Transport Canada proposes amendments to boost port security30 June 2006
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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BACKGROUNDER
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MARINE TRANSPORTATION SECURITY CLEARANCE PROGRAM
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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
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For further information: Natalie Sarafian, Press Secretary, Office of the Minister of Transport, Infrastructure and Communities, Ottawa, (613) 991-0700; Vanessa Vermette, Communications, Transport Canada, Ottawa, (613) 993-0055; Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at www.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada. This news release may be made available in alternative formats for persons with visual disabilities.
Source: newswire
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