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Canadian Aviation Security Regulations, 2012 (SOR/2011-318)

Regulations are current to 2024-11-11 and last amended on 2023-01-01. Previous Versions

Canadian Aviation Security Regulations, 2012

SOR/2011-318

AERONAUTICS ACT

Registration 2011-12-16

Canadian Aviation Security Regulations, 2012

P.C. 2011-1669 2011-12-15

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71Footnote a and 4.9Footnote b, paragraphs 7.6(1)(a)Footnote c and (b)Footnote c and section 7.7Footnote d of the Aeronautics ActFootnote e, hereby makes the annexed Canadian Aviation Security Regulations, 2012.

Overview

Marginal note:Regulations overview

  •  (1) These Regulations are the principal means of supplementing the legislative framework set out in sections 4.7 to 4.87 of the Act. They are designed to enhance preparedness for acts or attempted acts of unlawful interference with civil aviation and to facilitate the detection of, prevention of, response to and recovery from acts or attempted acts of unlawful interference with civil aviation.

  • Marginal note:Other instruments

    (2) These Regulations are supplemented from time to time by other aviation security regulations and by security measures, interim orders, ministerial orders and emergency directions.

  • SOR/2014-153, s. 1

Marginal note:Structure

 These Regulations are divided into 14 parts: 

  • (a) Part 1 deals with screening authorities and the screening of persons and goods at aerodromes;

  • (b) Part 2 deals with the CATSA security program;

  • (c) Part 3 deals with weapons, explosive substances and incendiary devices;

  • (d) Part 4 deals with security at aerodromes listed in Schedule 1;

  • (e) Part 5 deals with security at aerodromes listed in Schedule 2;

  • (f) Part 6 deals with security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act;

  • (g) Part 7 deals with security at other aerodromes;

  • (h) Part 8 deals with aircraft security;

  • (i) Part 9 is reserved;

  • (j) Part 10 is reserved;

  • (k) Part 11 deals with air cargo;

  • (l) Part 12 is reserved;

  • (m) Part 13 sets out ministerial powers and duties; and

  • (n) Part 14 sets out an administrative monetary penalty scheme for the contravention of certain provisions of these Regulations and the provisions of any security measure.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

accepted cargo

accepted cargo means any cargo in respect of which an air waybill or other similar control document is issued. (fret accepté)

Act

Act means the Aeronautics Act. (Loi)

aerodrome security personnel

aerodrome security personnel means individuals who are employed by the operator of an aerodrome or by one of the operator’s contractors to prepare for, detect, prevent, respond to, and assist in the recovery from, acts or attempted acts of unlawful interference with civil aviation. (personnel de sûreté de l’aérodrome)

agency firearm

agency firearm has the same meaning as in section 1 of the Public Agents Firearms Regulations. (arme à feu d’agence)

baggage make-up area

baggage make-up area means an area of an air terminal building, or an area of a building at an aerodrome that is under an air carrier’s control, where checked baggage is stored. (zone de tri de bagages)

biometric template

biometric template means a template generated by algorithms that encode an identifiable physiological or behavioural characteristic of a person. (modèle biométrique)

border services officer

border services officer has the same meaning as in section 5 of the Preclearance Act, 2016. (agent des services frontaliers)

carry-on baggage

carry-on baggage means any baggage and personal belongings to which a person has or will have access on board an aircraft. (bagages de cabine)

CATSA

CATSA means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act. (ACSTA)

checked baggage

checked baggage means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation. (bagages enregistrés)

combination code

combination code means a series or combination of numbers, letters or other characters that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’accès)

consolidated cargo

consolidated cargo means multiple cargo shipments that originate from more than one original shipper that are consolidated to form one shipment under the air waybill or similar control document. (fret groupé)

crew member

crew member means a person assigned to duty on an aircraft during flight time by the operator of the aircraft. (membre d’équipage)

defensive equipment

defensive equipment means a baton or oleoresin capsicum spray, or both. (équipement défensif)

document of entitlement

document of entitlement means a document that serves as proof of authorization to enter a restricted area. (document d’autorisation)

escort officer

escort officer means

  • (a) a peace officer; and

  • (b) any person authorized by the federal government or a provincial government or any of their agencies to escort a person in custody on a flight. (agent d’escorte)

exigent circumstances

exigent circumstances means circumstances beyond a border services officer’s or a US preclearance officer’s control in which the officer’s continued presence is required to

  • (a) preserve the integrity of an examination or investigation that is underway; or

  • (b) prevent an imminent danger to human life or serious damage to property. (situation d’urgence)

firearm

firearm has the same meaning as in section 2 of the Criminal Code. (arme à feu)

general list of prohibited items

general list of prohibited items means Part 1 of TP 14628, which lists or describes goods that

  • (a) could pose a threat to aviation security;

  • (b) are prohibited as carry-on baggage by the governments of other countries; or

  • (c) are identified by the International Civil Aviation Organization as items that must never be carried in the cabin of an aircraft or taken into a restricted area. (liste générale des articles interdits)

incendiary device

incendiary device means an object, other than a match or pocket lighter, that is fabricated with combustible materials and is designed to inflict burn injuries on individuals or to cause fire damage to property. (engin incendiaire)

inspector

inspector means a person who is authorized by the Minister to carry out an inspection under subsection 8.7(1) of the Act. (inspecteur)

key

key means a key, card or other device, including a functionality that can be added to a restricted area identity card, that is designed to allow access to a restricted area and that is issued to an individual by, or under the authority of, the operator of an aerodrome. (clé)

Minister

Minister means the Minister of Transport. (ministre)

non-consolidated cargo

non-consolidated cargo means a cargo shipment that originates from a single shipper. (fret non groupé)

non-passenger screening checkpoint

non-passenger screening checkpoint means a restricted area access point or a location inside a restricted area where persons other than passengers are screened or can be screened. (point de contrôle des non-passagers)

operator of an aerodrome

operator of an aerodrome means

  • (a) in the case of an aerodrome that is not an airport, the person in charge of the aerodrome, and includes an employee, an agent or a representative of the person in charge of the aerodrome;

  • (b) in the case of an airport, the holder of the Canadian aviation document issued in respect of the airport or the person in charge of the airport, and includes an employee, an agent or a representative of the holder of the Canadian aviation document; and

  • (c) in the case of an aerodrome or part of an aerodrome that is operated by the Minister of National Defence and used by an air carrier, the person in charge of commercial air service operations at the aerodrome. (exploitant d’un aérodrome)

operator of an aircraft

operator of an aircraft means the person who has possession of the aircraft as owner, lessee or otherwise. (utilisateur d’un aéronef)

passenger screening checkpoint

passenger screening checkpoint means a screening checkpoint that is intended primarily for the screening of departing passengers. (point de contrôle des passagers)

peace officer

peace officer means

  • (a) a member of the Correctional Service of Canada who is designated as a peace officer under Part I of the Corrections and Conditional Release Act and any other officer or permanent employee of a prison, other than a penitentiary as defined in Part I of that Act;

  • (b) a member of the Royal Canadian Mounted Police, a police officer or a police constable;

  • (c) any person who is designated by the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or a provincial minister as a peace officer for the purpose of the preservation and maintenance of the public peace at an aerodrome;

  • (d) an officer who is enforcing any provision of the Immigration and Refugee Protection Act, or of any regulations, warrant, order or direction made under that Act, respecting the arrest, detention or removal from Canada of any person; and

