Passenger Rail Transportation Security Regulations — 9
Operations-based security exercise 9 (1) A passenger company, other than a small passenger company, must carry out, at least once every five years after the day on which section 7 comes into force or, in the case of a passenger company created after the day on which section 7 comes into force, within five years after the day of its creation, an operations-based security exercise that is designed to address acts or attempted acts of unlawful interference with passenger rail transportation and that tests (a) the effectiveness of the security plan and its implementation with respect to (i) the elements of the risk management strategy that are relevant to the scenario selected for the exercise, (ii) the additional safeguards set out in the security plan that are relevant to the scenario selected for the exercise, and (iii) the process for responding to threats and other security concerns; and (b) the proficiency of persons in performing security duties that are relevant to the scenario selected for the exercise. Deemed — security exercises (2) The implementation of safeguards in response to a heightened risk condition may be considered an operations-based security exercise if it tests (a) the effectiveness of the security plan and its implementation with respect to (i) the elements of the risk management strategy that are relevant to the heightened risk condition, (ii) the additional security safeguards set out in the security plan that are relevant to the heightened risk condition, and (iii) the process for responding to the heightened risk condition; and (b) the proficiency of persons in performing security duties that are relevant to responding to the heightened risk condition. Notice (3) A passenger company, other than a small passenger company, must give the Minister 45 days’ notice of any operations-based security exercise that it plans to carry out. Discussion-based security exercise (4) A passenger company, other than a small passenger company, must carry out a discussion-based security exercise at least once every year after the day on which section 7 comes into force or, in the case of a passenger company created after the day on which section 7 comes into force, from the day of its creation, in order to address acts or attempted acts of unlawful interference with passenger rail transportation and that tests the effectiveness of the security plan with respect to (a) the elements of the risk management strategy that are relevant to the scenario selected for the exercise; (b) the additional safeguards set out in the security plan that are relevant to the scenario selected for the exercise; and (c) the process for responding to security threats or other security concerns. Notice (5) A passenger company, other than a small passenger company, must give the Minister 45 days’ notice of any discussion-based security exercise that it plans to carry out. Deemed (6) An operations-based security exercise carried out under subsection (1) or referred to in subsection (2) is considered to be a discussion-based security exercise. Participants (7) A passenger company, other than a small passenger company, must ensure, to the extent possible, that persons with security duties that are relevant to the scenario selected for the exercise participate in the exercise referred to in subsection (1) or (4). In addition, the company must invite host companies and law enforcement and emergency response agencies to participate in the exercise, if their participation is relevant to the scenario. Records (8) A passenger company, other than a small passenger company, must create a record of each exercise carried out under subsections (1), (2) and (4) within 30 days after the date of the exercise and must ensure that the record contains the following information: (a) the date of the exercise; (b) the names of participants; (c) a list of the companies and agencies that were invited; (d) a description of the exercise scenario or, in the case of the exerci