Marine Transportation Security Regulations (SOR/2004-144)

Vessel Personnel with Security Responsibilities

• 213 (1) A member of the vessel personnel with security responsibilities on a SOLAS ship shall hold

  • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a member of the vessel personnel with security responsibilities issued under Part 8; or

  • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a member of the ship personnel with security responsibilities issued by the contracting government of that state.

• (2) In circumstances of exceptional necessity, if a member of the vessel personnel with security responsibilities is temporarily unavailable to fulfil his or her security responsibilities on a SOLAS ship, the Administration may permit a member of the vessel personnel without security responsibilities but with a knowledge of the vessel security plan to fulfil those responsibilities until the ship arrives at the next port of call or for a period not exceeding 30 days.

• (3) A member of the vessel personnel with security responsibilities on a non-SOLAS ship shall have, by training or job experience, knowledge and competence that are relevant to the industry in which the ship operates in any of the following areas that relate to the member’s responsibilities:

  • (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 could possibly 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 vessel security plan; and

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

Vessel Personnel without Security Responsibilities

• 214 (1) A member of the vessel personnel without security responsibilities on a SOLAS ship shall hold

  • (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a member of the vessel personnel without security responsibilities issued under Part 8; or

  • (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a member of the ship personnel without security responsibilities issued by the contracting government of that state.

• (2) A member of the vessel personnel without security responsibilities on a non-SOLAS ship, and a contractor engaged on the ship, shall receive security orientation that is appropriate to their duties and the amount of time that they have spent on board the ship. The security orientation shall address the following:

  • (a) the meanings of the different MARSEC levels, the procedures at each level and the emergency procedures and contingency plans;

  • (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; and

  • (d) techniques that could possibly be used to violate security procedures or to circumvent security procedures, equipment or systems.

Security Drills and Exercises

General

215 Security drills and exercises shall test the proficiency of vessel personnel in carrying out their assigned security responsibilities at all MARSEC levels and the effective implementation of the vessel security plan and shall enable the vessel security officer to identify any related security deficiencies that need to be rectified.

Security Drills

• 216 (1) A security drill may be conducted with other drills, if appropriate, but shall be conducted at least once every three months, except in the case of a vessel that is entitled to fly the Canadian flag and that is not engaged on an international voyage or is not in service at the time that a drill is to be conducted, in which case the drill shall be conducted within one week after the beginning of an international voyage or the return to service.

• (2) Security drills shall test individual elements of the vessel security plan, including responses to security threats, security breaches and security incidents, and shall take into account, in respect of the vessel, the types of operations, personnel changes and other relevant circumstances.

• (3) [Repealed, SOR/2014-162, s. 18]

• (4) If, at any given time, more than 25 per cent of the vessel’s permanent crew have not participated in a security drill on board the vessel within the previous three months, a security drill shall be conducted within one week.

• (5) A documented response to a security incident that was recorded under paragraph 218(1)(c) is considered equivalent to a security drill.

Security Exercises

• 217 (1) Security exercises

  • (a) shall test the requirements of the vessel security plan that are relevant to the objectives of each exercise and shall involve the active participation of personnel on board the vessel as appropriate to the exercise;

  • (b) may include the participation of governmental authorities or personnel from marine facilities, port administrations or other vessels who have security responsibilities, depending on the scope and the nature of the exercises;

  • (c) may be performed with respect to only the vessel or as part of a cooperative program to test the vessel security plan of another vessel or a marine facility or port security plan; and

  • (d) shall test, at a minimum, elements of coordination, resource availability, response, and communication and notification procedures.

• (2) Security exercises shall be conducted at least once every calendar year with no more than 18 months between them.

• (3) Security exercises may be

  • (a) full-scale;

  • (b) a tabletop simulation or seminar;

  • (c) combined with other appropriate exercises; or

  • (d) a combination of two or more of the elements set out in paragraphs (a) to (c).

• (4) The implementation of security procedures at MARSEC level 2 or MARSEC level 3 is considered equivalent to a security exercise.

