Posted April 6, 2005 

Ottawa, ON – The absence of consensus among Transport Canada and the Maritime Industry is stalling needed security improvements at Canada’s ports, according to labour and business groups.

After more than 18 months of discussion, there is still no agreement on a workable marine security regulation that delivers real security at Canada major and smaller ports.  The Marine Facilities Restricted Areas Access Clearance Program, part of Transport Canada’s implementation of the International Ship and Port Facility Security (ISPS) Code, remains seriously flawed.

“Transport Canada’s proposed regulation includes invasive and arbitrary background checks on port workers that go well beyond assessing national security risk and divert precious resources from effective security initiatives such as enhanced policing,” said Frank Pasacreta, President of the British Columbia Maritime Employers Association (BCMEA).

The BCMEA is troubled that Transport Canada’s proposed regulations pose a significant risk to the competitiveness of Canada’s ports, through additional delays, restricting the industry’s ability to meet demand, and ultimately, driving business south.

Unions representing port workers are also concerned the regulations will alienate the very people who traditionally have been on the front lines of port security.

“We have a vested interest in secure and safe ports, because our livelihoods depend on it.  That’s why we’re urging Transport Canada to enhance policing and address other security gaps at the ports like the absence of waterside security and inadequate container screening,” said Tom Dufresne, President of the International Longshore and Warehouse Union of Canada.

Employers and unions have several concerns with Transport Canada’s proposed regulation:

1.                  Invasive and excessive background checks will take months to complete and are inconsistent with the rule of law in Canada.

2.                  Delays and restrictions will harm the competitive position of Canada’s ports. 

3.                  Subjective criteria, such as “reasonable suspicion” means that many innocent people are likely to be negatively affected.

4.                  Absence of an independent and transparent appeal process leaves honest Canadians who are wrongfully accused with no real protection.

5.                  Information collected on marine personnel will be shared with others and will be difficult to safeguard from abuse.

Widespread concern with Transport Canada’s proposed regulations is growing.  Many labour and business groups have called for more talks to build a consensus around effective and workable marine security regulations.

Positive proposals have been made to improve Transport Canada’s draft regulations including:

1.                  Enhance law enforcement and other security measures to improve container screening, secure the waterside of vessels in port and improve security at Canada’s small commercial ports;

2.                  Implement progressive and graduated background screening to streamline the process and retain Transport Canada’s ability to conduct more in-depth assessments.

3.                  Clearly define the criteria and rationale for screening process decisions.

4.                  Provide an independent and transparent appeals process to protect those who are wrongfully accused.

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