LONGSHOREMEN unions representing marine industry workers in Canada are
up in arms on over new security clearance regulations that will kick in
on a phased basis in mid-December.
The toughened regime elaborated by Transport Canada will affect some 10,000 dockworkers and other marine industry personnel by the time the second phase is implemented a year later.
Effective from December 15, security clearances will be required by workers at the container ports of Montreal, Halifax, and Vancouver, as well as at the ports of Fraser River and North Fraser River in British Columbia. The regulations will also be applied at the control centres in Canada of the St Lawrence Seaway.
The second phase will extend the program to the ports of Prince Rupert, Victoria, Windsor, Toronto, Hamilton, Québec, Saint John and St. John’s, with the implementation date set for December 15, 2008.
Transport Canada released its finalised regulations in mid-September, giving the several thousand workers affected in the first phase of the program three months to complete the application process, or risk being disallowed to enter port territory.
“The program will further secure Canada’s ports against terrorist and organised crime activities, while ensuring the continued competitiveness of our marine industry in an increasingly global environment,” said Lawrence Cannon, Minister of Transport, Infrastructure and Communities.
Initial draft regulations had drawn widespread criticism from docker unions for allegedly trampling on basic individual rights. Following consultations, the amended measures contained improved privacy protection plus an appeal mechanism, but this has not been enough for the unions concerned.
In an interview with Lloyd’s List, Tom Dufresne, Vancouver-based president of the Canadian Maritime Workers Council and of the 3,500-member Canadian division of the International Longshore and Warehouse Union, said the new regulations amount to a violation of Canada’s Charter of Rights and Freedoms.
“In the first week of October, we are raising various issues with the Canada Industrial Relations Board at hearings in Vancouver,” he said, adding that the workers council is trying to obtain a meeting with Mr Cannon “very soon”.
Mr Dufresne also said the regulations are “discriminatory” against workers not born in Canada. “About 40% of our workers were born outside Canada, and it could take between three and nine months for the proper documents to be processed.”
In Halifax, Rob Bonner, president of Local 269 of the International Longshoremen’s Association, objected to the fact that information required from applicants included details on past or current spouses and common-law partners. “Our spouses are not working on the docks,” he said.
The Marine Transportation Security Clearance Program (MTSCP) represents a Canadian response to the 9/11 terrorist attacks in the US and the IMO’s International Ship and Port Facility Security code. The past few years have seen the Canadian authorities allocate more than C$1bn ($1bn) to marine security enhancement.
Under the program, port workers will require clearance to gain access to certain restricted areas. These include: areas in marine facilities that contain central controls for security and surveillance equipment; areas that contain the central lighting area controls; areas that are designated for loading and unloading of cargo and ship stores at cruise ship terminals; and land adjacent to vessels interfacing with cruise ship terminals.
In addition, marine personnel occupying certain positions or responsible for specific duties, such as licensed pilots, harbour master or wharfingers, will require security clearance. Transport Canada has consulted stakeholders since January 2003 on a program that builds on the experience gained on background security checks for airport personnel in effect since 1985.
In order to obtain clearance, applicants must report to an enrolment site at the appropriate port administration to submit an application package. This application is to be passed on to Transport Canada which will then conduct a background check - notably to identify any criminal record — in concert with the Royal Canadian Mounted Police and the Canadian Security Intelligence Service.
An appeal process through the so-called Office of Reconsideration will be available to applicants whose clearance has been rejected or cancelled. However, Mr Dufresne said that “this appeal mechanism is still not independent of Transport Canada.”