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Marine Transportation Security Regulations (SOR/2004-144)

Regulations are current to 2020-11-02 and last amended on 2014-06-19. Previous Versions

PART 5Transportation Security Clearance (continued)

[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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