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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 3Marine Facilities (continued)

Occasional-Use Marine Facility Security Officer (continued)

Approval of Security Procedures

  •  (1) If the Minister is satisfied that the security procedures for an occasional-use marine facility meet the requirements of section 359, the Minister shall approve the security procedures and issue a letter of compliance certifying that they meet the requirements of this Part, unless approving the security procedures is not in the public interest and is likely to adversely affect marine transportation security.

  • (2) Security procedures are valid for the period fixed by the Minister, which shall not exceed five years after the day on which they are 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; and

    • (d) the complexity of the security procedures of the marine facility and the details of those procedures.

  • SOR/2014-162, s. 40

Required Documentation

 No person shall operate an occasional-use marine facility without a valid letter of compliance issued under subsection 360(1).

  • SOR/2014-162, s. 40

Ports

 [Repealed, SOR/2014-162, s. 41]

Responsibilities of the Port Administration

 A port administration shall

  • (a) establish, convene, and direct a port security committee;

  • (b) designate in writing, by name, a port security officer who will chair the port security committee;

  • (c) conduct an on-site survey and submit to the Minister the security assessment information respecting the port;

  • (d) provide the Minister with the information that is necessary to conduct a vulnerability assessment;

  • (e) submit a port security plan, and any amendment, to the Minister for approval;

  • (f) ensure the coordination of marine transportation security in consultation with the port security committee;

  • (g) ensure that the requirements of sections 363 to 375, 384 to 386 and 392, subsection 393(2) and section 394 are fulfilled;

  • (h) operate the port in accordance with the port security plan; and

  • (i) clearly mark with signs each restricted area at the port.

  • SOR/2006-270, s. 7
  • SOR/2014-162, s. 42

Responsibilities of the Port Security Officer

 The port security officer shall develop a port security plan with the marine facility security officers at the port and in consultation with representatives of federal departments and agencies, provincial and municipal governments, appropriate law enforcement agencies, emergency response providers, employers and labour at the port.

Responsibilities of the Port Security Committee

  •  (1) The port security committee shall coordinate marine transportation security, which may include

    • (a) the identification of critical infrastructure and operations;

    • (b) the identification of risks, threats, vulnerabilities and consequences;

    • (c) the determination of mitigation strategies and implementation methods; and

    • (d) the establishment of a process to continually evaluate marine transportation security.

  • (2) The port security committee shall meet at least once a year for the purpose of reviewing its responsibilities that result from the application of subsection (1) and determining on that basis whether any modifications are required to the port security plan.

  • SOR/2014-162, s. 43

Composition of the Port Security Committee

 The chair of the port security committee may appoint other committee members from organizations concerned or affected by the security of the port including representatives of marine facilities, labour and municipal and provincial governments.

Port Security Assessments

 Security assessment information in respect of a port shall

  • (a) be in English or French;

  • (b) be based on background information, the completion of an on-site survey and an analysis of that information and survey;

  • (c) identify and evaluate

    • (i) the physical aspects of the port that are the most important to protect and the means for protecting the personnel,

    • (ii) possible threats to the port, and the likelihood of their occurrence, in order to establish security procedures and countermeasures and their order of priority, and

    • (iii) the vulnerabilities, including human factors, in the security of the port;

  • (d) be protected from unauthorized access or disclosure; and

  • (e) if stored in electronic format, have procedures to prevent its unauthorized deletion, destruction or amendment.

Requirements for Persons Providing Port Security Assessment Information

 The persons who provide port security assessment information shall have, collectively, the competence to evaluate the security of the port, including knowledge in the following areas:

  • (a) current security threats and patterns;

  • (b) the detection and recognition of weapons, explosives and incendiaries and other dangerous substances and devices;

  • (c) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security;

  • (d) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems;

  • (e) methods used to cause a security incident;

  • (f) the effects of dangerous substances and devices on structures and essential services;

  • (g) port security, marine facility and vessel security requirements;

  • (h) marine facility and vessel interface business practices;

  • (i) emergency preparedness and response and contingency planning;

  • (j) physical security requirements;

  • (k) radio and telecommunications systems, including computer systems and networks;

  • (l) marine or civil engineering; and

  • (m) marine facility and vessel operations.

Port Security Assessment Information

 Port security assessment information shall consist of the following:

  • (a) the general layout of the port, including the location of

    • (i) active and inactive access points to the port,

    • (ii) security doors, barriers, and lighting,

    • (iii) restricted areas,

    • (iv) emergency and stand-by equipment available to maintain essential services,

    • (v) storage areas for maintenance equipment, unaccompanied baggage, ships’ stores and cargo,

    • (vi) escape and evacuation routes and assembly stations, and

    • (vii) existing security and safety equipment for the protection of personnel and visitors;

  • (b) changes in the tide that might have an impact on the vulnerability or security of the port;

  • (c) a list of the emergency and stand-by equipment available to maintain essential services;

  • (d) for each marine facility in the port, the number of personnel and the security tasks of persons with security responsibilities;

  • (e) existing security and safety equipment for the protection of personnel and visitors at the port;

  • (f) escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the port;

  • (g) the results of security audits; and

  • (h) security procedures in effect, including inspection and access control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarm, lighting and other appropriate systems.

Elements of Port Security Assessments

 The Minister shall conduct a port security assessment that addresses the following elements in respect of the port, as applicable:

  • (a) the physical security;

  • (b) the structural integrity;

  • (c) personnel protection systems;

  • (d) operational procedures that might impact on security;

  • (e) the radio and telecommunications systems, including computer systems and networks;

  • (f) the relevant transportation support infrastructure;

  • (g) utilities;

  • (h) response organizations; and

  • (i) other elements that might, if damaged or used illicitly, pose a risk to persons, property or operations at the port.

 
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