MTSCP Frequently Asked Questions

Q.1. What is the purpose and rationale for the MTSCP?

A.1. The purpose of the MTSCP is to reduce the risk of security threats by preventing unlawful interference with the marine transportation system by conducting background checks on marine workers who perform certain duties or who have access to certain restricted areas and others, such as ship's pilots, security personnel, and seafarers who have a Seafarer's Identity Document. The MTSCP would enhance the security of the marine transportation system, benefiting the public, passengers, marine workers, and operators of vessels, ports and marine facilities. The MTSCP builds on the experience gained from Transport Canada's program of background security checks for airport personnel, which has been in place at Canada's airports since 1985.

Q.2. When does Transport Canada intend to implement security clearances for port workers?

A.2. Once the regulations are finalized, the first phase of ports will complete the program by December 15, 2007, and the second phase of ports by December 15, 2008.

Q.3. Which ports and marine facilities are covered by the MTSCP?

A.3. The implementation strategy will include container facilities and cruise ship terminals at these Phase I ports: Montreal, Halifax, Vancouver, Fraser River, and North Fraser River, and control centres of the St. Lawrence Seaway Management Corporation, by December 15, 2007. Phase II ports include: Prince Rupert, Victoria, Windsor, Toronto, Hamilton, Québec, Saint John, and St. John's, Newfoundland and Labrador, by December 15, 2008. Additional ports and types of facilities could be added in later phases.

Q.4. Does the MTSCP apply to all workers at ports?

A.4. The MTSCP will apply to persons who work in certain restricted areas, persons performing designated duties, and others, such as marinepilots and seafarer's who wish to obtain a Seafarer's Identification Document (SID). These persons will require a security clearance.

Q.5. What positions require a security clearance under the MTSCP?

A.5. Persons who work in certain restricted areas, and persons performing designated duties, at ports will require a clearance. The duties that are being designated have been identified through an examination of the functions at marine facilities and ports, to identify duties that have the control or influence over the movement of goods or people entering or exiting a marine facility or port, within the marine facility or port, or onto or off of a vessel. The concept does not only focus on whether the person is able to commit an overt act against the marine facility or port, but also whether the person is able to commit an omission which could facilitate an act against marine transportation security. In addition, ship's pilots, wharfingers, and seafarers who apply for a Seafarer's Identity Document will require a security clearance.

Q.6. To which restricted area does the MTSCP apply and why?

A.6. The MTSCP applies to a restricted area two. These include: areas in the marine facilities that contain the central controls for security and surveillance equipment; areas that contain the central lighting system controls; areas that are designated for the loading or unloading of cargo and ships' stores at cruise ship terminals; and, land adjacent to vessels interfacing with cruise ship terminals. This means that persons working in these restricted areas will require a security clearance.

These areas have been identified to require a security clearance for access due to the nature of their operations. Areas that contain controls for security and surveillance are an integral area to the effective security of a port or marine facility, as are the areas for central lighting system controls. Any sabotage to these areas could substantially impair the overall security of the marine facility.

Areas at cruise ship terminals where baggage and ship's stores are loaded or unloaded will also require a security clearance for access. Clearing persons accessing these areas will help reduce the risk of a security incident taking place that would affect a cruise ship or its passengers.

Q.7. What background checks are conducted as part of the security clearance process?

A.7. The program will build on the experience gained from Canada's program of background security checks for airport personnel, which was introduced in October 1985. On receipt of a completed application the following checks would be conducted for the purposes of granting a security clearance: a check of the Canadian Police Information Centre records; a fingerprint based criminal records check for convictions and other dispositions, but not for offences for which a pardon has been granted; a Canadian Security Intelligence Service indices check and a security assessment; and, a check of criminal intelligence databases with the RCMP that checks for known criminal associations.

In addition to these checks, where the applicant is a permanent resident or naturalized citizen, the immigration related information may be verified against data available within Citizenship and Immigration Canada.

Q.8. What information is collected on marine workers by Transport Canada for an application for a security clearance?

A.8. Personal information collected for an application for a security clearanceincludes: full name used, and details of any name changes; date and place of birth, information confirming place of birth; passport information; post secondary school education; residential history; employment history; extended travel (more than 90 days) outside Canada or the USA, for personal or non-governmental business,; and limited information on the applicant's spouse or common-law partner.

Q.9. What is Transport Canada doing to ensure that an applicant's privacy rights are protected?

A.9 The Government of Canada is bound by the Privacy Act, which protects the rights of individuals. Therefore, Transport Canada will ensure that the MTSCP is compliant with privacy and human rights legislation.

The Privacy Act sets out rules that must be followed relating to the handling and collection of personal information. Whenever a program collects personal information, Treasury Board guidelines require that a Privacy Impact Assessment (PIA) be conducted to examine how the personal information is collected, used, retained and shared. The Office of the Privacy Commissioner also reviews the PIA. Transport Canada has conducted a PIA on the collection and use of personal information under the Transportation Security Clearance Program. This assessment has confirmed that the Marine Transportation Security Clearance Program is compliant with current privacy legislation, and that an applicant's privacy rights are protected under the program.

