Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2019-06-20 and last amended on 2014-06-19. Previous Versions

PART 3Marine Facilities (continued)

Marine Facility Security Plan

General

 A marine facility security plan

  • (a) shall be based on the findings of the marine facility security assessment;

  • (b) shall be in English or French;

  • (c) shall be submitted to the Minister for approval;

  • (d) is valid for a period determined by the Minister, which shall not exceed five years after the date of the Minister’s approval; and

  • (e) may cover more than one marine facility if they share similarities in physical characteristics, location and operations.

Content

 A marine facility security plan shall address each vulnerability identified in the marine facility security assessment and include

  • (a) the organization of the marine facility in terms of security, including the tasks of personnel who have security responsibilities;

  • (b) the name of the operator and the name and position of the marine facility security officer, including information on how they may be contacted at any time;

  • (c) the identification of restricted areas and any security procedures, equipment and systems for those areas;

  • (d) a description of the procedures for and the frequency of drills and exercises;

  • (e) a description of procedures for the following:

    • (i) ensuring the security of information in the marine facility security plan and keeping the records referred to in section 312,

    • (ii) maintaining security and communication systems and equipment,

    • (iii) identifying and correcting security equipment or systems failures or malfunctions,

    • (iv) communications,

    • (v) responding to changes in the MARSEC level,

    • (vi) interfacing with vessels at each MARSEC level,

    • (vii) declarations of security,

    • (viii) preventing unauthorized weapons, explosives, incendiaries or other dangerous substances or devices from entering the marine facility,

    • (ix) reporting security threats, security breaches and security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration,

    • (x) securing non-critical operations in order to focus response on critical operations, and

    • (xi) periodically reviewing, updating and auditing the marine facility security plan;

  • (f) a description of

    • (i) security procedures, equipment and systems for access control,

    • (ii) security procedures for the delivery of ships’ stores and bunkers,

    • (iii) security procedures, equipment and systems for monitoring the marine facility and surrounding area, and

    • (iv) procedures for security threats, security breaches and security incidents, including procedures for the evacuation of the marine facility;

  • (g) the rate at which inspections of the marine facility are conducted; and

  • (h) the identification of positions for which a transportation security clearance is required.

  • SOR/2006-269, s. 9
  • SOR/2014-162, ss. 100, 101(E)

MARSEC Level Coordination and Implementation of Security Procedures

  •  (1) The marine facility security plan shall contain security procedures for ensuring that, when the operator of the marine facility is notified of an increase in the MARSEC level,

    • (a) the marine facility complies with the required additional security procedures within 12 hours after the notification;

    • (b) a report indicating compliance or noncompliance with the MARSEC level is made to the Minister; and

    • (c) the vessels interfacing with the marine facility and the vessels scheduled to arrive at the marine facility within 96 hours after the MARSEC level is increased are notified of the new MARSEC level and the declaration of security is revised accordingly.

  • (2) The marine facility security plan shall contain security procedures to ensure that, when notified of an increase in the MARSEC level, the marine facility security officer informs all marine facility personnel of identified security threats, emphasizes reporting procedures and stresses the need for increased vigilance.

  • (3) For MARSEC levels 2 and 3, the marine facility security plan shall contain procedures for ensuring that the operator of the marine facility evaluates the need for additional security procedures.

  • SOR/2014-162, s. 32

Security Procedures for Access Control

General

  •  (1) A marine facility security plan shall contain security procedures, as appropriate to the 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 marine facility;

    • (c) identify the locations at which restrictions or prohibitions preventing unauthorized access are to be applied for each MARSEC level and that each location allowing access to the marine facility is addressed;

    • (d) identify the types of restrictions or prohibitions to be applied and the means of enforcing them;

    • (e) establish the means of identification required to allow persons and vehicles to have access to or to remain in the marine facility without challenge;

    • (f) identify the locations at which the authorized screening of persons and goods, including vehicles, is to be conducted, and to ensure that these locations are covered to enable continuous screenings regardless of weather conditions; and

    • (g) facilitate shore leave for vessel personnel or crew change.

  • (2) The plan shall contain security procedures for verification of the identity of marine facility personnel and other persons seeking access to the marine facility that

    • (a) allow identification of authorized persons at each MARSEC level;

    • (b) are coordinated, to the extent practicable, with the identification systems of vessels that interface with the marine facility;

    • (c) are updated regularly; and

    • (d) allow temporary or continuing access to the marine facility by marine facility personnel, vessel personnel and other authorized persons, through the use of a badge or other means of verifying their identity.

  • (3) The plan shall set out the frequency of application of access controls, particularly if they are to be applied on a random or occasional basis.

  • SOR/2014-162, s. 33

MARSEC Level 1

 For MARSEC level 1, the security procedures for access control shall include, as appropriate to the facility’s operations,

  • (a) verifying the identity of every person seeking to enter a controlled access area and the reasons for which they seek entry by confirming at least one of the following:

    • (i) joining instructions,

    • (ii) passenger tickets,

    • (iii) boarding passes,

    • (iv) work orders or marine surveyor orders,

    • (v) government identification,

    • (vi) restricted area passes,

    • (vii) access passes or other identification issued by the marine facility or, if applicable, passes issued by the port administration, or

    • (viii) visitor badges issued in accordance with an identification system;

  • (b) authorized screening, at the rate specified in the marine facility security plan, of persons and goods, including vehicles, for weapons, explosives or incendiaries;

  • (c) denying or revoking access to a marine facility by persons who are unable or unwilling, at the request of marine facility personnel, to establish their identity or account for their presence at the marine facility and recording details of the denials and revocations;

  • (d) determining the appropriate access controls for restricted areas;

  • (e) identifying access points that must be secured or attended to deter unauthorized access; and

  • (f) deterring unauthorized access to the marine facility and to restricted areas.

 
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