GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Marine Transportation Security Regulations — 373
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. SOR/2006-269, s. 12; SOR/2014-162, ss. 45, 100, 101(E)
Marine Transportation Security Regulations — 374
374 (1) Port security exercises (a) shall fully test the port security plan and include the substantial and active participation of personnel who have security responsibilities in the port; (b) may include security personnel from vessels, other marine facilities, appropriate law enforcement agencies, the Minister and other competent authorities, depending on the scope and the nature of the exercises; and (c) shall test communication and notification procedures and elements of coordination, resource availability and response. (2) The port 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).
Marine Transportation Security Regulations — 375
375 (1) The port security officer shall, in respect of the port, keep records of (a) security training, including the date, the duration and description and the names of the participants; (b) security drills and exercises, including the date and description, the names of the participating marine facilities and any best practices or lessons learned that might improve the port security plan; (c) security threats, security breaches and security incidents, including the date, time, location and description, the response to them and the person to whom they were reported; (d) changes in the MARSEC level, including the date, the time that notification was received and the time of compliance with the security requirements of the new level; (e) maintenance, calibration and testing of equipment used in security, including the date and time of the activity and the equipment involved; (f) internal audits and reviews of security activities; (g) security assessment information; (h) the port security assessment and each periodic review of the port security assessment, including the date on which it was conducted and the findings of the review; (i) the port security plan and each periodic review of the port security plan, including the date on which it was conducted, the findings of the review and any amendments to the plan that are recommended; (j) each amendment to the port security plan, including the date of its approval and implementation; (k) a list of the persons in the port administration who have security responsibilities; (l) an up-to-date list containing the names of screening officers; and (m) an up-to-date list, by name and position, of the holders of transportation security clearances. (2) Records respecting equipment that is not used exclusively for security may be kept separately from the records respecting equipment that is used exclusively for security if (a) the port security officer documents, in written or electronic form, their existence and location and the name of the person responsible for their maintenance; and (b) they are accessible to the port security officer. (3) The port security officer shall ensure that the records are kept for at least two years after the day on which they are made and make them available to the Minister on request. (4) The records shall be protected from unauthorized access or disclosure. (5) The records may be kept in electronic format if they are protected from deletion, destruction and revision. (6) No person shall disclose security information contained in the records, unless the disclosure is for the purpose of complying with these Regulations. SOR/2006-269, s. 13; SOR/2014-162, ss. 100, 101(E)
Marine Transportation Security Regulations — 380
380 (1) No person shall enter or remain in a restricted area unless they are (a) the holder of a restricted area pass issued under section 384 for that restricted area; (b) a person who does not ordinarily work at the marine facility or port and who is being escorted by a holder of a restricted area pass; (c) an inspector designated under subsection 22(1) of the Act who is on duty; (d) a member of one of the following groups who is on duty at a marine facility or on a vessel at a marine facility: (i) any police force in Canada, (ii) the Canadian Security Intelligence Service, (iii) the Canadian Forces within the meaning of those words in Part II of the National Defence Act , or (iv) the Canada Border Services Agency; (e) a provider of emergency services who requires access to the area for the protection and preservation of life or property; or (f) a member of the complement of the vessel in the performance of their duties and in compliance with the vessel security plan and the marine facility security plan. (2) A commercial truck driver who is required to enter a restricted area two at a marine facility or port as part of their commercial activities may enter and remain in the area to carry out the activities if (a) the driver holds a valid FAST/EXPRES card issued under the Free and Secure Trade (FAST) program by the Canada Border Services Agency or the U.S. Customs and Border Protection; (b) the operator of the marine facility or port administration informs the driver of all applicable procedures and requirements, as identified and approved in the marine facility security plan, and ensures that the driver meets the procedures and requirements; and (c) the driver follows the procedures and requirements identified by the operator of the marine facility or port administration. (3) A passenger of a cruise ship may transit a restricted area two if the passenger uses a passageway that (a) is demarcated for use by passengers in accordance with the marine facility security plan; and (b) is supervised by a person who has a transportation security clearance. SOR/2006-269, s. 14; SOR/2014-162, ss. 46, 100
Marine Transportation Security Regulations — 381
381 (1) A person who is being escorted in a restricted area shall remain with the escort while in the restricted area. (2) An escort shall remain with the person being escorted or ensure that another holder of a restricted area pass acts as the escort while the person is in the restricted area. (3) In the case of a restricted area two, no person shall escort more than 10 persons or one vehicle at one time. SOR/2006-269, ss. 15, 23(F)
Marine Transportation Security Regulations — 382
382 No person shall provide access to or assist another person to enter a restricted area unless the person accessing the restricted area is authorized under section 380.
