Roles and Responsibilities
Vessel and Port Facility Security
Marine Security Contribution Program
Marine Transportation Security Clearance Program (MTSCP)

Roles and Responsibilities

Q. What is the Government of Canada doing to improve coordination among federal departments? 

A. On April 27, 2004, the Government of Canada tabled Securing An Open Society: Canada’s National Security Policy. The National Security Policy (NSP) sets out an integrated strategy and action plan designed to address current and future threats.

The NSP includes a six-point plan to enhance marine security. Transport Canada, National Defence, Public Safety and Emergency Preparedness Canada, RCMP and Fisheries and Oceans will be allocated funding of up to $432 million to implement key elements of this plan, which:

• clarifies and strengthens accountability for marine security;
• establishes Marine Security Operations Centres;
• increases the on-water presence of the Coast Guard, RCMP and the Canadian Forces Maritime Command and increases the Department of Fisheries and Oceans aerial surveillance activities;
• provides secure fleet communications;
• pursues closer cooperation with the United States to enhance our collective marine defence and security; and
• strengthens security at ports and other marine facilities, such as our Seaway Locks.

Q. What is Transport Canada doing to improve coordination among federal departments? 

A. Falling under the National Security Policy’s six-point plan to enhance marine security, the Minister of Transport has lead responsibility for marine safety and security policy co-ordination and regulation.

As part of that leadership role, Transport Canada continues to chair the Interdepartmental Marine Security Working Group (IMSWG), which was established in October 2001 to identify and coordinate the Government of Canada’s actions in support of enhancing the security of Canada’s marine transportation system.

Q. What could Transport Canada do to improve marine security in the case of a major incident?

A. If a threat to the Canadian marine transportation system is identified, the Minister of Transport has the authority to require enhanced security measures by the marine transportation sector to address the threat.

In addition, under the Canadian Marine Transportation Security Regulations, Transport Canada is required to set marine security levels, and recommend the measures to be implemented for each of three, progressively higher-threat levels.

Q. Is Transport Canada responsible for conducting training or for approving courses for security officers?

A. No, although the International Maritime Organization has developed model courses for security officers, Transport Canada is working with interested Canadian training institutes to establish courses that follow the guidelines provided in the International Ship and Port Facility Security (ISPS) Code, and is prepared to recognize training certificates issued by these educational institutions as meeting international standards for ISPS-related training.

Q. What is Transport Canada’s role in waterside security?

A. Transport Canada has the legislative and regulatory capacity to regulate waterside security requirements, however, the department currently has no direct role in enforcing waterside security.

In general, the police of local jurisdiction are responsible for providing waterside and landside security. The RCMP, and even the Canadian Armed Forces, can be activated when a counter-terrorism response is required.

Transport Canada is working with the RCMP to review the responsibilities for waterside security in Canada. In addition, the member departments and agencies of the Interdepartmental Marine Security Working Group (IMSWG) work together to coordinate all aspects of waterside security, planning, regulation and response.

Vessel and Port Facility Security

Q. Is a list of all the Canadian marine facilities compliant with the International Ship and Port Facility Security (ISPS) Code available?

A. To view the International Maritime Organization's (IMO) official list of marine facilities that are now compliant with the International Ship and Port Facility (ISPS) Code, visit the IMO web site.

Q. Will there be funding provided to Canada’s ports to help defray the costs of implementing the International Ship and Port Facility Security (ISPS) Code?

The Government of Canada announced on May 7, 2004, that it will assist Canada’s ports with the cost of modernizing and strengthening their security systems and programs.

The Marine Security Contribution Program is a three-year, $115 million commitment to assist ports and port facilities with security enhancements. The program is application-based and provides funding on a cost-shared basis for a number of clearly identified eligible expenses. This funding is in addition to marine security funding initially announced in the National Security Policy.

