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Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2022-06-20 and last amended on 2014-06-19. Previous Versions

PART 3Marine Facilities (continued)

Restricted Area Passes or Keys (continued)

General

  •  (1) A holder of a restricted area pass or key that has been lost or stolen shall immediately report its loss or theft to the port administration or the operator of the marine facility.

  • (2) The port administration or operator of the marine facility shall immediately cancel a restricted area pass and any associated key upon being notified of its loss or theft.

  • SOR/2006-269, s. 16
  •  (1) A port administration or an operator of a marine facility shall keep a record of

    • (a) the number of restricted area passes or keys issued and, for each pass, the name of the holder, the number of the pass or key, the date of issue, the period of validity, and, if applicable, the date of suspension or revocation; and

    • (b) lost or stolen passes or keys.

  • (2) The port administration or operator of a marine facility shall ensure that the records referred to in subsection (1) are:

    • (a) kept for at least two years after the date they are made; and

    • (b) available to the Minister on request.

  • SOR/2006-269, s. 17(F)
  • SOR/2006-270, s. 8

 A person shall not provide false information for the purpose of obtaining a restricted area pass or a key.

 A person shall not use a restricted area pass or a key except while in the performance of their duties.

  •  (1) The holder of a restricted area pass or a key shall return it to the marine facility operator or the person who issued it when

    • (a) the holder ceases to work at a marine facility; or

    • (b) the holder otherwise ceases to require the restricted area pass or the key.

  • (2) When a restricted area pass or a key is returned to an employer, the employer shall immediately give it to the marine facility operator or the person who issued it.

  • SOR/2006-269, s. 18

 A person shall surrender on demand a restricted area pass or a key in their possession to the marine facility operator, the person who issued it, a peace officer or the Minister.

 No person shall

  • (a) loan or give a restricted area pass or a key that was issued to one person to another person;

  • (b) alter or otherwise modify a restricted area pass or a key;

  • (c) have or use a restricted area pass or a key that was issued to another person;

  • (d) use a counterfeit restricted area pass or key; or

  • (e) make or reproduce a copy of a restricted area pass or key.

Content

  •  (1) Subject to subsection (2), a restricted area pass shall show the name, height and eye colour of the person to whom the pass has been issued, a clear photograph of the person’s head and shoulders or other facial image and an expiry date that is not later than five years after the date of issue or, in the case of a restricted area pass issued to a person who holds a transportation security clearance, that is not later than the expiry date of the transportation security clearance.

  • (2) A temporary restricted area pass need not meet the requirements of subsection (1), but it shall bear a mark that clearly distinguishes it as a temporary pass.

  • SOR/2006-269, s. 19
  • SOR/2014-162, s. 100

Administration

  •  (1) A port administration may issue keys and restricted area passes, and keep an up-to-date list, by name and position, of the holders of transportation security clearances, on behalf of marine facility operators in the port.

  • (2) If a port administration administers restricted areas passes on behalf of marine facility operators in the port, a marine facility operator shall cooperate with the port administration and shall provide it with the information required.

  • SOR/2006-269, s. 20
  • SOR/2014-162, s. 100

Distinctive Mark — Transportation Security Clearances

[
  • SOR/2014-162, s. 100
]

 Every restricted area pass issued to a holder of a transportation security clearance shall bear a mark that clearly distinguishes it from restricted area passes issued to persons who are not transportation security clearance holders.

  • SOR/2006-269, s. 21
  • SOR/2014-162, s. 100

[395 to 399 reserved]

PART 4 — [RESERVED]

 [Reserved]

 [Reserved]

PART 5Transportation Security Clearance

[
  • SOR/2014-162, s. 100
]

[500 reserved]

Application

  •  (1) This Part applies to the marine facilities set out in Part 1 of Schedule 1 and to the port administrations for the ports at which the marine facilities are located.

  • (2) This Part also applies to every licensed ship’s pilot, as defined in section 2 of the Pilotage Act, having the conduct of a vessel that interfaces with a marine facility set out in Part 1 of Schedule 1 or of a vessel in the waters of a port set out in Part 2 or 3 of that Schedule.

  • SOR/2006-269, s. 22

Operator of a Marine Facility

 The operator of a marine facility and the port administration shall ensure that the requirements of this Part are met.

  • SOR/2006-269, s. 22

Transportation Security Clearance

[
  • SOR/2014-162, s. 100
]

 Every person shall be a holder of a transportation security clearance if they

  • (a) require access to a restricted area two and cannot enter the area under any of paragraphs 380(1)(b) to (f) or subsection 380(2) or (3);

  • (b) are a licensed ship’s pilot referred to in subsection 501(2);

  • (c) are a harbour master or wharfinger appointed under subsection 69(1) of the Canada Marine Act;

  • (d) have security responsibilities, including authorized screening and security guard functions, at the marine facilities and port administrations for the ports referred to in subsection 501(1);

  • (e) take applications for transportation security clearances and the applicants’ fingerprints and facial images, which functions are performed on behalf of the Minister and for the purposes of this Part;

  • (f) have 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;

  • (g) could cause the failure of a preventive measure, delay the response to a security incident or adversely affect the recovery from a security incident as a result of being assigned or performing any of the following duties, responsibilities or functions:

    • (i) access to security information at the marine facility or port,

    • (ii) the supervision of marine facility operations,

    • (iii) the creation, alteration, control or maintenance of cargo documentation or crew or passenger lists by a person who

      • (A) is present at the marine facility or port, or

      • (B) has advance access to the documentation or lists, or

    • (iv) the planning or directing of the movement of cargo or containers at a container terminal, including their loading and unloading into and from vessels; or

  • (h) are a seafarer who has submitted an application for a Seafarer’s Identification Document.