Marine Transportation Security Regulations — 383
383 The holder of a restricted area pass shall, when they enter or remain in a restricted area, display the pass on their outer clothing and above their waist with, except in the case of a temporary restricted area pass, their photograph or other facial image visible at all times. SOR/2006-269, s. 16
Marine Transportation Security Regulations — 384
384 (1) Subject to subsection (2), a port administration or an operator of a marine facility may issue a restricted area pass or a key only to a person who requires access to a specific restricted area in the performance of their duties and, in the case of a restricted area two, who ordinarily works at the port or marine facility or who requires access to the restricted area on an occasional basis. (2) A port administration or an operator of a marine facility may only issue a temporary restricted area pass to a person who (a) in the case of a restricted area other than a restricted area two, is waiting for a restricted area pass that has been requested; (b) is a holder of a restricted area pass and is in one of the following circumstances: (i) they have forgotten their restricted area pass, or (ii) they have lost their restricted area pass or it was accidentally destroyed and they are waiting for a replacement restricted area pass for which they have made a request; or (c) does not ordinarily work at the port or marine facility and who, in the performance of their duties, requires temporary access to a restricted area other than a restricted area two. (3) Prior to issuing a restricted area pass, the port administration or operator of a marine facility shall confirm the identity of the person in the following manner: (a) in the case of a restricted area pass to be issued to a person who holds a transportation security clearance, by valid photo-bearing identification issued by (i) the Government of Canada or the government of any province, territory or municipality in Canada, or (ii) an employer known to the port administration or operator of the marine facility; or (b) in the case of a restricted area pass to be issued to any other person, by (i) one of the means of identification referred to in paragraph (a), or (ii) other documentation containing sufficient information to enable identification of the person. (4) Prior to issuing a restricted area pass for a restricted area two, the port administration or operator of the marine facility shall verify with the Minister that the person has been issued a transportation security clearance as required by section 503. (5) The port administration or operator of the marine facility shall confirm the period during which access to the restricted area is required by way of documentation that sets out an expiry date or other relevant information. (6) The port administration or operator of the marine facility shall issue restricted area passes that comply with the requirements of sections 392 and 394, as applicable. SOR/2006-269, s. 16; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 385
385 (1) A holder of a restricted area pass or key that has been lost or stolen shall immediately report its loss or theft to the port administration or the operator of the marine facility. (2) The port administration or operator of the marine facility shall immediately cancel a restricted area pass and any associated key upon being notified of its loss or theft. SOR/2006-269, s. 16
Marine Transportation Security Regulations — 386
386 (1) A port administration or an operator of a marine facility shall keep a record of (a) the number of restricted area passes or keys issued and, for each pass, the name of the holder, the number of the pass or key, the date of issue, the period of validity, and, if applicable, the date of suspension or revocation; and (b) lost or stolen passes or keys. (2) The port administration or operator of a marine facility shall ensure that the records referred to in subsection (1) are: (a) kept for at least two years after the date they are made; and (b) available to the Minister on request. SOR/2006-269, s. 17(F); SOR/2006-270, s. 8
Marine Transportation Security Regulations — 387
387 A person shall not provide false information for the purpose of obtaining a restricted area pass or a key.
Marine Transportation Security Regulations — 388
388 A person shall not use a restricted area pass or a key except while in the performance of their duties.
Marine Transportation Security Regulations — 389
389 (1) The holder of a restricted area pass or a key shall return it to the marine facility operator or the person who issued it when (a) the holder ceases to work at a marine facility; or (b) the holder otherwise ceases to require the restricted area pass or the key. (2) When a restricted area pass or a key is returned to an employer, the employer shall immediately give it to the marine facility operator or the person who issued it. SOR/2006-269, s. 18
Marine Transportation Security Regulations — 390
390 A person shall surrender on demand a restricted area pass or a key in their possession to the marine facility operator, the person who issued it, a peace officer or the Minister.
Marine Transportation Security Regulations — 391
391 No person shall (a) loan or give a restricted area pass or a key that was issued to one person to another person; (b) alter or otherwise modify a restricted area pass or a key; (c) have or use a restricted area pass or a key that was issued to another person; (d) use a counterfeit restricted area pass or key; or (e) make or reproduce a copy of a restricted area pass or key.
