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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

Interpretation (continued)

[
  • SOR/2014-162, s. 1(F)
]

 For greater certainty, nothing in these Regulations derogates from any right otherwise provided to a representative of seafarers’ welfare and labour organizations to access a vessel or a marine facility, unless there is an immediate threat to the safety and security of the vessel or marine facility.

  • SOR/2014-162, s. 3

[3 to 10 reserved]

PART 1General

MARSEC Level, Official Languages and Prescribed Grounds

 The operator of a vessel to which Part 2 applies and the operator of a marine facility or a port administration to which Part 3 applies shall maintain MARSEC level 1 at all times unless a higher MARSEC level is required by the Minister.

  • SOR/2006-269, s. 2
  • SOR/2014-162, s. 4

 The operator of a vessel that is entitled to fly the Canadian flag and to which Part 2 applies, and the operator of a marine facility to which Part 3 applies, other than the operator of a marine facility that is referred to in paragraph (a) of the definition port administration in subsection 1(1) or the security officer referred to in paragraph (b) of that definition, shall ensure that, where there is a significant demand from at least 5 per cent of the travelling public for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations,

  • (a) authorized screening is carried out by means that effectively enable communication with members of the public in the official language of their choice; and

  • (b) printed or pre-recorded material is provided in both official languages if the material is used in respect of authorized screening.

  • SOR/2014-162, s. 5

 For the purposes of subsection 47(1) of the Act, the prescribed grounds are those that exist when a decision is made in consideration of the possibility of an immediate risk to the security of marine transportation.

  • SOR/2006-270, s. 1

Suspension or Cancellation of Marine Security Documents

  •  (1) The Minister shall suspend or cancel a marine security document issued to the operator of a vessel or marine facility, or to a port administration, if the Minister has reasonable grounds to believe that

    • (a) the document was obtained by any fraudulent or improper means or by a misrepresentation of any material fact;

    • (b) the document was altered, rendered illegible or lost;

    • (c) the operator or port administration

      • (i) is not in compliance with its approved security plan or, in the case of an occasional-use marine facility, its security procedures approved under subsection 360(1), or

      • (ii) conducts its activities in a way that constitutes, or is likely to constitute, a threat to marine transportation security; or

    • (d) the requirements for issuance of the document are no longer met.

  • (2) The Minister shall notify the operator or the port administration of the suspension or cancellation by notice served in accordance with section 701. The notice shall include

    • (a) the grounds for the suspension or cancellation and the date on which the suspension or cancellation takes effect; and

    • (b) the address at which, and the date — being 30 days after the day on which the notice is served — on or before which, the operator or port administration may file a request to the Tribunal for a review of the suspension or cancellation.

  • (3) The suspension or cancellation takes effect

    • (a) no later than 30 days after the day on which the notice is served, if the ground for the suspension or cancellation is one of the grounds set out in paragraph (1)(a) or (b), subparagraph (1)(c)(i) or paragraph (1)(d); or

    • (b) at the time the notice is served, if the ground for the suspension or cancellation is the ground set out in subparagraph (1)(c)(ii).

  • (4) If a marine security document is suspended or cancelled, the operator or port administration to which it was issued shall return it immediately to the Minister.

  • SOR/2014-162, s. 6

Reviews and Appeals

 The Tribunal has jurisdiction in respect of reviews and appeals under sections 16 to 19.

  • SOR/2014-162, s. 6
  •  (1) The operator of a vessel or marine facility, or a port administration, may file with the Tribunal a written request for a review of a suspension or cancellation referred to in subsection 14(1) on or before the date specified in the notice of suspension or cancellation or within any further time that the Tribunal allows on application.

  • (2) A request for a review does not operate as a stay of the suspension or cancellation.

  • SOR/2014-162, s. 6
  •  (1) On receipt of a request filed under section 16, the Tribunal shall appoint a time and place for the review and shall notify in writing the Minister and the operator of the vessel or marine facility, or the port administration, of the time and place.

  • (2) The assigned member of the Tribunal shall confirm the suspension or cancellation or refer the matter back to the Minister for reconsideration.

  • SOR/2014-162, s. 6
  •  (1) Within 30 days after the day on which a determination is made under subsection 17(2), the operator of the vessel or marine facility, or the port administration, may appeal the determination to the Tribunal.

  • (2) A party who does not appear at a review hearing is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

  • (3) The appeal panel of the Tribunal assigned to hear the appeal shall dismiss it or refer the matter back to the Minister for reconsideration.

  • SOR/2014-162, s. 6

 If a matter is referred back to the Minister for reconsideration under subsection 17(2) or 18(3), the suspension or cancellation remains in effect until the reconsideration is concluded. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of the suspension or cancellation until the reconsideration is concluded if the member or panel determines that granting a stay would not constitute a threat to marine transportation security.

