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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

PART 2Vessels (continued)

Company Security Officer

General

  •  (1) A company security officer may

    • (a) act in that capacity for more than one vessel if they are able to fulfil their responsibilities for each vessel;

    • (b) have other responsibilities within the vessel operator’s organization if they are able to fulfil the responsibilities of company security officer; and

    • (c) delegate tasks required by this Part.

  • (2) A company security officer remains responsible for the performance of the tasks they delegate.

Qualifications

 A company security officer shall have, by training or job experience, knowledge and competence that is relevant to the industry in which the vessel operates and is in the following areas:

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

  • (b) the operations and operating conditions of vessels, ports and marine facilities;

  • (c) the security procedures of vessels, ports, port administrations and marine facilities, including the meanings and the requirements of the different MARSEC levels;

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

  • (e) security equipment and systems and their operational limitations;

  • (f) methods of conducting audits and inspections;

  • (g) access control and monitoring techniques;

  • (h) methods of conducting on site surveys and vessel security assessments;

  • (i) methods of conducting physical searches and non-intrusive inspections;

  • (j) conducting and assessing security drills and exercises, including exercises with marine facilities;

  • (k) techniques for security training and education;

  • (l) relevant international conventions, codes, standards and recommendations;

  • (m) relevant legislation, regulations and security measures, rules and procedures;

  • (n) the responsibilities and functions of municipal, provincial and federal law enforcement agencies;

  • (o) methods for handling security-sensitive information and security-related communications;

  • (p) current security threats and patterns;

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

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

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

Responsibilities

 A company security officer shall

  • (a) provide the vessel security officer with information regarding security threats and other information relevant to the vessel’s security;

  • (b) ensure that the vessel security assessment and any amendments are submitted to the Minister for approval;

  • (c) ensure that the vessel security plan and any amendments are submitted to the Minister for approval;

  • (d) ensure that the vessel security plan, as amended from time to time, is implemented;

  • (e) ensure that security drills and exercises are conducted;

  • (f) ensure that the vessel’s security activities are audited;

  • (g) as soon as practicable after a deficiency in the vessel security plan is identified, amend the plan to correct the deficiency;

  • (h) ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (g) until the vessel security plan is amended;

  • (i) ensure security awareness and vigilance on board the vessel;

  • (j) ensure that vessel personnel receive security training as required by this Part;

  • (k) ensure that the security orientation referred to in section 214 is provided;

  • (l) ensure that there is effective communication and cooperation between the vessel and marine facilities or other vessels with which the vessel interfaces;

  • (m) ensure that there is consistency between the security requirements and the safety requirements;

  • (n) if a vessel security plan is prepared for more than one vessel, ensure that the plan takes into account the characteristics specific to each vessel; and

  • (o) in the case of a SOLAS ship, ensure that the safe manning document is applied in the development of security procedures.

Vessel Security Officer

General

  •  (1) A vessel security officer

    • (a) shall be the master or a member of the crew;

    • (b) may also act as the vessel security officer for a vessel without a crew if

      • (i) they are able to fulfil their responsibilities for each vessel, and

      • (ii) each vessel’s security plan lists the other vessels for which they are responsible;

    • (c) may have other responsibilities within the vessel operator’s organization if they are able to fulfil the responsibilities of vessel security officer;

    • (d) may delegate tasks required by this Part; and

    • (e) in the case of a towing vessel, shall coordinate its security procedures with those of any vessels that it is towing or pushing.

  • (2) A vessel security officer remains responsible for the performance of the tasks they delegate.

  • SOR/2007-275, s. 4

Qualifications

  •  (1) A vessel security officer shall have knowledge of

    • (a) the layout of the vessel; and

    • (b) the vessel security plan and its requirements.

  • (2) A non-SOLAS ship’s vessel security officer shall have, by training or job experience, knowledge and competence that are relevant to the industry in which the vessel operates and are in the following areas:

    • (a) those set out for a company security officer in paragraphs 208(a) to (m) and (o) to (s);

    • (b) crowd management and control techniques; and

    • (c) the operation, testing, calibration and maintenance of security equipment and systems.

  • (3) Subject to subsection (6), a SOLAS ship’s vessel security officer shall hold

    • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a ship security officer issued under Part 8; and

    • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a ship security officer issued by the contracting government of that state.

  • (4) and (5) [Repealed, SOR/2014-162, s. 14]

  • (6) In circumstances of exceptional necessity, when a person who holds a certificate of proficiency as a ship security officer is temporarily unavailable to serve as vessel security officer on a SOLAS ship, the Administration may permit a member of the vessel’s personnel who has responsibilities respecting the security of the vessel and an understanding of the vessel security plan to serve as vessel security officer on the vessel until it arrives at the next port of call or for a period not exceeding 30 days. That member shall serve as the vessel security officer as permitted by the Administration, and the vessel’s master shall, as soon as possible, inform the relevant maritime authorities of the next ports of call of the arrangements in place.

