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Marine Transportation Security Regulations

Version of section 506 from 2006-11-02 to 2014-06-18:

  •  (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 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 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 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 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
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