International Ship and Port Facility Security (ISPS) Code

To Whom Does This Apply?

The International Ship and Port Facility Security (ISPS) Code applies to ships engaged on international voyages, such as:

• passenger ships, including high-speed passenger craft;
• cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and
• mobile offshore drilling units.

This Code does not apply to warships, naval auxiliaries or other ships owned or operated by the Government of Canada and used only on government non-commercial service.

Summary

The International Ship and Port Facility Security (ISPS) Code came into effect on July 1, 2004. The Code is a comprehensive security regime that seeks to establish an international framework of co-operation between governments, government agencies and the shipping and port industries in order to detect and take preventive measures against security incidents affecting ships or port facilities used in international trade.

The requirements of the Code will also help to ensure the early and efficient collection and exchange of security-related information, the development of plans and procedures to guide the response to changing security levels, and the continued confidence of the marine sector community that security measures are in place.

The International Ship and Port Facility Security (ISPS) Code is divided into two parts. Part A of this Code contains detailed mandatory security requirements for federal governments, port authorities and ship companies. Part B is non-mandatory and provides guidance for carrying out the provisions of Part A. Transport Canada's guide on the ISPS outlines the principal obligations of Transport Canada, as well as Canadian ship companies and port facility operators, under the Code. To view the guide, visit Transport Canada's Web site.

Responsibilities
Transport Canada
As the Government of Canada's designated authority, Transport Canada has various responsibilities, including:

• setting security levels;
• ensuring the approval of Ship Security Plans and approving Port Facility Security Plans;
• verifying compliance with the ISPS Code's requirements and issuing to ships the International Ship Security Certificate;
• determining which port facilities are required to designate a Port Facility Security Officer;
• ensuring the completion and approval of Port Facility Security Assessments;
• exercising control and compliance measures;
• communicating information to the International Maritime Organization and to the shipping and port industries;
• determining when a Declaration of Security — which addresses the security requirements that could be shared between a port facility and a ship, or between ships — is required.

Ship Companies
Ship companies are required to act upon the security levels set by Transport Canada as set out below. The following activities will be carried out at all times on all ships in order to identify and take preventive measures against security incidents:

• ensuring the performance of all ship security duties;
• controlling access to the ship;
• controlling the embarkation of persons and their effects;
• monitoring restricted areas to ensure that only authorized persons have access;
• monitoring of deck areas and areas surrounding the ship;
• supervising the handling of cargo and ship's stores;
• ensuring that security communication is readily available.

Requirements for Ship Companies
For ships, the security requirements contained in the ISPS Code include:

• conducting a Ship Security Assessment;
• developing a Ship Security Plan;
• undergoing periodic verifications and obtaining an International Ship Security Certificate.

Ship Security Assessment
The Ship Security Assessment is an essential and integral part of the process of developing and updating the Ship Security Plan. The assessment includes an on-scene security survey and, at least, the following elements:

• identification of existing security measures, procedures and operations;
• identification and evaluation of key ship board operations that it is important to protect;
• identification of possible threats to the key ship board operations and the likelihood of their occurrence, in order to establish and prioritize security measures;
• identification of weaknesses, including human factors in the infrastructure, policies and procedures.

Ship Security Plan
The Ship Security Plan is developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship's stores or the ship from the risks of a security incident. The plan must address, at least, the following:

• measures designed to prevent unauthorized weapons, dangerous substances and devices intended for use against persons, ships or ports from being taken on board;
• identification of the restricted areas and measures for the prevention of unauthorized access to them;
• procedures for responding to security threats or breaches of security, including provisions for maintaining critical operations of the ship or ship/port interface, evacuating persons on board, and reporting on incidents;
• procedures for responding to any security instructions from Transport Canada;
• duties of shipboard personnel assigned security responsibilities and of other shipboard personnel on security aspects;
• procedures for auditing the security activities, and for ensuring the inspection, testing, calibration and maintenance of any security equipment provided on board;
• procedures for training, drills and exercises associated with the plan;
• procedures for interfacing with port facility security activities;
• procedures for the periodic review of the plan and for updating;
• procedures, instructions and guidance on the use of the ship security alert system, including the testing, activation, deactivation and resetting and to limit false alerts;
• instructions indicating that the master has overriding authority and responsibility to make decisions with respect to the safety and security of the ship and to request assistance as may be necessary.

Verification and Certification
Each ship to which ISPS Code applies is subject to the verifications specified below:

• an initial verification, either before the ship is put in service or before the certificate required is issued for the first time, that the security system, associated security equipment and the approved Ship Security Plan comply with the requirements of the Code;
• a renewal verification at intervals specified by Transport Canada, but generally not exceeding five years;
• at least one intermediate verification to ensure that the security system and associated security equipment remains satisfactory for the service for which the ship is intended. This verification will be endorsed on the certificate;
• any additional verifications as determined by Transport Canada.

International Ship Security Certificate
An International Ship Security Certificate is issued after the initial or renewal verification. This certificate is valid for a maximum of five years; however, extensions can be granted in some cases.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.

National Contact(s):
Mr. Glen Gordon
Program Research Officer
Regulatory and International Affairs
Transport Canada
330 Sparks Street, Place de Ville
Ottawa, Ontario K1A 0N5
Telephone: 613-991-6536
Fax: 613-954-4731 / 998-8620
TTY Toll-free (hearing impaired): 1-888-675-6863
E-mail: Gordong@tc.gc.ca
Web site: http://www.tc.gc.ca/en/menu.htm