Q.10. How far back do background checks for a security clearance look?

A.10. The program builds on the experience gained from Canada's program of background security checks for airport personnel, which was introduced in October 1985. Therefore, background checks for clearances look at the last five years of verifiable information for areas such as employment history, residential history, and foreign travel. For other areas, such as criminal records, the entire record is assessed with emphasis placed on the last five years. Some static historical information, such as educational background and full name used, and details of any name changes will also be verified.

Q.11. What criteria is considered for granting or refusing a security clearance?

A.11. The assessment of whether to grant or refuse a security clearance is based on a global evaluation of the information obtained from the background checks and the information provided on the application to determine if a person poses a risk to transportation security. When all the required checks are successfully completed, the applicant could be granted the security clearance. Having a criminal record does not automatically mean that a person would be refused a security clearance. The recommendation whether to grant a security clearance is based on a global evaluation of the information obtained from the applicant and from the background checks, as to whether he/she poses a risk to marine security, in the marine context.

Q.12. What procedural rights are protected during the application process?

A.12. The process of assessing a clearance ensures that a person's procedural rights are protected. If there are no concerns, the Minister or delegated authority would then grant a security clearance.

If concerns are raised, however, the applicant would be notified of these concerns and given the opportunity to make written representations. The applicant would be notified before the Advisory Committee considers the application so that any additional information would be available to the Committee. The written submission to Transport Canada could be prepared by the applicant or by someone on his or her behalf such as a lawyer, union official, or other representative.

The applicant would be allowed a certain period of time to make written submissions and the application would subsequently be assessed after the time limitation has expired.

Q.13. What review or appeal mechanisms exist if a security clearance is refused or cancelled?

A.13. If a clearance is refused or cancelled, the applicant would be informed of the decision and provided with a summary of the reasons supporting the refusal or cancellation. The applicant would have several recourse options.

The proposed amendments to the Marine Transportation Security Regulations (MTSRs) include a reconsideration process. The Office of Reconsideration (OOR) is currently being established in Ottawa. The OOR will be responsible for the security clearance reconsideration process and will be independent of the office making the initial evaluation. It would operate until a longer-term legislative solution is established.

An applicant would also be able to reapply for a security clearancewhere there has been a material change in the applicant's circumstances, which led to the initial refusal or cancellation.

If the reason for refusal or cancellationis based on information from (CSIS), the applicant can address the Security Intelligence Review Committee (SIRC).

Applicants can also make an application to the Federal Court for a judicial review of the Minister's decision to refuse or cancel a security clearance application.

Q.14. Will commercial truck drivers with a FAST card be allowed access to restricted area twos at ports?

A.14. Commercial truck drivers bearing a valid FAST card will be allowed to enter a restricted area two as long as the driver adheres to all of the applicable procedures and requirements identified in the approved marine facility security plan.

Q.15. Will there be a nationally accepted identification document for seafarers or ship's pilots who must access many different marine facilities and ports?

A.15. Under the MTSCP, a security clearance will be valid across Canada, and since the security clearance will be a compulsory requirement to qualify for a Seafarer's Identity Card (SID), marine facilities, ports or the St. Lawrence Seaway Management Corporation could choose to amend their security plans to include the SID documents as part of their access control procedures.

Q.16. How exactly will the Office of Reconsideration (OOR) work?

A.16. Transport Canada is currently establishing the OOR in Ottawa, and it will operate under the Assistant Deputy Minister of Corporate Services. It is, therefore, completely independent from the Safety and Security function of the department, and the original decision-maker. The OOR will provide access to a review process, not an appeal process. The OOR will be administered by a Director who will hire, on a contract basis, independent advisors to review applications for reconsideration. There will be one independent advisor per application. The OOR will seek expert advice when reviewing an application, if required. When the review of the application is complete, the OOR will make a recommendation to the Minister to either confirm or reconsider the original decision on the file. The OOR is intended to provide an expedited and inexpensive process as an alternative to the Federal Court of Appeal.

Q.17. How can I get more information on the OOR?

A.17. The OOR can be reached as follows:

• Local phone number (613) 949-8633 (collect calls accepted)
• or 1-866-651-3078 (North America)
• E-mail address: reconsideration/reesamen@tc.gc.ca

More information on the OOR will also be available shortly on Transport Canada's website. Also, the OOR will supply information pamphlets at the enrolment sites where they can be readily available to individuals when applying for a security clearance.

Q.18. Will I have to mail away my original identification documents (birth certificate, passport, etc.), to Transport Canada when I apply for a security clearance? How long will Transport Canada need my original documents and when will I get them back?

A.18. All original identification will be verified and documented at the enrolment site at the time of application and returned to the applicant. Transport Canada will not retain the applicant's original identification documents.