  • (e) an officer or non-commissioned member of the Canadian Forces who is appointed as a member of the military police under regulations for the purposes of section 156 of the National Defence Act. (agent de la paix)

personal identification code

personal identification code means a series or combination of numbers, letters or other characters that is chosen by a person or that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’identification personnel)

primary security line

primary security line means the boundary between a restricted area and a non-restricted area at an aerodrome. (première ligne de sûreté)

primary security line partner

primary security line partner means a business, organization or non-profit group — other than the operator of an aerodrome, CATSA, a government department or agency or the police service with jurisdiction at an aerodrome — that occupies an area that is on an aerodrome’s primary security line and that includes a restricted area access point. This definition includes, but is not limited to, a commercial lessee of the operator of an aerodrome. (partenaire de la première ligne de sûreté)

regulatory requirement

regulatory requirement means a requirement of

  • (a) these Regulations;

  • (b) any other aviation security regulations;

  • (c) a security measure;

  • (d) an interim order; or

  • (e) a ministerial order. (exigence réglementaire)

restricted area

restricted area means any part of an aerodrome that is designated as a restricted area by the operator of the aerodrome in accordance with a regulatory requirement. (zone réglementée)

restricted area access point

restricted area access point means an opening in a security barrier that allows access to a restricted area. (point d’accès aux zones réglementées)

restricted area identity card

restricted area identity card means a restricted area pass that is issued by or under the authority of the operator of an aerodrome and that can be automatically verified by an identity verification system maintained by CATSA under section 56. (carte d’identité de zone réglementée)

restricted area pass

restricted area pass means a pass issued by or under the authority of the operator of an aerodrome to a person who requires ongoing access to restricted areas as part of the person’s employment. (laissez-passer de zone réglementée)

screening authority

screening authority means, as the context requires,

screening officer

screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)

security barrier

security barrier means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area. (enceinte de sûreté)

security personnel

security personnel[Repealed, SOR/2014-153, s. 2]

sensitive information respecting aviation security

sensitive information respecting aviation security means information — including information respecting risks, threats, vulnerabilities, systems, equipment, controls and procedures as well as plans and technical drawings — that could be used to exploit or create a vulnerability or to facilitate an act or attempted act of unlawful interference with civil aviation. (renseignements délicats relatifs à la sûreté aérienne)

specific list of prohibited items

specific list of prohibited items means Part 2 of TP 14628, which lists flights or classes of flights that require additional screening for reasons respecting elevated threat conditions or respecting the harmonization of screening rules and which lists or describes, for each flight or class of flight, goods that are supplemental to the goods listed or described in the general list of prohibited items. (liste spécifique des articles interdits)

sterile area

sterile area means a restricted area, including any passenger loading bridge attached to it, that is used to segregate the following persons from other persons at an aerodrome:

  • (a) passengers who have been screened;

  • (b) passengers who are exempted from screening in accordance with an aviation security regulation, a security measure, an emergency direction or an interim order; and

  • (c) other persons who are authorized to be in the area by the operator of the aerodrome. (zone stérile)

threat item

threat item means any of the following goods that are in a shipment of cargo but are not listed on the air waybill or other similar control document issued in respect of that cargo:

  • (a) an explosive substance;

  • (b) an incendiary device;

  • (c) a component of an explosive device or incendiary device; and

  • (d) any other good that could pose a threat to aviation security. (article dangereux)

TP 14628

TP 14628 means the document entitled Prohibited Items List, published by the Department of Transport in March 2011, as amended from time to time. (TP 14628)

US inspection agency

US inspection agency means the entity responsible for carrying out responsibilities relating to the importation of goods, immigration, agriculture and public health and safety in order to determine whether a person or goods bound for the United States is or are admissible. (organisme d’inspection des États-Unis)

US inspection agency ammunition

US inspection agency ammunition means ammunition that is provided to US preclearance officers by the US inspection agency. (munitions d’organisme d’inspection des États-Unis)

US inspection agency firearm

US inspection agency firearm means a firearm that is provided to US preclearance officers by the US inspection agency and that is loaded with US inspection agency ammunition or is unloaded. (arme à feu d’organisme d’inspection des États-Unis)

US preclearance officer

US preclearance officer has the meaning assigned to the definition preclearance officer in section 5 of the Preclearance Act, 2016. (contrôleur des États-Unis)

weapon

weapon has the same meaning as in section 2 of the Criminal Code. (arme)

PART 1Screening

Overview

Marginal note:Part overview

 This Part sets out requirements for screening officers, screening authorities and persons who are subject to screening. This Part is also a supplement to section 4.85 of the Act, which sets out several prohibitions respecting screening.

Application

Marginal note:Application

 This Part applies in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Screening Officers

Marginal note:Qualifications

  •  (1) A screening authority must not permit a screening officer to screen persons or goods unless the screening officer

    • (a) is at least 18 years of age;

    • (b) is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

    • (c) is able to communicate effectively both orally and in writing in one or both official languages;

    • (d) has a security clearance;

    • (e) has taken the training referred to in section 20 and, if applicable, the ongoing training referred to in section 23;

    • (f) has successfully completed the evaluation in accordance with section 22 and, if applicable, subsection 23(4), demonstrating their competence in the carrying out of their screening duties;

    • (g) is certified by the screening authority as meeting the requirements referred to in paragraphs (a) to (f); and

    • (h) is designated by the Minister under section 4.84 of the Act.

  • Marginal note:Supervision

    (2) The screening authority must ensure that any person who acts or will act as a screening officer for it or on its behalf meets the requirements set out in subsection (1).

  • Marginal note:Requalification — absence of more than a month

    (3) If the screening officer is absent from work for more than one month but less than 18 months, the screening authority must ensure that, before the screening officer resumes their duties, the screening officer is evaluated and takes any necessary training on the training elements set out in section 20 to ensure their competency.

  • Marginal note:Requalification — absence of 18 months or more

    (4) If the screening officer is absent from work for 18 months or more, the screening authority must ensure that the screening officer takes the training referred to in section 20 and is then evaluated to ensure their competency before they resume their duties.

Marginal note:Cancellation of certification

  •  (1) The screening authority must cancel the certification granted to a person in accordance with paragraph 5(1)(g) if

    • (a) the person ceases to be employed as a screening officer;

    • (b) the person no longer meets the requirements set out in section 5 to conduct screening; or

    • (c) the person’s designation is cancelled by the Minister.

  • Marginal note:Notice to Minister

    (2) The screening authority must notify the Minister when a screening officer’s certification is cancelled under paragraph (1)(a) or (b).

Marginal note:Corrective actions

  •  (1) The screening authority must take corrective actions if a screening officer is unable to carry out their screening duties effectively.

  • Marginal note:Plan

    (2) The corrective actions must include a plan that addresses any screening deficiencies.

  • Marginal note:Evaluation

    (3) The screening authority must evaluate the screening officer to ensure the screening officer’s competency to carry out their duties effectively before they resume their duties.

Marginal note:Record

  •  (1) The screening authority must create a training and certification record for each screening officer and make it available to the Minister on reasonable notice given by the Minister.

  • Marginal note:Record keeping

    (2) The screening authority must keep the records for at least 90 days after the day on which the screening officer ceases to be employed.

Official Languages

Marginal note:Official languages

 At the airports that are listed in Schedule 1 and at all aerodromes where there is a significant demand for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations, a screening authority must

  • (a) carry out screening by means that allow effective communication with members of the public in the official language of their choice; and

  • (b) provide in both official languages any printed or pre-recorded material that is used in respect of screening.

