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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)

Record Keeping

  •  (1) A vessel security officer shall keep the following records:

    • (a) details of security training, including the date, duration and description and the names of the participants;

    • (b) details of security drills and exercises, including the date and description, the names of the participants and any best practices or lessons learned that might improve the vessel security plan;

    • (c) details of security threats, security breaches and security incidents, including the date, time, location and description, the response to them and the person to whom they were reported;

    • (d) records of changes in the MARSEC level, including the date, the time that notification was received and the time of compliance with the requirements of the new level;

    • (d.1) a record of the date on which, and the time at which, the vessel becomes subject to this Part and of the date on which, and the time at which, it ceases to be subject to this Part;

    • (e) records of maintenance, calibration and testing of equipment used for security, including the date and time of the activity and the equipment involved;

    • (f) the last 10 declarations of security and of each continuing declaration of security for at least 90 days after the end of its effective period;

    • (g) in the case of a SOLAS ship, a continuous synopsis record issued by the Minister;

    • (h) a record of the last 10 calls at marine facilities;

    • (i) a record of each annual audit of the vessel security plan that includes, for each annual audit, a letter from the company security officer or the vessel security officer that certifies the day on which the audit was completed;

    • (j) a copy of the vessel security assessment and details of each periodic review of the vessel security assessment, including the date on which it was conducted and the findings of the review;

    • (k) the approved vessel security plan and details of each periodic review of the vessel security plan, including the date on which it was conducted, the findings of the review and any amendments to the plan that are recommended;

    • (l) details of each amendment to the vessel security plan, including the date of its approval and of its implementation;

    • (m) a list, by name or position, of the vessel personnel who have security responsibilities;

    • (n) an up-to-date list containing the names of screening officers; and

    • (o) records of inspections, including the date on which they are conducted.

  • (2) If records respecting equipment that is not used exclusively for security are kept separately from records respecting equipment that is used exclusively for security, the vessel security officer shall

    • (a) document, in written or electronic form, their existence, location and the name or position of the person responsible for keeping them; and

    • (b) ensure that the records are accessible.

  • (3) The vessel security officer shall ensure that the records set out in subsection (1) are kept for at least two years after they are made and shall make them available to the Minister on request, but shall ensure that the copy of the vessel security assessment and the approved vessel security plan are kept for at least two years after the expiry of the plan.

  • (4) The vessel security officer shall ensure that the records are protected from unauthorized access or disclosure.

  • (5) The vessel security officer shall ensure that any records kept in electronic format are protected from deletion, destruction and revision.

  • (6) No person shall disclose security information contained in the records, unless the disclosure is for the purpose of complying with these Regulations.

  • SOR/2006-269, s. 3
  • SOR/2006-270, s. 2
  • SOR/2014-162, ss. 20, 101(E)

MARSEC Level Coordination and Implementation of Procedures

  •  (1) The operator of a vessel shall, before the vessel interfaces with a marine facility, ensure that all procedures that are established in the vessel security plan for compliance with the MARSEC level in effect for that marine facility are implemented.

  • (2) When notified of an increase in the MARSEC level, the master of a vessel shall

    • (a) if the MARSEC level in effect at a marine facility with which the vessel is about to interface is raised to a level higher than the level in effect on the vessel, ensure that the vessel complies, without undue delay before interfacing with the facility, with all the procedures established in the vessel security plan for compliance with that higher MARSEC level;

    • (b) if the vessel is in Canadian waters, notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard if all the procedures established in the vessel security plan for compliance with that higher MARSEC level have not been implemented;

    • (c) if the vessel is a Canadian ship in the waters of a contracting government, notify the relevant maritime authority of that government;

    • (d) if the vessel is a Canadian ship in other waters, notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard; and

    • (e) brief all vessel personnel on identified security threats, emphasize reporting procedures and stress the need for increased vigilance.

  • (3) If there has been a change in the MARSEC level from that reported in the pre-arrival information required by section 221, the master shall immediately notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard.

