Marine Transportation Security Regulations (SOR/2004-144)

Pre-arrival Information

• 221 (1) The master of a vessel shall ensure that the vessel does not enter Canadian waters unless the master reports pre-arrival information at the following time to the Minister in accordance with the instructions set out in the most recent edition of the Canadian Coast Guard Radio Aids to Marine Navigation:

  • (a) if the duration of the segment of the voyage before entering Canadian waters is less than 24 hours, as soon as practicable before entering Canadian waters but no later than the time of departure from the last port of call;

  • (b) if the duration of the segment of the voyage before entering Canadian waters is less than 96 hours but more than 24 hours, at least 24 hours before entering Canadian waters; or

  • (c) at least 96 hours before entering Canadian waters.

• (2) The master of a vessel shall ensure that the following pre-arrival information in respect of the vessel is reported under subsection (1):

  • (a) its name;

  • (b) its country of registry;

  • (c) the name of its registered owner;

  • (d) the name of its operator;

  • (e) the name of its classification society;

  • (f) its international radio call sign;

  • (g) the number of its International Ship Security Certificate or interim International Ship Security Certificate, of its Canadian Vessel Security Certificate or interim Canadian Vessel Security Certificate, or of its ship security compliance document or interim ship security compliance document;

  • (h) its International Maritime Organization ship identification number, if it is a SOLAS ship;

  • (h.1) as applicable, the International Maritime Organization Unique Company Identification Number of its company and the International Maritime Organization Unique Registered Owner Identification Number of its owner, as defined in Regulation 3-1 of Chapter XI-1 of SOLAS;

  • (i) the date of issuance, date of expiry and name of the issuing body of its International Ship Security Certificate or interim International Ship Security Certificate, of its Canadian Vessel Security Certificate or interim Canadian Vessel Security Certificate, or of its ship security compliance document or interim ship security compliance document;

  • (j) confirmation that the vessel has an approved vessel security plan;

  • (k) the current MARSEC level;

  • (l) a statement of when its last 10 declarations of security were completed;

  • (m) details of any security breach, security incident or security threat involving the vessel during the last ten calls at marine facilities and during the time spent at sea between those calls;

  • (n) [Repealed, SOR/2014-162, s. 22]

  • (o) details of any deficiencies in its security equipment and systems, including the communication systems, and the way in which the master of the vessel intends to correct them;

  • (p) if applicable, the name of its agent and their 24-hour telephone and facsimile numbers;

  • (q) if applicable, the name of its charterer;

  • (r) the date on which the information is reported and the latitude and longitude of the vessel at the time that it is reported;

  • (s) the vessel’s course and speed;

  • (t) its first port of call in Canada, with the estimated time of arrival at that port of call, and, if applicable, its final destination, with the estimated time of arrival at that destination;

  • (u) the name of a contact person at the marine facility that it will visit and their 24-hour telephone and facsimile numbers;

  • (v) the following information in respect of its last 10 marine facilities visited:

    • (i) the receiving facility,

    • (ii) the marine facility visited,

    • (iii) the city and country,

    • (iv) the date and time of arrival, and

    • (v) the date and time of departure;

  • (w) a general description of the cargo, including the cargo amount;

  • (x) if applicable, the presence and description of any dangerous substances or devices on board; and

  • (y) the following contact information:

    • (i) the name of the master,

    • (ii) an email address, if applicable, and

    • (iii) a satellite or cellular telephone number, if applicable.

• (3) If there is any change in the pre-arrival information reported under subsection (1), the master of a vessel shall ensure

  • (a) that the change is reported to the Minister in accordance with the instructions set out in the most recent edition of the Canadian Coast Guard publication entitled Radio Aids to Marine Navigation;

  • (b) that the vessel does not enter Canadian waters unless the change has been reported to the Minister; and

  • (c) in the case of a change that has occurred after the vessel has entered Canadian waters, that the change is reported to the Minister before the vessel’s first interface with a marine facility in Canada.

• (4) This section does not apply to vessels operating solely on the Great Lakes or to the portions of a vessel’s voyage on the Great Lakes after pre-arrival information has been given prior to its entrance into the St. Lawrence Seaway.

Vessel Security Alert System

• 222 (1) For the purposes of this section, a vessel is constructed on the earliest of

  • (a) the day on which its keel is laid,

  • (b) the day on which construction identifiable with a specific vessel begins, and

  • (c) the day on which the assembly of the vessel reaches the lesser of 50 tonnes and 1 per cent of the estimated mass of all structural material of the vessel.

