No. H148/06
For release November 16, 2006

CANADA'S NEW GOVERNMENT IMPLEMENTS
BACKGROUND CHECKS FOR PORT WORKERS

MONTREAL − The Honourable Lawrence Cannon, Minister of Transport, Infrastructure and Communities, today announced 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 program will reduce the risk of security threats to the transportation system and help 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 also apply to marine pilots, wharfingers, security personnel and seafarers who apply for a Seafarers Identification Document.

"This program will not only further secure our ports but will also help ensure the continued competitiveness of our marine industry," said Minister Cannon. "This reflects the commitment of Canada's New Government to secure our borders and strengthen national security."

The Marine Transportation Security Clearance Program builds on the experience gained from Transport Canada's program of background security checks for airport personnel. Extensive consultations on the marine program have also been conducted with stakeholders, including industry and labour representatives. 

This initiative 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.

The regulatory amendments were published in the Canada Gazette, Part II on November 15, 2006.

The program is being 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 in Saint-Lambert, Quebec and St. Catharines, Ontario, scheduled to be complete by December 2007.

A backgrounder with further information on the Marine Transportation Security Clearance Program is attached.

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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 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 builds on the experience gained from Transport Canada's program of background security checks for airport personnel, which has been in place since 1985.

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 is being 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 will include 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 of ports is scheduled to be complete by December 15, 2007, and for the second phase by December 15, 2008.

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 will be made available on Transport Canada's website shortly.

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.