Carriage of Weapons, Explosive Substances and Incendiary Devices During Screening

Marginal note:Prohibition

  •  (1) Subject to subsection (2), a person must not present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to a weapon, an explosive substance or an incendiary device.

  • Marginal note:Exception

    (2) A person who is permitted under subsection 78(2) to carry, transport or have access to a weapon, an explosive substance or an incendiary device may present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to that weapon, substance or device.

Marginal note:Notification of screening officers

  •  (1) If a screening authority is notified by an air carrier that a peace officer will be carrying or will have access to a firearm on board an aircraft, the screening authority must notify all the screening officers with whom the peace officer will come into contact that the peace officer will be carrying or will have access to a firearm on board the aircraft.

  • Marginal note:Notification by peace officer

    (2) If the peace officer is authorized by the air carrier under section 531, the peace officer must present the identification and the form referred to in that section to the screening officers.

  • SOR/2014-153, s. 3

Identity Screening

 [Repealed, SOR/2022-92, s. 4]

Marginal note:Definition of required identification

  •  (1) For the purposes of sections 8.3 and 8.4, required identification means

    • (a) one piece of valid government-issued photo identification that shows the holder’s name and date of birth;

    • (b) two pieces of valid government-issued identification, at least one of which shows the holder’s name and date of birth; or

    • (c) a restricted area identity card.

  • Marginal note:Exclusion

    (2) A document issued by a government for the purposes of fishing, hunting or boating is not required identification.

Marginal note:Identity screening — age

  •  (1) A screening authority must not allow a person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person, in accordance with these Regulations and any applicable security measure, emergency direction or interim order, by looking at the person, and in particular their entire face, to determine if they appear to be 18 years of age or older.

  • Marginal note:Identity screening — required identification

    (2) A screening authority must not allow a person referred to in subsection (1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person

    • (a) by comparing the person, and in particular their entire face, against the required identification, if applicable; and

    • (b) by comparing the name on the person’s document of entitlement with the name on the required identification.

Marginal note:Lost or stolen identification

  •  (1) If a person referred to in subsection 8.3(1) who appears to be 18 years of age or older presents documentation that is issued by a government or a police service and that attests to the loss or theft of the required identification, a screening authority must not allow the person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority

    • (a) screens the person’s identity using alternative forms of identification; and

    • (b) carries out an additional screening of the person, and of any goods in their possession or control, for goods listed or described in the general list of prohibited items.

  • Marginal note:Examples

    (2) Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.

Marginal note:Refusal of entry

  •  (1) A screening authority must not allow a person referred to in subsection 8.3(1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area if

    • (a) the person presents a piece of photo identification and does not resemble the photograph;

    • (b) the person presents more than one form of identification and there is a significant discrepancy between those forms of identification; or

    • (c) there is a significant discrepancy between the name on the identification presented by the person and the name on their document of entitlement.

  • Marginal note:Medical exceptions

    (2) Paragraph (1)(a) does not apply in respect of a person referred to in subsection 8.3(1) if

    • (a) the person’s appearance changed for medical reasons after the photograph was taken and the person presents the screening authority with a document signed by a health care professional and attesting to that fact; or

    • (b) the person’s face is bandaged for medical reasons and the person presents the screening authority with a document signed by a health care professional and attesting to that fact.

Screening for Prohibited Items

 [Repealed, SOR/2022-92, s. 7]

Marginal note:Prohibited items

  •  (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a screening authority must not permit the person to pass beyond a screening checkpoint into a sterile area unless the screening authority ensures that the person is not in possession or control of any goods that

    • (a) are listed or described in the general list of prohibited items; or

    • (b) pose an immediate threat to aviation security.

  • Marginal note:Specific list

    (2) If the sterile area is for passengers for a flight or class of flight that is listed in the specific list of prohibited items, the screening authority must not permit the person to pass beyond a screening checkpoint into the area unless the screening authority also ensures that the person is not in possession or control of any goods that are listed or described in that list for that flight or class of flight.

Marginal note:Weapons, explosive substances and incendiary devices

 A screening authority may permit a person in possession or control of a weapon, an explosive substance or an incendiary device to pass beyond a screening checkpoint into a sterile area if the person is carrying or has access to the weapon, explosive substance or incendiary device in accordance with these Regulations, a security measure, an emergency direction or an interim order.

Marginal note:Medically necessary goods

 A screening authority may permit a person in possession or control of goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the goods are medically necessary and the person declares them to the screening authority.

 [Repealed, SOR/2022-92, s. 8]

Circumventing Screening

Marginal note:Circumventing screening

 If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or any goods in their possession or control to be screened, another person must not assist that person in circumventing the screening.

Screening of Checked Baggage

Marginal note:Use of force

 If a piece of checked baggage is locked or sealed, a screening authority is authorized to use force when it is necessary to gain access to the contents of the piece of checked baggage for the purposes of screening.

Marginal note:Notice

  •  (1) When a screening authority uses force to gain access to the contents of a piece of checked baggage that is being screened, the screening authority must notify the person who tendered the checked baggage that it was opened by force.

  • Marginal note:Record

    (2) The screening authority must create a record of each instance in which force is used to gain access to the contents of a piece of checked baggage that is being screened.

  • Marginal note:Record keeping

    (3) The screening authority must keep the record for at least 180 days.

  • Marginal note:Provision of record to Minister

    (4) The screening authority must provide the record to the Minister on reasonable notice given by the Minister.

Threat Response

Marginal note:Threat response

 A screening authority at an aerodrome who is made aware of a threat against the aerodrome must

  • (a) immediately notify the operator of the aerodrome of the nature of the threat; and

  • (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome.

Reporting of Security Incidents

Marginal note:Items at checkpoint

  •  (1) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if a weapon, an explosive substance or an incendiary device is detected at a restricted area access point or in any other part of the aerodrome where the screening of persons or goods is carried out.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a weapon, explosive substance or incendiary device that is permitted under subsection 78(2).

  • Marginal note:Items in checked baggage

    (3) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if any of the following is detected in checked baggage:

    • (a) a loaded firearm;

    • (b) an explosive substance, other than ammunition; or

    • (c) an incendiary device.

  • Marginal note:Incidents

    (4) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome and the Minister of any other aviation security incident that involves a peace officer at a restricted area access point or in any other part of the aerodrome where it carries out screening.

Security Information

Marginal note:Security information

 A screening authority must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of its screening operations, including

  • (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the screening authority; and

  • (b) a description of the nature of the screening operations related to a particular flight or aerodrome.

[18 and 19 reserved]

Training

Marginal note:Minimum training standards

 A screening authority must establish and implement in a consistent manner across Canada a training program for screening officers. The training program must be composed of both theoretical and practical training and

  • (a) cover the responsibilities and duties of a screening officer, as well as screening processes;

  • (b) cover the safeguarding of civil aviation operations against acts of unlawful interference, as well as current and emerging aviation security threats and trends;

  • (c) cover the use of screening equipment, and include practical training using the screening equipment; and

  • (d) include on-the-job training provided and supervised by a person who has knowledge of and experience in screening.

Marginal note:Qualifications of instructor

 The screening authority must ensure that an instructor who provides the training referred to in paragraphs 20(a) to (d)

  • (a) is at least 18 years of age;

  • (b) is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (c) has a security clearance;

  • (d) has specialized knowledge of aviation security screening operations;

  • (e) has successfully completed instructor training on aviation security and the screening elements to be taught; and

  • (f) has knowledge of current and emerging aviation security threats and trends and of regulatory requirements related to screening.

