Marine Security Operations Bulletin - 2013-001

File Number: 4303-12

No: 2013-001

Issue

Updates to the Marine Security oversight regime under the Marine Transportation Security Act

Purpose

This bulletin advises vessel and marine facility operators and port administrations of the implementation of the updated Marine Security Compliance and Enforcement Program (the Program) in February 2013 to promote compliance with the requirements of the Marine Transportation Security Act and its regulations.

Background

The objective of the Program is not only about ensuring compliance with the Act and its regulations but also to provide a security culture within the marine industry that identifies and encourages pro-security behaviours, practices and innovations. The Program is guided by the principles of transparency, fairness, timeliness, consistency and confidentiality. Marine Security will continue to work with the marine industry to promote security and continue to develop relationships built on trust.

In 2001, the Marine Transportation Security Act was amended to include sections 32 to 51, which introduced the assurance of compliance and the administrative monetary penalty provisions. A policy and procedures have been developed to guide the implementation of these provisions.

The Compliance Policy and the Compliance Procedures were developed to state the oversight philosophy and ensure consistency in the application of the activities of the Program. Compliance activities will continue to be conducted in a manner that promotes a security culture by emphasizing the value and benefits of the requirements of the Act and its regulations.

For the purpose of verifying compliance, vessels, marine facilities and ports will be inspected at regular intervals and at other times based on their risk profile and their compliance history. Where non-compliance with the Act or its regulations is found, enforcement actions may be taken to bring the contravener back into compliance. The continuum of enforcement actions includes verbal counselling, written notices, assurance of compliance, administrative monetary penalties, or in more serious cases, prosecution.

Enforcement actions will be suitable to the situation or contraventions and will be escalated according to a well understood decision-making process that takes into account approved criteria, seriousness of the contravention, seriousness of any consequences and compliance history of the individual or corporation.

Any vessel or marine facility operator who is the subject of a penalty under the Marine Transportation Security Regulations will have the right to file a request for review of the Minister's decision by the Transportation Appeal Tribunal of Canada.

Any comments, suggestions or concerns can be addressed to the Director, Marine Security Operations in headquarters, by e-mail at dirops.marsec-sumar@tc.gc.ca or to the regional Transport Canada Marine Safety and Security offices.

Nicole Legault
Director
Marine Security Operations

Dated: 25 January 2013

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