Part II - Standards
Any person who requires access to the restricted areas of the aerodromes. The following persons may submit an application for a security clearance:
- any person who is required to obtain a Restricted Area Identity Card (RAIC);
- any person who is applying for a job for which a security clearance would be required;
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II.2 Reserved for future use
Enrolment Site Personnel
All enrolment site personnel at listed airports shall hold security clearances or clearances.
II.4 Reserved for future use
A security clearance is deemed to be held by a serving member of
- any police personnel responsible for policing at the airport;
- the Canadian Security Intelligence Service while the member is on duty at a listed airport;
- any Government of Canada employee while on duty at a listed airport, once the security clearance has been confirmed.
The following documentation must accompany the application
- A certificate signed by an official of the foreign government, foreign air carrier or foreign company stating that:
- the applicant is an employee of the government, air carrier or company; and the applicant's presence in the restricted area will not constitute a threat to transportation security.
- Documentation issued by Citizenship and Immigration Canada indicating that the applicant complies with the requirements of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations.
- A photo-bearing identification document issued by the company or government concerned.
- Where applicable a letter of introduction signed by an official of the foreign manufacturer to the client Canadian air carrier stating that:
- the applicant is a representative of the foreign manufacturer; and
- the customary reliability checks of the applicant were conducted by the foreign manufacturer.
- Where applicable a letter from the Canadian air carrier attesting that the representative's presence in the restricted area is necessary to meet the conditions of after sales service and stating the expiry date of the service agreement.
- Where applicable a certificate signed by an official of the Canadian air carrier stating that the foreign national has been directly employed by the Canadian air carrier or by the foreign company for the previous five years.
Diplomatic or Consular Courier
The following documentation must accompany the application where the applicant is a diplomatic or consular courier who requires access to a restricted area for the purpose of receiving diplomatic and consular bags and mail:
- a valid photo-bearing identification card issued to the diplomatic or consular courier by the Office of Protocol of the Department of Foreign Affairs and International Trade; and
- a valid foreign passport bearing an "Acceptance" sticker issued by the Department of Foreign Affairs Canada; and
- a letter signed by the head of the mission or consular post of the foreign country stating that the applicant is a citizen of the country assigned by that foreign government to work for the diplomatic mission or consular post in Canada as a diplomatic courier.
II.8 Reserved for future use
Exceptions for Extraordinary Situations
- Subject to subsection (2) where the Director General, Security and Emergency Preparedness has deemed any individual or a class of individuals to hold security clearances pursuant to I.7, the deemed security clearances are valid for not more than 30 days.
- The Director General, Security and Emergency Preparedness may extend for not more than 30 days the deemed security clearance of any individual or member of the class of individuals who has submitted to the Director, Security Screening Programs a completed application for a security clearance.
II.10 Reserved for future use
Holders of a transportation security clearance
- Enrolment site personnel shall seek confirmation of whether an applicant is the holder of a valid transportation security clearance by means of a telephone conversation with an employee of Transport Canada's Security Screening Programs Branch.
- A transportation security clearance issued in respect of an applicant at any listed airport is transferable to any other listed airport during the period of validity if confirmation has been obtained in accordance with subsection (1).
II.12 Reserved for future use
II.13 Reserved for future use
II.14 Reserved for future use
- An application for a clearance shall be accepted only if the
- application form is certified by a sponsor of the company or partnership that employs the individual or intends to employ the individual; and
- certification states that the applicant is an employee of that company or partnership or an applicant for such employment; and
- results of reliability checks by the company or partnership, if any, have been satisfactory.
- For purposes of subsection (1) (c), checks conducted for the purpose of a Reliability Status shall include confirmation by the requesting authority of the applicant’s identity and date of birth.
II.16 Reserved for future use
Identification of Applicants
- An application for a security clearance shall be accepted only after reasonable proof of identity has been provided to the Supervisor of the Enrolment site.
- An applicant shall only be fingerprinted after proof of identity is established by the Enrolment site personnel and by the person who takes the fingerprints.
- For the purposes of subsection (2), the following are considered to be prima-facie proof of identity,
- a valid photo-bearing employee identification card issued by an employer known by the Supervisor of an Enrolment site;
- a valid photo-bearing identification card or document issued by the Government of Canada or by any Province, Territory or municipality in Canada.
II.18 Reserved for future use
- The following checks shall be conducted for the purpose of granting a security clearance:
- a fingerprint-based criminal records check;
- a check of the relevant files of law enforcement agencies, including intelligence gathered for law enforcement purposes; and
- a CSIS indices check.
- The following checks may be conducted for the purpose of granting a security clearance:
- a check of the applicant's immigration and citizenship status; and
- a security assessment by CSIS if necessary.
- No application shall be processed unless the applicant has submitted all information required by the Director, Security Screening Programs.
- Consent for the checks referred to in subsection (1) may be given only by an individual who has reached the age of majority as determined by Provincial or Territorial Law.
- Where an applicant has not reached the age of majority, the signature of a parent or guardian is required.
- Where an application has been signed by a parent or guardian, the Supervisor of the enrolment site shall take reasonable steps to ensure the authenticity of the person claiming the relationship.
II.20 Reserved for future use
Duration of Security Clearance
Unless reduced for cause by the Advisory Body, a security clearance remains valid for a period not exceeding five (5) years.
II.22 Reserved for future use
Cancellation of Security Clearance
- The Supervisor of the enrolment site shall notify the Director, Security Screening Programs in writing when a security clearance is no longer required by its holder.