  • SOR/2006-269, s. 22
  • SOR/2014-162, ss. 47, 100

 The holder of a transportation security clearance who has been issued a restricted area pass shall display the pass on their outer clothing and above their waist, with their photograph or other facial image visible at all times when they

  • (a) perform the responsibilities, duties or functions for which a transportation security clearance is required; or

  • (b) enter or remain in a restricted area two.

  • SOR/2006-269, s. 22
  • SOR/2014-162, s. 100

Eligibility

 The following persons may submit an application for a transportation security clearance:

  • (a) any person who is required to obtain a transportation security clearance under these Regulations;

  • (b) any person applying for a job for which a transportation security clearance would be required under these Regulations; and

  • (c) any seafarer who wishes to voluntarily submit an application for a transportation security clearance.

  • SOR/2006-269, s. 22
  • SOR/2014-162, s. 100

Application Requirements

  •  (1) In this section, common-law partner means any person who is cohabiting with the applicant in a relationship of a conjugal nature and has done so for a period of at least one year.

  • (2) An application for a transportation security clearance shall include the following information and documentation, to be used only for the purposes of sections 508 and 509:

    • (a) the applicant’s usual given name used, other given names, surname, all other names used and details of any name changes;

    • (b) the applicant’s date of birth, gender, height, weight, and eye and hair colour;

    • (c) if the applicant was born in Canada, the number and province of issue of their birth certificate, as well as the original of that certificate;

    • (d) if the applicant was born outside Canada, their place of birth, the port and date of entry, and, in the case of a naturalized Canadian or permanent resident, the number and the original of the applicable certificate issued under the Citizenship Actor the Immigration and Refugee Protection Act;

    • (e) in the case of a foreign national, the original of any document that is evidence of their status;

    • (f) the applicant’s passport number, including the country of issue and expiry date, or an indication that the applicant does not have a passport;

    • (g) the addresses of all locations at which the applicant resided during the five years preceding the application;

    • (h) an identification of the applicant’s activities during the five years preceding the application, including the names and street addresses of the applicant’s employers and any post-secondary educational institutions attended;

    • (i) the dates, destination and purpose of any travel of more than 90 days outside Canada or the United States, excluding travel for government business, during the five years preceding the application;

    • (j) the information referred to in subsection (3) respecting the applicant’s spouse or common-law partner, any former spouses or common-law partners;

    • (k) the applicant’s fingerprints, taken by or on behalf of the Minister;

    • (l) a facial image of the applicant for identification purposes, taken by or on behalf of the Minister;

    • (m) a statement signed by the marine facility operator or port administration certifying that the applicant requires or will require a transportation security clearance and specifying the reasons for that requirement; and

    • (n) a statement signed by the person responsible for taking the fingerprints of the applicant certifying that they have confirmed the identity of the applicant in accordance with paragraph 384(3)(a) at the time of the taking of the fingerprints.

  • (3) The information required with respect to any of the persons referred to in paragraph (2)(j) shall be

    • (a) in the case of the spouse or common-law partner of the applicant, the following information:

      • (i) their gender, full given name, surname and, if applicable, maiden name,

      • (ii) their date and place of birth and, if applicable, date of death,

      • (iii) if born in Canada, the number and province of issue of their birth certificate,

      • (iv) if born outside Canada, their place of birth, their nationality and the port and date of entry into Canada, and

      • (v) their present address, if known; and

    • (b) in the case of former spouses and common-law partners with whom the relationship ended within the preceding five years, the information referred to in subparagraphs (a)(i), (ii) and (v).

  • (4) The application for a transportation security clearance shall be valid only if signed by the applicant or, in the case of an applicant who is a minor under the laws of the province where they reside, by a parent or guardian or tutor.

  • (5) Personal information that is provided in the application for the transportation security clearance and that resulting from the checks and verifications shall not, without the written consent of the individual to whom it relates, be disclosed by the Minister to the government of a foreign state except

    • (a) 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

    • (b) 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.

  • SOR/2006-269, s. 22
  • SOR/2014-162, s. 100

Submission of Application

  •  (1) Subject to subsection (2), every application for a transportation 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
  • SOR/2014-162, s. 100

Clearance Process

Checks and Verifications

 On receipt of a fully completed application for a transportation 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
  • SOR/2014-162, s. 100

Minister’s Decision

 The Minister may grant a transportation 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 transportation security clearance.

  • SOR/2006-269, s. 22
  • SOR/2014-162, s. 100
 
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