Marginal note:Evaluation

  •  (1) The screening authority must evaluate a screening officer candidate who has taken the training referred to in section 20 based on the following criteria:

    • (a) knowledge of the elements referred to in paragraphs 20(a) and (b); and

    • (b) the ability to operate screening equipment and apply the screening processes for persons and goods.

  • Marginal note:Evaluation — X-ray equipment

    (2) If the screening is to be carried out using X-ray equipment, the evaluation referred to in paragraph (1)(b) must contain an X-ray component that includes

    • (a) the screening of goods that are listed or described in the general list of prohibited items, with an emphasis on explosive substances;

    • (b) the screening of goods that are arranged in a way that creates various levels of difficulty in identifying them; and

    • (c) the use of X-ray image enhancement tools.

Marginal note:Ongoing training program

  •  (1) In order for a screening officer to maintain their knowledge and skills, the screening authority must have an ongoing training program that

    • (a) covers changes in screening processes, screening equipment and aviation security threats and trends; and

    • (b) includes a review of any screening issues and gaps.

  • Marginal note:Frequency

    (2) The program must set out the frequency of ongoing training.

  • Marginal note:Qualified instructor

    (3) The ongoing training must be provided by an instructor who meets the requirements set out in section 21.

  • Marginal note:Evaluation

    (4) The screening authority must evaluate the knowledge and skills of the screening officer as soon as feasible.

Marginal note:Program and examinations

 The screening authority must provide the Minister, on reasonable notice given by the Minister, with its screening officer training program and the examinations used for evaluations.

[25 to 29 reserved]

Screening Equipment

Marginal note:Screening equipment

  •  (1) A screening authority must obtain the Minister’s approval before implementing any of the following measures:

    • (a) the use, on a trial basis, of new screening equipment or software;

    • (b) the modification of approved screening equipment or software; or

    • (c) the addition of new screening equipment or software.

  • Marginal note:Request for approval

    (2) The screening authority must include the following information in the request for approval for the purposes of subsection (1):

    • (a) the reasons for the implementation of the measures and any supporting documentation from the manufacturer;

    • (b) a description of any proposed modifications to approved screening equipment or software;

    • (c) a list of the performance verification tools approved by the Minister that will be used; and

    • (d) documentation demonstrating that the detection performance of any modified equipment is maintained or enhanced.

Marginal note:Process — protection of sensitive information

  •  (1) A screening authority must implement and maintain a process approved by the Minister for preventing the disclosure of sensitive information respecting aviation security when screening equipment or software is sold, destroyed or otherwise disposed of.

  • Marginal note:Amendment of process

    (2) If the screening authority intends to amend the process, it must obtain the approval of the Minister before implementing the amended process.

[32 to 55 reserved]

 [Repealed, SOR/2022-92, s. 11]

Identity Verification System

Marginal note:System requirements

  •  (1) CATSA must implement and maintain an identity verification system that is able to automatically verify

    • (a) that a person in possession of a restricted area identity card is the person to whom the card has been issued; and

    • (b) that the restricted area identity card is active or has been deactivated.

  • Marginal note:Biometrics

    (2) The verification referred to in paragraph (1)(a) must be carried out by an on-site comparison of the biometric data provided by the person and a biometric template stored on the restricted area identity card.

Marginal note:Database backup

 CATSA must regularly back up any database that it uses as part of the identity verification system.

Marginal note:Disclosure of information

  •  (1) CATSA is authorized to disclose to the Minister or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system.

  • Marginal note:Identity protection

    (2) CATSA must not collect, use, disclose or retain the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued.

Marginal note:Biometric templates

  •  (1) If a biometric template created from a fingerprint image or iris image collected from an applicant for a restricted area identity card is disclosed to CATSA by the operator of an aerodrome, CATSA must not use the biometric template for a purpose other than

    • (a) monitoring the quality of biometric templates; or

    • (b) determining if a restricted area identity card is already active in respect of the applicant.

  • Marginal note:Already active card

    (2) CATSA must notify the Minister if it determines that a restricted area identity card is already active in respect of an applicant.

  • Marginal note:Destruction of templates

    (3) CATSA must destroy any biometric template that is disclosed to it in connection with an application for a restricted area identity card as soon as feasible in accordance with the Access to Information Act, the Library and Archives of Canada Act, the Privacy Act and any regulations made under those Acts.

Marginal note:Protection of information

 CATSA must take appropriate measures to protect information that is collected, used, retained or disclosed for the purposes of the identity verification system from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

Marginal note:Activation of cards

 CATSA must activate a restricted area identity card if the Minister informs CATSA that the applicant for the card has a security clearance and CATSA determines that no restricted area identity card is already active in respect of the applicant.

Marginal note:Deactivation of cards

 CATSA must immediately deactivate a restricted area identity card if the Minister or the operator of an aerodrome asks CATSA to deactivate the card.

Marginal note:Business continuity plan

  •  (1) CATSA must develop and maintain a business continuity plan — to be implemented in the event that it is unable to use the identity verification system — that sets out

    • (a) how CATSA will maintain an equivalent level of security until normal operations are re-established, including the ability to meet the following objectives:

      • (i) to receive security clearance information from the Minister,

      • (ii) to activate and deactivate restricted area identity cards, and

      • (iii) to allow the operator of an aerodrome to verify that a restricted area identity card is active or has been deactivated; and

    • (b) how CATSA will re-establish normal operations.

  • Marginal note:Implementation

    (2) CATSA must implement its business continuity plan and immediately notify the Minister and any affected operator of an aerodrome if it discovers that it is unable to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii).

  • Marginal note:Delay notice

    (3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if it discovers that it will be unable, for more than 24 hours, to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii) and must immediately inform the Minister and any affected operator of an aerodrome of how it will re-establish normal operations.

  • Marginal note:Ministerial access

    (4) CATSA must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Records

  •  (1) CATSA must keep updated records respecting

    • (a) restricted area identity cards that have been activated;

    • (b) restricted area identity cards that have been deactivated;

    • (c) deactivated restricted area identity cards that have not been retrieved;

    • (d) restricted area identity cards that have been reported as lost or stolen; and

    • (e) blank restricted area identity cards distributed to operators of aerodromes.

    • (f) [Repealed, SOR/2022-92, s. 13]

  • Marginal note:Provision of records to Minister

    (2) CATSA must provide the Minister with the records on reasonable notice given by the Minister.

PART 2CATSA Security Program

CATSA Security Program Requirements

Marginal note:Requirement to establish and implement

  •  (1) CATSA must establish and implement a security program in order to safeguard information, equipment, information technology infrastructure, facilities and all other assets related to screening operations.

  • Marginal note:Program requirements

    (2) As part of its security program, CATSA must

    • (a) develop a security policy statement that establishes an overall security commitment and direction and sets out the security objectives;

    • (b) establish and implement a security awareness program that promotes a culture of vigilance among its employees;

    • (c) conduct a security risk assessment in accordance with section 69;

    • (d) assess risk information and disseminate it within its organization for the purpose of facilitating informed decision-making about security;

    • (e) establish a strategic security plan in accordance with section 73;

    • (f) identify the security official referred to in subsection (3);

    • (g) subject to section 31, establish and implement a process for receiving, identifying, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access; and

    • (h) establish and implement a process for responding to security incidents and breaches.

  • Marginal note:Security official

    (3) CATSA must have, at all times, at least one security official or acting security official who is responsible for acting as the principal contact between CATSA and the Minister with respect to the security program.

