Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2019-06-06 and last amended on 2014-06-19. Previous Versions

PART 3Marine Facilities (continued)

Operator of a Marine Facility (continued)

 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.

  • SOR/2014-162, s. 29

Marine Facility Security Officer

General

  •  (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

 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

 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.

  • SOR/2014-162, s. 101(E)

Marine Facility Personnel with Security Responsibilities

  •  (1) Persons who have responsibilities respecting the security of a marine facility, other than the marine facility security officer, shall have, by training or job experience, knowledge that is relevant to the marine facility in the areas that relate to their responsibilities.

  • (2) The areas of knowledge include the following:

    • (a) current security threats and patterns;

    • (b) the recognition and detection 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) crowd management and control techniques;

    • (f) security-related communications;

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

    • (h) the operation, testing, calibration and maintenance of security equipment and systems;

    • (i) inspection and monitoring techniques;

    • (j) methods of performing physical searches of persons and goods, including personal effects, baggage, ships’ stores and cargo;

    • (k) the relevant provisions of the marine facility security plan; and

    • (l) the meaning and the requirements of the different MARSEC levels.

 
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