• (2) The operator of a vessel shall ensure that the vessel is equipped with a vessel security alert system

  • (a) not later than the day of the first survey of its radio installation after July 1, 2004 if the vessel was constructed before July 1, 2004 and is

    • (i) a passenger vessel, including a passenger high-speed craft, or

    • (ii) an oil tanker, a chemical tanker, a gas carrier, a bulk carrier or a cargo high-speed craft that is 500 tons gross tonnage or more;

  • (b) not later than the day of the first survey of its radio installation after July 1, 2006 if the vessel was constructed before July 1, 2004 and is

    • (i) a cargo vessel, other than one referred to in subparagraph (a)(ii), that is 500 tons gross tonnage or more, or

    • (ii) a mobile offshore drilling unit; or

  • (c) before it is operated if the vessel was constructed on or after July 1, 2004.

• (3) A vessel’s radio installation may be used as the vessel security alert system if it meets the requirements of Chapter IV of SOLAS and those of sections 223 to 225.

• 223 (1) The vessel security alert system shall

  • (a) be capable of being activated from the navigation bridge and at least one other location;

  • (b) comply with

    • (i) International Maritime Organization Resolution MSC.136(76), annex 7, Performance Standards for a Ship Security Alert System, as amended from time to time, if the system was installed before July 1, 2004,

    • (ii) International Maritime Organization Resolution MSC.147(77), annex 5, Performance Standards for a Ship Security Alert System, as amended from time to time, if the system is installed on or after July 1, 2004; or

    • (iii) another performance standard that provides the same level of security as in subparagraph (i) or (ii); and

  • (c) be equipped with activation points designed to prevent its inadvertent initiation.

• (2) For the purpose of interpreting the annexes referred to in paragraph (1)(b), “should” shall be read to mean “shall”.

224 The vessel security alert system, when activated,

• (a) shall, if the security of the vessel is under threat or has been compromised, initiate and transmit a vessel-to-shore security alert to the nearest Canadian maritime rescue coordination centre identifying the vessel and its position and indicating that the security of the vessel is under threat or has been compromised;

• (b) shall not send a security alert to another vessel;

• (c) shall not raise an alarm on board the vessel; and

• (d) shall continue the security alert until it is deactivated or reset.

• 225 (1) The radio system used for a vessel security alert system shall comply with relevant international standards.

• (2) If the vessel security alert system is powered from the vessel’s main source of electrical power, it shall also be possible to operate the system from another source of power.

226 If a Canadian maritime rescue coordination centre notifies the Minister that it has received a vessel security alert, the Minister shall immediately notify the contracting governments in the vicinity of which the vessel is operating and, in the case of a Canadian ship, its operator.

227 If a Canadian maritime rescue coordination centre notifies the Minister that it has received a vessel security alert from a vessel that is entitled to fly the flag of a foreign state, the Minister shall immediately notify the contracting government of that vessel and, if appropriate, of the countries in the vicinity of which the vessel is operating.

Declaration of Security

• 228 (1) A declaration of security shall be completed before an interface starts between a vessel and a marine facility or another vessel if

  • (a) they are operating at different MARSEC levels;

  • (b) one of them does not have a security plan approved by a contracting government or by a security organization referred to in section 9.2 of Part A of the ISPS Code;

  • (c) the interface involves a cruise ship, a vessel carrying certain dangerous cargoes or the loading or transfer of certain dangerous cargoes; or

  • (d) the security officer of either of them identifies security concerns about the interface.

• (2) A new declaration of security is required if there is a change in the MARSEC level.

• (3) The declaration of security shall provide a means for ensuring that all shared security concerns are fully addressed throughout the interface and shall contain the information set out in the form in Appendix 1 of Part B of the ISPS Code, with the terms “ship”, “port facility” and “security measures” read as “vessel”, “marine facility” and “security procedures”, respectively.

• (4) The declaration of security shall be in English or French and be signed by the vessel security officer and the marine facility security officer or the vessel security officers, as the case may be.

• (5) A vessel security officer or a marine facility security officer may authorize in writing a person who has security responsibilities on the vessel or marine facility and appropriate training to complete and sign the declaration of security on their behalf.

• (6) At MARSEC level 1 and MARSEC level 2, a continuing declaration of security may be used for multiple interfaces between a vessel and a marine facility or another vessel if the effective period of the declaration does not exceed

  • (a) 90 days at MARSEC level 1; or

  • (b) 30 days at MARSEC level 2.

• (7) If a declaration of security is required under subsection (1) between a vessel and the operator of a lock in the St. Lawrence Seaway, it shall be completed on its entry into the first lock and remain in effect until the vessel exits the St. Lawrence Seaway at the St. Lambert Lock or the Welland Canal at Port Colborne.

Vessel Security Assessment

General

229 The persons who conduct a vessel security assessment shall have, collectively, the competence to evaluate the security of the vessel, including knowledge that is relevant to the industry in which the vessel operates, 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 vessels and their equipment;

• (g) vessel security requirements;

• (h) vessel-to-vessel and vessel-to-marine facility 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 engineering; and

• (m) vessel and marine facility operations.