Marine Transportation Security Regulations (SOR/2004-144)

Additional Requirements in respect of Cruise Ships

Weapons, Explosives and Incendiaries

• 261 (1) Subject to subsections (2) and (3), no person shall possess or carry a weapon, explosives or incendiaries on board a cruise ship.

• (2) Members of a law enforcement agency in the performance of their duties may possess or carry a weapon on board a cruise ship.

• (3) Persons who are engaged in the handling or transportation of cash, negotiable instruments or other valuable goods and who require firearms to protect their lives in the course of that handling or transportation may possess or carry firearms on board a cruise ship that is docked when they are handling or transporting the goods on behalf of the cruise ship operator.

• (4) Every cruise ship operator shall ensure that authorized screening of each person and their goods is carried out to ensure compliance with subsection (1).

262 A person who is embarking on or is on board a cruise ship shall not falsely declare

• (a) that they are carrying, or have in their goods, a weapon, explosives or incendiaries;

• (b) that another person who is embarking on or is on board a cruise ship is carrying, or has in their goods, a weapon, explosives or incendiaries; or

• (c) that weapons, explosives or incendiaries have been placed on board a cruise ship.

Authorized Screening

• 263 (1) A cruise ship operator shall remove from duty a screening officer who does not conduct an authorized screening in accordance with any security measures that may be formulated under section 7 of the Act and shall not allow the screening officer to conduct any authorized screening before the screening officer is retrained to meet the standards described in the measures.

• (2) A cruise ship operator shall maintain an up-to-date list containing the names of screening officers and shall provide the list to the Minister on request.

Security Procedures for Access Control

264 At all MARSEC levels, the cruise ship operator shall establish the following security procedures to control access to the cruise ship:

• (a) security patrols; and

• (b) searches of selected areas before passengers embark and before the vessel gets underway.

Security Briefs

265 When the MARSEC level is raised to MARSEC level 3, the vessel security officer of a cruise ship shall ensure that security briefs are provided to passengers about the security threat that resulted in the MARSEC level being raised, except where passengers might be put in danger.

Access

Prohibition

266 The operator of a SOLAS ship or a non-SOLAS ship shall not allow a person to board the ship unless the person is

• (a) a member of the crew of the ship;

• (b) a contractor or service provider engaged to perform work on the ship;

• (c) a person referred to in any of paragraphs 267(1)(a) to (e); or

• (d) any other person authorized by the operator or the master of the ship to come on board.

• 267 (1) No person shall enter or remain in a restricted area on a SOLAS ship or a non-SOLAS ship unless the person is

  • (a) a member of the crew authorized to do so in accordance with the security procedures established in the vessel security plan;

  • (b) a person other than a member of the crew who is escorted by an individual authorized to do so in accordance with the security procedures established in the vessel security plan;

  • (c) an inspector designated under subsection 22(1) of the Act who is on duty;

  • (d) a member of any of the following groups who is on duty on board the ship or at a marine facility during an interface with the ship:

    • (i) any police force in Canada,

    • (ii) the Canadian Security Intelligence Service,

    • (iii) the Canadian Forces within the meaning of Part II of the National Defence Act, or

    • (iv) the Canada Border Services Agency; or

  • (e) a provider of emergency services who requires access to the restricted area for the protection and preservation of life or property.

• (2) No person shall provide another person with access to a restricted area or assistance in entering a restricted area unless that other person is a person referred to in any of paragraphs (1)(a) to (e).

Escorted Access

• 268 (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.

[269 to 299 reserved]

PART 3Marine Facilities

[300 reserved]

Application

• 301 (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

• 302 (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.

303 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.

Marine Facility Security Officer

General

• 304 (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

305 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

306 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.