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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)

Ports (continued)

On-site Survey and Vulnerability Assessments

 The on-site survey shall examine and evaluate current protective procedures and operations to verify or collect port security assessment information.

  •  (1) A port security assessment shall include a vulnerability assessment undertaken in consultation with the operators of marine facilities in the port and representatives of labour to determine the following so as to produce an overall assessment of the level of risk against which security procedures have to be developed:

    • (a) any particular aspect of the port, including vessel traffic in the vicinity, that could make it a target of an attack;

    • (b) the possible consequences of an attack against the port in terms of loss of life, damage to property and economic disruption, including disruption to marine transport systems;

    • (c) the capability and intent of persons likely to mount an attack; and

    • (d) the possible types of attack.

  • (2) The vulnerability assessment shall include a consideration of the following:

    • (a) current security procedures, including identification systems;

    • (b) methods and points of access to the port;

    • (c) the procedures to protect radio and telecommunications equipment, including computer systems and networks;

    • (d) any conflicting policies between safety and security procedures;

    • (e) any enforcement or personnel constraints;

    • (f) methods for monitoring restricted areas and other areas that have restricted access to ensure that only authorized persons have access;

    • (g) areas adjacent to the port that might be exploited during or for an attack;

    • (h) current security procedures relating to utilities and other services;

    • (i) any deficiencies identified during training or drills;

    • (j) any deficiencies identified during daily operations or following incidents or alerts, reports of security concerns, the application of control measures or audits; and

    • (k) the structural integrity of the port.

Port Security Plan

General

 A port security plan

  • (a) shall be based on the findings of the port security assessment;

  • (b) shall be in English or French;

  • (c) shall be protected from unauthorized access or disclosure;

  • (d) shall, if stored in electronic format, have procedures to prevent its unauthorized deletion, destruction or amendment; and

  • (e) shall be submitted to the Minister for approval.

  • SOR/2014-162, s. 44

Submission and Approval

  •  (1) If the Minister is satisfied that a security plan meets the requirements of this Part, the Minister shall approve the security 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) The plan is valid for the period fixed by the Minister, which shall not exceed 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 port’s operations and the industry in which it operates;

    • (b) the port administration’s security record; and

    • (c) the complexity of the port security plan and the details of its procedures.

  • (3) The Minister shall issue, in English or French, an interim statement of compliance in respect of a port if the port 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 port.

  • (6) The interim statement of compliance and the statement of compliance are valid while the approved security plan in respect of the port is valid.

  • SOR/2014-162, s. 44

Required Documentation

 No person shall operate a port without a valid interim statement of compliance issued under subsection 372.1(3) or a valid statement of compliance issued under subsection 372.1(5).

  • SOR/2014-162, s. 44

Content

 The port security plan shall address each vulnerability identified in the port security assessment and include

  • (a) the organization of the port administration in terms of security, including the tasks of personnel who have security responsibilities;

  • (b) the name of the port administration and the name and position of the port security officer, including information on how they may be contacted at any time;

  • (c) the identification of restricted areas and any security procedures, equipment or systems for those areas;

  • (c.1) in the case of a port set out in Part 2 or 3 of Schedule 1, the identification of those areas containing the central controls for security and surveillance equipment and systems and areas that contain the central lighting system controls as restricted area two;

  • (d) a description of procedures for and frequency of exercises;

  • (e) a description of procedures for the following:

    • (i) ensuring the security of information in the port security plan and keeping the records referred to in section 375,

    • (ii) maintaining security and communication systems and equipment,

    • (iii) identifying and correcting security equipment or systems failures or malfunctions,

    • (iv) communications,

    • (v) responding to changes in the MARSEC level,

    • (vi) preventing unauthorized weapons, explosives, incendiaries or other dangerous substances or devices from entering the marine facilities in the port,

    • (vii) reporting security threats and security incidents to the appropriate law enforcement agencies and the Minister as soon as possible after they occur so that an investigation can be conducted,

    • (viii) reporting security breaches to the Minister,

    • (ix) securing non-critical operations in order to focus response on critical operations, and

    • (x) periodically reviewing, updating and auditing the port security plan;

  • (f) a description of

    • (i) security procedures, equipment and systems for access control,

    • (ii) security procedures for the delivery of ships’ stores and bunkers,

    • (iii) security procedures, equipment and systems for monitoring the port and surrounding area, and

    • (iv) procedures for security threats, security breaches and security incidents, including procedures for the evacuation of the port;

  • (g) the identification of positions for which a transportation security clearance is required; and

  • (h) a description of the procedures to facilitate shore leave for vessel personnel or crew change.

  • SOR/2006-269, s. 12
  • SOR/2014-162, ss. 45, 100, 101(E)

Port Security Exercises

  •  (1) Port security exercises

    • (a) shall fully test the port security plan and include the substantial and active participation of personnel who have security responsibilities in the port;

    • (b) may include security personnel from vessels, other marine facilities, appropriate law enforcement agencies, the Minister and other competent authorities, depending on the scope and the nature of the exercises; and

    • (c) shall test communication and notification procedures and elements of coordination, resource availability and response.

  • (2) The port security exercises shall be conducted at least once every calendar year with no more than 18 months between them.

  • (3) Exercises may

    • (a) be full-scale or live;

    • (b) be a tabletop simulation or seminar;

    • (c) be combined with other appropriate exercises; or

    • (d) be a combination of two or more of the elements set out in paragraphs (a) to (c).

 
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