- A security clearance will be cancelled upon receipt of notification in accordance with subsection (1).
- All information relating to the holder of a security clearance that is required under this Program shall be retained for a period of two years after the employee's departure or after the security clearance is expired, refused, suspended or cancelled.
- All information referred to in subsection (3) shall be disposed of in accordance with the Government Records Disposal Schedule.
II.24 Reserved for future use
The Director, Security Screening Programs may from time to time issue bulletins known as "Security Screening - Information Bulletin" and
- the contents of these bulletins are considered to be part of this Program; and
- the requirements of such bulletins shall take effect on the date specified in the bulletins.
II.26 Reserved for future use
Notification of Delay
The Airport Security Manager may be notified in writing of a delay in the security clearance process that is caused by a review or any other reason and that is expected to exceed 45 days.
II.28 Reserved for future use
- A request may be made to update the security clearance pursuant to II.19 (1)&(2) where the Director, Security Screening Programs has reason to believe that a review of a security clearance may be appropriate.
- Where information is made available that raises doubts as to the appropriateness of the holder retaining a security clearance, the Director, Security Screening Programs may suspend the holder’s security clearance and shall inform the holder in writing and the aerodrome operator.
II.30 Reserved for future use
The Advisory Body
- The Advisory Body shall consist of the Director, Security Screening Programs, who is the Chairperson, and at least two other members selected by the Director, Security Screening Programs based on his or her familiarity with the aim and objective of the Transportation Security Clearance Program.
The Review Panel
The Review Panel shall consist of the Director, Security Screening Programs who is the Chairperson, and at least one other member selected by the Director, Security Screening Programs based on his or her familiarity with the aim and objective of the Transportation Security Clearance Program.
Convening the Advisory Body
The Director, Security Screening Programs shall convene the Advisory Body when:
- CSIS has recommended the refusal or cancellation of a security clearance;
- the Director, Security Screening Programs believes there is sufficient information available to consider whether the applicant's suitability is consistent with the aim and objective of the Program; or
- the Director, Security Screening Programs has suspended a security clearance.
Convening the Review Panel
The Director, Security Screening Programs shall convene the Review Panel when:
- the Director, Security Screening Programs will review information provided by an applicant to determine whether it is sufficient, reliable and verifiable to proceed or to allow an applicant to re-apply.
Cancellation or Refusal
- The Advisory Body may recommend to the Minister the cancellation or refusal of a security clearance to any individual if the Advisory Body has determined that the individual’s presence in the restricted area of a listed airport would be inconsistent with the aim and objective of this Program.
- In making the determination referred to in subsection (1), the Advisory Body may consider any factor that is relevant, including whether the individual:
- has been convicted or otherwise found guilty in Canada or elsewhere of an offence including, but not limited to:
- any indictable offence punishable by imprisonment for more then 10 years,
- trafficking, possession for the purpose of trafficking or exporting or importing under the Controlled Drugs and Substances Act,
any offences contained in Part VII of the Criminal Code - Disorderly Houses, Gaming and Betting,
- any contravention of a provision set out in section 160 of the Customs Act,
- any offences under the Security Of Information Act; or
- any offences under Part III of the Immigration and Refugee Protection Act;
- is likely to become involved in activities directed toward or in support of the threat or use of acts of serious violence against property or persons.
If the Minister refuses to grant or cancel a security clearance, an applicant may submit a new application only if:
(a) a period of five (5) years has elapsed after the day of the refusal or cancellation; or
(b) a change has occurred in the circumstances that led to the refusal or cancellation.
Outstanding Criminal Charges
When the Director is considering an applicant in respect of whom there is an outstanding ciminal charge, the Director may
- defer the matter sine die until such time as the Court has disposed of the outstanding charge; or
- grant the security clearance, where the Director determines that the outstanding charge would not lead to a refusal of the security clearance application.
II.38 Reserved for future use
- Where at the time an application is reviewed there is a doubt as to the future conduct of the individual, the Advisory Body may recommend to the Minister to:
- reduce the period of validity of a security clearance; and
- An interview conducted pursuant to paragraph (1) shall include
- review of the adverse information against the applicant;
- a statement by the inspector or representative advising the applicant that the retention of the security clearance is subject to the applicant’s future conduct; and
- an undertaking by the applicant to be of good behaviour.
- When the applicant is not amenable to an interview pursuant to paragraph II.39 the applicant is deemed to have failed to have provided information required under subsection II.19.
- The results of the interview shall be documented by the inspector or representative and submitted to the Director, Security Screening Programs for final review.
II.40 Reserved for future use
Notification of a Refusal or Cancellation
- Where the Minister has refused or cancelled a security clearance, a notice shall be given to the individual and to the Airport Security Manager.
- The notification to the applicant that a security clearance is refused or cancelled shall refer to the redress described in section II.45 and shall be sent by registered mail to the last known address.
II.42 Reserved for future use
Notification of a Suspension or the Continuation of a Suspension
Where the Director, Security Screening Programs has suspended a security clearance or the Advisory Body has recommended the continuation of the suspension, notice shall be given to the individual and to the Airport Security Manager.
II.44 Reserved for future use
When a security clearance is cancelled or an application for a security clearance is refused an application for review may be directed to the Federal Court of Canada - Trial Division within thirty (30) days of the receipt of the notice of cancellation or refusal.