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Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2020-11-17 and last amended on 2014-06-19. Previous Versions

PART 3Marine Facilities (continued)

Security Procedures for Monitoring (continued)

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).

 
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