

  • (b) is a holder of a restricted area pass and is in one of the following circumstances:

    • (i) they have forgotten their restricted area pass, or

    • (ii) they have lost their restricted area pass or it was accidentally destroyed and they are waiting for a replacement restricted area pass for which they have made a request; or

  • (c) does not ordinarily work at the port or marine facility and who, in the performance of their duties, requires temporary access to a restricted area other than a restricted area two.

• (3) Prior to issuing a restricted area pass, the port administration or operator of a marine facility shall confirm the identity of the person in the following manner:

  • (a) in the case of a restricted area pass to be issued to a person who holds a transportation security clearance, by valid photo-bearing identification issued by

    • (i) the Government of Canada or the government of any province, territory or municipality in Canada, or

    • (ii) an employer known to the port administration or operator of the marine facility; or

  • (b) in the case of a restricted area pass to be issued to any other person, by

    • (i) one of the means of identification referred to in paragraph (a), or

    • (ii) other documentation containing sufficient information to enable identification of the person.

• (4) Prior to issuing a restricted area pass for a restricted area two, the port administration or operator of the marine facility shall verify with the Minister that the person has been issued a transportation security clearance as required by section 503.

• (5) The port administration or operator of the marine facility shall confirm the period during which access to the restricted area is required by way of documentation that sets out an expiry date or other relevant information.

• (6) The port administration or operator of the marine facility shall issue restricted area passes that comply with the requirements of sections 392 and 394, as applicable.

General

• 385 (1) A holder of a restricted area pass or key that has been lost or stolen shall immediately report its loss or theft to the port administration or the operator of the marine facility.

• (2) The port administration or operator of the marine facility shall immediately cancel a restricted area pass and any associated key upon being notified of its loss or theft.

• 386 (1) A port administration or an operator of a marine facility shall keep a record of

  • (a) the number of restricted area passes or keys issued and, for each pass, the name of the holder, the number of the pass or key, the date of issue, the period of validity, and, if applicable, the date of suspension or revocation; and

  • (b) lost or stolen passes or keys.

• (2) The port administration or operator of a marine facility shall ensure that the records referred to in subsection (1) are:

  • (a) kept for at least two years after the date they are made; and

  • (b) available to the Minister on request.

387 A person shall not provide false information for the purpose of obtaining a restricted area pass or a key.

388 A person shall not use a restricted area pass or a key except while in the performance of their duties.

• 389 (1) The holder of a restricted area pass or a key shall return it to the marine facility operator or the person who issued it when

  • (a) the holder ceases to work at a marine facility; or

  • (b) the holder otherwise ceases to require the restricted area pass or the key.

• (2) When a restricted area pass or a key is returned to an employer, the employer shall immediately give it to the marine facility operator or the person who issued it.

390 A person shall surrender on demand a restricted area pass or a key in their possession to the marine facility operator, the person who issued it, a peace officer or the Minister.

391 No person shall

• (a) loan or give a restricted area pass or a key that was issued to one person to another person;

• (b) alter or otherwise modify a restricted area pass or a key;

• (c) have or use a restricted area pass or a key that was issued to another person;

• (d) use a counterfeit restricted area pass or key; or

• (e) make or reproduce a copy of a restricted area pass or key.

Content

• 392 (1) Subject to subsection (2), a restricted area pass shall show the name, height and eye colour of the person to whom the pass has been issued, a clear photograph of the person’s head and shoulders or other facial image and an expiry date that is not later than five years after the date of issue or, in the case of a restricted area pass issued to a person who holds a transportation security clearance, that is not later than the expiry date of the transportation security clearance.

• (2) A temporary restricted area pass need not meet the requirements of subsection (1), but it shall bear a mark that clearly distinguishes it as a temporary pass.

Administration

• 393 (1) A port administration may issue keys and restricted area passes, and keep an up-to-date list, by name and position, of the holders of transportation security clearances, on behalf of marine facility operators in the port.

• (2) If a port administration administers restricted areas passes on behalf of marine facility operators in the port, a marine facility operator shall cooperate with the port administration and shall provide it with the information required.

Distinctive Mark — Transportation Security Clearances

394 Every restricted area pass issued to a holder of a transportation security clearance shall bear a mark that clearly distinguishes it from restricted area passes issued to persons who are not transportation security clearance holders.

