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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 Delivery of Ships’ Stores and Bunkers

General

 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

 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

 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

 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

  •  (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

 For MARSEC level 1, the security procedures shall provide, as appropriate to the facility’s operations, for monitoring at all times.

MARSEC Level 2

 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

 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

[
  • SOR/2014-162, ss. 34(E), 101(E)
]

 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.

  • SOR/2014-162, ss. 35, 101(E)

Additional Passenger Facility and Ferry Facility Requirements

  •  (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

 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

  •  (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.

 [Repealed, SOR/2014-162, s. 36]

Audits and Amendments

  •  (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

  •  (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.

  • SOR/2014-162, s. 37

Required Documentation

 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).

  • SOR/2014-162, s. 38

[354 reserved]

Occasional-Use Marine Facilities

Operator

 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.

  • SOR/2014-162, s. 39
 
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