MARINE FACILITIES RESTRICTED
AREA ACCESS CLEARANCE PROGRAM

Transport Canada is working with stakeholders to establish the Marine Facilities Restricted Area Access Clearance Program as part of the Government of Canada's initiative to enhance marine security. It is designed to prevent unlawful acts of interference with the marine transportation system by limiting access to certain restricted areas at marine facilities to those individuals who have been granted a transportation security clearance. The proposed program is similar to Canada's program of background security checks for airport personnel, which was introduced in October 1985. Elements of the proposed program to be discussed include designated restricted areas, designated work positions and transportation security clearances.

To access certain restricted areas, workers may require a transportation security clearance. A mandatory background security check would be conducted on those persons wishing to obtain this clearance. Under the proposed amendments, the designated restricted areas may 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.

• security responsibilities and duties in ports and all facilities (e.g., facility security officers and their deputies, screeners, security guards);
• responsibilities to develop and change information and maintain or have advance access to cargo manifests, crew or passenger lists (e.g., facility management and clerical staff);
• access to security information (e.g., emergency response procedures, security plans);
• the planning or control of cargo or container movement in terminals or loading in ships (e.g., yard planners and checkers);
• the supervision of operations in terminals (e.g., yard supervisor, rail supervisor, dock or walking foremen); and
• any other duties designated by the Minister.

A phased-in approach to implementation of the program has been proposed, with the first phase including ports in Halifax, Montreal and Vancouver. 

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 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 check of the Canadian Police Information Centre records; 
• a fingerprint-based criminal records check for convictions and other dispositions, but not for offences for which a pardon has been granted; 
• a credit bureau check;
• a Canadian Security Intelligence Service assessment; and
• a check of criminal intelligence databases with the RCMP. 

Once satisfied that the applicant does not pose a risk to marine transportation security, Transport Canada would issue a security clearance to the individual, who would then be granted access to designated areas at ports.

September 2004