[395 to 399 reserved]

PART 4 — [RESERVED]

400 [Reserved]

401 [Reserved]

PART 5Transportation Security Clearance

[500 reserved]

Application

• 501 (1) This Part applies to the marine facilities set out in Part 1 of Schedule 1 and to the port administrations for the ports at which the marine facilities are located.

• (2) This Part also applies to every licensed ship’s pilot, as defined in section 2 of the Pilotage Act, having the conduct of a vessel that interfaces with a marine facility set out in Part 1 of Schedule 1 or of a vessel in the waters of a port set out in Part 2 or 3 of that Schedule.

Operator of a Marine Facility

502 The operator of a marine facility and the port administration shall ensure that the requirements of this Part are met.

Transportation Security Clearance

503 Every person shall be a holder of a transportation security clearance if they

• (a) require access to a restricted area two and cannot enter the area under any of paragraphs 380(1)(b) to (f) or subsection 380(2) or (3);

• (b) are a licensed ship’s pilot referred to in subsection 501(2);

• (c) are a harbour master or wharfinger appointed under subsection 69(1) of the Canada Marine Act;

• (d) have security responsibilities, including authorized screening and security guard functions, at the marine facilities and port administrations for the ports referred to in subsection 501(1);

• (e) take applications for transportation security clearances and the applicants’ fingerprints and facial images, which functions are performed on behalf of the Minister and for the purposes of this Part;

• (f) have access to a cruise ship that is interfacing with a restricted area two to provide services, supplies or equipment to the cruise ship or a member of the complement of the cruise ship;

• (g) could cause the failure of a preventive measure, delay the response to a security incident or adversely affect the recovery from a security incident as a result of being assigned or performing any of the following duties, responsibilities or functions:

  • (i) access to security information at the marine facility or port,

  • (ii) the supervision of marine facility operations,

  • (iii) the creation, alteration, control or maintenance of cargo documentation or crew or passenger lists by a person who

    • (A) is present at the marine facility or port, or

    • (B) has advance access to the documentation or lists, or

  • (iv) the planning or directing of the movement of cargo or containers at a container terminal, including their loading and unloading into and from vessels; or

• (h) are a seafarer who has submitted an application for a Seafarer’s Identification Document.

504 The holder of a transportation security clearance who has been issued a restricted area pass shall display the pass on their outer clothing and above their waist, with their photograph or other facial image visible at all times when they

• (a) perform the responsibilities, duties or functions for which a transportation security clearance is required; or

• (b) enter or remain in a restricted area two.

Eligibility

505 The following persons may submit an application for a transportation security clearance:

• (a) any person who is required to obtain a transportation security clearance under these Regulations;

• (b) any person applying for a job for which a transportation security clearance would be required under these Regulations; and

• (c) any seafarer who wishes to voluntarily submit an application for a transportation security clearance.

Application Requirements

• 506 (1) In this section, common-law partner means any person who is cohabiting with the applicant in a relationship of a conjugal nature and has done so for a period of at least one year.

• (2) An application for a transportation security clearance shall include the following information and documentation, to be used only for the purposes of sections 508 and 509:

  • (a) the applicant’s usual given name used, other given names, surname, all other names used and details of any name changes;

  • (b) the applicant’s date of birth, gender, height, weight, and eye and hair colour;

  • (c) if the applicant was born in Canada, the number and province of issue of their birth certificate, as well as the original of that certificate;

  • (d) if the applicant was born outside Canada, their place of birth, the port and date of entry, and, in the case of a naturalized Canadian or permanent resident, the number and the original of the applicable certificate issued under the Citizenship Actor the Immigration and Refugee Protection Act;

  • (e) in the case of a foreign national, the original of any document that is evidence of their status;

  • (f) the applicant’s passport number, including the country of issue and expiry date, or an indication that the applicant does not have a passport;

  • (g) the addresses of all locations at which the applicant resided during the five years preceding the application;

  • (h) an identification of the applicant’s activities during the five years preceding the application, including the names and street addresses of the applicant’s employers and any post-secondary educational institutions attended;

  • (i) the dates, destination and purpose of any travel of more than 90 days outside Canada or the United States, excluding travel for government business, during the five years preceding the application;

  • (j) the information referred to in subsection (3) respecting the applicant’s spouse or common-law partner, any former spouses or common-law partners;

  • (k) the applicant’s fingerprints, taken by or on behalf of the Minister;

  • (l) a facial image of the applicant for identification purposes, taken by or on behalf of the Minister;

  • (m) a statement signed by the marine facility operator or port administration certifying that the applicant requires or will require a transportation security clearance and specifying the reasons for that requirement; and

  • (n) a statement signed by the person responsible for taking the fingerprints of the applicant certifying that they have confirmed the identity of the applicant in accordance with paragraph 384(3)(a) at the time of the taking of the fingerprints.

