No. H068/06For release June 28, 2006
OTTAWA - The Honourable Lawrence Cannon, Minister of Transport,
Infrastructure and Communities, today announced proposed amendments to the
Marine Transportation Security Regulations that will strengthen marine security
by requiring background checks for port workers through the Marine
Transportation Security Clearance Program.
The proposed program would reduce the risk of security threats to the
transportation system and help to prevent unlawful interference with the marine
transportation system by requiring marine workers who perform certain duties or
who have access to certain restricted areas to have a transportation security
clearance. The requirements would also apply to marine pilots, wharfingers,
security personnel and seafarers who have a Seafarers Identity Document.
The Marine Transportation Security Clearance Program builds on the experience
gained from Transport Canada's program of background security checks for airport
personnel, which has been in place since October 1985.
"This proposed program builds on the commitments the new Government of Canada
has made to secure our borders and strengthen national security," said Minister Cannon. "Further securing our ports will also help ensure the continued
competitiveness of our marine industry and contribute to Canada's economic
growth."
Extensive consultations on the proposed program of background checks for port
workers have been conducted with stakeholders, including industry and labour
representatives, since January 2003.
The Marine Transportation Security Clearance Program represents an important
next step in enhancing marine security and builds on the requirements of the
International Ship and Port Facility Security Code and Canada's Marine
Transportation Security Regulations, which have been in place since July 1, 2004.
The proposed amendments will be published in the Canada Gazette Part I on
July 1, 2006. From that date, there will be a 60-day period for the public to
respond. After consideration of the comments, the regulations will be finalized
and submitted for publication in the Canada Gazette Part II.
A backgrounder with further information on the proposed Marine
Transportation Security Clearance Program is attached.
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Contacts:
Natalie Sarafian
Press Secretary
Office of the Minister of Transport,
Infrastructure and Communities,
Ottawa
(613) 991-0700
Vanessa Vermette
Communications
Transports Canada, Ottawa
(613) 993-0055
Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at apps.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada.
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BACKGROUNDER
MARINE TRANSPORTATION
SECURITY CLEARANCE PROGRAM
Transport Canada has been working with stakeholders since January 2003 in order
to develop the proposed Marine Transportation Security Clearance Program, as
part of the Government of Canada's overall actions to enhance marine security.
The Marine Transportation Security Clearance Program is an expansion of the
existing Transportation Security Clearance Program, which has been in place at
Canada's airports since 1985.
Under the proposed program, port workers would require a transportation security
clearance to gain access to certain restricted areas. The designated restricted
areas could include:
areas containing controls for security and surveillance equipment and systems,
and for lighting systems;
areas in cruise-ship terminals, that are:
land areas adjacent to vessels docking at the marine facility;
areas designated for loading, unloading or storage of cargo, passengers,
baggage and ships' stores; and
any other restricted area designated by the Minister.
In addition, port workers occupying certain positions or responsible for
specific duties would be designated as requiring a transportation security
clearance. Designated positions and duties could include the following:
security responsibilities and duties in ports and all facilities;
development and modification of information and maintenance or advance access
to cargo manifests, crew or passenger lists;
access to security information;
planning or control of cargo or container movement in terminals or loading in
ships;
supervision of operations in terminals; and
any other duties designated by the Minister.
Marine pilots licensed under the Pilotage Act and wharfingers, as well as
security personnel and seafarers who have a Seafarer's Identity Document would
also be required to have a transportation security clearance.
A phased-in approach to implementation of the program has been proposed, with
the first phase including ports in Halifax, Nova Scotia; Montreal, Quebec;
Vancouver, British Columbia; and marine traffic control and operations centres
of the St. Lawrence Seaway Management Corporation.
The second phase would include the ports of Prince Rupert, British Columbia;
Victoria, British Columbia; Fraser River, British Columbia; Quebec, Quebec;
Saint John, New Brunswick; and St. John's, Newfoundland and Labrador.
Transportation Security Clearance Process
To obtain a transportation security clearance, applicants would report to the
appropriate port administration or port authority to submit an application
package. The port administration would be responsible for submitting the
application to Transport Canada.
Transport Canada would then conduct a background check, in concert with the
appropriate agencies, such as the RCMP and the Canadian Security Intelligence
Service (CSIS), to determine if the applicant may be considered a risk to marine
transportation security. The following checks would be conducted for the purpose
of granting the transportation security clearance:
a criminal record check;
a check of the relevant files of law enforcement agencies, including
intelligence gathered for law enforcement purposes;
a CSIS indices check and, if necessary, a CSIS security assessment; and
a check of the applicant's immigration and citizenship status, if applicable.
Once satisfied that the applicant does not pose a risk to marine transportation
security, Transport Canada would issue a transportation security clearance to
the individual.
The proposed amendments also include a reconsideration process for marine
workers. An applicant whose transportation security clearance has been refused
or cancelled could apply to the Office of Reconsideration, which would arrange
for an independent assessment of the case and make a recommendation. The Office
of Reconsideration would be independent of the office that made the original
evaluation and recommendation.
More details on the proposed amendments to the Marine Transportation Security
Regulations, including an information package outlining key elements of the
proposed Marine Transportation Security Clearance Program and frequently asked
questions are available on Transport Canada's Marine Security website at
www.tc.gc.ca/MarineSecurity.
June 2006
