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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)

Access (continued)

Escorted Access

  •  (1) A person who is being escorted in a restricted area shall remain with the escort while in the restricted area.

  • (2) An escort shall remain with the person being escorted, or ensure that another person who is authorized to do so under the security plan acts as the escort, while the person being escorted is in the restricted area.

  • SOR/2014-162, s. 27

[269 to 299 reserved]

PART 3Marine Facilities

[300 reserved]

Application

  •  (1) In this section, offshore facility means a marine facility in a maritime zone of Canada as described in Part I of the Oceans Act and includes a drilling unit and platform.

  • (2) This Part applies to marine facilities, other than offshore facilities, that interface with vessels to which Part 2 applies.

Operator of a Marine Facility

  •  (1) The operator of a marine facility shall ensure that the requirements of this Part are met.

  • (2) The operator of an occasional-use marine facility shall ensure that the requirements of sections 315 and 355 to 360.1 are met.

  • SOR/2014-162, s. 28

 The operator of a marine facility shall

  • (a) establish an administrative and organizational structure for security at the marine facility;

  • (b) provide every person who has responsibilities under this Part with the support needed to fulfil their responsibilities;

  • (c) designate in writing a marine facility security officer by name or by a position other than the position for which the designation is being made;

  • (d) operate the marine facility in compliance with the marine facility security plan and, if applicable, any corrective action referred to in paragraph 306(e) or a port security plan;

  • (e) submit the security assessment information to the Minister;

  • (f) ensure that the implementation of security procedures is coordinated with the vessels with which the marine facility interfaces and, if the facility is in a port, with the port administration;

  • (g) if the marine facility is in a port, ensure the participation of the marine facility security officer in the port security committee;

  • (h) if the marine facility is in a port, ensure that the marine facility security officer develops a marine facility security plan with the port security officer and in consultation with representatives of appropriate law enforcement agencies, emergency response providers, employers and labour at the marine facility;

  • (i) coordinate, with the master of a vessel and, if the marine facility is in a port, the port security officer, shore leave for vessel personnel or crew change, as well as access through the marine facility of visitors to vessels, including representatives of seafarers’ welfare and labour organizations;

  • (j) provide information respecting the security of the marine facility to those persons who need it to comply with these Regulations; and

  • (k) clearly mark with signs each restricted area at the marine facility.

  • SOR/2014-162, s. 29

Marine Facility Security Officer

General

  •  (1) A marine facility security officer may

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

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

    • (c) delegate tasks required by this Part.

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

Qualifications

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

  • (a) the administrative and organizational structure for security at the marine facility;

  • (b) the operations and operating conditions of the marine facility, vessels and if applicable, port;

  • (c) the security procedures of the marine facility, vessels and, if applicable, port, including the meaning 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 marine facility security assessments;

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

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

  • (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 of 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;

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

  • (t) crowd management and control techniques; and

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

Responsibilities

 A marine facility security officer shall

  • (a) conduct inspections of the marine facility at the rate specified in the marine facility security plan to ensure compliance with the requirements of this Part;

  • (b) submit a marine facility security plan and any amendment to the Minister for approval;

  • (c) implement and maintain the approved marine facility security plan, coordinating it when necessary with the security officer of interfacing vessels and the port security officer;

  • (d) conduct audits of the marine facility security plan in accordance with this Part;

  • (e) as soon as practicable after a deficiency in the marine facility security plan is identified, implement the corrective action that is required to correct the deficiency until the plan is amended;

  • (f) submit to the Minister amendments to the marine facility security plan to correct any deficiencies;

  • (g) implement the approved amendments in the marine facility security plan;

  • (h) ensure security awareness and vigilance at the marine facility, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions at the marine facility;

  • (i) ensure that appropriate security training or orientation is provided to personnel at the marine facility in accordance with this Part;

  • (j) report security threats and security incidents to 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;

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

  • (l) ensure that there is effective communication and cooperation between the marine facility and the vessels with which it interfaces;

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

  • (n) record and report the implementation of security procedures, after a change in the MARSEC level, to the Minister, to the operator of any vessel with which it is interfacing or about to interface and to the operator of any marine facility or port administration affected by the change;

  • (o) keep a copy of the marine facility security assessment and plan readily accessible; and

  • (p) ensure that security drills and exercises are conducted.

  • SOR/2014-162, s. 101(E)

Marine Facility Personnel with Security Responsibilities

  •  (1) Persons who have responsibilities respecting the security of a marine facility, other than the marine facility security officer, shall have, by training or job experience, knowledge that is relevant to the marine facility in the areas that relate to their responsibilities.

  • (2) The areas of knowledge include the following:

    • (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 might 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 marine facility security plan; and

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

Marine Facility Personnel without Security Responsibilities

 A person who is assigned to a marine facility and who does not have security responsibilities shall receive security orientation in

  • (a) basic security issues and communications;

  • (b) the meaning and the requirements of the different MARSEC levels, the different procedures required of the person at each level and the emergency procedures and contingency plans;

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

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

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

Security Drills and Exercises

General

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

Security Drills

  •  (1) A security drill is conducted

    • (a) at least once every three months; or

    • (b) within one month after operations resume at a marine facility that has been out of service or inactive for more than three months.

  • (2) Security drills shall test individual elements of the marine facility security plan, including the response to security threats, security breaches and security incidents, and shall take into account, in respect of the marine facility, the types of operations, personnel changes, the types of vessels interfacing with it and other relevant circumstances.

  • (3) A documented response to a security incident that was recorded under paragraph 312(1)(c) is considered equivalent to a security drill.

  • SOR/2014-162, ss. 30, 101(E)

Security Exercises

  •  (1) Security exercises

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

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

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

  • (4) If a marine facility is involved in the implementation of MARSEC level 2 or MARSEC level 3 following a security incident, the implementation of the MARSEC level is considered equivalent to a security exercise.

  • SOR/2014-162, s. 31

Record Keeping

[
  • SOR/2006-270, s. 5
]
  •  (1) A marine facility security officer shall keep

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

    • (b) records 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 marine facility security plan;

    • (c) records 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;

    • (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) declarations of security in respect of the marine facility;

    • (g) internal audits and reviews of security activities;

    • (h) security assessment information;

    • (i) the marine facility security assessment and each periodic review of the assessment, including the date on which the review was conducted and its findings;

    • (j) the marine facility security plan and each periodic review of the plan, including the date on which the review was conducted, its findings and any recommended amendments to the plan;

    • (k) each amendment to the marine facility security plan, including the date of its approval and implementation;

    • (l) records of inspections and patrols;

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

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

    • (o) an up-to-date list, by name and position, of the holders of transportation security clearances, except in a case where a port administration keeps the list.

  • (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 marine facility 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 marine facility security officer shall ensure that the records or documents listed in subsection (1) are kept for at least two years after the day on which they are made and shall make them available to the Minister on request, but shall ensure that the marine facility security plan, and the assessment on which it was based, are kept for at least two years after the day on which the plan expires.

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

  • (5) The marine facility 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. 8
  • SOR/2006-270, s. 6
  • SOR/2014-162, ss. 100, 101(E)
 
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