• (3) The information required with respect to any of the persons referred to in paragraph (2)(j) shall be

  • (a) in the case of the spouse or common-law partner of the applicant, the following information:

    • (i) their gender, full given name, surname and, if applicable, maiden name,

    • (ii) their date and place of birth and, if applicable, date of death,

    • (iii) if born in Canada, the number and province of issue of their birth certificate,

    • (iv) if born outside Canada, their place of birth, their nationality and the port and date of entry into Canada, and

    • (v) their present address, if known; and

  • (b) in the case of former spouses and common-law partners with whom the relationship ended within the preceding five years, the information referred to in subparagraphs (a)(i), (ii) and (v).

• (4) The application for a transportation security clearance shall be valid only if signed by the applicant or, in the case of an applicant who is a minor under the laws of the province where they reside, by a parent or guardian or tutor.

• (5) Personal information that is provided in the application for the transportation security clearance and that resulting from the checks and verifications shall not, without the written consent of the individual to whom it relates, be disclosed by the Minister to the government of a foreign state except

  • (a) where, in the opinion of the Minister, the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or

  • (b) for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information.

Submission of Application

• 507 (1) Subject to subsection (2), every application for a transportation security clearance shall be submitted on the form supplied by the Minister to the port administration at the port where the applicant works or is a candidate for work or to which the applicant otherwise requires access.

• (2) If the port administration is not able to transmit the application in accordance with subsection (3), the application shall be submitted to an official of an office

  • (a) managed by or for an airport authority and that is responsible for the control of the airport’s passes, where the airport authority is able to transmit the application in accordance with a document that evidences the understanding to that effect with the Minister; or

  • (b) operated by the Department of Transport.

• (3) The port administration or official shall collect the applicant’s information on behalf of the Minister and shall transmit it to the Minister in accordance with the document that evidences the understanding to that effect with the Minister.

Clearance Process

Checks and Verifications

508 On receipt of a fully completed application for a transportation security clearance, the Minister shall conduct the following checks and verifications for the purpose of assessing whether an applicant poses a risk to the security of marine transportation:

• (a) a criminal record check;

• (b) a check of the relevant files of law enforcement agencies, including intelligence gathered for law enforcement purposes;

• (c) a Canadian Security Intelligence Service indices check and, if necessary, a Canadian Security Intelligence Service security assessment; and

• (d) a check of the applicant’s immigration and citizenship status.

Minister’s Decision

509 The Minister may grant a transportation security clearance if, in the opinion of the Minister, the information provided by the applicant and that resulting from the checks and verifications is verifiable and reliable and is sufficient for the Minister to determine, by an evaluation of the following factors, to what extent the applicant poses a risk to the security of marine transportation:

• (a) the relevance of any criminal convictions to the security of marine transportation, including a consideration of the type, circumstances and seriousness of the offence, the number and frequency of convictions, the length of time between offences, the date of the last offence and the sentence or disposition;

• (b) whether it is known or there are reasonable grounds to suspect that the applicant

  • (i) is or has been involved in, or contributes or has contributed to, activities directed toward or in support of the misuse of the transportation infrastructure to commit criminal offences or the use of acts of violence against persons or property, taking into account the relevance of those activities to the security of marine transportation,

  • (ii) is or has been a member of a terrorist group within the meaning of subsection 83.01(1) of the Criminal Code, or is or has been involved in, or contributes or has contributed to, the activities of such a group,

  • (iii) is or has been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code, or participates or has participated in, or contributes or has contributed to, the activities of such a group as referred to in subsection 467.11(1) of the Criminal Code taking into account the relevance of these factors to the security of marine transportation,

  • (iv) is or has been a member of an organization that is known to be involved in or to contribute to — or in respect of which there are reasonable grounds to suspect involvement in or contribution to — activities directed toward or in support of the threat of or the use of, acts of violence against persons or property, or is or has been involved in, or is contributing to or has contributed to, the activities of such a group, taking into account the relevance of those factors to the security of marine transportation, or

  • (v) is or has been associated with an individual who is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect involvement in or contribution to — activities referred to in subparagraph (i), or is a member of an organization or group referred to in any of subparagraphs (ii) to (iv), taking into account the relevance of those factors to the security of marine transportation;

• (c) whether there are reasonable grounds to suspect that the applicant is in a position in which there is a risk that they be suborned to commit an act or to assist or abet any person to commit an act that might constitute a risk to marine transportation security;

• (d) whether the applicant has had a restricted area pass for a marine facility, port or aerodrome removed for cause; and

• (e) whether the applicant has filed fraudulent, false or misleading information relating to their application for a transportation security clearance.

