GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Transportation Security Regulations — 351
351 (1) An audit of a marine facility security plan shall take into account the most recent marine facility security assessment and determine whether there are any deficiencies or changes in security threats, procedures, responsibilities of personnel, operations or operator that require amendments to be made to the plan. (2) An audit is conducted (a) annually, effective on the day on which the plan is approved; and (b) whenever there is a new operator of the marine facility, a change in operations or location or modifications to the marine facility that could affect its security. (3) Persons conducting an audit shall have knowledge of the methods of conducting audits and inspections and of access control and monitoring techniques and, if possible, be independent of the activities being audited. (4) If the results of an audit require an amendment to be made to the marine facility security assessment or plan, the marine facility security officer shall submit an amendment to the Minister for approval within 30 days after completion of the audit. (5) The operator of a marine facility may submit to the Minister other amendments to the approved marine facility security plan. They shall be submitted at least 30 days before they are to take effect. (6) The operator of a marine facility shall, within 60 days after the day on which the Minister informs the operator in writing that the marine facility security plan no longer meets the requirements to remain approved, ensure that amendments are submitted to the Minister for approval. (7) If amendments are required under subsection (4) or (6) and they are not submitted or the amended plan is not approved, the plan ceases to be valid on the day on which the operator of the marine facility receives notification that the plan is no longer valid. (8) The marine facility security officer shall attach to the plan an approval document issued under subsection 352(1).
Marine Transportation Security Regulations — 352
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. SOR/2014-162, s. 37
Marine Transportation Security Regulations — 353
353 No person shall operate a marine facility, except an occasional-use marine facility, without a valid interim statement of compliance issued under subsection 352(3) or a valid statement of compliance issued under subsection 352(5). SOR/2014-162, s. 38
Marine Transportation Security Regulations — 355
355 The operator of an occasional-use marine facility shall (a) establish an administrative and organizational structure for security at the marine facility; (b) provide every person who has responsibilities under this Part with the support needed to fulfil their responsibilities; (c) designate in writing an occasional-use marine facility security officer by name or by a position other than the position for which the designation is being made; (d) ensure that the implementation of the marine facility security procedures is coordinated with vessels interfacing with the marine facility; (e) coordinate, with the master of a vessel and, if applicable, the port security officer, shore leave for vessel personnel or crew change, as well as access through the marine facility of visitors to vessels, including representatives of seafarers’ welfare and labour organizations; (f) provide information respecting the security of the facility to those persons who need it to comply with these Regulations; and (g) clearly mark with signs each restricted area at the marine facility. SOR/2014-162, s. 39
Marine Transportation Security Regulations — 356
356 (1) An occasional-use marine facility security officer may (a) act in that capacity for more than one occasional-use marine facility if they are able to fulfil the responsibilities for each occasional-use marine facility; (b) have other responsibilities within the operator’s organization if they are able to fulfil their responsibilities; and (c) delegate tasks required by section 358. (2) An occasional-use marine facility security officer remains responsible for the performance of the tasks they delegate. SOR/2006-269, s. 11
Marine Transportation Security Regulations — 357
357 An occasional-use marine facility security officer shall have, by training or job experience, knowledge and competence that is relevant to the industry in which the marine facility operates and is in the following areas: (a) the administrative and organizational structure for security at the occasional-use marine facility; (b) the operations and operating conditions of the occasional-use marine facility and vessels; (c) the security procedures of the occasional-use marine facility, vessels and port, including the meaning and the requirements of the different MARSEC levels; (d) emergency preparedness and response and contingency planning; (e) security equipment and systems and their operational limitations; (f) relevant international conventions, codes, standards and recommendations; (g) relevant legislation, regulations and security measures, rules and procedures; and (h) the responsibilities and functions of municipal, provincial and federal law enforcement agencies.
Marine Transportation Security Regulations — 358
358 An occasional-use marine facility security officer shall (a) ensure security awareness and vigilance at the occasional-use marine facility, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions there; (b) ensure that appropriate security training is provided to personnel at the occasional-use marine facility in accordance with this Part; (c) report 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; (d) coordinate the signing and implementation of the declaration of security between the occasional-use marine facility and interfacing vessel; (e) shall, in the case of an interface with a vessel to which Part 2 applies, ensure that (i) security sweeps are performed before and after the interface in order to confirm the absence of security threats, dangerous substances or devices, and (ii) implement any temporary security procedures that are required during the interface; and (f) keep records of security sweeps and declarations of security in respect of the occasional-use marine facility and send a copy of each declaration of security to the Minister.