Marginal note:Documentation

  •  (1) CATSA must keep

    • (a) documentation related to its security risk assessment and any review of it for at least five years;

    • (b) documentation related to its strategic security plan and any amendment to it for at least five years; and

    • (c) all other documentation related to its security program for at least two years.

  • Marginal note:Ministerial access

    (2) CATSA must make the documentation available to the Minister on reasonable notice given by the Minister.

Marginal note:Requirement to amend

 CATSA must amend its security program if it identifies a security risk that is not addressed by the program.

Committees

Marginal note:Multi-agency advisory committee

 CATSA must be an active member of an aerodrome’s multi-agency advisory committee referred to in sections 196 and 353.

Security Risk Assessments

Marginal note:Security risk assessments

 CATSA must have a security risk assessment that identifies and assesses the risks in respect of information, equipment, information technology infrastructure, facilities and all other assets related to screening operations and that includes the following elements:

  • (a) a threat assessment that evaluates the probability of a disruption to security screening services caused by an unauthorized access or an act or attempted act of unlawful interference;

  • (b) a criticality assessment that prioritizes the information, equipment, information technology infrastructure, facilities and all other assets related to screening operations that most require protection from acts and attempted acts of unlawful interference;

  • (c) a vulnerability assessment that considers the extent to which information, equipment, information technology infrastructure, facilities and all other assets related to screening operations are susceptible to loss or damage; and

  • (d) an impact assessment that, at a minimum, measures the consequences of a security screening incident or potential security screening incident in terms of

    • (i) a decrease in public safety and security,

    • (ii) financial and economic loss, and

    • (iii) a loss of public confidence.

Marginal note:Submission for approval

  •  (1) CATSA must submit its initial security risk assessment to the Minister for approval.

  • Marginal note:Submission — five years

    (2) CATSA must submit a new security risk assessment to the Minister within five years after the date of the most recent approval.

Marginal note:Security risk assessment — annual review

  •  (1) CATSA must conduct a review of its security risk assessment at least once a year.

  • Marginal note:Security risk assessment — other reviews

    (2) CATSA must also conduct a review of its security risk assessment if

    • (a) it acquires new equipment, information technology infrastructure, facilities or any other new assets related to screening operations;

    • (b) it makes changes to security screening operations that could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

    • (c) a change in regulatory requirements could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; or

    • (d) it identifies a vulnerability that is not addressed in the assessment or the Minister identifies such a vulnerability to CATSA.

  • Marginal note:Equivalency

    (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

  • Marginal note:Documentation

    (4) When CATSA conducts a review of its security risk assessment, it must document

    • (a) any decision to amend or to not amend the assessment or the risk-management strategy;

    • (b) the reasons for that decision; and

    • (c) the factors that were taken into consideration in making that decision.

  • Marginal note:Notification

    (5) CATSA must notify the Minister if, as a result of a review of its security risk assessment, it amends the assessment

    • (a) to include a new medium to high risk; or

    • (b) to raise or lower the level of a risk within the medium to high range.

Marginal note:Approval

 The Minister must approve a security risk assessment submitted by CATSA if

  • (a) the assessment meets the requirements of section 69;

  • (b) the assessment has been reviewed by an executive within CATSA who is responsible for security;

  • (c) CATSA has considered all available and relevant information; and

  • (d) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations.

Strategic Security Plans

Marginal note:Strategic security plans

  •  (1) CATSA must establish a strategic security plan that

    • (a) summarizes its strategy to prepare for, detect, prevent, respond to and recover from threats identified in the security risk assessment; and

    • (b) includes a risk-management strategy that addresses the medium to high security risks identified and prioritized in its security risk assessment.

  • Marginal note:Submission for approval

    (2) CATSA must submit its strategic security plan to the Minister for approval.

  • Marginal note:Approval of plan

    (3) The Minister must approve a strategic security plan submitted by CATSA if

    • (a) the plan meets the requirements of subsection (1);

    • (b) the plan has been reviewed by an executive within CATSA who is responsible for security;

    • (c) the plan is likely to enable CATSA to prepare for, detect, prevent, respond to and recover from an unauthorized access to or acts or attempted acts of unlawful interference with information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

    • (d) the risk-management strategy is in proportion to the risks it addresses;

    • (e) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; and

    • (f) the plan can be implemented without compromising security.

  • Marginal note:Implementation

    (4) CATSA must, as soon as its strategic security plan is approved, implement its risk-management strategy.

Marginal note:Amendments

  •  (1) CATSA may amend its strategic security plan at any time, but must do so if

    • (a) the plan does not reflect CATSA’s most recent security risk assessment;

    • (b) the Minister informs CATSA that there is a change in the threat environment that could result in a new or unaddressed medium to high risk to information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

    • (c) CATSA identifies a deficiency in the plan; or

    • (d) the Minister informs CATSA that its risk-management strategy is not in proportion to a risk set out in its security risk assessment.

  • Marginal note:Documentation

    (2) If CATSA amends its strategic security plan, it must document

    • (a) the reason for the amendment; and

    • (b) the factors that were taken into consideration in making that amendment.

  • Marginal note:Submission of amendment

    (3) If CATSA amends its strategic security plan, it must, as soon as possible, submit the amendment to the Minister for approval.

  • Marginal note:Approval

    (4) The Minister must approve an amendment if

    • (a) in the case of an amendment to the summary required under paragraph 73(1)(a), the conditions set out in paragraphs 73(3)(a) to (c) have been met; or

    • (b) in the case of an amendment to the risk-management strategy required under paragraph 73(1)(b), the conditions set out in paragraphs 73(3)(a) to (f) have been met.

  • Marginal note:Implementation

    (5) If CATSA amends its risk-management strategy, it must implement the amended version of the strategy once it is approved by the Minister.

Disclosure of Information

Marginal note:Prohibition

 A person other than the Minister must not disclose security-sensitive information that is created or used under this Part unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

PART 3Weapons, Explosive Substances and Incendiary Devices

Overview

Marginal note:Part overview

 This Part sets out prohibitions respecting weapons, explosive substances and incendiary devices at aerodromes and on board aircraft. This Part also sets out exceptions to those prohibitions.

At Aerodromes

Marginal note:Prohibition — sale

 A person must not sell or offer for sale any of the following goods in a restricted area:

  • (a) a weapon;

  • (b) a model or replica of a weapon;

  • (c) an explosive substance; and

  • (d) an incendiary device.

Marginal note:Prohibition — carriage, transportation and access

  •  (1) Subject to subsection (2), a person must not carry, transport or have access to a weapon, an explosive substance or an incendiary device at an aerodrome.

