Marine Transportation Security Regulations (SOR/2004-144)

Marine Facility Personnel with Security Responsibilities

• 307 (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.

Marine Facility Personnel without Security Responsibilities

308 A person who is assigned to a marine facility and who does not have security responsibilities shall receive security orientation in

• (a) basic security issues and communications;

• (b) the meaning and the requirements of the different MARSEC levels, the different procedures required of the person at each level and the emergency procedures and contingency plans;

• (c) the recognition and detection of weapons, explosives and incendiaries and other dangerous substances and devices;

• (d) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security; and

• (e) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems.

Security Drills and Exercises

General

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

Security Drills

• 310 (1) A security drill is conducted

  • (a) at least once every three months; or

  • (b) within one month after operations resume at a marine facility that has been out of service or inactive for more than three months.

• (2) Security drills shall test individual elements of the marine facility security plan, including the response to security threats, security breaches and security incidents, and shall take into account, in respect of the marine facility, the types of operations, personnel changes, the types of vessels interfacing with it and other relevant circumstances.

• (3) A documented response to a security incident that was recorded under paragraph 312(1)(c) is considered equivalent to a security drill.

Security Exercises

• 311 (1) Security exercises

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

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

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

  • (a) be full-scale or live;

  • (b) be a tabletop simulation or seminar;

  • (c) be combined with other appropriate exercises; or

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

• (4) If a marine facility is involved in the implementation of MARSEC level 2 or MARSEC level 3 following a security incident, the implementation of the MARSEC level is considered equivalent to a security exercise.

Record Keeping

• 312 (1) A marine facility security officer shall keep

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

  • (b) records 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 marine facility security plan;

  • (c) records 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;

  • (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) declarations of security in respect of the marine facility;

  • (g) internal audits and reviews of security activities;

  • (h) security assessment information;

  • (i) the marine facility security assessment and each periodic review of the assessment, including the date on which the review was conducted and its findings;

  • (j) the marine facility security plan and each periodic review of the plan, including the date on which the review was conducted, its findings and any recommended amendments to the plan;

  • (k) each amendment to the marine facility security plan, including the date of its approval and implementation;

  • (l) records of inspections and patrols;

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

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

  • (o) an up-to-date list, by name and position, of the holders of transportation security clearances, except in a case where a port administration keeps the list.

• (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 marine facility 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 marine facility security officer shall ensure that the records or documents listed in subsection (1) are kept for at least two years after the day on which they are made and shall make them available to the Minister on request, but shall ensure that the marine facility security plan, and the assessment on which it was based, are kept for at least two years after the day on which the plan expires.

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

• (5) The marine facility 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.

Communications

• 313 (1) The marine facility security officer shall have the means to notify all marine facility personnel of changes in security conditions at the marine facility.

• (2) The marine facility shall have communication systems and procedures that allow effective communications

  • (a) between the marine facility security personnel and vessels interfacing with the marine facility and, if the marine facility is in a port, the port administration; and

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

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

Coordination of Security Procedures during Interfacing

314 The operator of a marine facility shall ensure that the implementation of the marine facility security procedures is coordinated with vessels interfacing with the marine facility and, if the marine facility is in a port, with the port administration.

Declaration of Security

• 315 (1) A declaration of security shall be completed before an interface starts between a marine facility and a 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;

  • (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 taken into account 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 marine facility security officer and the vessel security officer.

• (5) A marine facility security officer or vessel security officer may authorize in writing a person who has security responsibilities at the marine facility or on the vessel 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 marine facility and a 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.

Marine Facility Security Assessments

Requirements for Persons Providing Security Assessment Information

316 The persons who provide security assessment information shall have, collectively, the competence to evaluate the security of the marine facility, including knowledge 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 structures and essential services;

• (g) marine facility and vessel interface business practices;

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

• (i) physical security requirements;

• (j) radio and telecommunications systems, including computer systems and networks;

• (k) marine or civil engineering; and

• (l) marine facility and vessel operations.