Under the new program, ports and marine facilities will be able to apply for funds to assist with new security equipment and programs called for under their approved security plans. These funds will not only assist by helping to offset the costs borne by participants in finalizing their initial work to meet the basic requirements of their plans, it will also help them to extend and build on these security enhancements in the future.

Projects eligible for funding include:

• surveillance equipment, including cameras and closed-circuit TV systems;
• improvements to dockside and perimeter security and access control, such as fencing, gates, signage and lighting; 
• command, control and communications equipment, such as portable and vessel-to-shore radios; and 
• infrastructure security protective measures, such as security guards 

The program allows for eligible expenses to date back to April 1, 2004, and is subject to all expenditure controls applicable to contribution programs.

Q. Will a program similar to the Marine Security Contribution Program be established in order to assist Canadian vessel owners and operators with their security costs?

A. There are currently no federal programs under which funds could be made available to Canada’s vessel owners and operators to cover the cost of security enhancements. This approach is consistent with that of the United States, which is only providing funding to American port facility operators and has made no plans to extend funding to commercial vessel owners and operators.

Transport Canada is aware of the concerns of Canadian shipowners and operators with respect to this matter, and the department will continue to monitor developments and take appropriate action if warranted.

Marine Security Contribution Program

Q. Why were the salaries for Security Guards and Port / Marine Facility Security Officers not considered for funding in rounds 1 and 2?

A. It was decided that priority would be given to projects which provided long-term sustainable security enhancements. Funding for Security Guards & PFSO salaries may be made available at a future funding round.

Q. Will funding be provided to cover ongoing maintenance costs of security enhancement projects?

A. Funding will not be provided to cover ongoing maintenance costs of security enhancement projects. Applicants must demonstrate that they have the capacity to maintain the continuity of the security enhancement outside of the program funding. Funds are only being provided to help offset the initial cost of implementing security enhancements.

Q. I bought my new security equipment between September 2001 and March 2004. If I paid for it after April 1st 2004, are these expenses eligible?

A. No, the government uses accrual accounting, as such an expenditure is made on the date on which the service was rendered or the good was received. The contribution program will only consider expenditures made after April 1, 2004.

Q. If my security enhancement project was not selected in the first funding round, may I re-submit it in subsequent funding rounds?

A. A project that was not previously selected may be resubsmitted for consideration at a future funding round. Before re-submitting your project, please refer to the letter of explanation you received outlining the reasons why the project was not selected.

Q. How many more funding rounds will there be?

A. The 3rd funding round is planned for Spring 2006. It is anticipated that there will be up to two funding rounds per year depending on the availability of funds. Please check Transport Canada’s website regularly for up to date information.

Q. Can one eligible applicant submit an application on behalf of several other eligible applicants?

A. Yes. If the security enhancement projects are contained in other approved Security Plans, the identification of other plan holders involved and their Certificate of Compliance numbers are required. The organization that will be taking the lead must be clearly identified, as well the application must include an acknowledgement of the other parties involved.

Q. Direct project management and engineering costs are considered an eligible expense when they directly support a project. How would you define what a project management cost is? What components may or may not be included?

A. Project management costs may include:

• Salaries for the main project manager
• Salaries for the engineer
• Other engineering costs

Components that are not considered a project management cost include, but are not limited to:

• Overhead salaries (secretary, administrative staff, custodians)
• Executive salaries
• Salaries allocated to the time spent in meetings regarding a particular a project with senior & executive management
• Stationary expenses, incidentals

Marine Transportation Security Clearance Program

Q. What is the purpose of the MTSCP?

A. The purpose of the MTSCP is to reduce the risk of security threats by preventing unlawful interference with the marine transportation system, by conducting background checks on marine workers who perform certain duties or who have access to certain restricted areas and others, such as marine pilots, security personnel, and seafarers who have a Seafarer’s Identity Document.

The MTSCP would enhance the security of the marine transportation system, benefiting the public, passengers, marine workers, and operators of vessels, ports and marine facilities.