  • SOR/2014-162, s. 21

Communications

  •  (1) The vessel security officer shall have the means to notify all vessel personnel of changes in security conditions on board the vessel.

  • (2) The vessel shall have communication systems and procedures that allow for effective communications

    • (a) between personnel with security responsibilities with respect to the vessel and marine facilities, ports and other vessels interfacing with the vessel; and

    • (b) with the Minister and local law enforcement agencies.

  • (3) The communication systems shall have a backup to ensure internal and external communications.

Pre-arrival Information

  •  (1) The master of a vessel shall ensure that the vessel does not enter Canadian waters unless the master reports pre-arrival information at the following time to the Minister in accordance with the instructions set out in the most recent edition of the Canadian Coast Guard Radio Aids to Marine Navigation:

    • (a) if the duration of the segment of the voyage before entering Canadian waters is less than 24 hours, as soon as practicable before entering Canadian waters but no later than the time of departure from the last port of call;

    • (b) if the duration of the segment of the voyage before entering Canadian waters is less than 96 hours but more than 24 hours, at least 24 hours before entering Canadian waters; or

    • (c) at least 96 hours before entering Canadian waters.

  • (2) The master of a vessel shall ensure that the following pre-arrival information in respect of the vessel is reported under subsection (1):

    • (a) its name;

    • (b) its country of registry;

    • (c) the name of its registered owner;

    • (d) the name of its operator;

    • (e) the name of its classification society;

    • (f) its international radio call sign;

    • (g) the number of its International Ship Security Certificate or interim International Ship Security Certificate, of its Canadian Vessel Security Certificate or interim Canadian Vessel Security Certificate, or of its ship security compliance document or interim ship security compliance document;

    • (h) its International Maritime Organization ship identification number, if it is a SOLAS ship;

    • (h.1) as applicable, the International Maritime Organization Unique Company Identification Number of its company and the International Maritime Organization Unique Registered Owner Identification Number of its owner, as defined in Regulation 3-1 of Chapter XI-1 of SOLAS;

    • (i) the date of issuance, date of expiry and name of the issuing body of its International Ship Security Certificate or interim International Ship Security Certificate, of its Canadian Vessel Security Certificate or interim Canadian Vessel Security Certificate, or of its ship security compliance document or interim ship security compliance document;

    • (j) confirmation that the vessel has an approved vessel security plan;

    • (k) the current MARSEC level;

    • (l) a statement of when its last 10 declarations of security were completed;

    • (m) details of any security breach, security incident or security threat involving the vessel during the last ten calls at marine facilities and during the time spent at sea between those calls;

    • (n) [Repealed, SOR/2014-162, s. 22]

    • (o) details of any deficiencies in its security equipment and systems, including the communication systems, and the way in which the master of the vessel intends to correct them;

    • (p) if applicable, the name of its agent and their 24-hour telephone and facsimile numbers;

    • (q) if applicable, the name of its charterer;

    • (r) the date on which the information is reported and the latitude and longitude of the vessel at the time that it is reported;

    • (s) the vessel’s course and speed;

    • (t) its first port of call in Canada, with the estimated time of arrival at that port of call, and, if applicable, its final destination, with the estimated time of arrival at that destination;

    • (u) the name of a contact person at the marine facility that it will visit and their 24-hour telephone and facsimile numbers;

    • (v) the following information in respect of its last 10 marine facilities visited:

      • (i) the receiving facility,

      • (ii) the marine facility visited,

      • (iii) the city and country,

      • (iv) the date and time of arrival, and

      • (v) the date and time of departure;

    • (w) a general description of the cargo, including the cargo amount;

    • (x) if applicable, the presence and description of any dangerous substances or devices on board; and

    • (y) the following contact information:

      • (i) the name of the master,

      • (ii) an email address, if applicable, and

      • (iii) a satellite or cellular telephone number, if applicable.