  • (7) [Repealed, SOR/2014-162, s. 14]

  • SOR/2007-275, s. 5
  • SOR/2014-162, s. 14

Responsibilities

 A vessel security officer shall

  • (a) while the vessel is in operation, conduct inspections of the vessel at the frequency specified in the vessel security plan to ensure compliance with the requirements of this Part;

  • (b) implement the vessel security plan, as amended from time to time;

  • (c) conduct audits of the vessel security plan as required by this Part;

  • (d) coordinate the implementation of the vessel security plan with the company security officer and, if applicable, with the port security officer and the marine facility security officer;

  • (e) as soon as practicable after a deficiency in the vessel security plan is identified, report it to the company security officer and implement the action necessary that is required to correct the deficiency until the plan is amended;

  • (f) propose amendments to the vessel security plan to the company security officer to correct any deficiencies;

  • (g) ensure security awareness and vigilance on board the vessel, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions on board;

  • (h) ensure that appropriate security training or orientation is provided to the vessel’s personnel in accordance with this Part;

  • (h.1) ensure that all persons employed or engaged on board a vessel, including contractors, receive security orientation that is appropriate to their duties and the time they have spent on board the vessel, in order to be able to

    • (i) report a security incident,

    • (ii) know the procedures to follow when there is a security threat, and

    • (iii) take part in security-related emergency and contingency procedures;

  • (h.2) ensure that all vessel personnel with security responsibilities receive, before carrying out any of those responsibilities, security orientation that is appropriate to their duties;

  • (i) report security threats and security incidents to the master, the company security officer, the appropriate law enforcement agencies, the Minister and, if applicable, the port administration, as soon as possible after they occur so that an investigation can be conducted;

  • (j) report security breaches to the Minister and, if applicable, the port administration, as soon as possible after they occur;

  • (k) ensure that security equipment is operated, tested, calibrated and maintained in compliance with the vessel security plan; and

  • (l) conduct security drills and exercises.

  • SOR/2014-162, s. 15

Vessel Personnel with Security Responsibilities

  •  (1) A member of the vessel personnel with security responsibilities on a SOLAS ship shall hold

    • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a member of the vessel personnel with security responsibilities issued under Part 8; or

    • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a member of the ship personnel with security responsibilities issued by the contracting government of that state.

  • (2) In circumstances of exceptional necessity, if a member of the vessel personnel with security responsibilities is temporarily unavailable to fulfil his or her security responsibilities on a SOLAS ship, the Administration may permit a member of the vessel personnel without security responsibilities but with a knowledge of the vessel security plan to fulfil those responsibilities until the ship arrives at the next port of call or for a period not exceeding 30 days.

  • (3) A member of the vessel personnel with security responsibilities on a non-SOLAS ship shall have, by training or job experience, knowledge and competence that are relevant to the industry in which the ship operates in any of the following areas that relate to the member’s responsibilities:

    • (a) current security threats and patterns;

    • (b) the recognition and detection 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 could possibly be used to violate security procedures or to circumvent security procedures, equipment or systems;

    • (e) crowd management and control techniques;

    • (f) security-related communications;

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

    • (h) the operation, testing, calibration and maintenance of security equipment and systems;

    • (i) inspection and monitoring techniques;

    • (j) methods of performing physical searches of persons and goods, including personal effects, baggage, ships’ stores and cargo;

    • (k) the relevant provisions of the vessel security plan; and

    • (l) the meanings and the requirements of the different MARSEC levels.

  • SOR/2014-162, s. 16

Vessel Personnel without Security Responsibilities

  •  (1) A member of the vessel personnel without security responsibilities on a SOLAS ship shall hold

    • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a member of the vessel personnel without security responsibilities issued under Part 8; or

    • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a member of the ship personnel without security responsibilities issued by the contracting government of that state.

  • (2) A member of the vessel personnel without security responsibilities on a non-SOLAS ship, and a contractor engaged on the ship, shall receive security orientation that is appropriate to their duties and the amount of time that they have spent on board the ship. The security orientation shall address the following:

    • (a) the meanings of the different MARSEC levels, the procedures at each level and the emergency procedures and contingency plans;

    • (b) the recognition and detection 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; and

    • (d) techniques that could possibly be used to violate security procedures or to circumvent security procedures, equipment or systems.

  • SOR/2014-162, s. 17

Security Drills and Exercises

General

 Security drills and exercises shall test the proficiency of vessel personnel in carrying out their assigned security responsibilities at all MARSEC levels and the effective implementation of the vessel security plan and shall enable the vessel security officer to identify any related security deficiencies that need to be rectified.

Security Drills

  •  (1) A security drill may be conducted with other drills, if appropriate, but shall be conducted at least once every three months, except in the case of a vessel that is entitled to fly the Canadian flag and that is not engaged on an international voyage or is not in service at the time that a drill is to be conducted, in which case the drill shall be conducted within one week after the beginning of an international voyage or the return to service.

  • (2) Security drills shall test individual elements of the vessel security plan, including responses to security threats, security breaches and security incidents, and shall take into account, in respect of the vessel, the types of operations, personnel changes and other relevant circumstances.

  • (3) [Repealed, SOR/2014-162, s. 18]

  • (4) If, at any given time, more than 25 per cent of the vessel’s permanent crew have not participated in a security drill on board the vessel within the previous three months, a security drill shall be conducted within one week.

  • (5) A documented response to a security incident that was recorded under paragraph 218(1)(c) is considered equivalent to a security drill.

  • SOR/2014-162, ss. 18, 101(E)

Security Exercises

  •  (1) Security exercises

    • (a) shall test the requirements of the vessel security plan that are relevant to the objectives of each exercise and shall involve the active participation of personnel on board the vessel as appropriate to the exercise;

    • (b) may include the participation of governmental authorities or personnel from marine facilities, port administrations or other vessels who have security responsibilities, depending on the scope and the nature of the exercises;

    • (c) may be performed with respect to only the vessel or as part of a cooperative program to test the vessel security plan of another vessel or a marine facility or port security plan; and

    • (d) shall test, at a minimum, elements of coordination, resource availability, response, and communication and notification procedures.

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

  • (3) Security exercises may be

    • (a) full-scale;

    • (b) a tabletop simulation or seminar;

    • (c) combined with other appropriate exercises; or

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

  • (4) The implementation of security procedures at MARSEC level 2 or MARSEC level 3 is considered equivalent to a security exercise.

  • SOR/2014-162, s. 19
 
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