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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 Monitoring (continued)

Audits and Amendments (continued)

  •  (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the plan ceases to be valid on the day on which the operator of the vessel receives notification that the plan is no longer valid.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

  •  (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

  •  (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).

 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

  •  (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.

  • SOR/2006-269, s. 7

Security Procedures for Access Control

 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.

  • SOR/2006-270, s. 4

Security Briefs

 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

 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.

  • SOR/2014-162, s. 27
  •  (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).

  • SOR/2014-162, s. 27

Escorted Access

  •  (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.

  • SOR/2014-162, s. 27

[269 to 299 reserved]

PART 3Marine Facilities

[300 reserved]

Application

  •  (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

  •  (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.

  • SOR/2014-162, s. 28
 
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