Passenger Rail Transportation Security Regulations (SOR/2020-222)

PART 6Security Exercises

Marginal note:Operations-based security exercise

• 9 (1) A passenger company, other than a small passenger company, must carry out, at least once every five years after the day on which section 7 comes into force or, in the case of a passenger company created after the day on which section 7 comes into force, within five years after the day of its creation, an operations-based security exercise that is designed to address acts or attempted acts of unlawful interference with passenger rail transportation and that tests

  • (a) the effectiveness of the security plan and its implementation with respect to

    • (i) the elements of the risk management strategy that are relevant to the scenario selected for the exercise,

    • (ii) the additional safeguards set out in the security plan that are relevant to the scenario selected for the exercise, and

    • (iii) the process for responding to threats and other security concerns; and

  • (b) the proficiency of persons in performing security duties that are relevant to the scenario selected for the exercise.

• Marginal note:Deemed — security exercises

  (2) The implementation of safeguards in response to a heightened risk condition may be considered an operations-based security exercise if it tests

  • (a) the effectiveness of the security plan and its implementation with respect to

    • (i) the elements of the risk management strategy that are relevant to the heightened risk condition,

    • (ii) the additional security safeguards set out in the security plan that are relevant to the heightened risk condition, and

    • (iii) the process for responding to the heightened risk condition; and

  • (b) the proficiency of persons in performing security duties that are relevant to responding to the heightened risk condition.

• Marginal note:Notice

  (3) A passenger company, other than a small passenger company, must give the Minister 45 days’ notice of any operations-based security exercise that it plans to carry out.

• Marginal note:Discussion-based security exercise

  (4) A passenger company, other than a small passenger company, must carry out a discussion-based security exercise at least once every year after the day on which section 7 comes into force or, in the case of a passenger company created after the day on which section 7 comes into force, from the day of its creation, in order to address acts or attempted acts of unlawful interference with passenger rail transportation and that tests the effectiveness of the security plan with respect to

  • (a) the elements of the risk management strategy that are relevant to the scenario selected for the exercise;

  • (b) the additional safeguards set out in the security plan that are relevant to the scenario selected for the exercise; and

  • (c) the process for responding to security threats or other security concerns.

• Marginal note:Notice

  (5) A passenger company, other than a small passenger company, must give the Minister 45 days’ notice of any discussion-based security exercise that it plans to carry out.

• Marginal note:Deemed

  (6) An operations-based security exercise carried out under subsection (1) or referred to in subsection (2) is considered to be a discussion-based security exercise.

• Marginal note:Participants

  (7) A passenger company, other than a small passenger company, must ensure, to the extent possible, that persons with security duties that are relevant to the scenario selected for the exercise participate in the exercise referred to in subsection (1) or (4). In addition, the company must invite host companies and law enforcement and emergency response agencies to participate in the exercise, if their participation is relevant to the scenario.

• Marginal note:Records

  (8) A passenger company, other than a small passenger company, must create a record of each exercise carried out under subsections (1), (2) and (4) within 30 days after the date of the exercise and must ensure that the record contains the following information:

  • (a) the date of the exercise;

  • (b) the names of participants;

  • (c) a list of the companies and agencies that were invited;

  • (d) a description of the exercise scenario or, in the case of the exercise referred to in subsection (2), a description of the heightened risk condition;

  • (e) a description of the results of the exercise with respect to the elements tested in accordance with subsection (1), (2) or (4), as applicable; and

  • (f) a description of potential actions to address deficiencies that were identified during the exercise and that could adversely impact the security of passenger rail transportation.

• Marginal note:Retention period

  (9) A passenger company, other than a small passenger company, must ensure the record of each exercise is retained for three years after the date of the exercise.

• Marginal note:Actions

  (10) A passenger company, other than a small passenger company, must implement any action to address deficiencies that were identified during the exercise and that could adversely impact the security of passenger rail transportation.

Coming into Force

Marginal note:Registration

• 10 (1) Subject to subsections (2) to (4), these Regulations come into force on the day on which they are registered.

• Marginal note:Three months after registration

  (2) Sections 2 and 5 come into force on the day that, in the third month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that third month has no day with that number, the last day of that third month.

• Marginal note:Nine months after registration

  (3) Sections 6 and 7 come into force on the day that, in the ninth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that ninth month has no day with that number, the last day of that ninth month.

• Marginal note:Fifteen months after registration

  (4) Sections 8 and 9 come into force on the day that, in the fifteenth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that fifteenth month has no day with that number, the last day of that fifteenth month.