  • SOR/2014-162, s. 6

[20 to 199 reserved]

PART 2Vessels

 [Repealed, SOR/2014-162, s. 7]

Application

  •  (1) This Part applies to vessels in Canada, and Canadian ships outside Canada, that are SOLAS ships or non-SOLAS ships.

  • (2) This Part does not apply to

    • (a) a pleasure craft, a fishing vessel, a vessel that is owned or operated by a government and used only on government non-commercial service, a vessel without a crew that is in dry dock, dismantled or laid-up, or a vessel that is subject to a security arrangement concluded between the Government of Canada and a contracting government in application of Regulation 11 of Chapter XI-2 of SOLAS; or

    • (b) a vessel that is entitled to fly the Canadian flag and that is engaged on a voyage between marine facilities in Canada, except when the vessel has an interface with a SOLAS ship or non-SOLAS ship that is entitled to fly the flag of a foreign state that is not subject to a security arrangement referred to in paragraph (a).

  • (3) For the purposes of subsections 211(6) and 213(2), Administration means

    • (a) in respect of a SOLAS ship that is entitled to fly the Canadian flag, the Minister; or

    • (b) in respect of a SOLAS ship that is entitled to fly the flag of a foreign state, the contracting government of that state.

  • SOR/2014-162, s. 8

Ship Security Certificates

  •  (1) The Minister shall issue an International Ship Security Certificate, in English or French, in respect of a Canadian ship that is a SOLAS ship if the requirements of paragraph 204(1)(b) and sections 205, 207 to 218, 220, 222 to 225 and 260 are met.

  • (2) The Minister shall issue a Canadian Vessel Security Certificate, in English or French, in respect of a vessel that is entitled to fly the Canadian flag and is a non-SOLAS ship if the requirements of paragraph 204(1)(b) and sections 205, 207 to 218, 220 and 260 are met.

  • (3) The Minister shall issue an interim International Ship Security Certificate or Canadian Vessel Security Certificate, as the case may be, in English or French, if the vessel security plan is approved but an inspection under section 23 of the Act has not yet been carried out to ensure compliance with the requirements referred to in subsection (1) or (2), as the case may be.

  • (4) A certificate issued under subsection (1) or (2) is valid while the vessel security plan is valid.

  • (5) An interim certificate issued under subsection (3) is valid until the expiry of six months after the day on which it is issued or until a certificate is issued under subsection (1) or (2), whichever comes first.

  • SOR/2014-162, s. 9

Compliance

  •  (1) The operator of a SOLAS ship that is entitled to fly the Canadian flag shall ensure that the requirements of sections 204 to 268 are met.

  • (2) The operator of a non-SOLAS ship that is entitled to fly the Canadian flag shall ensure that the requirements of sections 204 to 221 and 228 to 268 are met.

  • (3) The operator of a SOLAS ship that is entitled to fly the flag of a foreign state shall ensure that the requirements of the following are met:

    • (a) section 204, paragraph 205(1)(e), subparagraph 205(1)(f)(ii), paragraphs 205(1)(h) and (i), subsections 206(1) to (4), paragraph 206(5)(b), subsection 211(1), paragraphs 211(3)(b), 212(h) to (h.2) and 213(1)(b), subsection 213(2), paragraph 214(1)(b) and sections 219, 221, 228 and 260 to 268; and

    • (b) sections 7 and 9 to 13, other than sections 7.8, 7.9 and 9.2, of Part A of the ISPS Code.

  • (4) The operator of a non-SOLAS ship that is entitled to fly the flag of a foreign state shall ensure that the requirements of the following are met:

    • (a) section 204, paragraph 205(1)(e), section 206, subsections 211(1) and (2), 213(3) and 214(2) and sections 219, 221, 228 and 260 to 268; and

    • (b) sections 7 and 9 to 13, other than sections 7.8, 7.9, 9.2 and 9.4.16, of Part A of the ISPS Code.

  • (5) In the event of any conflict between the requirements of the ISPS Code and the provisions of these Regulations, the provisions of these Regulations prevail to the extent of the conflict.

  • SOR/2007-275, s. 2
  • SOR/2014-162, s. 10

Documents to Be Carried on Board

  •  (1) Every vessel shall carry on board

    • (a) the original of the certificate described in subsection (2);

    • (b) a vessel security plan approved

      • (i) in the case of a vessel entitled to fly the Canadian flag, by the Minister, and

      • (ii) in the case of a vessel entitled to fly the flag of a foreign state, by a contracting government or by a security organization referred to in section 9.2 of Part A of the ISPS Code;

    • (c) a continuous synopsis record issued by a contracting government, if the vessel is a SOLAS ship;

    • (d) a record of the last 10 calls at marine facilities;

    • (e) a copy of the last 10 declarations of security; and

    • (f) if the vessel is a SOLAS ship, the original of every certificate of proficiency required by this Part for the vessel security officer and for vessel personnel with or without security responsibilities.

