GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Transportation Security Regulations — 306
306 A marine facility security officer shall (a) conduct inspections of the marine facility at the rate specified in the marine facility security plan to ensure compliance with the requirements of this Part; (b) submit a marine facility security plan and any amendment to the Minister for approval; (c) implement and maintain the approved marine facility security plan, coordinating it when necessary with the security officer of interfacing vessels and the port security officer; (d) conduct audits of the marine facility security plan in accordance with this Part; (e) as soon as practicable after a deficiency in the marine facility security plan is identified, implement the corrective action that is required to correct the deficiency until the plan is amended; (f) submit to the Minister amendments to the marine facility security plan to correct any deficiencies; (g) implement the approved amendments in the marine facility security plan; (h) ensure security awareness and vigilance at the marine facility, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions at the marine facility; (i) ensure that appropriate security training or orientation is provided to personnel at the marine facility in accordance with this Part; (j) report security threats and security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration, as soon as possible after they occur so that an investigation can be conducted; (k) report security breaches to the Minister and, if applicable, the port administration, as soon as possible after they occur; (l) ensure that there is effective communication and cooperation between the marine facility and the vessels with which it interfaces; (m) ensure that security equipment is operated, tested, calibrated and maintained in compliance with the marine facility security plan; (n) record and report the implementation of security procedures, after a change in the MARSEC level, to the Minister, to the operator of any vessel with which it is interfacing or about to interface and to the operator of any marine facility or port administration affected by the change; (o) keep a copy of the marine facility security assessment and plan readily accessible; and (p) ensure that security drills and exercises are conducted. SOR/2014-162, s. 101(E)
Marine Transportation Security Regulations — 307
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 Transportation Security Regulations — 308
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.
Marine Transportation Security Regulations — 309
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.
Marine Transportation Security Regulations — 310
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. SOR/2014-162, ss. 30, 101(E)
Marine Transportation Security Regulations — 311
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. SOR/2014-162, s. 31
Marine Transportation Security Regulations — 313
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.
Marine Transportation Security Regulations — 314
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.
Marine Transportation Security Regulations — 315
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 Transportation Security Regulations — 316
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.
Marine Transportation Security Regulations — 317
317 (1) Security assessment information in respect of a marine facility (a) shall be in English or French; (b) shall be based on background information, the completion of an on-site survey and an analysis of that information and survey; (c) shall identify and evaluate (i) the physical aspects of the marine facility that are the most important to protect and the means for protecting the personnel, (ii) possible threats to the marine facility and the likelihood of their occurrence, in order to establish and prioritize security procedures and countermeasures, and (iii) the vulnerabilities, including human factors, in the security of the marine facility; and (d) may cover more than one marine facility. (2) Security assessment information shall consist of the following: (a) the general layout of the marine facility, including the location of (i) active and inactive access points to the marine facility, (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, ships’ stores, cargo and unaccompanied baggage, (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 marine facility; (c) a list of the emergency and stand-by equipment available to maintain essential services; (d) the number of marine facility personnel, the security tasks of persons with security responsibilities and the training requirements and procedures of the marine facility; (e) a list of existing security and safety equipment for the protection of marine facility personnel and visitors; (f) escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the marine facility; (g) the results of security audits; and (h) security procedures in effect, including inspection and control procedures, identification systems, surveillance and monitoring equipment, personnel identification documents and communication, alarm, lighting, access control and other appropriate systems.
Marine Transportation Security Regulations — 318
318 The Minister shall conduct the marine facility security assessment, which addresses the following elements in respect of the marine facility, as applicable: (a) the physical security; (b) the structural integrity; (c) personnel protection systems; (d) operational procedures that might impact on security; (e) its radio and telecommunications systems, including computer systems and networks; (f) relevant transportation support infrastructure; (g) utilities; and (h) other elements that might, if damaged or used illicitly, pose a risk to people, property or operations at the marine facility.
Marine Transportation Security Regulations — 319
319 A marine facility security assessment shall take into account potential threats and the following types of security incidents: (a) damage to, or destruction of, the marine facility or a vessel by explosive devices, arson, sabotage or vandalism; (b) tampering with essential equipment or systems, ships’ stores or cargo of the marine facility; (c) unauthorized access to the marine facility; (d) the smuggling onto the marine facility of weapons or equipment, including weapons of mass destruction; (e) use of the marine facility itself as a weapon or as a means to cause damage or destruction; (f) nuclear, biological, radiological, explosive or chemical attacks on the shoreside support system of the marine facility or on a vessel interfacing with the marine facility; (g) the seizure of the marine facility or the seizure or hijacking of an interfacing vessel or persons on board; and (h) use of the marine facility or its equipment by persons intending to cause a security incident.
Marine Transportation Security Regulations — 320
320 The operator of a marine facility shall ensure that an on-site survey of the marine facility is conducted. The survey shall examine and evaluate current protective procedures and operations to verify or collect security assessment information.
