Marine Transportation Security Regulations (SOR/2004-144)

Operator of a Vessel

• 205 (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.

Master

• 206 (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.

Company Security Officer

General

• 207 (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

208 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

209 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

• 210 (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.

Qualifications

• 211 (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]

Responsibilities

212 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.