510 If a criminal charge is outstanding against the applicant that could, if the applicant were convicted, be considered by the Minister under paragraph 509(a), the Minister may decline to process the application until the charge has been disposed of by the courts, in which case the Minister shall advise the applicant in writing.

• 511 (1) If the Minister intends to refuse to grant a transportation security clearance, the Minister shall advise the applicant in writing to that effect.

• (2) The notice shall set out the basis for the Minister’s intention and fix a period of time for the applicant to make written representations to the Minister, which period of time shall start on the day on which the notice is served or sent and shall be not less than 20 days from that day.

• (3) The Minister shall not refuse to grant a transportation security clearance until the written representations have been received and considered or before the period of time fixed in the notice has expired, whichever comes first. The Minister shall advise the applicant in writing of any refusal.

Validity of Clearances

• 512 (1) The Minister shall establish a period of validity for a transportation security clearance in accordance with the level of risk posed by the applicant determined under section 509, but the period shall not exceed five years.

• (2) If the validity period is less than five years, the Minister may extend the period to a total of five years if the Minister determines under section 509 that the holder does not pose a risk to the security of marine transportation.

• (3) If a transportation security clearance is suspended and subsequently reinstated, the end of the validity period remains the same as that established at the time of issuance.

Suspension, Reinstatement or Cancellation of Clearances

513 A marine facility operator or port administration shall immediately notify the Minister in writing when the holder of a transportation security clearance is no longer required by these Regulations to be the holder of a transportation security clearance.

514 A marine facility operator or port administration shall immediately notify the Minister in writing when they suspend or cancel, for security reasons, a restricted area pass issued to a holder of a transportation security clearance.

• 515 (1) The Minister may suspend a transportation security clearance on receipt of information that could change the Minister’s determination made under section 509.

• (2) Immediately after suspending a transportation security clearance, the Minister shall advise the holder in writing of the suspension.

• (3) The notice shall set out the basis for the suspension and shall fix a period of time for the holder to make written representations to the Minister, which period of time shall start on the day on which the notice is served or sent and shall be not less than 20 days from that day.

• (4) The Minister may reinstate the transportation security clearance if the Minister determines under section 509 that the holder does not pose a risk to marine transportation security.

• (5) The Minister may cancel the transportation security clearance if the Minister determines under section 509 that the holder may pose a risk to marine transportation security or that the transportation security clearance is no longer required. The Minister shall advise the holder in writing of any cancellation.

• (6) The Minister shall not cancel a transportation security clearance until the written representations have been received and considered or before the time period fixed in the notice has expired, whichever comes first.

New Applications

516 If the Minister refuses to grant or cancels a transportation security clearance, an applicant may submit a new application only if

• (a) a period of five years has elapsed after the day of the refusal or cancellation; or

• (b) a change has occurred in the circumstances that led to the refusal or cancellation.

Reconsideration

• 517 (1) An applicant or a holder may request that the Minister reconsider a decision to refuse to grant or to cancel a transportation security clearance within 30 days after the day of the service or sending of the notice advising them of the decision.

• (2) The request shall be in writing and shall set out the following:

  • (a) the decision that is the subject of the request;

  • (b) the grounds for the request, including any new information that the applicant or holder wishes the Minister to consider; and

  • (c) the name, address, and telephone and facsimile numbers of the applicant or holder.

• (3) On receipt of a request made in accordance with this section, the Minister, in order to determine the matter in a fair, informal and expeditious manner, shall give the applicant or holder

  • (a) where the situation warrants, the opportunity to make representations orally or in any other manner; and

  • (b) in any other case, a reasonable opportunity to make written representations.

• (4) After representations have been made or a reasonable opportunity to do so has been provided, the Minister shall reconsider the decision in accordance with section 509 and shall subsequently confirm or change the decision.

