Intermodal Surface Security and Emergency Preparedness - Oversight Program Description and Delivery - Fiscal Year 2023-2024

Table of Contents

1. Overview of the Program, Operating Context and Environment
2. Considerations and Drivers for Oversight Activities Priorities
3. Oversight Delivery in 2023-24
4. Organizational Contact information
5. Annex A: Definitions

1. Overview of the Program, Operating Context and Environment

Transport Canada’s Intermodal Surface, Security and Emergency Preparedness Directorate (ISSEP) has 2 oversight programs:

• the Security Screening Programs and
• the Intermodal Surface Security Oversight Program

The Security Screening Programs assesses risks posed by individuals who require access to restricted areas of airports and marine ports due to the nature of their work, and marine workers who conduct certain functions. These Regulatory Authorizations are conducted under the Transportation Security Clearance (TSC) and the Marine Transportation Security Clearance (MTSC) programs which mitigate against unlawful acts of interference with these sectors by conducting background and security checks on individuals who have access to restricted areas of the airport/marine ports or perform certain duties to the standards set out in the respective program. 

The Intermodal Surface Security Oversight Program works with stakeholders to improve the security of Canada’s intermodal and surface transportation systems. It focuses on the security of Canada’s passenger and freight railways, urban transit, and international bridges and tunnels.

The Intermodal Surface Security Oversight Program prioritizes inspections using a risk-based process, which helps to determine where and how best to use resources. This risk-based approach is especially valuable since the program has limited oversight resources.

The Intermodal Surface Security Oversight Program is guided by:

• the Transportation of Dangerous Goods by Rail Security Regulations
• the Passenger Rail Transportation Security Regulations
• the Memorandum of Understanding between Transport Canada and the Railway Association of Canada; and,
• the Memoranda of Understanding between Transport Canada and owners and operators of international bridges and tunnels.

Program work includes:

• reviewing security plans, risk assessments and other related materials;
• inspecting railway sites and facilities that fall under the regulations and the memorandum of understanding to make sure they comply with the regulatory requirements; and
• inspecting international bridges and tunnels to make sure they are following the requirements in the memoranda of understanding they have signed.

Key changes in the external operating environment

As the travel and public health restrictions from the COVID-19 pandemic have lifted, we expect a more stable oversight period in 2023-24.

The TSC Program are strongly influenced by the state of the transportation industry. With the gradual easing of Covid-19, there has been a significant increase in TSC applications, surpassing the levels observed pre-pandemic. Post-pandemic volumes have far exceeded target, with over 64,000 TSCs processed (up 25% from pre-pandemic levels and 74% from previous fiscal year volumes). 

The Intermodal Surface Security Oversight Program is expecting to do more on-site inspections than desktop/remote inspections. The program continues to evolve in order to respond to new and emerging threats to Canada’s critical infrastructure.

2. Considerations and Drivers for Oversight Activities Priorities

Considerations

The priorities of the Transportation Screening Clearance (TSC) Program are strongly influenced by the state of the transportation industry.   

To improve the efficiency and effectiveness of the TSC Program, SSP collaborates with industry stakeholders to advance the development of a modernized service model referred as the "Transportation Security Services (TSS)" for the Transportation Security Clearance Program and the Marine Transportation Security Clearance Program, which conduct checks and verifications, in cooperation with security partners, of individuals who are required to obtain a TSC, for the purpose of assessing whether an applicant meets the required standards as well as their suitability to hold a TSC.     

The TSS will enable efficiencies such as reducing data entry errors, streamlining data validation, improving functionality for applicants and enrollment sites, reducing the level of effort, including improving the expedition of preliminary stages in the TSC process, while supporting effective and efficient clearance processing.   

The Intermodal Surface Security Oversight Program plans its oversight activities in order to maximize efficiency and minimize travel costs. For example:

• the program plans multiple inspections in a single trip in order to maximize its resources.
• when possible, inspectors drive fleet vehicles instead of using commercial airlines.
• when possible, some inspections are done remotely instead of in-person (for example, comprehensive inspections).

Drivers

Driver for the Security Screening Program:  Ministerial priorities

The Aeronautics Act and the Marine Transportation Security Act give the Minister the authority to oversee the aviation and marine transportation security clearance programs. As such, the Minister can grant, suspend or deny applicants a clearance.

Driver for the Intermodal Surface Security Oversight Program:  Ministerial priorities

The Railway Safety Act and the Transportation of Dangerous Goods Act give the Minister the authority to regulate rail security across Canada. There are also other drivers for this program, including:

• security risks related to railway operations
• oversight of the requirements in both the Transportation of Dangerous Goods by Rail Security Regulations and the Passenger Rail Transportation Security Regulations
• oversight of the requirements in the Memoranda of Understanding with the Railway Association of Canada, and owners and operators of international bridges and tunnels

The rail security programs were fully implemented during 2022-23, and we will continue to provide oversight of them in 2023-24.

3. Oversight Delivery in 2022-23

The delivery of oversight activities, such as planned risk-based inspections and reactive inspections, will be reported through the Canadian Center on Transportation Data (CCTD). 

CCTD link to be added by SPMS

4. Organizational Contact information

Transport Canada welcomes your comments on this report.

Email: TC.SSPManagement-GestionduPFS.TC@tc.gc.ca for information on our security screening programs.

Email: TC.Railsecurity-sureteferroviaire.TC@tc.gc.ca for information on our intermodal surface security oversight programs.

Link to summary data on CCTD site: CCTD-ISEEP

Annex A: Definitions

Required Field	Description
Oversight	How Transport Canada promotes, monitors or enforces compliance with our safety and security requirements.
Regulatory authorizations	Given when a regulated party (for example, a railway company or vehicle manufacturer) applies for permission to do a regulated activity, or be exempt from it. We may give permission in various forms, including a permit, licence or certification. Transport Canada does not control the number of regulatory authorizations per planning cycle.
Inspection	A documented, formal examination of industry compliance with Canadian transportation safety and security rules, regulations and requirements. Authorized Transport Canada officials record the results of each inspection. For the purposes of this document, audits are a type of inspection. *Includes pre-site, onsite, and post-site inspection and oversight activities. Is complete when the inspector submits an approved inspection or oversight activities report. Does not include follow-up action, quality control checks or outreach activities.
Planned, risk-based inspections	All inspections Transport Canada initially commits to doing in a given planning cycle. The SO3 Management Board may authorize updates as needed. *Include inspections that are announced (and expected), and those that are unannounced. Does not include: estimated numbers of demand-driven activities, such as regulatory authorizations “reactive” or “opportunity” inspections that happen because of a change in oversight
Follow-up activities	Arise from findings of an initial inspection. May include an on-site inspection, requests for more information, or enhanced monitoring. *Do not include enforcement.
Other activities	Oversight activities that Transport Canada did not initially commit to in a planning cycle, and are not a follow-up to an inspection or audit.
Enforcement	Measures we use to enforce requirements and compel compliance. For example: letters of non-compliance directions or orders ticketing notices of violation administrative monetary penalties prosecutions suspensions or cancellations of certificates or authorizations
Education, outreach and awareness	How we educate the public, and encourage people and companies to comply with the law (for example: industry conferences, air shows, training, web portal)
Quality control	How we ensure inspectors follow policies and procedures, and complete required documentation. Applies to an entire oversight activity, from inspection, to follow-up, to resolving non-compliance. Supervisors and managers are responsible for quality control. Each program must have: a documented, nationally consistent way of doing quality control a procedure or set of procedures to ensure inspections follow approved standard operating procedures