GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Transportation Security Regulations — 206
206 (1) Nothing in this Part permits any person to constrain the master of a vessel from making or executing any decision that, in the professional judgment of the master, is necessary to maintain the safety and security of the vessel, including decisions (a) to deny access to persons, other than operators and persons identified as authorized by a contracting government, or their goods; (b) to refuse to load cargo, including containers or other closed cargo transport units; or (c) to coordinate, with marine facility operators or port security officers, shore leave for vessel personnel or crew change, as well as access through marine facilities of visitors to the vessel, including representatives of seafarers’ welfare and labour organizations. (2) If a conflict between any safety and security requirements applicable to the vessel arises during its operations, the master shall give precedence to requirements intended to maintain the safety of the vessel and, in such a case, shall use any temporary procedures that the master determines appropriate under the circumstances and, to the highest possible degree, satisfy the security requirements of the prevailing MARSEC level. (3) If the master uses temporary procedures, the master shall, as soon as practicable, inform (a) if the vessel is in Canadian waters, a Marine Communications and Traffic Services Centre of the Canadian Coast Guard; (b) if the vessel is a Canadian ship in the waters of a contracting government, the relevant maritime authority of that government and a Marine Communications and Traffic Services Centre of the Canadian Coast Guard; and (c) if the vessel is a Canadian ship in other waters, a Marine Communications and Traffic Services Centre of the Canadian Coast Guard. (4) The master shall provide the vessel security officer with the support necessary to carry out their duties on board the vessel. (5) The master shall ensure that the vessel security officer and vessel personnel with or without security responsibilities carry on board (a) in the case of a SOLAS ship entitled to fly the Canadian flag, their certificates of proficiency issued under Part 8; or (b) in the case of a SOLAS ship entitled to fly the flag of a foreign state, their certificates of proficiency issued by the contracting government of that state. SOR/2014-162, s. 13
Marine Transportation Security Regulations — 207
207 (1) A company security officer may (a) act in that capacity for more than one vessel if they are able to fulfil their responsibilities for each vessel; (b) have other responsibilities within the vessel operator’s organization if they are able to fulfil the responsibilities of company security officer; and (c) delegate tasks required by this Part. (2) A company security officer remains responsible for the performance of the tasks they delegate.
Marine Transportation Security Regulations — 208
208 A company security officer shall have, by training or job experience, knowledge and competence that is relevant to the industry in which the vessel operates and is in the following areas: (a) the administrative and organizational structure for the security of the vessel; (b) the operations and operating conditions of vessels, ports and marine facilities; (c) the security procedures of vessels, ports, port administrations and marine facilities, including the meanings 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) methods of conducting audits and inspections; (g) access control and monitoring techniques; (h) methods of conducting on site surveys and vessel security assessments; (i) methods of conducting physical searches and non-intrusive inspections; (j) conducting and assessing security drills and exercises, including exercises with marine facilities; (k) techniques for security training and education; (l) relevant international conventions, codes, standards and recommendations; (m) relevant legislation, regulations and security measures, rules and procedures; (n) the responsibilities and functions of municipal, provincial and federal law enforcement agencies; (o) methods for handling security-sensitive information and security-related communications; (p) current security threats and patterns; (q) the recognition and detection of weapons, explosives and incendiaries and other dangerous substances and devices; (r) the recognition of the characteristics and behavioural patterns of persons who are likely to threaten security; and (s) techniques that might be used to violate security procedures or to circumvent security procedures, equipment or systems.
Marine Transportation Security Regulations — 209
209 A company security officer shall (a) provide the vessel security officer with information regarding security threats and other information relevant to the vessel’s security; (b) ensure that the vessel security assessment and any amendments are submitted to the Minister for approval; (c) ensure that the vessel security plan and any amendments are submitted to the Minister for approval; (d) ensure that the vessel security plan, as amended from time to time, is implemented; (e) ensure that security drills and exercises are conducted; (f) ensure that the vessel’s security activities are audited; (g) as soon as practicable after a deficiency in the vessel security plan is identified, amend the plan to correct the deficiency; (h) ensure that corrective action is implemented as soon as practicable to correct any deficiency referred to in paragraph (g) until the vessel security plan is amended; (i) ensure security awareness and vigilance on board the vessel; (j) ensure that vessel personnel receive security training as required by this Part; (k) ensure that the security orientation referred to in section 214 is provided; (l) ensure that there is effective communication and cooperation between the vessel and marine facilities or other vessels with which the vessel interfaces; (m) ensure that there is consistency between the security requirements and the safety requirements; (n) if a vessel security plan is prepared for more than one vessel, ensure that the plan takes into account the characteristics specific to each vessel; and (o) in the case of a SOLAS ship, ensure that the safe manning document is applied in the development of security procedures.
