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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 3Marine Facilities (continued)

Communications

  •  (1) The marine facility security officer shall have the means to notify all marine facility personnel of changes in security conditions at the marine facility.

  • (2) The marine facility shall have communication systems and procedures that allow effective communications

    • (a) between the marine facility security personnel and vessels interfacing with the marine facility and, if the marine facility is in a port, the port administration; and

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

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

Coordination of Security Procedures during Interfacing

 The operator of a marine facility shall ensure that the implementation of the marine facility security procedures is coordinated with vessels interfacing with the marine facility and, if the marine facility is in a port, with the port administration.

Declaration of Security

  •  (1) A declaration of security shall be completed before an interface starts between a marine facility and a vessel if

    • (a) they are operating at different MARSEC levels;

    • (b) one of them does not have a security plan approved by a contracting government;

    • (c) the interface involves a cruise ship, a vessel carrying certain dangerous cargoes or the loading or transfer of certain dangerous cargoes; or

    • (d) the security officer of either of them identifies security concerns about the interface.

  • (2) A new declaration of security is required if there is a change in the MARSEC level.

  • (3) The declaration of security shall provide a means for ensuring that all shared security concerns are fully taken into account throughout the interface and shall contain the information set out in the form in Appendix 1 of Part B of the ISPS Code, with the terms “ship”, “port facility” and “security measures” read as “vessel”, “marine facility” and “security procedures”, respectively.

  • (4) The declaration of security shall be in English or French and be signed by the marine facility security officer and the vessel security officer.

  • (5) A marine facility security officer or vessel security officer may authorize in writing a person who has security responsibilities at the marine facility or on the vessel and appropriate training to complete and sign the declaration of security on their behalf.

  • (6) At MARSEC level 1 and MARSEC level 2, a continuing declaration of security may be used for multiple interfaces between a marine facility and a vessel if the effective period of the declaration does not exceed

    • (a) 90 days at MARSEC level 1; or

    • (b) 30 days at MARSEC level 2.

  • (7) If a declaration of security is required under subsection (1) between a vessel and the operator of a lock in the St. Lawrence Seaway, it shall be completed on its entry into the first lock and remain in effect until the vessel exits the St. Lawrence Seaway at the St. Lambert Lock or the Welland Canal at Port Colborne.

Marine Facility Security Assessments

Requirements for Persons Providing Security Assessment Information

 The persons who provide security assessment information shall have, collectively, the competence to evaluate the security of the marine facility, including knowledge in the following areas:

  • (a) current security threats and patterns;

  • (b) the detection and recognition 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) methods used to cause a security incident;

  • (f) the effects of dangerous substances and devices on structures and essential services;

  • (g) marine facility and vessel interface business practices;

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

  • (i) physical security requirements;

  • (j) radio and telecommunications systems, including computer systems and networks;

  • (k) marine or civil engineering; and

  • (l) marine facility and vessel operations.

Security Assessment Information

  •  (1) Security assessment information in respect of a marine facility

    • (a) shall be in English or French;

    • (b) shall be based on background information, the completion of an on-site survey and an analysis of that information and survey;

    • (c) shall identify and evaluate

      • (i) the physical aspects of the marine facility that are the most important to protect and the means for protecting the personnel,

      • (ii) possible threats to the marine facility and the likelihood of their occurrence, in order to establish and prioritize security procedures and countermeasures, and

      • (iii) the vulnerabilities, including human factors, in the security of the marine facility; and

    • (d) may cover more than one marine facility.

  • (2) Security assessment information shall consist of the following:

    • (a) the general layout of the marine facility, including the location of

      • (i) active and inactive access points to the marine facility,

      • (ii) security doors, barriers, and lighting,

      • (iii) restricted areas,

      • (iv) emergency and stand-by equipment available to maintain essential services,

      • (v) storage areas for maintenance equipment, ships’ stores, cargo and unaccompanied baggage,

      • (vi) escape and evacuation routes and assembly stations, and

      • (vii) existing security and safety equipment for the protection of personnel and visitors;

    • (b) changes in the tide that might have an impact on the vulnerability or security of the marine facility;

    • (c) a list of the emergency and stand-by equipment available to maintain essential services;

    • (d) the number of marine facility personnel, the security tasks of persons with security responsibilities and the training requirements and procedures of the marine facility;

    • (e) a list of existing security and safety equipment for the protection of marine facility personnel and visitors;

    • (f) escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the marine facility;

    • (g) the results of security audits; and

    • (h) security procedures in effect, including inspection and control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarm, lighting, access control and other appropriate systems.

Elements of Security Assessments

 The Minister shall conduct the marine facility security assessment, which addresses the following elements in respect of the marine facility, as applicable:

  • (a) the physical security;

  • (b) the structural integrity;

  • (c) personnel protection systems;

  • (d) operational procedures that might impact on security;

  • (e) its radio and telecommunications systems, including computer systems and networks;

  • (f) relevant transportation support infrastructure;

  • (g) utilities; and

  • (h) other elements that might, if damaged or used illicitly, pose a risk to people, property or operations at the marine facility.

