Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2014-04-02 and last amended on 2008-12-15. Previous Versions

Submission of Application

  •  (1) Subject to subsection (2), every application for a security clearance shall be submitted on the form supplied by the Minister to the port administration at the port where the applicant works or is a candidate for work or to which the applicant otherwise requires access.

  • (2) If the port administration is not able to transmit the application in accordance with subsection (3), the application shall be submitted to an official of an office

    • (a) managed by or for an airport authority and that is responsible for the control of the airport’s passes, where the airport authority is able to transmit the application in accordance with a document that evidences the understanding to that effect with the Minister; or

    • (b) operated by the Department of Transport.

  • (3) The port administration or official shall collect the applicant’s information on behalf of the Minister and shall transmit it to the Minister in accordance with the document that evidences the understanding to that effect with the Minister.

  • SOR/2006-269, s. 22.

Clearance Process

Checks and Verifications

 On receipt of a fully completed application for a security clearance, the Minister shall conduct the following checks and verifications for the purpose of assessing whether an applicant poses a risk to the security of marine transportation:

  • (a) a criminal record check;

  • (b) a check of the relevant files of law enforcement agencies, including intelligence gathered for law enforcement purposes;

  • (c) a Canadian Security Intelligence Service indices check and, if necessary, a Canadian Security Intelligence Service security assessment; and

  • (d) a check of the applicant’s immigration and citizenship status.

  • SOR/2006-269, s. 22.

Minister’s Decision

 The Minister may grant a security clearance if, in the opinion of the Minister, the information provided by the applicant and that resulting from the checks and verifications is verifiable and reliable and is sufficient for the Minister to determine, by an evaluation of the following factors, to what extent the applicant poses a risk to the security of marine transportation:

  • (a) the relevance of any criminal convictions to the security of marine transportation, including a consideration of the type, circumstances and seriousness of the offence, the number and frequency of convictions, the length of time between offences, the date of the last offence and the sentence or disposition;

  • (b) whether it is known or there are reasonable grounds to suspect that the applicant

    • (i) is or has been involved in, or contributes or has contributed to, activities directed toward or in support of the misuse of the transportation infrastructure to commit criminal offences or the use of acts of violence against persons or property, taking into account the relevance of those activities to the security of marine transportation,

    • (ii) is or has been a member of a terrorist group within the meaning of subsection 83.01(1) of the Criminal Code, or is or has been involved in, or contributes or has contributed to, the activities of such a group,

    • (iii) is or has been a member of a criminal organization as defined in subsection 467.1(1) of the Criminal Code, or participates or has participated in, or contributes or has contributed to, the activities of such a group as referred to in subsection 467.11(1) of the Criminal Code taking into account the relevance of these factors to the security of marine transportation,

    • (iv) is or has been a member of an organization that is known to be involved in or to contribute to — or in respect of which there are reasonable grounds to suspect involvement in or contribution to — activities directed toward or in support of the threat of or the use of, acts of violence against persons or property, or is or has been involved in, or is contributing to or has contributed to, the activities of such a group, taking into account the relevance of those factors to the security of marine transportation, or

    • (v) is or has been associated with an individual who is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect involvement in or contribution to — activities referred to in subparagraph (i), or is a member of an organization or group referred to in any of subparagraphs (ii) to (iv), taking into account the relevance of those factors to the security of marine transportation;

  • (c) whether there are reasonable grounds to suspect that the applicant is in a position in which there is a risk that they be suborned to commit an act or to assist or abet any person to commit an act that might constitute a risk to marine transportation security;

  • (d) whether the applicant has had a restricted area pass for a marine facility, port or aerodrome removed for cause; and

  • (e) whether the applicant has filed fraudulent, false or misleading information relating to their application for a security clearance.

  • SOR/2006-269, s. 22.