  • (3) If there is any change in the pre-arrival information reported under subsection (1), the master of a vessel shall ensure

    • (a) that the change is reported to the Minister in accordance with the instructions set out in the most recent edition of the Canadian Coast Guard publication entitled Radio Aids to Marine Navigation;

    • (b) that the vessel does not enter Canadian waters unless the change has been reported to the Minister; and

    • (c) in the case of a change that has occurred after the vessel has entered Canadian waters, that the change is reported to the Minister before the vessel’s first interface with a marine facility in Canada.

  • (4) This section does not apply to vessels operating solely on the Great Lakes or to the portions of a vessel’s voyage on the Great Lakes after pre-arrival information has been given prior to its entrance into the St. Lawrence Seaway.

  • SOR/2006-269, s. 4(F)
  • SOR/2006-270, s. 3
  • SOR/2014-162, s. 22

Vessel Security Alert System

[
  • SOR/2006-269, s. 5(F)
]
  •  (1) For the purposes of this section, a vessel is constructed on the earliest of

    • (a) the day on which its keel is laid,

    • (b) the day on which construction identifiable with a specific vessel begins, and

    • (c) the day on which the assembly of the vessel reaches the lesser of 50 tonnes and 1 per cent of the estimated mass of all structural material of the vessel.

  • (2) The operator of a vessel shall ensure that the vessel is equipped with a vessel security alert system

    • (a) not later than the day of the first survey of its radio installation after July 1, 2004 if the vessel was constructed before July 1, 2004 and is

      • (i) a passenger vessel, including a passenger high-speed craft, or

      • (ii) an oil tanker, a chemical tanker, a gas carrier, a bulk carrier or a cargo high-speed craft that is 500 tons gross tonnage or more;

    • (b) not later than the day of the first survey of its radio installation after July 1, 2006 if the vessel was constructed before July 1, 2004 and is

      • (i) a cargo vessel, other than one referred to in subparagraph (a)(ii), that is 500 tons gross tonnage or more, or

      • (ii) a mobile offshore drilling unit; or

    • (c) before it is operated if the vessel was constructed on or after July 1, 2004.

  • (3) A vessel’s radio installation may be used as the vessel security alert system if it meets the requirements of Chapter IV of SOLAS and those of sections 223 to 225.

  •  (1) The vessel security alert system shall

    • (a) be capable of being activated from the navigation bridge and at least one other location;

    • (b) comply with

      • (i) International Maritime Organization Resolution MSC.136(76), annex 7, Performance Standards for a Ship Security Alert System, as amended from time to time, if the system was installed before July 1, 2004,

      • (ii) International Maritime Organization Resolution MSC.147(77), annex 5, Performance Standards for a Ship Security Alert System, as amended from time to time, if the system is installed on or after July 1, 2004; or

      • (iii) another performance standard that provides the same level of security as in subparagraph (i) or (ii); and

    • (c) be equipped with activation points designed to prevent its inadvertent initiation.

  • (2) For the purpose of interpreting the annexes referred to in paragraph (1)(b), “should” shall be read to mean “shall”.

 The vessel security alert system, when activated,

  • (a) shall, if the security of the vessel is under threat or has been compromised, initiate and transmit a vessel-to-shore security alert to the nearest Canadian maritime rescue coordination centre identifying the vessel and its position and indicating that the security of the vessel is under threat or has been compromised;

  • (b) shall not send a security alert to another vessel;

  • (c) shall not raise an alarm on board the vessel; and

  • (d) shall continue the security alert until it is deactivated or reset.

  •  (1) The radio system used for a vessel security alert system shall comply with relevant international standards.

  • (2) If the vessel security alert system is powered from the vessel’s main source of electrical power, it shall also be possible to operate the system from another source of power.

 If a Canadian maritime rescue coordination centre notifies the Minister that it has received a vessel security alert, the Minister shall immediately notify the contracting governments in the vicinity of which the vessel is operating and, in the case of a Canadian ship, its operator.

 If a Canadian maritime rescue coordination centre notifies the Minister that it has received a vessel security alert from a vessel that is entitled to fly the flag of a foreign state, the Minister shall immediately notify the contracting government of that vessel and, if appropriate, of the countries in the vicinity of which the vessel is operating.

 
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