Matters to be Taken into Account in Security Assessments

 A marine facility security assessment shall take into account potential threats and the following types of security incidents:

  • (a) damage to, or destruction of, the marine facility or a vessel by explosive devices, arson, sabotage or vandalism;

  • (b) tampering with essential equipment or systems, ships’ stores or cargo of the marine facility;

  • (c) unauthorized access to the marine facility;

  • (d) the smuggling onto the marine facility of weapons or equipment, including weapons of mass destruction;

  • (e) use of the marine facility itself as a weapon or as a means to cause damage or destruction;

  • (f) nuclear, biological, radiological, explosive or chemical attacks on the shoreside support system of the marine facility or on a vessel interfacing with the marine facility;

  • (g) the seizure of the marine facility or the seizure or hijacking of an interfacing vessel or persons on board; and

  • (h) use of the marine facility or its equipment by persons intending to cause a security incident.

On-site Survey and Vulnerability Assessments

 The operator of a marine facility shall ensure that an on-site survey of the marine facility is conducted. The survey shall examine and evaluate current protective procedures and operations to verify or collect security assessment information.

  •  (1) A marine facility security assessment shall include a vulnerability assessment undertaken in consultation with the operator of the marine facility to determine the following so as to produce an overall assessment of the level of risk for which security procedures have to be developed:

    • (a) any particular aspect of the marine facility, including vessel traffic in the vicinity, that might make it a target of an attack;

    • (b) the potential consequences of an attack on or at the marine facility in terms of loss of life, damage to property and economic disruption, including the disruption of marine transport systems;

    • (c) the capability and intent of those likely to mount an attack; and

    • (d) the potential types of attack.

  • (2) The vulnerability assessment shall include a consideration of the following:

    • (a) current security procedures, including identification systems;

    • (b) methods and points of access to the marine facility;

    • (c) the procedures to protect radio and telecommunications equipment, including computer systems and networks;

    • (d) any conflicting policies between safety and security procedures;

    • (e) any enforcement or personnel constraints;

    • (f) methods of monitoring restricted areas and other areas that have restricted access to ensure that only authorized persons have access;

    • (g) areas adjacent to the marine facility that might be exploited during or for an attack;

    • (h) current security procedures relating to utilities and other services;

    • (i) any deficiencies identified during training or drills;

    • (j) any deficiencies identified during daily operations or following incidents or alerts, reports of security concerns, the application of control measures or audits; and

    • (k) the structural integrity of the marine facility.

Marine Facility Security Plan

General

 A marine facility security plan

  • (a) shall be based on the findings of the marine facility security assessment;

  • (b) shall be in English or French;

  • (c) shall be submitted to the Minister for approval;

  • (d) is valid for a period determined by the Minister, which shall not exceed five years after the date of the Minister’s approval; and

  • (e) may cover more than one marine facility if they share similarities in physical characteristics, location and operations.

Content

 A marine facility security plan shall address each vulnerability identified in the marine facility security assessment and include

  • (a) the organization of the marine facility in terms of security, including the tasks of personnel who have security responsibilities;

  • (b) the name of the operator and the name and position of the marine facility security officer, including information on how they may be contacted at any time;

  • (c) the identification of restricted areas and any security procedures, equipment and systems for those areas;

  • (d) a description of the procedures for and the frequency of drills and exercises;

  • (e) a description of procedures for the following:

    • (i) ensuring the security of information in the marine facility security plan and keeping the records referred to in section 312,

    • (ii) maintaining security and communication systems and equipment,

    • (iii) identifying and correcting security equipment or systems failures or malfunctions,

    • (iv) communications,

    • (v) responding to changes in the MARSEC level,

    • (vi) interfacing with vessels at each MARSEC level,

    • (vii) declarations of security,

    • (viii) preventing unauthorized weapons, explosives, incendiaries or other dangerous substances or devices from entering the marine facility,

    • (ix) reporting security threats, security breaches and security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration,

    • (x) securing non-critical operations in order to focus response on critical operations, and

    • (xi) periodically reviewing, updating and auditing the marine facility security plan;

  • (f) a description of

    • (i) security procedures, equipment and systems for access control,

    • (ii) security procedures for the delivery of ships’ stores and bunkers,

    • (iii) security procedures, equipment and systems for monitoring the marine facility and surrounding area, and

    • (iv) procedures for security threats, security breaches and security incidents, including procedures for the evacuation of the marine facility;

  • (g) the rate at which inspections of the marine facility are conducted; and

  • (h) the identification of positions for which a transportation security clearance is required.

  • SOR/2006-269, s. 9
  • SOR/2014-162, ss. 100, 101(E)

MARSEC Level Coordination and Implementation of Security Procedures

  •  (1) The marine facility security plan shall contain security procedures for ensuring that, when the operator of the marine facility is notified of an increase in the MARSEC level,

    • (a) the marine facility complies with the required additional security procedures within 12 hours after the notification;

    • (b) a report indicating compliance or noncompliance with the MARSEC level is made to the Minister; and

    • (c) the vessels interfacing with the marine facility and the vessels scheduled to arrive at the marine facility within 96 hours after the MARSEC level is increased are notified of the new MARSEC level and the declaration of security is revised accordingly.

  • (2) The marine facility security plan shall contain security procedures to ensure that, when notified of an increase in the MARSEC level, the marine facility security officer informs all marine facility personnel of identified security threats, emphasizes reporting procedures and stresses the need for increased vigilance.

  • (3) For MARSEC levels 2 and 3, the marine facility security plan shall contain procedures for ensuring that the operator of the marine facility evaluates the need for additional security procedures.

  • SOR/2014-162, s. 32
 
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