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Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2020-11-02 and last amended on 2014-06-19. Previous Versions

PART 2Vessels (continued)

Security Procedures for Delivery of Ships’ Stores and Bunkers (continued)

MARSEC Level 1

 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

 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

 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

  •  (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

  •  (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

 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

 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

[SOR/2014-162, s. 101(E)]

 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.

  • SOR/2014-162, ss. 25, 101(E)

Submission and Approval

  •  (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.

  • SOR/2014-162, s. 26

Audits and Amendments

  •  (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.

 
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