  • (2) The certificate referred to in paragraph (1)(a) is

    • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate issued under subsection 202(1) or (3);

    • (b) in the case of a non-SOLAS ship that is entitled to fly the Canadian flag, a certificate issued under subsection 202(2) or (3);

    • (c) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, an international ship security certificate, or an interim international ship security certificate, issued by the contracting government of that state; and

    • (d) in the case of a non-SOLAS ship that is entitled to fly the flag of a foreign state, a ship security compliance document, or an interim ship security compliance document, issued or approved by the contracting government of that state.

  • (3) The vessel security officer on a SOLAS ship and a member of the vessel personnel with or without security responsibilities on a SOLAS ship shall, if they hold a certificate of proficiency, ensure that their certificate is carried on board.

  • SOR/2007-275, s. 3
  • SOR/2014-162, s. 11

Operator of a Vessel

  •  (1) The operator of a vessel shall

    • (a) establish an administrative and organizational structure for the security of the vessel;

    • (b) provide every person who has responsibilities under this Part with the support needed to fulfil his or her responsibilities;

    • (c) designate in writing a company security officer and a vessel security officer, by name or by position, other than the position for which the designation is being made;

    • (d) implement and maintain the vessel security plan, including any corrective action referred to in paragraph 209(h), and, if applicable, the marine facility security plan or the port security plan;

    • (e) provide the master with the following information:

      • (i) the names of the parties responsible for appointing shipboard personnel, such as vessel management companies, crewing agents, contractors and concessionaires,

      • (ii) the names of the parties responsible for deciding the employment of the vessel, and

      • (iii) if the vessel is under a charter-party, the names of contact persons for the charter-party;

    • (f) in the case of a SOLAS ship, ensure that the vessel security officer and vessel personnel with or without security responsibilities have the ability to maintain their effectiveness while performing their duties in accordance with the requirements set out

      • (i) in the case of a ship that is entitled to fly the Canadian flag, in the safe manning document issued under section 202 of the Marine Personnel Regulations, or

      • (ii) in the case of a ship that is entitled to fly the flag of a foreign state, in the safe manning document issued by the contracting government of that state;

    • (g) in the case of a vessel that is entitled to fly the Canadian flag, ensure that a vessel security plan is established;

    • (h) ensure that the vessel security officer and vessel personnel with or without security responsibilities meet the training requirements set out in sections A-VI/5 and A-VI/6 of the STCW Code; and

    • (i) clearly identify each restricted area on the vessel.

  • (2) The operator of a SOLAS ship shall permanently mark the ship with the International Maritime Organization Ship Identification Number in accordance with Regulation 3 of Chapter XI-1 of SOLAS.

  • SOR/2014-162, s. 12

Master

  •  (1) Nothing in this Part permits any person to constrain the master of a vessel from making or executing any decision that, in the professional judgment of the master, is necessary to maintain the safety and security of the vessel, including decisions

    • (a) to deny access to persons, other than operators and persons identified as authorized by a contracting government, or their goods;

    • (b) to refuse to load cargo, including containers or other closed cargo transport units; or

    • (c) to coordinate, with marine facility operators or port security officers, shore leave for vessel personnel or crew change, as well as access through marine facilities of visitors to the vessel, including representatives of seafarers’ welfare and labour organizations.

  • (2) If a conflict between any safety and security requirements applicable to the vessel arises during its operations, the master shall give precedence to requirements intended to maintain the safety of the vessel and, in such a case, shall use any temporary procedures that the master determines appropriate under the circumstances and, to the highest possible degree, satisfy the security requirements of the prevailing MARSEC level.

  • (3) If the master uses temporary procedures, the master shall, as soon as practicable, inform

    • (a) if the vessel is in Canadian waters, a Marine Communications and Traffic Services Centre of the Canadian Coast Guard;

    • (b) if the vessel is a Canadian ship in the waters of a contracting government, the relevant maritime authority of that government and a Marine Communications and Traffic Services Centre of the Canadian Coast Guard; and

    • (c) if the vessel is a Canadian ship in other waters, a Marine Communications and Traffic Services Centre of the Canadian Coast Guard.

  • (4) The master shall provide the vessel security officer with the support necessary to carry out their duties on board the vessel.

  • (5) The master shall ensure that the vessel security officer and vessel personnel with or without security responsibilities carry on board

    • (a) in the case of a SOLAS ship entitled to fly the Canadian flag, their certificates of proficiency issued under Part 8; or

    • (b) in the case of a SOLAS ship entitled to fly the flag of a foreign state, their certificates of proficiency issued by the contracting government of that state.

  • SOR/2014-162, s. 13
 
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