Marine Transportation Security Regulations — 210
210 (1) A vessel security officer (a) shall be the master or a member of the crew; (b) may also act as the vessel security officer for a vessel without a crew if (i) they are able to fulfil their responsibilities for each vessel, and (ii) each vessel’s security plan lists the other vessels for which they are responsible; (c) may have other responsibilities within the vessel operator’s organization if they are able to fulfil the responsibilities of vessel security officer; (d) may delegate tasks required by this Part; and (e) in the case of a towing vessel, shall coordinate its security procedures with those of any vessels that it is towing or pushing. (2) A vessel security officer remains responsible for the performance of the tasks they delegate. SOR/2007-275, s. 4
Marine Transportation Security Regulations — 211
211 (1) A vessel security officer shall have knowledge of (a) the layout of the vessel; and (b) the vessel security plan and its requirements. (2) A non-SOLAS ship’s vessel security officer shall have, by training or job experience, knowledge and competence that are relevant to the industry in which the vessel operates and are in the following areas: (a) those set out for a company security officer in paragraphs 208(a) to (m) and (o) to (s); (b) crowd management and control techniques; and (c) the operation, testing, calibration and maintenance of security equipment and systems. (3) Subject to subsection (6), a SOLAS ship’s vessel security officer shall hold (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a ship security officer issued under Part 8; and (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a ship security officer issued by the contracting government of that state. (4) and (5) [Repealed, SOR/2014-162, s. 14] (6) In circumstances of exceptional necessity, when a person who holds a certificate of proficiency as a ship security officer is temporarily unavailable to serve as vessel security officer on a SOLAS ship, the Administration may permit a member of the vessel’s personnel who has responsibilities respecting the security of the vessel and an understanding of the vessel security plan to serve as vessel security officer on the vessel until it arrives at the next port of call or for a period not exceeding 30 days. That member shall serve as the vessel security officer as permitted by the Administration, and the vessel’s master shall, as soon as possible, inform the relevant maritime authorities of the next ports of call of the arrangements in place. (7) [Repealed, SOR/2014-162, s. 14] SOR/2007-275, s. 5; SOR/2014-162, s. 14
Marine Transportation Security Regulations — 212
212 A vessel security officer shall (a) while the vessel is in operation, conduct inspections of the vessel at the frequency specified in the vessel security plan to ensure compliance with the requirements of this Part; (b) implement the vessel security plan, as amended from time to time; (c) conduct audits of the vessel security plan as required by this Part; (d) coordinate the implementation of the vessel security plan with the company security officer and, if applicable, with the port security officer and the marine facility security officer; (e) as soon as practicable after a deficiency in the vessel security plan is identified, report it to the company security officer and implement the action necessary that is required to correct the deficiency until the plan is amended; (f) propose amendments to the vessel security plan to the company security officer to correct any deficiencies; (g) ensure security awareness and vigilance on board the vessel, including awareness of changes in the MARSEC level and other circumstances that might affect work conditions on board; (h) ensure that appropriate security training or orientation is provided to the vessel’s personnel in accordance with this Part; (h.1) ensure that all persons employed or engaged on board a vessel, including contractors, receive security orientation that is appropriate to their duties and the time they have spent on board the vessel, in order to be able to (i) report a security incident, (ii) know the procedures to follow when there is a security threat, and (iii) take part in security-related emergency and contingency procedures; (h.2) ensure that all vessel personnel with security responsibilities receive, before carrying out any of those responsibilities, security orientation that is appropriate to their duties; (i) report security threats and security incidents to the master, the company security officer, 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; (j) report security breaches to the Minister and, if applicable, the port administration, as soon as possible after they occur; (k) ensure that security equipment is operated, tested, calibrated and maintained in compliance with the vessel security plan; and (l) conduct security drills and exercises. SOR/2014-162, s. 15
Marine Transportation Security Regulations — 213