This program would provide an additional layer of security needed to enhance the security of the marine transportation system by ensuring those who work in the ports or are responsible for security at the ports are not a risk themselves to the marine transportation security system. An effective security system relies on the people who are involved, and the background checks will confirm marine workers as an important, and reliable, part of the marine transportation security system.

The MTSCP is not a new program. Rather, it is an expansion of the existing Transportation Security Clearance Program, which has been in place at Canada’s airports since 1985.

Q. Which ports and marine facilities would be covered by the MTSCP?

A. After the proposed regulations are finalized, a phased-in implementation would be undertaken. Phase I of the implementation strategy would include container facilities and cruise ship terminals at the ports of Vancouver, Montreal, and Halifax, as well as the control centres and operation centres of the St. Lawrence Seaway Management Corporation, by December 15, 2007.

Phase II of implementation would include the ports of Prince Rupert, Victoria, Fraser River, Québec, Saint John, and St. John’s, Newfoundland and Labrador, by December 15, 2008.

Additional ports and types of facilities could be added in later phases

Q. Will the MTSCP apply to all workers at ports?

A. Under the proposed regulations, the MTSCP would apply to persons who work in certain restricted areas, persons performing designated duties, and others, such as marine pilots, security personnel, and seafarers who have a Seafarer’s Identity Document. These individuals would require a transportation security clearance.

Q. What positions will require a transportation security clearance under the MTSCP?

A. Persons who work in certain restricted areas, and persons performing designated duties, at ports would require a clearance. The duties that would be designated have been identified through an examination of the functions at marine facilities and ports, and could include:

• security responsibilities, including authorized screening and security guard functions;
• the taking of applications for security clearances;
• access to security information at the marine facility or port;
• the supervision of marine facility operations;
• the creation, alteration, control or maintenance of cargo documentation, crew lists, or passenger lists; and
• the planning or directing of cargo or container movement.

Q. To which restricted areas will the MTSCP apply?

A. Under the proposed regulations, restricted areas to which the MTSCP would apply 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 areas adjacent to vessels interfacing with cruise ship terminals. This means that persons working in these restricted areas would require a transportation security clearance.

Areas at cruise ship terminals where baggage and ship’s stores are loaded or unloaded would also require a transportation security clearance for access.

Q. What background checks will be conducted as a part of the transportation security clearance?

A. The proposed 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. On receipt of a completed application the following checks would be conducted for the purposes of granting a 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 Canadian Security Intelligence Service (CSIS) indices check and, if necessary, a CSIS security assessment; and
• a check of the applicant’s immigration and citizenship status, if applicable.

Q. Why are fingerprints taken for every application for a transportation security clearance?

A. The Royal Canadian Mounted Police (RCMP), which is the holder of criminal records, requires fingerprints to confirm the existence of a criminal record check. This is to ensure accuracy in order to avoid confusion between persons with the same names and other similar information.

Q. What information would be collected on marine workers by Transport Canada for an application for a transportation security clearance?

A. Personal information collected for an application for a transportation security clearance would include:

• fingerprints and facial image;
• full name used, and details of any name changes;
• date and place of birth, information confirming place of birth;
• gender, height, weight, eye and hair colour;
• passport information;
• post secondary school education;
• residential and employment history for the last five years;
• extended travel (more than 90 days) outside Canada for personal or non-governmental business, other than to USA and Mexico; and
• limited information on the applicant’s spouse or common-law partner.

Q. Why is personal information concerning an applicant’s spouse or common-law partner collected for an application for a transportation security clearance?

A. This information is required in order for CSIS to conduct its indices check and security assessment. However, information is not required of former spouses if the relationship ended more than five years prior to the application for a transportation security clearance.