  • Marginal note:Exceptions

    (2) A person described in column 1 of the table to this subsection may, at an aerodrome, carry, transport or have access to the goods set out in column 2 if the conditions set out in column 3 are met.

    table

    ItemColumn 1Column 2Column 3
    PersonPermitted GoodsConditions
    1any personan unloaded firearmthe person is carrying or transporting the unloaded firearm, or has access to it, for the purpose of transporting it by air as checked baggage or cargo
    2a peace officera weapon and ammunitionthe peace officer is acting in the course of their duties
    3the pilot-in-command of an aircraft that is operated by an air carrieran unloaded firearmthe pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1)
    4the pilot-in-command of an aircraft that is operated by a person other than an air carrieran unloaded firearm and ammunitionthe pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2)
    5an employee of a federal or provincial department or agency who is engaged in wildlife control, other than a person described in item 22, column 1an unloaded firearmthe employee is taking a flight on an aircraft operated by an air carrier and the employee is authorized by the air carrier under subsection 533(1)
    6a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearma firearm and ammunitionthe person is engaged in the protection of persons or property at the aerodrome
    7a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearma firearm and ammunitionthe person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome
    8any personan explosive substance or incendiary devicethe person is carrying or transporting the explosive substance or incendiary device, or has access to it, for the purpose of tendering it for transportation by an air carrier
    9any personan explosive substance or incendiary devicethe person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome
    10a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromedefensive equipmentthe border services officer is acting in the course of their duties
    11a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromean agency firearm and ammunitionthe border services officer is acting in the course of their duties and is inside an air terminal building in a baggage make-up area, a commercial office or a firearms storage room, or outside an air terminal building
    12a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromean agency firearm and ammunitionthe border services officer is acting in the course of their duties, has come from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome, and is conducting one of the following activities inside an air terminal building for no longer than one hour unless exigent circumstances exist:
    • (a) providing necessary expertise to another border services officer or to a US preclearance officer in respect of an examination that is underway;

    • (b) conducting an examination using canines;

    • (c) continuing to monitor persons, baggage or other goods to verify compliance with program legislation as defined in section 2 of the Canada Border Services Agency Act if the monitoring commenced in an area described in item 11, column 3, or on board an aircraft on the ground at the aerodrome;

    • (d) escorting persons, baggage or other goods from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome

    13a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromean agency firearm and ammunitionthe border services officer is acting in the course of their duties, has come from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome, and is taking a break or having a meal inside an air terminal building for no longer than one hour
    14a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromean agency firearm and ammunitionthe border services officer is acting in the course of their duties and is transiting inside an air terminal building between
    • (a) any of the areas described in item 11, column 3, or an aircraft on the ground at the aerodrome; or

    • (b) an area described in item 11, column 3, or an aircraft on the ground at the aerodrome, and an area inside an air terminal building where the officer will conduct one of the activities described in paragraphs 12(a) to (d), column 3, or take a break or have a meal

    15a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is one of the following aerodromes, except if preclearance areas have been designated under subsection 6(1) of the Preclearance Act, 2016 at the aerodrome:
    • (a) Montréal International (Mirabel);

    • (b) an aerodrome listed in Schedule 2 or 3;

    • (c) a place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act;

    • (d) an aerodrome to which Part 7 applies

    an agency firearm and ammunitionin order to carry out their duties, the border services officer is required to transit frequently between an area where they are permitted to carry, transport or have access to an agency firearm and ammunition in accordance with items 11 to 14 and another area inside an air terminal building, in which case, the one-hour limit set out in items 12 and 13, column 3, does not apply
    16a border services officer who is not wearing a Canada Border Services Agency uniform and whose ordinary place of work is not an aerodromedefensive equipment, an agency firearm and ammunitionthe border services officer is acting in the course of their duties, is inside an air terminal building and, for the purposes of administering and enforcing program legislation as defined in section 2 of the Canada Border Services Agency Act, is
    • (a) gathering intelligence;

    • (b) responding to a threat posed by a person or goods if the threat was identified by the Canada Border Services Agency; or

    • (c) planning or conducting an intelligence, administrative or criminal investigation

    17a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromedefensive equipmentthe US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016
    18a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromea US inspection agency firearm and US inspection agency ammunitionthe US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 and is inside an air terminal building in a baggage make-up area or a firearms storage room, or outside an air terminal building
    19a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromea US inspection agency firearm and US inspection agency ammunitionthe US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016, has come from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome, and is conducting one of the following activities inside an air terminal building for no longer than one hour unless exigent circumstances exist:
    • (a) providing necessary expertise to another US preclearance officer in respect of an examination that is underway;

    • (b) conducting an examination using canines;

    • (c) escorting persons, baggage or other goods from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome

    20a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromea US inspection agency firearm and US inspection agency ammunitionthe US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016, has come from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome, and is taking a break or having a meal inside an air terminal building for no longer than one hour
    21a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromea US inspection agency firearm and US inspection agency ammunitionthe US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 and is transiting inside an air terminal building between
    • (a) any of the areas described in item 18, column 3, or an aircraft on the ground at the aerodrome; or

    • (b) an area described in item 18, column 3, or an aircraft on the ground at the aerodrome, and an area inside an air terminal building where the officer will conduct one of the activities described in paragraphs 19(a) to (c), column 3, or take a break or have a meal

    22any of the following persons:defensive equipment, a loaded agency firearm and ammunitionthe person
    • (a) is acting in the course of their duties at the aerodrome; or

    • (b) is taking a flight and is authorized by the operator of the aircraft under section 533.1

  • Marginal note:Consumption of alcoholic beverages

    (3) An employee of a federal or provincial department or agency who is engaged in wildlife control, and who carries, transports or has access to an unloaded firearm at an aerodrome, must not consume any alcoholic beverage.

  • Marginal note:Definition of commercial office

    (4) For the purposes of subsection (2), commercial office means an area of a customs office designated under section 5 of the Customs Act that is used primarily for the reporting, examination and release under that Act of commercial goods, as defined in section 2 of the Reporting of Imported Goods Regulations.

Marginal note:Oversight and corrective actions

  •  (1) The agency that employs the person described in items 10 to 21, column 1, of the table to subsection 78(2) must ensure that that person meets the conditions set out in column 3 of those items and, in the case where the agency identifies a failure to comply with a condition, it must immediately take corrective actions to prevent the recurrence of the failure.

  • Marginal note:Records — failure to comply with condition

    (2) Each time the agency identifies a failure to comply with a condition, it must create a record that includes

    • (a) the date on which the failure occurred;

    • (b) a description of the failure; and

    • (c) a description of the corrective actions that were taken to prevent the recurrence of the failure.

  • Marginal note:Provision of records to Minister

    (3) The agency must provide the Minister with the records on reasonable notice given by the Minister.

Marginal note:Records — exigent circumstances

  •  (1) Each time a person described in item 12 or 19, column 1, of the table to subsection 78(2) exceeds, due to exigent circumstances, the one-hour period referred to in column 3, the agency that employs that person must create a record that includes

    • (a) the date on which the one-hour period was exceeded;

    • (b) the amount of time by which the one-hour period was exceeded; and

    • (c) a description of the exigent circumstances.

  • Marginal note:Provision of records to Minister

    (2) The agency must provide the Minister with the records on reasonable notice given by the Minister.

On Board Aircraft

Marginal note:Weapons

  •  (1) Subject to subsections (2.1) to (4), a person must not carry or have access to a weapon on board an aircraft.

  • Marginal note:Explosive substances and incendiary devices

    (2) Subject to subsections (2.1) to (2.4), (3.1) and (4), a person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.

  • Marginal note:Exception — air carrier flights

    (2.1) A Canadian in-flight security officer who is acting in the course of their duties may carry or have access to a loaded firearm on board an aircraft operated by an air carrier.

  • Marginal note:Exception — border services officer

    (2.2) A border services officer who is acting in the course of their duties may carry or have access to defensive equipment, an agency firearm and ammunition on board an aircraft that is on the ground at an aerodrome.

  • Marginal note:Exception — US preclearance officer

    (2.3) A US preclearance officer who is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 may carry or have access to defensive equipment, a US inspection agency firearm and US inspection agency ammunition on board an aircraft that is on the ground at an aerodrome.

  • Marginal note:Exception — certain federal employees

    (2.4) A person described in item 22, column 1, of the table to subsection 78(2) who is acting in the course of their duties may carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft that is on the ground at an aerodrome.