213 (1) A member of the vessel personnel with security responsibilities on a SOLAS ship shall hold (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a member of the vessel personnel with security responsibilities issued under Part 8; or (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a member of the ship personnel with security responsibilities issued by the contracting government of that state. (2) In circumstances of exceptional necessity, if a member of the vessel personnel with security responsibilities is temporarily unavailable to fulfil his or her security responsibilities on a SOLAS ship, the Administration may permit a member of the vessel personnel without security responsibilities but with a knowledge of the vessel security plan to fulfil those responsibilities until the ship arrives at the next port of call or for a period not exceeding 30 days. (3) A member of the vessel personnel with security responsibilities on a non-SOLAS ship shall have, by training or job experience, knowledge and competence that are relevant to the industry in which the ship operates in any of the following areas that relate to the member’s responsibilities: (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 could possibly 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 vessel security plan; and (l) the meanings and the requirements of the different MARSEC levels. SOR/2014-162, s. 16
Marine Transportation Security Regulations — 214
214 (1) A member of the vessel personnel without security responsibilities on a SOLAS ship shall hold (a) in the case of a SOLAS ship that is entitled to fly the Canadian flag, a certificate of proficiency as a member of the vessel personnel without security responsibilities issued under Part 8; or (b) in the case of a SOLAS ship that is entitled to fly the flag of a foreign state, a certificate of proficiency as a member of the ship personnel without security responsibilities issued by the contracting government of that state. (2) A member of the vessel personnel without security responsibilities on a non-SOLAS ship, and a contractor engaged on the ship, shall receive security orientation that is appropriate to their duties and the amount of time that they have spent on board the ship. The security orientation shall address the following: (a) the meanings of the different MARSEC levels, the procedures at each level and the emergency procedures and contingency plans; (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; and (d) techniques that could possibly be used to violate security procedures or to circumvent security procedures, equipment or systems. SOR/2014-162, s. 17
Marine Transportation Security Regulations — 215
215 Security drills and exercises shall test the proficiency of vessel personnel in carrying out their assigned security responsibilities at all MARSEC levels and the effective implementation of the vessel security plan and shall enable the vessel security officer to identify any related security deficiencies that need to be rectified.
Marine Transportation Security Regulations — 216
216 (1) A security drill may be conducted with other drills, if appropriate, but shall be conducted at least once every three months, except in the case of a vessel that is entitled to fly the Canadian flag and that is not engaged on an international voyage or is not in service at the time that a drill is to be conducted, in which case the drill shall be conducted within one week after the beginning of an international voyage or the return to service. (2) Security drills shall test individual elements of the vessel security plan, including responses to security threats, security breaches and security incidents, and shall take into account, in respect of the vessel, the types of operations, personnel changes and other relevant circumstances. (3) [Repealed, SOR/2014-162, s. 18] (4) If, at any given time, more than 25 per cent of the vessel’s permanent crew have not participated in a security drill on board the vessel within the previous three months, a security drill shall be conducted within one week. (5) A documented response to a security incident that was recorded under paragraph 218(1)(c) is considered equivalent to a security drill. SOR/2014-162, ss. 18, 101(E)
Marine Transportation Security Regulations — 217
217 (1) Security exercises (a) shall test the requirements of the vessel security plan that are relevant to the objectives of each exercise and shall involve the active participation of personnel on board the vessel as appropriate to the exercise; (b) may include the participation of governmental authorities or personnel from marine facilities, port administrations or other vessels who have security responsibilities, depending on the scope and the nature of the exercises; (c) may be performed with respect to only the vessel or as part of a cooperative program to test the vessel security plan of another vessel or a marine facility or port security plan; 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) Security exercises may be (a) full-scale; (b) a tabletop simulation or seminar; (c) combined with other appropriate exercises; or (d) a combination of two or more of the elements set out in paragraphs (a) to (c). (4) The implementation of security procedures at MARSEC level 2 or MARSEC level 3 is considered equivalent to a security exercise. SOR/2014-162, s. 19
Marine Transportation Security Regulations — 219
