Marine Transportation Security Regulations (SOR/2004-144)
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Regulations are current to 2023-05-17 and last amended on 2014-06-19. Previous Versions
PART 3Marine Facilities (continued)
Occasional-Use Marine Facility Security Officer
356 (1) An occasional-use marine facility security officer may
(a) act in that capacity for more than one occasional-use marine facility if they are able to fulfil the responsibilities for each occasional-use marine facility;
(b) have other responsibilities within the operator’s organization if they are able to fulfil their responsibilities; and
(c) delegate tasks required by section 358.
(2) An occasional-use marine facility security officer remains responsible for the performance of the tasks they delegate.
- SOR/2006-269, s. 11
357 An occasional-use 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 occasional-use marine facility;
(b) the operations and operating conditions of the occasional-use marine facility and vessels;
(c) the security procedures of the occasional-use marine facility, vessels and 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) relevant international conventions, codes, standards and recommendations;
(g) relevant legislation, regulations and security measures, rules and procedures; and
(h) the responsibilities and functions of municipal, provincial and federal law enforcement agencies.
358 An occasional-use marine facility security officer shall
(a) ensure security awareness and vigilance at the occasional-use marine facility, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions there;
(b) ensure that appropriate security training is provided to personnel at the occasional-use marine facility in accordance with this Part;
(c) report security incidents to the appropriate law enforcement agencies and the Minister as soon as possible after they occur so that an investigation can be conducted;
(d) coordinate the signing and implementation of the declaration of security between the occasional-use marine facility and interfacing vessel;
(e) shall, in the case of an interface with a vessel to which Part 2 applies, ensure that
(i) security sweeps are performed before and after the interface in order to confirm the absence of security threats, dangerous substances or devices, and
(ii) implement any temporary security procedures that are required during the interface; and
(f) keep records of security sweeps and declarations of security in respect of the occasional-use marine facility and send a copy of each declaration of security to the Minister.
359 (1) Security procedures shall be established for an occasional-use marine facility. The security procedures shall include
(a) a description of the organization of the occasional-use marine facility in terms of security, including the tasks of marine facility personnel with security responsibilities;
(b) the name of the operator and the name and position of the occasional-use marine facility security officer, including information on how they may be contacted at any time;
(c) a description of procedures for:
(i) responding to changes in the MARSEC level,
(ii) interfacing, at each MARSEC level, with vessels to which Part 2 applies,
(iii) coordinating, with the master of a vessel and, if applicable, the port security officer, shore leave for vessel personnel or crew change, as well as access to the vessel by visitors passing through the occasional-use marine facility,
(iv) reporting security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration,
(v) meeting the requirements respecting declarations of security,
(vi) implementing any temporary security procedures that are required during an interface,
(vii) keeping the records referred to in paragraph 358(f),
(viii) as appropriate to the occasional-use marine facility’s operations, briefing marine facility personnel on potential threats to security and on the need for vigilance and for their assistance in reporting suspicious persons, objects or activities, at each MARSEC level, and
(ix) as appropriate to the occasional-use marine facility’s operations, performing the security sweeps required by paragraph 358(e).
(2) The security procedures established for an occasional-use marine facility shall also include procedures, as appropriate to the marine facility’s operations, to control access to the marine facility at each MARSEC level and to
(a) deter the unauthorized entry of weapons, explosives and incendiaries, including any device that could be used to damage or destroy marine facilities or vessels or harm individuals;
(b) secure any weapons, explosives, incendiaries or other dangerous substances and devices that are authorized by the operator to be at the occasional-use marine facility;
(c) identify the locations at which restrictions or prohibitions to prevent unauthorized access are to be applied for each MARSEC level and specify that each location allowing access to the occasional-use marine facility is to be addressed;
(d) identify the types of restrictions or prohibitions to be applied and the means of applying them;
(e) establish the means of identification required to allow persons and vehicles to have access to or remain in the occasional-use marine facility without challenge; and
(f) identify the locations at which the authorized screening of persons and goods, including vehicles, is to be conducted, and ensure that these locations are covered in order to enable continuous screening regardless of weather conditions.
- SOR/2014-162, s. 40
Approval of Security Procedures
360 (1) If the Minister is satisfied that the security procedures for an occasional-use marine facility meet the requirements of section 359, the Minister shall approve the security procedures and issue a letter of compliance certifying that they meet the requirements of this Part, unless approving the security procedures is not in the public interest and is likely to adversely affect marine transportation security.
(2) Security procedures are valid for the period fixed by the Minister, which shall not exceed five years after the day on which they are approved by the Minister. In fixing the period, the Minister shall consider the following:
(a) the marine facility’s operations and the industry in which it operates;
(b) the operator’s security record;
(c) the marine facility’s security record; and
(d) the complexity of the security procedures of the marine facility and the details of those procedures.
- SOR/2014-162, s. 40
360.1 No person shall operate an occasional-use marine facility without a valid letter of compliance issued under subsection 360(1).