• (5) The Minister may engage the services of persons with appropriate expertise in security matters to advise the Minister.

• (6) The Minister shall advise the applicant or holder in writing of the decision made following the reconsideration.

Notices

518 The Minister shall send to the person at their last known address, by personal service or registered mail, any notices to be given under this Part.

False Applications

519 No person shall knowingly file with the Minister a fraudulent application or an application containing false or misleading information in order to obtain a transportation security clearance.

[520 to 599 reserved]

PART 6Contravention of Provisions Designated as Violations

[600 reserved]

Violations

• 601 (1) The contravention of a provision of the Act set out in column 1 of an item of Schedule 2 is designated a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50 of the Act.

• (2) For each violation designated under subsection (1)

  • (a) the penalty or range of penalties for

    • (i) an individual is set out in column 2, and

    • (ii) a corporation is set out in column 3; and

  • (b) if an “X” appears in column 4, the violation constitutes a separate violation for each day on which it is continued.

• 602 (1) The contravention of a provision of these Regulations set out in column 1 of an item of Schedule 3 is designated a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50 of the Act.

• (2) For each violation designated under subsection (1),

  • (a) the penalty or range of penalties for

    • (i) an individual is set out in column 2, and

    • (ii) a corporation is set out in column 3; and

  • (b) if an “X” appears in column 4, the violation constitutes a separate violation for each day on which it is continued.

PART 7Notice and Service of Documents

[700 reserved]

Service of Documents

• 701 (1) This section applies to the following documents:

  • (a) a notice of violation referred to in paragraph 33(1)(b) of the Act;

  • (b) a notice of compliance referred to in section 35 of the Act;

  • (c) a notice of default referred to in subsection 36(1) of the Act;

  • (d) a notice of refusal to issue a certificate of proficiency referred to in subsection 802(2); and

  • (e) a notice of suspension or cancellation referred to in subsection 14(2) or 805(1).

• (2) A document may be served on an individual by

  • (a) giving a copy to the individual;

  • (b) giving a copy to someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or

  • (c) sending a copy by registered mail or courier to the last known address or usual place of residence of the individual or by facsimile transmission to the last facsimile number provided.

• (3) A document may be served on a person other than an individual by

  • (a) giving a copy to one of the person’s officers or agents at the person’s head office or place of business; or

  • (b) sending a copy by registered mail or courier to the head office or place of business of the person or their agent or by facsimile transmission to the last facsimile number provided.

• (4) A document that is served by facsimile transmission shall include a cover page setting out

  • (a) the name and address and telephone and facsimile numbers of the sender;

  • (b) the date and time of transmission;

  • (c) the total number of pages transmitted, including the cover page; and

  • (d) the name and telephone number of a person to contact in the event of transmission problems, if they differ from those provided for the sender.

• (5) A document that is served by

  • (a) registered mail is deemed to have been served on the fourth day after the day on which it was sent; and

  • (b) facsimile transmission is deemed to have been served on the day after the day on which it was sent.

• (6) Proof of service of a document may be made by showing

  • (a) in the case of a document transmitted by facsimile, a proof of transmission produced by the facsimile machine that sets out the date and time of transmission; or

  • (b) in any other case, an acknowledgement of service signed by or on behalf of the person served, specifying the date and place of service.

PART 8Certification

Interpretation

• 800 (1) [Repealed, SOR/2014-162, s. 51]

• Marginal note:References in STCW Code

  (2) For the purpose of interpreting tables A-VI/5, A-VI/6-1 and A-VI/6-2 of the STCW Code,

  • (a) “ship” shall be read to mean “vessel”;

  • (b) “measures and procedures” shall be read to mean “requirements and procedures”;

  • (c) “port facility” shall be read to mean “marine facility”;

  • (d) “ship/port interface” shall be read to mean “vessel/marine facility interface”; and

  • (e) “designating and monitoring restricted areas” shall be read to mean “establishing and monitoring restricted areas”.

• Marginal note:References in French version of STCW Code

  (3) For the purpose of interpreting tables A-VI/5, A-VI/6-1 and A-VI/6-2 of the French version of the STCW Code,

  • (a) “audits” shall be read to mean “vérifications”; and

  • (b) “zones d’accès restreints” shall be read to mean “zones réglementées”.

