Marine Transportation Security Regulations

206 (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.