Record Keeping

• 218 (1) A vessel security officer shall keep the following records:

  • (a) details of security training, including the date, duration and description and the names of the participants;

  • (b) details of security drills and exercises, including the date and description, the names of the participants and any best practices or lessons learned that might improve the vessel security plan;

  • (c) details of security threats, security breaches and security incidents, including the date, time, location and description, the response to them and the person to whom they were reported;

  • (d) records of changes in the MARSEC level, including the date, the time that notification was received and the time of compliance with the requirements of the new level;

  • (d.1) a record of the date on which, and the time at which, the vessel becomes subject to this Part and of the date on which, and the time at which, it ceases to be subject to this Part;

  • (e) records of maintenance, calibration and testing of equipment used for security, including the date and time of the activity and the equipment involved;

  • (f) the last 10 declarations of security and of each continuing declaration of security for at least 90 days after the end of its effective period;

  • (g) in the case of a SOLAS ship, a continuous synopsis record issued by the Minister;

  • (h) a record of the last 10 calls at marine facilities;

  • (i) a record of each annual audit of the vessel security plan that includes, for each annual audit, a letter from the company security officer or the vessel security officer that certifies the day on which the audit was completed;

  • (j) a copy of the vessel security assessment and details of each periodic review of the vessel security assessment, including the date on which it was conducted and the findings of the review;

  • (k) the approved vessel security plan and details of each periodic review of the vessel security plan, including the date on which it was conducted, the findings of the review and any amendments to the plan that are recommended;

  • (l) details of each amendment to the vessel security plan, including the date of its approval and of its implementation;

  • (m) a list, by name or position, of the vessel personnel who have security responsibilities;

  • (n) an up-to-date list containing the names of screening officers; and

  • (o) records of inspections, including the date on which they are conducted.

• (2) If records respecting equipment that is not used exclusively for security are kept separately from records respecting equipment that is used exclusively for security, the vessel security officer shall

  • (a) document, in written or electronic form, their existence, location and the name or position of the person responsible for keeping them; and

  • (b) ensure that the records are accessible.

• (3) The vessel security officer shall ensure that the records set out in subsection (1) are kept for at least two years after they are made and shall make them available to the Minister on request, but shall ensure that the copy of the vessel security assessment and the approved vessel security plan are kept for at least two years after the expiry of the plan.

• (4) The vessel security officer shall ensure that the records are protected from unauthorized access or disclosure.

• (5) The vessel security officer shall ensure that any records kept in electronic format are protected from deletion, destruction and revision.

• (6) No person shall disclose security information contained in the records, unless the disclosure is for the purpose of complying with these Regulations.

MARSEC Level Coordination and Implementation of Procedures

• 219 (1) The operator of a vessel shall, before the vessel interfaces with a marine facility, ensure that all procedures that are established in the vessel security plan for compliance with the MARSEC level in effect for that marine facility are implemented.

• (2) When notified of an increase in the MARSEC level, the master of a vessel shall

  • (a) if the MARSEC level in effect at a marine facility with which the vessel is about to interface is raised to a level higher than the level in effect on the vessel, ensure that the vessel complies, without undue delay before interfacing with the facility, with all the procedures established in the vessel security plan for compliance with that higher MARSEC level;

  • (b) if the vessel is in Canadian waters, notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard if all the procedures established in the vessel security plan for compliance with that higher MARSEC level have not been implemented;

  • (c) if the vessel is a Canadian ship in the waters of a contracting government, notify the relevant maritime authority of that government;

  • (d) if the vessel is a Canadian ship in other waters, notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard; and

  • (e) brief all vessel personnel on identified security threats, emphasize reporting procedures and stress the need for increased vigilance.

• (3) If there has been a change in the MARSEC level from that reported in the pre-arrival information required by section 221, the master shall immediately notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard.

Communications

• 220 (1) The vessel security officer shall have the means to notify all vessel personnel of changes in security conditions on board the vessel.

• (2) The vessel shall have communication systems and procedures that allow for effective communications

  • (a) between personnel with security responsibilities with respect to the vessel and marine facilities, ports and other vessels interfacing with the vessel; and

  • (b) with the Minister and local law enforcement agencies.

• (3) The communication systems shall have a backup to ensure internal and external communications.