Issuance of a Certificate of Proficiency

Marginal note:Requirements

• 801 (1) The Minister shall issue a certificate of proficiency to a person if

  • (a) the Minister receives certification from a recognized institution that the person has successfully completed an approved training course;

  • (b) in the case of a certificate of proficiency as a ship security officer, the person has at least 12 months of sea service, calculated in accordance with sections 115, 116 and 118 of the Marine Personnel Regulations;

  • (c) the person is at least 18 years of age;

  • (d) the person provides proof that he or she is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (e) the person meets the standards of medical fitness set out in Division 8 of Part 2 of the Marine Personnel Regulations and has been issued a medical certificate or a provisional medical certificate under that Division; and

  • (f) the person meets the standards of competence required by these Regulations for the performance of the duties associated with the capacities identified in the certificate of proficiency.

• Marginal note:References to “qualifying service”

  (2) For the purpose of paragraph (1)(b), the references in subsection 115(3) and section 116 of the Marine Personnel Regulations to “qualifying service” shall be read as references to “sea service”.

• Marginal note:Alternative before July 1, 2014

  (3) The Minister shall issue a certificate of proficiency as a member of the vessel personnel with security responsibilities to a person who commenced sea service before January 1, 2012 if the person

  • (a) provides the Minister, no later than June 30, 2014, with a testimonial indicating that the person has undertaken the tasks, duties and responsibilities listed in column 1 of table A-VI/6-2 of the STCW Code;

  • (b) has acquired, during the three years preceding January 1, 2014, a total of at least six months of sea service, calculated in accordance with sections 115, 116 and 118 of the Marine Personnel Regulations;

  • (c) is at least 18 years of age;

  • (d) provides the Minister with proof that the person is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; and

  • (e) meets the standards of medical fitness set out in Division 8 of Part 2 of the Marine Personnel Regulations and has been issued a medical certificate or a provisional medical certificate under that Division.

• Marginal note:Alternative before July 1, 2014

  (4) The Minister shall issue a certificate of proficiency as a member of the vessel personnel without security responsibilities to a person who commenced sea service before January 1, 2012 if the person

  • (a) provides the Minister, no later than June 30, 2014, with a testimonial indicating that the person has undertaken the tasks, duties and responsibilities listed in column 1 of table A-VI/6-1 of the STCW Code;

  • (b) has acquired, during the three years preceding January 1, 2014, a total of at least six months of sea service, calculated in accordance with sections 115, 116 and 118 of the Marine Personnel Regulations;

  • (c) is at least 18 years of age;

  • (d) provides the Minister with proof that the person is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; and

  • (e) meets the standards of medical fitness set out in Division 8 of Part 2 of the Marine Personnel Regulations and has been issued a medical certificate or a provisional medical certificate under that Division.

Marginal note:Refusal to issue

• 802 (1) Despite section 801, the Minister shall refuse to issue a certificate of proficiency to a person if

  • (a) the person has not met the requirements for the issuance of the certificate; or

  • (b) the Minister has reasonable grounds to believe that

    • (i) the person has acted fraudulently or improperly or has misrepresented a material fact, or

    • (ii) the public interest and, in particular, the record of the person warrant it.

• Marginal note:Notice of refusal to issue

  (2) If the Minister refuses to issue a certificate of proficiency to a person, the Minister shall notify the person of the refusal. The notice shall include

  • (a) the grounds for the refusal; and

  • (b) the address at which, and the date, being 30 days after the day on which the notice is given, on or before which, the person may file a request for a review of the refusal.

Approved Training Course

Marginal note:Approval by Minister

• 803 (1) The Minister shall approve a course as an approved training course if the Minister determines that it

  • (a) provides participants with the training necessary to undertake the tasks, duties and responsibilities listed in column 1 of tables A-VI/5, A-VI/6-1 and A-V1/6-2 of the STCW Code and to acquire the knowledge listed in column 2 of those tables; and

  • (b) uses the methods and criteria listed in columns 3 and 4, respectively, of tables A-VI/5, A-VI/6-1 and A-V1/6-2 of the STCW Code to evaluate the participants’ competence to undertake the tasks, duties and responsibilities referred to in paragraph (a).

• Marginal note:Revocation

  (2) The Minister shall revoke the approval of a course as an approved training course if, after the results of an independent evaluation made in accordance with section A-I/8.3 of the STCW Code are brought to the attention of the recognized institution that is providing the course, timely action is not taken to correct any deficiencies.

