Mr. Speaker, In December 2002 the International Maritime Organization, IMO adopted the International Ship and Port Facility Security Code ISPS Code and other amendments to the International Convention for Safety of Life at Sea Convention, 1974, SOLAS Convention to enhance the international framework for the deterrence, prevention and detection of acts that threaten security in the marine transportation sector. All IMO contracting governments, including Canada, have adopted the ISPS code in July 2004 and have the necessary national regulations in place.
The Canadian Marine Transportation Security Regulations, MTSR introduce new security requirements for the marine transportation industry under section 5 of the Marine Transportation Security Act, MTSA, and implement all provisions of the ISPS code.
(a) Yes, all 423 ports and marine facilities in Canada to which the MTSR apply have implemented the ISPS code. The MTSR applies to all Canadian ports and marine facilities serving vessels covered by the MTSR, engaged on a voyage from a port in one country to a port in another country. Others may be added in the future, as they are required to apply the MTSR.
(b) Canadian vessels, marine facilities and port authorities to which the MTSR apply are required to develop and implement a risk-based security plan developed from information obtained in security assessments of vulnerability and threat. Once submitted, the plans are reviewed by Transport Canada Marine Security Inspectors. An official certificate of compliance or international ship security certificate is issued upon approval of the plans.
The MTSR requires that audits be conducted by ports authorities and the operators of marine facilities against their approved and implemented security plans to determine whether there are any deficiencies or changes in security threats, procedures, responsibilities of personnel, operations or operator that require amendments to be made to the plans. Marine facility operators are required to perform internal audits annually or if there is a change in operator or modifications to the marine facility or its operations. There is no requirement for port authorities to conduct annual audits, although they are required to continually evaluate marine transportation security and to include a plan for periodically reviewing, auditing and updating the port security plan. If changes are required to the security plan following an audit, operators are required to submit an amendment to the minister of Transport for approval within 30 days. Port authorities and the operators of marine facilities may call upon independent sources to perform internal audits for their own purposes.
Transport Canada Marine Security Inspectors conduct inspections of marine facilities and ports to ensure compliance with MTSR, and ISPS Code requirements, including the continued validity and implementation of security plans. These inspections are conducted under the authority of the Marine Transportation Security Act. Independent sources are not used for these inspections.
(c) All Canadian vessels to which the MTSR apply are in compliance and have received an international ship security certificate, ISSC, and Canadian vessel security certificate, VSC. There are approximately 213 Canadian vessels to which the MTSR apply.
(d) Most countries have developed regulations and have implemented the ISPS code for their vessels and ports. Any foreign vessel wishing to enter into Canadian waters must have an ISSC issued under their flag state .