Vol. 140, No. 23 — November 15, 2006

Registration
SOR/2006-270 November 2, 2006

MARINE TRANSPORTATION SECURITY ACT

Regulations Amending the Marine Transportation Security Regulations

P.C. 2006-1270 November 2, 2006

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 5(1) (see footnote a) and sections 6 (see footnote b) and 51 (see footnote c) of the Marine Transportation Security Act (see footnote d), hereby makes the annexed Regulations Amending the Marine Transportation Security Regulations.

REGULATIONS AMENDING THE MARINE TRANSPORTATION SECURITY REGULATIONS

AMENDMENTS

1. The reference "[13 to 199 reserved]" after section 12 of the Marine Transportation Security Regulations (see footnote 1) is replaced by the following:

13. For the purposes of subsection 47(1) of the Act, the prescribed grounds are those that exist when a decision is made in consideration of the possibility of an immediate risk to the security of marine transportation.

[14 to 199 reserved]

2. (1) Subsection 218(2) of the Regulations is replaced by the following:

(2) If records respecting equipment that is not used exclusively for security are kept separately from records respecting equipment that is used exclusively for security, the vessel security officer shall

(a) document, in written or electronic form, their existence, location and the name or position of the person responsible for keeping them; and

(b) ensure that the records are accessible.

(2) Subsections 218(4) and (5) of the Regulations are replaced by the following:

(4) The vessel security officer shall ensure that the records are protected from unauthorized access or disclosure.

(5) The vessel security officer shall ensure that any records kept in electronic format are protected from deletion, destruction and revision.

3. The portion of subsection 221(2) of the Regulations before paragraph (a) is replaced by the following:

(2) The master of a vessel shall ensure that the following pre-arrival information in respect of the vessel is reported under subsection (1):

4. The portion of section 264 of the Regulations before paragraph (a) is replaced by the following:

264. At all MARSEC levels, the cruise ship operator shall establish the following security procedures to control access to the cruise ship:

5. The heading before section 312 of the Regulations is replaced by the following:

Record Keeping

6. (1) Subsection 312(2) of the Regulations is replaced by the following:

(2) If records respecting equipment that is not used exclusively for security are kept separately from records respecting equipment that is used exclusively for security, the marine facility security officer shall

(a) document, in written or electronic form, their existence, location and the name or position of the person responsible for keeping them; and

(b) ensure that the records are accessible.

(2) Subsections 312(4) and (5) of the Regulations are replaced by the following:

(4) The marine facility security officer shall ensure that the records are protected from unauthorized access or disclosure.

(5) The marine facility security officer shall ensure that any records kept in electronic format are protected from deletion, destruction and revision.

7. Paragraph 362(g) of the Regulations is replaced by the following:

(g) ensure that the requirements of sections 363 to 375, 384 to 386 and 392, subsection 393(2) and section 394 are fulfilled; and

8. Subsection 386(2) of the Regulations is replaced by the following:

(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.

9. The Regulations are amended by adding the following after the reference "[520 to 599 reserved]":

PART 6

CONTRAVENTION OF PROVISIONS DESIGNATED AS VIOLATIONS

[600 reserved]

Violations

601. (1) The contravention of a provision of the Act set out in column 1 of an item of Schedule 2 is designated a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50 of the Act.

(2) For each violation designated under subsection (1)

(a) the penalty or range of penalties for

(b) if an "X" appears in column 4, the violation constitutes a separate violation for each day on which it is continued.

602. (1) The contravention of a provision of these Regulations set out in column 1 of an item of Schedule 3 is designated a violation that may be proceeded with in accordance with sections 33 to 46, 49 and 50 of the Act.

(2) For each violation designated under subsection (1),

(a) the penalty or range of penalties for

(b) if an "X" appears in column 4, the violation constitutes a separate violation for each day on which it is continued.

PART 7

NOTICE AND SERVICE OF DOCUMENTS

[700 reserved]

Service of Documents

701. (1) This section applies to the following documents:

(a) a notice of violation referred to in paragraph 33(1)(b) of the Act;

(b) a notice of compliance referred to in section 35 of the Act; and

(c) a notice of default referred to in subsection 36(1) of the Act.

(2) A document may be served on an individual by

(a) giving a copy to the individual;

(b) giving a copy to someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or

(c) sending a copy by registered mail or courier to the last known address or usual place of residence of the individual or by facsimile transmission to the last facsimile number provided.

(3) A document may be served on a person other than an individual by

(a) giving a copy to one of the person's officers or agents at the person's head office or place of business; or

(b) sending a copy by registered mail or courier to the head office or place of business of the person or their agent or by facsimile transmission to the last facsimile number provided.

(4) A document that is served by facsimile transmission shall include a cover page setting out

(a) the name and address and telephone and facsimile numbers of the sender;

(b) the date and time of transmission;

(c) the total number of pages transmitted, including the cover page; and

(d) the name and telephone number of a person to contact in the event of transmission problems, if they differ from those provided for the sender.

(5) A document that is served by

(a) registered mail is deemed to have been served on the fourth day after the day on which it was sent; and

(b) facsimile transmission is deemed to have been served on the day after the day on which it was sent.

(6) Proof of service of a document may be made by showing

(a) in the case of a document transmitted by facsimile, a proof of transmission produced by the facsimile machine that sets out the date and time of transmission; or

(b) in any other case, an acknowledgement of service signed by or on behalf of the person served, specifying the date and place of service.

10. The Regulations are amended by adding the following after Schedule 1:

SCHEDULE 2
(Section 601)

PROVISIONS OF THE MARINE TRANSPORTATION SECURITY ACT WHOSE CONTRAVENTION IS DESIGNATED A VIOLATION

SCHEDULE 3
(Section 602)

PROVISIONS OF THE MARINE TRANSPORTATION SECURITY REGULATIONS WHOSE CONTRAVENTION IS DESIGNATED A VIOLATION

COMING INTO FORCE

11. These Regulations come into force one year after the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2006-269, Regulations Amending the Marine Transportation Security Regulations.

Footnote a

S.C. 2001, c. 29, s. 56

Footnote b

S.C. 2001, c. 29, s. 56

Footnote c

S.C. 2001, c. 29, s. 59

Footnote d

S.C. 1994, c. 40

Footnote 1

DORS/2004-144

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