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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 2Vessels (continued)

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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