Marine Transportation Security Regulations — 359
359 (1) Security procedures shall be established for an occasional-use marine facility. The security procedures shall include (a) a description of the organization of the occasional-use marine facility in terms of security, including the tasks of marine facility personnel with security responsibilities; (b) the name of the operator and the name and position of the occasional-use marine facility security officer, including information on how they may be contacted at any time; (c) a description of procedures for: (i) responding to changes in the MARSEC level, (ii) interfacing, at each MARSEC level, with vessels to which Part 2 applies, (iii) coordinating, with the master of a vessel and, if applicable, the port security officer, shore leave for vessel personnel or crew change, as well as access to the vessel by visitors passing through the occasional-use marine facility, (iv) reporting security incidents to the appropriate law enforcement agencies, the Minister and, if applicable, the port administration, (v) meeting the requirements respecting declarations of security, (vi) implementing any temporary security procedures that are required during an interface, (vii) keeping the records referred to in paragraph 358(f), (viii) as appropriate to the occasional-use marine facility’s operations, briefing marine facility personnel on potential threats to security and on the need for vigilance and for their assistance in reporting suspicious persons, objects or activities, at each MARSEC level, and (ix) as appropriate to the occasional-use marine facility’s operations, performing the security sweeps required by paragraph 358(e). (2) The security procedures established for an occasional-use marine facility shall also include procedures, as appropriate to the marine 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 occasional-use marine facility; (c) identify the locations at which restrictions or prohibitions to prevent unauthorized access are to be applied for each MARSEC level and specify that each location allowing access to the occasional-use marine facility is to be addressed; (d) identify the types of restrictions or prohibitions to be applied and the means of applying them; (e) establish the means of identification required to allow persons and vehicles to have access to or remain in the occasional-use marine facility without challenge; and (f) identify the locations at which the authorized screening of persons and goods, including vehicles, is to be conducted, and ensure that these locations are covered in order to enable continuous screening regardless of weather conditions. SOR/2014-162, s. 40
Marine Transportation Security Regulations — 360
360 (1) If the Minister is satisfied that the security procedures for an occasional-use marine facility meet the requirements of section 359, the Minister shall approve the security procedures and issue a letter of compliance certifying that they meet the requirements of this Part, unless approving the security procedures is not in the public interest and is likely to adversely affect marine transportation security. (2) Security procedures are valid for the period fixed by the Minister, which shall not exceed five years after the day on which they are 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; and (d) the complexity of the security procedures of the marine facility and the details of those procedures. SOR/2014-162, s. 40
Marine Transportation Security Regulations — 360.1
360.1 No person shall operate an occasional-use marine facility without a valid letter of compliance issued under subsection 360(1). SOR/2014-162, s. 40
Marine Transportation Security Regulations — 362
362 A port administration shall (a) establish, convene, and direct a port security committee; (b) designate in writing, by name, a port security officer who will chair the port security committee; (c) conduct an on-site survey and submit to the Minister the security assessment information respecting the port; (d) provide the Minister with the information that is necessary to conduct a vulnerability assessment; (e) submit a port security plan, and any amendment, to the Minister for approval; (f) ensure the coordination of marine transportation security in consultation with the port security committee; (g) ensure that the requirements of sections 363 to 375, 384 to 386 and 392, subsection 393(2) and section 394 are fulfilled; (h) operate the port in accordance with the port security plan; and (i) clearly mark with signs each restricted area at the port. SOR/2006-270, s. 7; SOR/2014-162, s. 42
Marine Transportation Security Regulations — 363
363 The port security officer shall develop a port security plan with the marine facility security officers at the port and in consultation with representatives of federal departments and agencies, provincial and municipal governments, appropriate law enforcement agencies, emergency response providers, employers and labour at the port.
Marine Transportation Security Regulations — 364
364 (1) The port security committee shall coordinate marine transportation security, which may include (a) the identification of critical infrastructure and operations; (b) the identification of risks, threats, vulnerabilities and consequences; (c) the determination of mitigation strategies and implementation methods; and (d) the establishment of a process to continually evaluate marine transportation security. (2) The port security committee shall meet at least once a year for the purpose of reviewing its responsibilities that result from the application of subsection (1) and determining on that basis whether any modifications are required to the port security plan. SOR/2014-162, s. 43
Marine Transportation Security Regulations — 365
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.
Marine Transportation Security Regulations — 366
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.
Marine Transportation Security Regulations — 367
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.
Marine Transportation Security Regulations — 368
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.
Marine Transportation Security Regulations — 369
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.
Marine Transportation Security Regulations — 370
370 The on-site survey shall examine and evaluate current protective procedures and operations to verify or collect port security assessment information.
Marine Transportation Security Regulations — 371
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.
Marine Transportation Security Regulations — 372
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. SOR/2014-162, s. 44
Marine Transportation Security Regulations — 372.1
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. SOR/2014-162, s. 44
Marine Transportation Security Regulations — 372.2
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). SOR/2014-162, s. 44