219 (1) The operator of a vessel shall, before the vessel interfaces with a marine facility, ensure that all procedures that are established in the vessel security plan for compliance with the MARSEC level in effect for that marine facility are implemented. (2) When notified of an increase in the MARSEC level, the master of a vessel shall (a) if the MARSEC level in effect at a marine facility with which the vessel is about to interface is raised to a level higher than the level in effect on the vessel, ensure that the vessel complies, without undue delay before interfacing with the facility, with all the procedures established in the vessel security plan for compliance with that higher MARSEC level; (b) if the vessel is in Canadian waters, notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard if all the procedures established in the vessel security plan for compliance with that higher MARSEC level have not been implemented; (c) if the vessel is a Canadian ship in the waters of a contracting government, notify the relevant maritime authority of that government; (d) if the vessel is a Canadian ship in other waters, notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard; and (e) brief all vessel personnel on identified security threats, emphasize reporting procedures and stress the need for increased vigilance. (3) If there has been a change in the MARSEC level from that reported in the pre-arrival information required by section 221, the master shall immediately notify a Marine Communications and Traffic Services Centre of the Canadian Coast Guard. SOR/2014-162, s. 21
Marine Transportation Security Regulations — 220
220 (1) The vessel security officer shall have the means to notify all vessel personnel of changes in security conditions on board the vessel. (2) The vessel shall have communication systems and procedures that allow for effective communications (a) between personnel with security responsibilities with respect to the vessel and marine facilities, ports and other vessels interfacing with the vessel; 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 — 221
name of the master, (ii) an email address, if applicable, and (iii) a satellite or cellular telephone number, if applicable. (3) If there is any change in the pre-arrival information reported under subsection (1), the master of a vessel shall ensure (a) that the change is reported to the Minister in accordance with the instructions set out in the most recent edition of the Canadian Coast Guard publication entitled Radio Aids to Marine Navigation ; (b) that the vessel does not enter Canadian waters unless the change has been reported to the Minister; and (c) in the case of a change that has occurred after the vessel has entered Canadian waters, that the change is reported to the Minister before the vessel’s first interface with a marine facility in Canada. (4) This section does not apply to vessels operating solely on the Great Lakes or to the portions of a vessel’s voyage on the Great Lakes after pre-arrival information has been given prior to its entrance into the St. Lawrence Seaway. SOR/2006-269, s. 4(F); SOR/2006-270, s. 3; SOR/2014-162, s. 22
Marine Transportation Security Regulations — 222
222 (1) For the purposes of this section, a vessel is constructed on the earliest of (a) the day on which its keel is laid, (b) the day on which construction identifiable with a specific vessel begins, and (c) the day on which the assembly of the vessel reaches the lesser of 50 tonnes and 1 per cent of the estimated mass of all structural material of the vessel. (2) The operator of a vessel shall ensure that the vessel is equipped with a vessel security alert system (a) not later than the day of the first survey of its radio installation after July 1, 2004 if the vessel was constructed before July 1, 2004 and is (i) a passenger vessel, including a passenger high-speed craft, or (ii) an oil tanker, a chemical tanker, a gas carrier, a bulk carrier or a cargo high-speed craft that is 500 tons gross tonnage or more; (b) not later than the day of the first survey of its radio installation after July 1, 2006 if the vessel was constructed before July 1, 2004 and is (i) a cargo vessel, other than one referred to in subparagraph (a)(ii), that is 500 tons gross tonnage or more, or (ii) a mobile offshore drilling unit; or (c) before it is operated if the vessel was constructed on or after July 1, 2004. (3) A vessel’s radio installation may be used as the vessel security alert system if it meets the requirements of Chapter IV of SOLAS and those of sections 223 to 225.
Marine Transportation Security Regulations — 223
223 (1) The vessel security alert system shall (a) be capable of being activated from the navigation bridge and at least one other location; (b) comply with (i) International Maritime Organization Resolution MSC.136(76), annex 7, Performance Standards for a Ship Security Alert System , as amended from time to time, if the system was installed before July 1, 2004, (ii) International Maritime Organization Resolution MSC.147(77), annex 5, Performance Standards for a Ship Security Alert System , as amended from time to time, if the system is installed on or after July 1, 2004; or (iii) another performance standard that provides the same level of security as in subparagraph (i) or (ii); and (c) be equipped with activation points designed to prevent its inadvertent initiation. (2) For the purpose of interpreting the annexes referred to in paragraph (1)(b), “should” shall be read to mean “shall”.