Part I - Policy
The aim of the Transportation Security Clearance Program Policy is the prevention of unlawful acts of interference with civil aviation by the granting of clearances to persons who meet the standards set out in this Program.
1) In this document:
- "airport security manager" means the most senior official of the airport directly responsible for security;
- "applicant" means an individual who applies for a clearance;
- "Advisory Body" means the Transportation Security Clearance Advisory Body
- "clearance" means an authorization granted as the result of checks conducted on a person for security purposes
- "CPIC" means the Canadian Police Information Centre;
- "CSIS" means the Canadian Security Intelligence Service;
- "Deputy Minister" means the Deputy Minister of Transport Canada;
- "foreign national" means a national of any country, other than Canada, who has entered Canada without the intent of establishing permanent residence in Canada and who did not obtain entry under the North American Free Trade Agreement;
- "listed airport" means an airport set out in the CATSA Aerodrome Designation Regulations;
- "Minister" means the Minister of Transport Canada;
"official" means a person who signs applications for restricted area passes or clearances and is
- a) a director of a company or a person authorized by the director, if the person is signing on behalf of the company; or
- b) a partner of a partnership or a person authorized by a partner, if the person is signing on behalf of the partnership.
- “preclearance area” means an area designated as a Preclearance Area in Canada in accordance with s. 6 of the Preclearance Act, 2016 and Canada’s obligations under the Article III of the Agreement on Land, Rail, Marine and Air Transport Preclearance (LRMA);
- "Program" means the Transportation Security Clearance Program Policy;
- "representative of a foreign manufacturer of aircraft" means a person who is not a Canadian citizen or a landed immigrant and who is retained by a foreign manufacturer of aircraft to conduct after sales service in Canada to aircraft newly purchased by a Canadian air carrier;
- "restricted area pass" means a restricted area pass as defined in the Aerodrome Security Regulations;
- "security clearance" means a security clearance granted under the Policy on Government Security;
- "security inspector" means a Transport Canada Security and Emergency Preparedness official who has been authorized to exercise and perform the powers, functions or duties of a security inspector;
- "supervisor of the Airport Pass Control Office" means the most senior person responsible for the operation of the Airport Pass Control Office.
- 2) In this document, a reference to the Minister includes a reference to the Deputy Minister.
- 3) In this document, a reference to the Director, Security Screening Programs includes a reference to a Transport Canada official who has been authorized to exercise and perform any of the duties or functions of the Director, Security Screening Programs.
The following conditions apply to clearance applications made pursuant to this Program:
- 1) Anyone who requires a clearance shall make an application to the Minister in the manner prescribed by the Minister;
- 2) No application shall be receivable unless the Director, Security Screening Programs is satisfied that all information required by the application has been provided to the Minister and that such information can be verified to the Minister’s satisfaction; and
- 3) For the purpose of subsection (2), information provided by the applicant must be adequate, reliable and verifiable covering a period of five years prior to the application being made.
The objective of this Program is to prevent the uncontrolled entry into a restricted area of a listed airport by any individual who
- 1) is known or suspected to be involved in activities directed toward or in support of the threat or use of acts of serious violence against persons or property;
- 2) is known or suspected to be a member of an organization which is known or suspected to be involved in activities directed toward or in support of the threat or use of acts of serious violence against people or property;
3) is suspected of being closely associated with an individual who is known or suspected of
- being involved in activities referred to in paragraph (1);
- being a member of an organization referred to in paragraph (2); or
- being a member of an organization referred to in subsection (5) hereunder.
4) the Minister reasonably believes, on a balance of probabilities, may be prone or induced to
- commit an act that may unlawfully interfere with civil aviation; or
- assist or abet any person to commit an act that may unlawfully interfere with civil aviation.
- 5) is known or suspected to be or to have been a member of or a participant in activities of criminal organizations as defined in Sections 467.1 and 467.11 (1) of the Criminal Code of Canada;
- 6) is a member of a terrorist group as defined in Section 83.01 (1)(a) of the Criminal code of Canada.
Any person who is denied a clearance, or any person whose clearance is suspended or cancelled, shall be advised in writing of
- 1) the refusal, cancellation or suspension; and
- 2) the reason or reasons for the refusal, cancellation or suspension unless the information is exempted under the Privacy Act; and
- 3) the right to redress.
This Program shall be administered by the Director of Security Screening Programs Branch of Transport Canada.
I.7 Exceptions for Extraordinary Situations
Certain individuals may be deemed to hold a clearance if they meet the Standards set out in this Program.
I.8 The Advisory Body
An Advisory Body shall review applicant's information and make recommendations to the Minister concerning the granting, refusal, cancellation or suspension of clearances.
I.9 The Review Panel
A Review Panel shall, in the case of an applicant under the purview of section 1.3, review all the information provided by the applicant with a view of making a recommendation to the Minister as to whether:
- 1) The application and information requirements of Section 1.3 have been met. In this case, a decision will be made to continue processing the file, or
- 2) The application and information requirements of Section 1.3 have not been met, and sufficient time has been provided for the applicant to provide the information. In this casea decision will be made to stop working on this file.
This decision will be communicated to the applicant.