- SOR/2014-162, s. 40
361 [Repealed, SOR/2014-162, s. 41]
Responsibilities of the Port Administration
362 A port administration shall
(a) establish, convene, and direct a port security committee;
(b) designate in writing, by name, a port security officer who will chair the port security committee;
(c) conduct an on-site survey and submit to the Minister the security assessment information respecting the port;
(d) provide the Minister with the information that is necessary to conduct a vulnerability assessment;
(e) submit a port security plan, and any amendment, to the Minister for approval;
(f) ensure the coordination of marine transportation security in consultation with the port security committee;
(g) ensure that the requirements of sections 363 to 375, 384 to 386 and 392, subsection 393(2) and section 394 are fulfilled;
(h) operate the port in accordance with the port security plan; and
(i) clearly mark with signs each restricted area at the port.
- SOR/2006-270, s. 7
- SOR/2014-162, s. 42
Responsibilities of the Port Security Officer
363 The port security officer shall develop a port security plan with the marine facility security officers at the port and in consultation with representatives of federal departments and agencies, provincial and municipal governments, appropriate law enforcement agencies, emergency response providers, employers and labour at the port.
Responsibilities of the Port Security Committee
364 (1) The port security committee shall coordinate marine transportation security, which may include
(a) the identification of critical infrastructure and operations;
(b) the identification of risks, threats, vulnerabilities and consequences;
(c) the determination of mitigation strategies and implementation methods; and
(d) the establishment of a process to continually evaluate marine transportation security.
(2) The port security committee shall meet at least once a year for the purpose of reviewing its responsibilities that result from the application of subsection (1) and determining on that basis whether any modifications are required to the port security plan.
- SOR/2014-162, s. 43
Composition of the Port Security Committee
365 The chair of the port security committee may appoint other committee members from organizations concerned or affected by the security of the port including representatives of marine facilities, labour and municipal and provincial governments.
Port Security Assessments
366 Security assessment information in respect of a port shall
(a) be in English or French;
(b) be based on background information, the completion of an on-site survey and an analysis of that information and survey;
(c) identify and evaluate
(i) the physical aspects of the port that are the most important to protect and the means for protecting the personnel,
(ii) possible threats to the port, and the likelihood of their occurrence, in order to establish security procedures and countermeasures and their order of priority, and
(iii) the vulnerabilities, including human factors, in the security of the port;
(d) be protected from unauthorized access or disclosure; and
(e) if stored in electronic format, have procedures to prevent its unauthorized deletion, destruction or amendment.
Requirements for Persons Providing Port Security Assessment Information
367 The persons who provide port security assessment information shall have, collectively, the competence to evaluate the security of the port, 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) port security, marine facility and vessel security requirements;
(h) marine facility and vessel interface business practices;
(i) emergency preparedness and response and contingency planning;
(j) physical security requirements;
(k) radio and telecommunications systems, including computer systems and networks;
(l) marine or civil engineering; and
(m) marine facility and vessel operations.
Port Security Assessment Information
368 Port security assessment information shall consist of the following:
(a) the general layout of the port, including the location of
(i) active and inactive access points to the port,
(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, unaccompanied baggage, ships’ stores and cargo,
(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 port;
(c) a list of the emergency and stand-by equipment available to maintain essential services;
(d) for each marine facility in the port, the number of personnel and the security tasks of persons with security responsibilities;
(e) existing security and safety equipment for the protection of personnel and visitors at the port;
(f) escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the port;
(g) the results of security audits; and
(h) security procedures in effect, including inspection and access control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarm, lighting and other appropriate systems.
Elements of Port Security Assessments
369 The Minister shall conduct a port security assessment that addresses the following elements in respect of the port, as applicable:
(a) the physical security;
(b) the structural integrity;
(c) personnel protection systems;
(d) operational procedures that might impact on security;
(e) the radio and telecommunications systems, including computer systems and networks;
(f) the relevant transportation support infrastructure;
(h) response organizations; and
(i) other elements that might, if damaged or used illicitly, pose a risk to persons, property or operations at the port.
On-site Survey and Vulnerability Assessments
370 The on-site survey shall examine and evaluate current protective procedures and operations to verify or collect port security assessment information.
371 (1) A port security assessment shall include a vulnerability assessment undertaken in consultation with the operators of marine facilities in the port and representatives of labour to determine the following so as to produce an overall assessment of the level of risk against which security procedures have to be developed:
(a) any particular aspect of the port, including vessel traffic in the vicinity, that could make it a target of an attack;
(b) the possible consequences of an attack against the port in terms of loss of life, damage to property and economic disruption, including disruption to marine transport systems;
(c) the capability and intent of persons likely to mount an attack; and
(d) the possible 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 port;
(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 for monitoring restricted areas and other areas that have restricted access to ensure that only authorized persons have access;
(g) areas adjacent to the port 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 port.
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