Marine Transportation Security Regulations (SOR/2004-144)

Composition of the Port Security Committee

365 The chair of the port security committee may appoint other committee members from organizations concerned or affected by the security of the port including representatives of marine facilities, labour and municipal and provincial governments.

Port Security Assessments

366 Security assessment information in respect of a port shall

• (a) be in English or French;

• (b) be based on background information, the completion of an on-site survey and an analysis of that information and survey;

• (c) identify and evaluate

  • (i) the physical aspects of the port that are the most important to protect and the means for protecting the personnel,

  • (ii) possible threats to the port, and the likelihood of their occurrence, in order to establish security procedures and countermeasures and their order of priority, and

  • (iii) the vulnerabilities, including human factors, in the security of the port;

• (d) be protected from unauthorized access or disclosure; and

• (e) if stored in electronic format, have procedures to prevent its unauthorized deletion, destruction or amendment.

Requirements for Persons Providing Port Security Assessment Information

367 The persons who provide port security assessment information shall have, collectively, the competence to evaluate the security of the port, 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) port security, marine facility and vessel security requirements;

• (h) marine facility and vessel 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 or civil engineering; and

• (m) marine facility and vessel operations.

Port Security Assessment Information

368 Port security assessment information shall consist of the following:

• (a) the general layout of the port, including the location of

  • (i) active and inactive access points to the port,

  • (ii) security doors, barriers, and lighting,

  • (iii) restricted areas,

  • (iv) emergency and stand-by equipment available to maintain essential services,

  • (v) storage areas for maintenance equipment, unaccompanied baggage, ships’ stores and cargo,

  • (vi) escape and evacuation routes and assembly stations, and

  • (vii) existing security and safety equipment for the protection of personnel and visitors;

• (b) changes in the tide that might have an impact on the vulnerability or security of the port;

• (c) a list of the emergency and stand-by equipment available to maintain essential services;

• (d) for each marine facility in the port, the number of personnel and the security tasks of persons with security responsibilities;

• (e) existing security and safety equipment for the protection of personnel and visitors at the port;

• (f) escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the port;

• (g) the results of security audits; and

• (h) security procedures in effect, including inspection and access control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarm, lighting and other appropriate systems.

Elements of Port Security Assessments

369 The Minister shall conduct a port security assessment that addresses the following elements in respect of the port, as applicable:

• (a) the physical security;

• (b) the structural integrity;

• (c) personnel protection systems;

• (d) operational procedures that might impact on security;

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

• (f) the relevant transportation support infrastructure;

• (g) utilities;

• (h) response organizations; and

• (i) other elements that might, if damaged or used illicitly, pose a risk to persons, property or operations at the port.

On-site Survey and Vulnerability Assessments

370 The on-site survey shall examine and evaluate current protective procedures and operations to verify or collect port security assessment information.

• 371 (1) A port security assessment shall include a vulnerability assessment undertaken in consultation with the operators of marine facilities in the port and representatives of labour to determine the following so as to produce an overall assessment of the level of risk against which security procedures have to be developed:

  • (a) any particular aspect of the port, including vessel traffic in the vicinity, that could make it a target of an attack;

  • (b) the possible consequences of an attack against the port in terms of loss of life, damage to property and economic disruption, including disruption to marine transport systems;

  • (c) the capability and intent of persons likely to mount an attack; and

  • (d) the possible types of attack.

• (2) The vulnerability assessment shall include a consideration of the following:

  • (a) current security procedures, including identification systems;

  • (b) methods and points of access to the port;

  • (c) the procedures to protect radio and telecommunications equipment, including computer systems and networks;

  • (d) any conflicting policies between safety and security procedures;

  • (e) any enforcement or personnel constraints;

  • (f) methods for monitoring restricted areas and other areas that have restricted access to ensure that only authorized persons have access;

  • (g) areas adjacent to the port that might be exploited during or for an attack;

  • (h) current security procedures relating to utilities and other services;

  • (i) any deficiencies identified during training or drills;

  • (j) any deficiencies identified during daily operations or following incidents or alerts, reports of security concerns, the application of control measures or audits; and

  • (k) the structural integrity of the port.

Port Security Plan

General

372 A port security plan

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

• (b) shall be in English or French;

• (c) shall be protected from unauthorized access or disclosure;

• (d) shall, if stored in electronic format, have procedures to prevent its unauthorized deletion, destruction or amendment; and

• (e) shall be submitted to the Minister for approval.

Submission and Approval

• 372.1 (1) If the Minister is satisfied that a security plan meets the requirements of this Part, the Minister shall approve the security 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) The plan is valid for the period fixed by the Minister, which shall not exceed 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 port’s operations and the industry in which it operates;

  • (b) the port administration’s security record; and

  • (c) the complexity of the port security plan and the details of its procedures.

• (3) The Minister shall issue, in English or French, an interim statement of compliance in respect of a port if the port 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 port.

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

Required Documentation

372.2 No person shall operate a port without a valid interim statement of compliance issued under subsection 372.1(3) or a valid statement of compliance issued under subsection 372.1(5).

Content

373 The port security plan shall address each vulnerability identified in the port security assessment and include

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

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

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

• (c.1) in the case of a port set out in Part 2 or 3 of Schedule 1, the identification of those areas containing the central controls for security and surveillance equipment and systems and areas that contain the central lighting system controls as restricted area two;

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

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

  • (i) ensuring the security of information in the port security plan and keeping the records referred to in section 375,

  • (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) preventing unauthorized weapons, explosives, incendiaries or other dangerous substances or devices from entering the marine facilities in the port,

  • (vii) reporting security threats and security incidents to the appropriate law enforcement agencies and the Minister as soon as possible after they occur so that an investigation can be conducted,

  • (viii) reporting security breaches to the Minister,

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

  • (x) periodically reviewing, updating and auditing the port 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 port and surrounding area, and

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

• (g) the identification of positions for which a transportation security clearance is required; and

• (h) a description of the procedures to facilitate shore leave for vessel personnel or crew change.