Recognized Institution

Marginal note:Designation by Minister

• 803.1 (1) The Minister shall designate a training institution as a recognized institution if the Minister is satisfied that the training institution administers, in accordance with the established practices and the requirements of the domestic and international marine industry, approved training courses for the purpose of providing the training necessary to obtain a certificate of proficiency issued under this Part.

• Marginal note:Monitoring

  (2) The approved training courses shall be monitored continuously through a quality management system that conforms to Regulation I/8 of the STCW Convention.

• Marginal note:Revocation

  (3) The Minister shall revoke the designation of a recognized institution if, after informing the recognized institution that the results of an evaluation conducted by the Minister indicate that the requirements of subsection (1) or (2) are not being met, the Minister is satisfied that timely action has not been taken to correct the deficiencies.

Suspension and Cancellation

Marginal note:Suspension or cancellation

• 804 (1) The Minister shall suspend or cancel a person’s certificate of proficiency if the Minister has reasonable grounds to believe that

  • (a) the certificate was obtained by any fraudulent or improper means or a misrepresentation of any material fact;

  • (b) the public interest warrants it, particularly in view of the person’s record; or

  • (c) the person’s performance of the duties associated with the capacities identified in the certificate constitutes, or is likely to constitute, an immediate threat to marine transportation security.

• Marginal note:Cancellation

  (2) The Minister shall cancel a person’s certificate of proficiency if the Minister determines that the person is no longer a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

Marginal note:Notice of suspension or cancellation

• 805 (1) If the Minister suspends or cancels a person’s certificate of proficiency, the Minister shall notify the person of the suspension or cancellation. The notice shall include

  • (a) the grounds for the suspension or cancellation; and

  • (b) the address at which, and the date, being 30 days after the day on which the notice is given, on or before which, the person may file a request for a review of the suspension or cancellation.

• Marginal note:When effective

  (2) The suspension or cancellation shall not be effective earlier than

  • (a) in the case of a suspension or cancellation on the grounds referred to in paragraph 804(1)(a) or (b), the 30th day after the day on which the person receives the notice; and

  • (b) in the case of a suspension or cancellation on the grounds referred to in paragraph 804(1)(c) or subsection 804(2), when the person receives the notice.

• Marginal note:When notice is considered received

  (3) Notice is considered to be received on the earlier of

  • (a) when the person receives the notice, and

  • (b) when any vessel of which the person is the master or a crew member receives the notice.

Reviews and Appeals

Marginal note:Jurisdiction of Tribunal

806 The Tribunal has jurisdiction in respect of reviews and appeals under sections 807 to 810.

Marginal note:Request for review

• 807 (1) A person who is notified under subsection 802(2) or 805(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the refusal, suspension or cancellation.

• Marginal note:Effect of request

  (2) A request for a review does not operate as a stay of the refusal, suspension or cancellation.

• Marginal note:Exception

  (3) On application in writing by a person whose certificate of proficiency was suspended or cancelled on any of the grounds referred to in paragraph 804(1)(c) or subsection 804(2), a member of the Tribunal assigned for the purpose may, after giving notice to the Minister and after considering any representations made by the parties, grant a stay of the suspension or cancellation until the review is completed if he or she determines that granting a stay would not constitute a threat to marine transportation security.

Marginal note:Time and place for review

• 808 (1) On receipt of a request filed under section 807, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Determination

  (2) The assigned member of the Tribunal shall confirm the refusal, suspension or cancellation or refer the matter back to the Minister for reconsideration.

Marginal note:Right of appeal

• 809 (1) Within 30 days after the day on which a determination is made under subsection 808(2), the certificate holder may appeal the determination to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party who does not appear at a review hearing is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal shall dismiss it or refer the matter back to the Minister for reconsideration.

Marginal note:Decision to remain in effect pending reconsideration

810 If a matter is referred back to the Minister for reconsideration under subsection 808(2) or 809(3), a suspension or cancellation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of the suspension or cancellation until the reconsideration is concluded if the member or panel determines that granting a stay would not constitute a threat to marine transportation security.

General

Marginal note:Possession of certificate

811 No person shall possess a certificate of proficiency except the person to whom it was issued or the person’s representative.

Marginal note:Production of certificate

812 The holder of a certificate of proficiency shall produce it on the Minister’s request.

Marginal note:Return of certificate

813 If a certificate of proficiency is suspended or cancelled, the person to whom it was issued shall return it to the Minister on request.

[814 to 899 reserved]