No. H 017/09
For release - January 15, 2009
OTTAWA — Canada's Transport Minister, John Baird, announced today that phase II of the Marine Transportation Security Clearance Program has been successfully implemented on schedule, as of December 15, 2008. This program enhances marine and port security by requiring background security checks for specified port workers.
"Our ferry systems are vital to local economies across Canada," said Minister Baird. "By increasing security measures at marine and port facilities, we are encouraging trade and tourism, supporting job creation and helping to boost our economy."
This clearance program requires marine workers who perform key duties or who have access to restricted areas to acquire a transportation security clearance. These areas include:
- marine facilities that contain the central controls for security and surveillance equipment;
- areas that contain the central lighting system controls;
- areas designated for the loading or unloading of cargo and ships' stores at cruise ship terminals; and
- land adjacent to vessels interfacing with cruise ship terminals.
"Extensive consultation with stakeholders, including industry and labour representatives, were vital to the development of this program," added Minister Baird. "The safety and security of our marine transportation systems are vital to the economic stability of Canada."
A backgrounder with further information on the Marine Transportation Security Clearance Program is attached.
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The Marine Transportation Security Clearance Program reduces the risk of security threats and helps prevent unlawful interference with the marine transportation system. It requires marine workers who perform certain duties or who have access to certain restricted areas to acquire a transportation security clearance. This program is a result of the Government of Canada’s overall actions to enhance marine security.
Under the program, port workers will require a transportation security clearance to gain access to certain restricted areas. The designated restricted areas include:
- areas in the marine facilities that contain the central controls for security and surveillance equipment;
- areas that contain the central lighting system controls;
- areas that are designated for the loading or unloading of cargo and ships’ stores at cruise ship terminals; and
- land adjacent to vessels interfacing with cruise ship terminals.
In addition, port workers occupying certain positions or responsible for specific duties have been designated as requiring a transportation security clearance. Designated positions and duties include the following:
- licensed ship pilots;
- harbour master or wharfingers;
- security responsibilities, including authorized screening and security guard functions;
- access to a cruise ship that is interfacing with a restricted area two, to provide services, supplies or equipment to the cruise ship or a member of the complement of the cruise ship;
- a seafarer who has submitted an application for a Seafarer’s Identification Document; and
- those which could cause the failure of preventative measures, delay the response to a security incident or adversely affect the recovery from a security incident as a result or being assigned or performing any of the following duties, responsibilities or functions:
- access to security information at the marine facility or port;
- supervision of the marine facility operations;
- creation, alteration, control or maintenance of cargo documentation for crew or passenger lists by a person who is present at the marine facility or port or who has advance access to the documentation or lists; or
- planning or directing of the movement of cargo or containers at a container terminal, including their loading and unloading into and from vessels.
The program was implemented using a phased-in approach, with the first phase including the ports of Halifax, Nova Scotia; Montreal, Quebec; Fraser River, North Fraser River and Vancouver, British Columbia; and marine traffic control and operations centres of the St. Lawrence Seaway Management Corporation.
The second phase included the ports of St. John’s, Newfoundland and Labrador; Saint John, New Brunswick; Québec, Quebec; Toronto, Hamilton and Windsor, Ontario; and Prince Rupert and Victoria, British Columbia.
Implementation for the first phase was completed by December 15, 2007, and for the second phase by December 15, 2008.
Transport Canada has been working with stakeholders since January 2003 in order to develop the Marine Transportation Security Clearance Program, as part of the Government of Canada’s overall actions to enhance marine security.
The program builds on the experience gained from Transport Canada’s program of background security checks for airport personnel, which has been in place since 1985.
Transportation Security Clearance Process
In order to obtain a transportation security clearance, applicants will report to an enrolment site at the appropriate port administration to submit an application package. The enrolment site will be responsible for submitting the application to Transport Canada.
Transport Canada will 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 will 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 will approve the application for a transportation security clearance and notify the respective port. A restricted area access pass will then be issued to the individual by the port’s pass control office.
The Marine Transportation Security Clearance Program also includes a reconsideration process for marine workers. An applicant whose transportation security clearance has been refused or cancelled can apply to the Office of Reconsideration (OOR), which will arrange for an independent assessment of the case and make a recommendation. The OOR is independent of the office that made the original evaluation and recommendation. Information on the OOR will be made available to applicants at the enrolment sites, and additional details are available on Transport Canada’s website.
More details on the amendments to the Marine Transportation Security Regulations, including an information package outlining key elements of the Marine Transportation Security Clearance Program and frequently asked questions are available on Transport Canada’s Marine Security website at www.tc.gc.ca/MarineSecurity/implementationMTSCP.htm.
January 2009