  • Marginal note:Exception — air carrier flights

    (3) The following persons may carry or have access to an unloaded firearm on board an aircraft operated by an air carrier:

    • (a) a peace officer who is authorized by the air carrier under section 531;

    • (b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 533(1); and

    • (c) an employee of a federal or provincial department or agency who is engaged in wildlife control and who is authorized by the air carrier under subsection 533(1).

  • Marginal note:Exception — certain federal employees

    (3.1) A person described in item 22, column 1, of the table to subsection 78(2) may carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft, if authorized by the operator of the aircraft under section 533.1.

  • Marginal note:Exception — other operators’ flights

    (4) The pilot-in-command of an aircraft operated by a person other than an air carrier may carry or have access to an unloaded firearm and ammunition on board the aircraft if authorized by the operator of the aircraft under subsection 533(2).

  • Marginal note:Consumption of alcoholic beverages

    (5) The following persons must not consume any alcoholic beverage if they are on board an aircraft and are carrying or have access to an unloaded firearm:

    • (a) a peace officer; and

    • (b) an employee of a federal or provincial department or agency who is engaged in wildlife control.

Transport and Tendering for Transportation

Marginal note:General prohibitions

  •  (1) Subject to subsection (3), a person must not transport any of the following goods on board an aircraft operated by an air carrier or tender them for transportation by an air carrier:

    • (a) a loaded firearm;

    • (b) an explosive substance other than ammunition; and

    • (c) an incendiary device.

  • Marginal note:Unloaded firearms

    (2) A person must not tender an unloaded firearm to an air carrier for subsequent acceptance and transportation unless the person declares to the air carrier that the firearm is unloaded.

  • Marginal note:Exception

    (3) A person may transport an explosive substance or an incendiary device on board an aircraft operated by an air carrier, or tender it for transportation by an air carrier, if the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome.

False Declarations

Marginal note:False declarations

 A person at an aerodrome or on board an aircraft must not falsely declare

  • (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or

  • (b) that another person at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

PART 4Class 1 Aerodromes

Overview

Marginal note:Part overview

 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 1.

Application

Marginal note:Application

 This Part applies in respect of aerodromes listed in Schedule 1.

DIVISION 1Prohibited Items

Overview

Marginal note:Division overview

 This Division completes and supplements the regulatory framework set out in Part 3.

Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

Marginal note:Authorization

 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

  • (a) the explosive substance or incendiary device is to be used at the aerodrome

    • (i) for excavation, demolition or construction work,

    • (ii) in fireworks displays,

    • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

    • (iv) by a police service, or

    • (v) by military personnel; and

  • (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

  •  (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

  • Marginal note:Exception — liquids, aerosols and gels

    (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.

  • Marginal note:Exception — knives

    (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.

  • SOR/2012-48, s. 3

[87 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

Threat Response

Marginal note:Area under operator’s control

 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

  • (a) notify the person of the nature of the threat; and

  • (b) determine whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

  • (a) immediately notify the operator of the aerodrome of the nature of the threat; and

  • (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

 If it is determined under paragraph 15(b), 90(b) or 92(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Information Reporting

Marginal note:Security incidents

 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

  • (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

  • (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;

  • (c) a threat against the aerodrome; and

  • (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

DIVISION 3AVSEC Levels

Overview

Marginal note:Division overview

 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

  • SOR/2014-153, s. 5

AVSEC Level Requirements

Marginal note:Additional safeguards

 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:

  • (a) determine which additional safeguards are likely to mitigate the heightened risk condition;

  • (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;

  • (c) implement or continue to implement the additional safeguards; and

  • (d) notify the Minister of the additional safeguards that are being or will be implemented.

  • SOR/2014-153, s. 5

Marginal note:Notification

 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 97(b).

  • SOR/2014-153, s. 5

Marginal note:Legal powers and obligations

 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

  • SOR/2014-153, s. 5

[100 to 107 reserved]

DIVISION 4Personnel and Training

Overview

Marginal note:Division overview

 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.

  • SOR/2014-153, s. 75

[109 and 110 reserved]

Security Official

[
  • SOR/2014-153, s. 6
]

Marginal note:Interpretation

 A security official of an aerodrome is an individual who is responsible for

  • (a) coordinating and overseeing security controls and procedures at the aerodrome; and

  • (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Marginal note:Requirement

  •  (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.

  • Marginal note:Contact information

    (2) The operator of the aerodrome must provide the Minister with

    • (a) the name of each security official and acting security official; and

    • (b) 24-hour contact information for those officials.

 [Repealed, SOR/2014-153, s. 7]

 [Repealed, SOR/2014-153, s. 7]

[113 and 114 reserved]

Aerodrome Security Personnel

Marginal note:Initial training

  •  (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

  • Marginal note:Training elements

    (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

    • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;

    • (b) the security controls and procedures at the aerodrome where the personnel are employed;

    • (c) systems and equipment at the aerodrome;

    • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;

    • (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and

    • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

  • Marginal note:Grandfathering

    (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

  • SOR/2014-153, s. 8

Marginal note:Follow-up training

  •  (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

    • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

    • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

    • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and

    • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

  • Marginal note:Follow-up training

    (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.

  • Marginal note:Training elements

    (3) Follow-up training must include

    • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and

    • (b) instruction and evaluation in relation to that circumstance.

  • SOR/2014-153, s. 8

Marginal note:On-the-job training

 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1.

  • SOR/2014-153, s. 8

Marginal note:Training records

  •  (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 115 or 116, there is a training record that includes

    • (a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities;

    • (b) a description of all the training that the individual has received in accordance with section 115 or 116; and

    • (c) evaluation results for all the training that the individual has received in accordance with section 115 or 116.

  • Marginal note:Record keeping

    (2) The operator of the aerodrome must keep the training record for at least two years.

  • Marginal note:Ministerial access

    (3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.

  • SOR/2014-153, s. 8

[119 reserved]

DIVISION 5Facilitation of Screening

Overview

Marginal note:Division overview

 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.

  • SOR/2012-48, s. 4

Screening of Passengers

Marginal note:Passenger screening facilities

 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.

  • SOR/2012-48, s. 4
  • SOR/2014-153, s. 9

Marginal note:False declaration notice

  •  (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare

    • (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or

    • (b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

  • Marginal note:Official languages

    (2) The notice must be clearly visible and be in at least both official languages.

  • SOR/2012-48, s. 4
  • SOR/2014-153, s. 9

Screening of Non-passengers

Marginal note:Non-passenger screening facilities

 The operator of an aerodrome must make facilities available for non-passenger screening checkpoints at restricted area access points and at locations inside restricted areas.

  • SOR/2012-48, s. 4

Marginal note:Non-passenger access to restricted areas

 The operator of an aerodrome must, in accordance with a security measure, ensure that non-passengers enter a restricted area at the aerodrome only through a restricted area access point where screening is carried out.

  • SOR/2014-161, s. 1

Marginal note:Notice — liquids, aerosols or gels

 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas.

  • SOR/2012-48, s. 4

Screening of Checked Baggage

Marginal note:Checked baggage screening facilities

 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.

  • SOR/2012-48, s. 4
  • SOR/2014-153, s. 10

Baggage Handling Systems

Marginal note:No change without agreement

 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA.

  • SOR/2012-48, s. 4

DIVISION 6Access Controls

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.

Signs

Marginal note:Sign requirements

  •  (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must

    • (a) be in at least both official languages;

    • (b) identify the restricted area as a restricted area; and

    • (c) state that access to the area is restricted to authorized persons.