Marine Transportation Security Regulations — 321
321 (1) A marine facility security assessment shall include a vulnerability assessment undertaken in consultation with the operator of the marine facility to determine the following so as to produce an overall assessment of the level of risk for which security procedures have to be developed: (a) any particular aspect of the marine facility, including vessel traffic in the vicinity, that might make it a target of an attack; (b) the potential consequences of an attack on or at the marine facility in terms of loss of life, damage to property and economic disruption, including the disruption of marine transport systems; (c) the capability and intent of those likely to mount an attack; and (d) the potential 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 marine facility; (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 of monitoring restricted areas and other areas that have restricted access to ensure that only authorized persons have access; (g) areas adjacent to the marine facility 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 marine facility.
Marine Transportation Security Regulations — 322
322 A marine facility security plan (a) shall be based on the findings of the marine facility security assessment; (b) shall be in English or French; (c) shall be submitted to the Minister for approval; (d) is valid for a period determined by the Minister, which shall not exceed five years after the date of the Minister’s approval; and (e) may cover more than one marine facility if they share similarities in physical characteristics, location and operations.
Marine Transportation Security Regulations — 323
323 A marine facility security plan shall address each vulnerability identified in the marine facility security assessment and include (a) the organization of the marine facility in terms of security, including the tasks of personnel who have security responsibilities; (b) the name of the operator and the name and position of the marine facility security officer, including information on how they may be contacted at any time; (c) the identification of restricted areas and any security procedures, equipment and systems for those areas; (d) a description of the procedures for and the frequency of drills and exercises; (e) a description of procedures for the following: (i) ensuring the security of information in the marine facility security plan and keeping the records referred to in section 312, (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) interfacing with vessels at each MARSEC level, (vii) declarations of security, (viii) preventing unauthorized weapons, explosives, incendiaries or other dangerous substances or devices from entering the marine facility, (ix) reporting security threats, security breaches and security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration, (x) securing non-critical operations in order to focus response on critical operations, and (xi) periodically reviewing, updating and auditing the marine facility 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 marine facility and surrounding area, and (iv) procedures for security threats, security breaches and security incidents, including procedures for the evacuation of the marine facility; (g) the rate at which inspections of the marine facility are conducted; and (h) the identification of positions for which a transportation security clearance is required. SOR/2006-269, s. 9; SOR/2014-162, ss. 100, 101(E)
Marine Transportation Security Regulations — 324
324 (1) The marine facility security plan shall contain security procedures for ensuring that, when the operator of the marine facility is notified of an increase in the MARSEC level, (a) the marine facility complies with the required additional security procedures within 12 hours after the notification; (b) a report indicating compliance or noncompliance with the MARSEC level is made to the Minister; and (c) the vessels interfacing with the marine facility and the vessels scheduled to arrive at the marine facility within 96 hours after the MARSEC level is increased are notified of the new MARSEC level and the declaration of security is revised accordingly. (2) The marine facility security plan shall contain security procedures to ensure that, when notified of an increase in the MARSEC level, the marine facility security officer informs all marine facility personnel of identified security threats, emphasizes reporting procedures and stresses the need for increased vigilance. (3) For MARSEC levels 2 and 3, the marine facility security plan shall contain procedures for ensuring that the operator of the marine facility evaluates the need for additional security procedures. SOR/2014-162, s. 32
Marine Transportation Security Regulations — 325
325 (1) A marine facility security plan shall contain security procedures, as appropriate to the facility’s operations, to control access to the marine facility at each MARSEC level and to (a) deter the unauthorized entry of weapons, explosives and incendiaries, including any device that could be used to damage or destroy marine facilities or vessels or harm individuals; (b) secure any weapons, explosives, incendiaries or other dangerous substances and devices that are authorized by the operator to be at the marine facility; (c) identify the locations at which restrictions or prohibitions preventing unauthorized access are to be applied for each MARSEC level and that each location allowing access to the marine facility is addressed; (d) identify the types of restrictions or prohibitions to be applied and the means of enforcing them; (e) establish the means of identification required to allow persons and vehicles to have access to or to remain in the marine facility without challenge; (f) identify the locations at which the authorized screening of persons and goods, including vehicles, is to be conducted, and to ensure that these locations are covered to enable continuous screenings regardless of weather conditions; and (g) facilitate shore leave for vessel personnel or crew change. (2) The plan shall contain security procedures for verification of the identity of marine facility personnel and other persons seeking access to the marine facility that (a) allow identification of authorized persons at each MARSEC level; (b) are coordinated, to the extent practicable, with the identification systems of vessels that interface with the marine facility; (c) are updated regularly; and (d) allow temporary or continuing access to the marine facility by marine facility personnel, vessel personnel and other authorized persons, through the use of a badge or other means of verifying their identity. (3) The plan shall set out the frequency of application of access controls, particularly if they are to be applied on a random or occasional basis. SOR/2014-162, s. 33