Although Transport Canada oversees port security, the Committee learned that the port authority is responsible for security at the port and the terminal operator is generally responsible for security at its terminal.

National supervisory authorities shall keep and maintain access to, the appropriate records related to their safety oversight processes, including the reports of all safety regulatory audits and other safety-related records related to certificates, designations, the safety oversight of changes, safety directives and the use of recognised organisations.

(8) Ships which have been refused access to Member States' ports under Council Directive 95/21/EC of 19 June 1995, concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) [4] or which have been detained more than once following an inspection in the port during the three years preceding the application for registration should not be able to benefit from the possibility of being transferred under the simplified system to anot ...[+++]her register within the Community.

(5) In accordance with the objective of completing the internal market, which will include the possibility for all licensed railway undertakings meeting the safety conditions to provide services, access rights should, for a transitional period of up to seven years, be extended to licensed railway undertakings for the international transport of goods on a defined network, called the Trans European Rail Freight Network, including access to, and supply of, services in major terminals and ports.

6. Notwithstanding the provisions of paragraph 4, access to a specific port may be permitted by the relevant authority of that port State in the event of force majeure or overriding safety considerations, or to reduce or minimize the risk of pollution or to have deficiencies rectified, provided adequate measures to the satisfaction of the competent authority of such Member State have been implemented by the owner, the operator or the master of the ship to ensure safe entry.

Rather than wrestle with obtuse notions of asymmetrical threats and fluctuating international terrorist threat levels, I shall address the question under the assumption that, to meet the broad security objectives I mentioned earlier, essentially in the context of exercising control over Canadian waters and being able to make the ports secure, the government needs to be able to do are the following. First, apprehend, quarantine, if necessary, and search any vessel and its cargo, including people; second, conduct underwater searches of ships, b ...[+++]erths and access channels; third, conduct explosive ordnance disposal, EOD, operations; fourth, control all movement on the water and ashore within the confines of a port or in a specified coastal area — that is, basically shut down the system, which may be necessary; fifth, transport specialist teams, such as JTF2 and the RCMP teams, to remote locations and offshore installations; sixth, provide physical security for buildings, structures and facilities, such as land line terminals, bridges, locks, radio stations and all the infrastructure that makes the shipping system work; seventh, gather, analyze and disseminate intelligence and operational information; and finally, detain and interrogate suspects.