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Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2022-06-20 and last amended on 2014-06-19. Previous Versions

PART 3Marine Facilities (continued)

Security Procedures for Access Control

General

  •  (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.

  • SOR/2014-162, s. 33

MARSEC Level 1

 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

 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

 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

  •  (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.

  • SOR/2006-269, s. 10

 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.

  • SOR/2006-269, s. 23(F)

MARSEC Level 1

  •  (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

 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

 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

 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

 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

 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

 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.

 
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