Q. What is Transport Canada doing to ensure that an applicant’s privacy rights are protected?

A. The Government of Canada is bound by the Privacy Act, which protects the privacy rights of individuals.

The Privacy Act regulates the collection and use of personal information by the federal government and agencies. As such, the Privacy Act governs Transport Canada’s programs. An applicant’s personal information would be used only for assessment purposes within the context of the program.

In addition, Treasury Board guidelines require that a Privacy Impact Assessment be conducted to examine how personal information is collected, used, retained, and shared whenever a government program gathers personal information. Transport Canada has conducted a Privacy Impact Assessment on the collection of personal information under the Marine Transportation Security Clearance Program.

Q. Will personal information collected for an application for a transportation security clearance be used for another purpose, such as for criminal investigations?

A. The information will not be used for any other purpose. The Privacy Act regulates the collection and use of personal information by the federal government and agencies. In accordance with the Privacy Act, an applicant’s personal information would be used only for assessment purposes within the context of the program.

Q. Will personal information collected for an application for a transportation security clearance be shared with other foreign governments?

A. An applicant’s personal information is used only for assessment purposes within the context of the program, and is not shared with outside agencies or foreign governments without the written consent of the applicant.

The only two circumstances in which an individual’s information would be shared with a foreign government are: (1) where, in the opinion of the Minister, the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure; or (2) for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information.

Q. What criteria are looked at for granting, refusing, or canceling a transportation security clearance?

A. The assessment of whether to grant, refuse, or cancel a transportation security clearance is based on a global evaluation of the information obtained from the background checks and the information provided on the application to determine if a person poses a risk to transportation security. When all the required checks are successfully completed, the applicant could be granted the transportation security clearance.

Q. Can a transportation security clearance be refused or cancelled if an applicant or clearance holder has a criminal record?

A. Having a criminal record does not automatically mean that a person would be refused a transportation security clearance (or cancelled if they are a clearance holder). The recommendation whether to grant a security clearance is based on a global evaluation of the information obtained from the applicant and from the background checks, as to whether he/she poses a risk to transportation security.

Q. What review or appeal mechanisms exist if an applicant is refused a transportation security clearance (or if a clearance holder has had their clearance cancelled)?

A. If an application for a transportation security clearance is refused, or an existing transportation security clearance is cancelled, the applicant or clearance holder would be informed of the decision and provided with a summary of the reasons supporting the refusal or cancellation. The applicant would have several recourse options.

The proposed amendments to the Marine Transportation Security Regulations (MTSRs) include a reconsideration process. The Minister of Transport, Infrastructure and Communities is committed to establishing an independent Office of Reconsideration (OOR).

The OOR would be responsible for the transportation security clearance reconsideration process and would be independent of the office making the initial evaluation.

An applicant would also be able to reapply for a transportation security clearance where there has been a material change in the applicant’s circumstances, which led to the initial refusal or cancellation.

In some circumstances, the applicant may be able to file a complaint with the Security Intelligence Review Committee (SIRC) if the transportation security clearance is refused or cancelled based on information collected from CSIS.

In addition to these mechanisms, an applicant whose transportation security clearance has been refused or cancelled can request a judicial review by the Federal Court of Canada.

Q. How is “reasonable grounds to suspect” defined?

A. Some have questioned whether the appropriate threshold for refusing or cancelling a transportation security clearance is at “known or reasonable grounds to suspect”, or whether it should be at “reasonable cause to conclude”.

Sec. 5 (1)(a) of the Marine Transportation Security Act states that regulations may be made to prevent interference that “could occur” with the marine transportation system. This preventative intent of the Act must be upheld, and using “reasonable grounds to suspect” as a threshold for granting, refusing or cancelling a transportation security clearance is consistent with our legislation.

It is important to note that the “reasonable grounds to suspect” criterion is used in other Canadian legislation, including the Canadian Security Intelligence Service Act, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, and, the Immigration and Refugee Protection Act. Therefore, “the reasonable grounds to suspect” criterion is appropriate for assessing eligibility for a transportation security clearance.