Marine Transportation Security Regulations

352 (1) If the Minister is satisfied that a marine facility security plan meets the requirements of this Part, the Minister shall approve the plan and issue a letter of approval certifying that the plan meets the requirements of this Part, unless approving the plan is not in the public interest and is likely to adversely affect marine transportation security.

(2) Subject to subsection 351(7), a plan is valid for the period fixed by the Minister, not exceeding five years after the day on which it is 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;

• (d) the complexity of the marine facility security plan and the details of its procedures; and

• (e) the findings of the marine facility security assessment.

(3) The Minister shall issue, in English or French, an interim statement of compliance in respect of a marine facility if the marine facility security plan has been approved but a security inspector has not yet conducted an inspection under section 23 of the Act to ensure compliance with the requirements of this Part.

(4) The interim statement of compliance is valid until the expiry of six months after the day on which it is issued or until a statement of compliance is issued under subsection (5), whichever comes first.

(5) If the Minister is satisfied, on the basis of an inspection conducted under section 23 of the Act, that the requirements of this Part have been met, the Minister shall issue, in English or French, a statement of compliance in respect of the marine facility.

(6) The interim statement of compliance and the statement of compliance are valid while the approved security plan in respect of the marine facility is valid.