File Number: 4203-60
Temporary extension of the validity period of Transportation Security Clearances (TSC) and Restricted Area Passes (R1 and R2) due to COVID-19
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Purpose
The purpose of this bulletin is to notify regulated Canadian marine entities of the temporary extension of the validity of Transportation Security Clearances in the marine mode and Restricted Area Passes (R1 and R2) that expire between July 06 and August 31, 2020, in light of the current Coronavirus COVID-19 global pandemic.
Background
On March 11, 2020, the World Health Organization (WHO) declared the Coronavirus COVID-19 outbreak a pandemic.
The Public Health Agency of Canada (PHAC) and public health authorities of local jurisdiction are leading the response to the current Coronavirus COVID-19 public health event. Transport Canada is supporting the response in the marine transportation mode.
Transport Canada Marine Security Operations is supporting the promotion of social distancing efforts to reduce the amount of close personal interactions required at Canadian Marine Facilities and Ports to process and issue Restricted Area Passes and Transportation Security Clearances.
Guidance
Considering the current exceptional circumstances brought on by the global pandemic caused by the Coronavirus disease (COVID-19) and the imperative need to promote social distancing in the workplace, Transport Canada Marine Security Operations is providing regulatory relief (exemption) to holders of a TSC who meet certain conditions, and whose clearance expires between July 06, 2020 and August 31, 2020 inclusively.
Holders of a TSC in the marine mode which expires between July 06, 2020 and August 31, 2020 inclusively are granted an exemption from sections 503 and 512 of the MTSR for a period of 90 days from the date of expiry, and are deemed to have a transportation security clearance for the purposes of the Marine Transportation Security Regulation (MTSR) for the same period. TSC holders are not covered by the exemption if;
- The TSC is under review by Transport Canada Security Screening Program;
- The TSC is subject to sanction including suspension or cancellation; and
- The holder of the TSC has been served with a notice under subsection 515(1) of the MTSR prior to the expiry date mentioned on the TSC.
Transport Canada Marine Security Operations is also providing regulatory relief to the operators of Canadian Marine Facilities and Ports as well as holders of Restricted Area Passes whose passes expire between July 06, 2020 and August 31, 2020 inclusively. Restricted Area passes are extended for a period of 90 days from the date of expiry. The restricted area passes include:
- Restricted area passes;
- Restricted are two passes
Transport Canada Marine Security Operations may extend the terms of the exemptions beyond November 30, 2020. Should this be necessary, regulated Canadian marine stakeholders will be informed of such an action prior to the expiry of the 90 day extension.
Annex 1 and 2 of this bulletin provides two (2) examples to facilitate understanding of the impact of these extensions.
Any comments, suggestions or concerns can be addressed to the Director, Marine Security Operations by e-mail at: dirops.marsec-sumar@tc.gc.ca
Original Signed by:
Malick Sidibé
Director
Marine Security Operations
Date: May 07, 2020
Annex 1 - MTSC and RAP extensions
First extension
Effective April 6, all existing valid Marine Transportation Security Clearances (MTSC) and Restricted Area Passes (RAP) with an expiry date up to, and including July 06, 2020, have been extended an additional 90 days.
Second extension
Effective May 7, all existing MTSCs and RAPs with an expiry date up to, and including August 31, 2020, including those extended above will be extended an additional 90 days.
The following illustrates possible cases:
|
MTSC/RAP original expiry date - all MTSC/RAPs set to expire between April 6 and July 6 were extended 90 days |
First extension new expiry date |
Second extension new expiry date |
|---|---|---|
|
April 6, 2020 |
July 6, 2020 |
October 6, 2020 |
|
May 6, 2020 |
August 6, 2020 |
November 6, 2020 |
|
June 6, 2020 |
September 6, 2020 |
Second extension does not apply |
|
July 6, 2020 |
October 6, 2020 |
Second extension does not apply |
|
August 6, 2020 |
First extension did not apply |
November 6, 2020 |
Annex 2 – Examples
Example 1:
The restricted area pass or Transportation Security Clearance (TSC) was set to expire on May 01, 2020 and was covered under the first exemption issued on April 06, 2020. As a result of the initial exemption, the restricted area pass or TSC received a new expiry date of August 01, 2020 (90 days). Because the new expiry date falls within the range covered by the second exemption (July 06, 2020 to August 31, 2020), the new expiry date will be set to November 01, 2020.
Example 2:
The restricted area pass or TSC has a current expiry date of August 01, 2020. Because the expiry date falls within the dates covered by the second exemption (July 6 to August 31, 2020), the new expiry date will be set to November 01, 2020.
In this example the initial exemption issued on April 06, 2020 does not apply.