Marine Transportation Security Regulations — 392
392 (1) Subject to subsection (2), a restricted area pass shall show the name, height and eye colour of the person to whom the pass has been issued, a clear photograph of the person’s head and shoulders or other facial image and an expiry date that is not later than five years after the date of issue or, in the case of a restricted area pass issued to a person who holds a transportation security clearance, that is not later than the expiry date of the transportation security clearance. (2) A temporary restricted area pass need not meet the requirements of subsection (1), but it shall bear a mark that clearly distinguishes it as a temporary pass. SOR/2006-269, s. 19; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 393
393 (1) A port administration may issue keys and restricted area passes, and keep an up-to-date list, by name and position, of the holders of transportation security clearances, on behalf of marine facility operators in the port. (2) If a port administration administers restricted areas passes on behalf of marine facility operators in the port, a marine facility operator shall cooperate with the port administration and shall provide it with the information required. SOR/2006-269, s. 20; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 394
394 Every restricted area pass issued to a holder of a transportation security clearance shall bear a mark that clearly distinguishes it from restricted area passes issued to persons who are not transportation security clearance holders. SOR/2006-269, s. 21; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 501
501 (1) This Part applies to the marine facilities set out in Part 1 of Schedule 1 and to the port administrations for the ports at which the marine facilities are located. (2) This Part also applies to every licensed ship’s pilot, as defined in section 2 of the Pilotage Act , having the conduct of a vessel that interfaces with a marine facility set out in Part 1 of Schedule 1 or of a vessel in the waters of a port set out in Part 2 or 3 of that Schedule. SOR/2006-269, s. 22
Marine Transportation Security Regulations — 502
502 The operator of a marine facility and the port administration shall ensure that the requirements of this Part are met. SOR/2006-269, s. 22
Marine Transportation Security Regulations — 503
503 Every person shall be a holder of a transportation security clearance if they (a) require access to a restricted area two and cannot enter the area under any of paragraphs 380(1)(b) to (f) or subsection 380(2) or (3); (b) are a licensed ship’s pilot referred to in subsection 501(2); (c) are a harbour master or wharfinger appointed under subsection 69(1) of the Canada Marine Act ; (d) have security responsibilities, including authorized screening and security guard functions, at the marine facilities and port administrations for the ports referred to in subsection 501(1); (e) take applications for transportation security clearances and the applicants’ fingerprints and facial images, which functions are performed on behalf of the Minister and for the purposes of this Part; (f) have access to a cruise ship that is interfacing with a restricted area two to provide services, supplies or equipment to the cruise ship or a member of the complement of the cruise ship; (g) could cause the failure of a preventive measure, delay the response to a security incident or adversely affect the recovery from a security incident as a result of being assigned or performing any of the following duties, responsibilities or functions: (i) access to security information at the marine facility or port, (ii) the supervision of marine facility operations, (iii) the creation, alteration, control or maintenance of cargo documentation or crew or passenger lists by a person who (A) is present at the marine facility or port, or (B) has advance access to the documentation or lists, or (iv) the planning or directing of the movement of cargo or containers at a container terminal, including their loading and unloading into and from vessels; or (h) are a seafarer who has submitted an application for a Seafarer’s Identification Document. SOR/2006-269, s. 22; SOR/2014-162, ss. 47, 100
Marine Transportation Security Regulations — 504
504 The holder of a transportation security clearance who has been issued a restricted area pass shall display the pass on their outer clothing and above their waist, with their photograph or other facial image visible at all times when they (a) perform the responsibilities, duties or functions for which a transportation security clearance is required; or (b) enter or remain in a restricted area two. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 505
505 The following persons may submit an application for a transportation security clearance: (a) any person who is required to obtain a transportation security clearance under these Regulations; (b) any person applying for a job for which a transportation security clearance would be required under these Regulations; and (c) any seafarer who wishes to voluntarily submit an application for a transportation security clearance. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 506
ithout the written consent of the individual to whom it relates, be disclosed by the Minister to the government of a foreign state except (a) where, in the opinion of the Minister, the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (b) for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 507
507 (1) Subject to subsection (2), every application for a transportation security clearance shall be submitted on the form supplied by the Minister to the port administration at the port where the applicant works or is a candidate for work or to which the applicant otherwise requires access. (2) If the port administration is not able to transmit the application in accordance with subsection (3), the application shall be submitted to an official of an office (a) managed by or for an airport authority and that is responsible for the control of the airport’s passes, where the airport authority is able to transmit the application in accordance with a document that evidences the understanding to that effect with the Minister; or (b) operated by the Department of Transport. (3) The port administration or official shall collect the applicant’s information on behalf of the Minister and shall transmit it to the Minister in accordance with the document that evidences the understanding to that effect with the Minister. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 508
508 On receipt of a fully completed application for a transportation security clearance, the Minister shall conduct the following checks and verifications for the purpose of assessing whether an applicant poses a risk to the security of marine transportation: (a) a criminal record check; (b) a check of the relevant files of law enforcement agencies, including intelligence gathered for law enforcement purposes; (c) a Canadian Security Intelligence Service indices check and, if necessary, a Canadian Security Intelligence Service security assessment; and (d) a check of the applicant’s immigration and citizenship status. SOR/2006-269, s. 22; SOR/2014-162, s. 100
Marine Transportation Security Regulations — 510
510 If a criminal charge is outstanding against the applicant that could, if the applicant were convicted, be considered by the Minister under paragraph 509(a), the Minister may decline to process the application until the charge has been disposed of by the courts, in which case the Minister shall advise the applicant in writing. SOR/2006-269, s. 22
Marine Transportation Security Regulations — 511
511 (1) If the Minister intends to refuse to grant a transportation security clearance, the Minister shall advise the applicant in writing to that effect. (2) The notice shall set out the basis for the Minister’s intention and fix a period of time for the applicant to make written representations to the Minister, which period of time shall start on the day on which the notice is served or sent and shall be not less than 20 days from that day. (3) The Minister shall not refuse to grant a transportation security clearance until the written representations have been received and considered or before the period of time fixed in the notice has expired, whichever comes first. The Minister shall advise the applicant in writing of any refusal. SOR/2006-269, s. 22; SOR/2014-162, s. 100