  • Marginal note:Signs on security barriers

    (2) The signs posted on a security barrier must be no more than 150 m apart.

Restricted Area Access Points

Marginal note:Access control system

 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:

  • (a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area;

  • (b) manual locking equipment; and

  • (c) automated access control equipment.

  • SOR/2012-48, s. 5

Marginal note:Passenger loading bridge

 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked.

  • SOR/2012-48, s. 5

Marginal note:Prohibition

 A person must not enter a restricted area at an aerodrome except through a restricted area access point.

Baggage Handling Systems

Marginal note:Prevention of unauthorized access

 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.

  • SOR/2012-48, s. 6

Doors, Gates, Emergency Exits and Other Devices

Marginal note:Duty to close and lock — operators

  •  (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

    • (a) the operator has control of and responsibility for the door, gate or other device; and

    • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

  • Marginal note:Emergency exit system

    (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

    • (a) the operator has control of and responsibility for the emergency exit; and

    • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Duty to close and lock — partners and lessees

  •  (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

    • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and

    • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

  • Marginal note:Emergency exit system

    (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

    • (a) the partner has control of and responsibility for the emergency exit; and

    • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Temporary use or control

 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.

Marginal note:Uncontrolled restricted area access point

 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must

  • (a) lock the door, gate or other device that allows access to or from the restricted area; and

  • (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Marginal note:Preventing locking

 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.

Marginal note:Emergency exits

 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless

  • (a) the person is authorized by the operator of the aerodrome to open it; or

  • (b) there is an emergency.

Unauthorized Access

Marginal note:Prohibition

  •  (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

  • Marginal note:Restricted areas

    (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.

  • Marginal note:Non-public areas other than restricted areas

    (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

  • Marginal note:Non-public areas other than restricted areas

    (4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

  • SOR/2014-153, s. 11

Inspectors

Marginal note:Requirement to allow access

 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.

  • SOR/2012-48, s. 7

DIVISION 7Documents of Entitlement

Marginal note:Division overview

 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity cards are set out in Division 8.

  • SOR/2012-48, s. 8

Marginal note:List of documents

  •  (1) Only the following documents are documents of entitlement at an aerodrome:

    • (a) a restricted area identity card;

    • (b) a temporary pass issued by the operator of the aerodrome;

    • (c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;

    • (d) a passenger escort form that is approved by the operator of the aerodrome;

    • (e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and

    • (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

  • Marginal note:Pilot’s licence

    (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

    • (a) is acting in the course of their employment; or

    • (b) requires access to an aircraft that they own or operate.

  • SOR/2012-48, s. 8
  • SOR/2014-153, s. 12

DIVISION 8Enhanced Access Controls

Overview

Marginal note:Division overview

 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.

Identity Verification System

Marginal note:Disclosure of information

  •  (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.

  • Marginal note:Identity protection

    (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.

Information To Be Displayed on a Restricted Area Identity Card

Marginal note:Required information

  •  (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:

    • (a) the full name of the person to whom the card is issued;

    • (b) [Repealed, SOR/2022-92, s. 15]

    • (c) a photograph depicting a frontal view of the person’s face;

    • (d) the expiry date of the card;

    • (e) the name of the aerodrome where the card is issued;

    • (f) the name of the person’s employer, if the person has a single employer;

    • (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer.

    • (h) [Repealed, SOR/2022-92, s. 15]

    • (i) [Repealed, SOR/2022-92, s. 15]

  • Marginal note:Expiration date

    (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier.

  • (3) [Repealed, SOR/2022-92, s. 15]

  • Marginal note:Official languages

    (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.

Issuance of Restricted Area Identity Cards

Marginal note:Issuance criteria

  •  (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person

    • (a) applies in writing;

    • (b) is sponsored in writing by their employer;

    • (c) has a security clearance;

    • (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and

    • (e) confirms that the information displayed on the card is correct.

  • Marginal note:Activation requirement

    (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated.

Marginal note:False information

 A person must not provide false information for the purpose of obtaining a restricted area identity card.

Marginal note:Sponsorship

 An employer must not

  • (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or

  • (b) knowingly sponsor an employee for more than one restricted area identity card at a time.

Marginal note:Issuance of multiple cards

 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.

Marginal note:Replacement of cards

 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that

  • (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and

  • (b) the person still has a security clearance.

Marginal note:Requirement to inform

 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.

Marginal note:Collection of information

  •  (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:

    • (a) the applicant’s full name;

    • (b) the applicant’s height;

    • (c) a photograph depicting a frontal view of the applicant’s face;

    • (d) the applicant’s fingerprint images and iris images;

    • (e) the name of the applicant’s employer; and

    • (f) the applicant’s occupation.

  • Marginal note:Destruction of images and templates

    (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card.

Marginal note:Quality control

 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.

Marginal note:Protection of information

 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

Deactivation of Restricted Area Identity Cards

Marginal note:Deactivation request

  •  (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if

    • (a) the card expires;

    • (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or

    • (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.

  • Marginal note:Reason for deactivation

    (1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.

  • Marginal note:Prohibition

    (2) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

  • Marginal note:Notification of Minister

    (3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card.

  • SOR/2014-153, s. 13

Marginal note:Change in employment

 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if

  • (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and

  • (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Duty of employer

 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Retrieval of cards

  •  (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.

  • Marginal note:Return of cards

    (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.

  • Marginal note:Destruction of cards

    (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

Keys, Combination Codes and Personal Identification Codes

Marginal note:Issuance or assignment

 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless

  • (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or

  • (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Addition of key

 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.

Marginal note:Protection of information

 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.

Marginal note:Cancellation, withdrawal or retrieval

 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if

  • (a) the person’s restricted area identity card has been deactivated; or

  • (b) the person no longer requires ongoing access to the restricted area in the course of their employment.

Records

Marginal note:General requirement

  •  (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting

    • (a) restricted area identity cards and keys that have been issued;

    • (b) the names of the persons to whom restricted area identity cards or keys have been issued;

    • (c) the names of the persons to whom combination codes or personal identification codes have been assigned;

    • (d) blank restricted area identity cards in the operator’s possession;

    • (e) restricted area identity cards that have been deactivated;

    • (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;

    • (g) deactivated restricted area identity cards that have not been retrieved by the operator;

    • (h) restricted area identity cards that have been reported as lost or stolen;

    • (i) steps taken to retrieve deactivated restricted area identity cards;

    • (j) compliance with section 151; and

    • (k) restricted area identity cards that have been destroyed.

  • Marginal note:Deactivated cards

    (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.

  • Marginal note:Lost or stolen cards

    (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.

  • Marginal note:Provision to Minister

    (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.

Restricted Area Access Control Process

Marginal note:Use of identity verification system

 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.

Control of Access to Restricted Areas

Marginal note:Unauthorized access prohibition

 A person must not enter or remain in a restricted area unless the person

  • (a) is a person to whom a restricted area identity card has been issued; or

  • (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2012-48, s. 9

Marginal note:Restricted area identity cards — conditions of use

  •  (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless

    • (a) they are acting in the course of their employment;

    • (b) the card is in their possession;

    • (c) the card is active; and

    • (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.

  • Marginal note:Exception

    (2) Paragraph (1)(d) does not apply to crew members.

Marginal note:Display of restricted area identity cards

  •  (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.

  • Marginal note:Display of temporary passes

    (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.

  • SOR/2014-153, s. 14

Marginal note:Oversight

 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of

  • (a) an active restricted area identity card that has been issued to the person; or

  • (b) a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2012-48, s. 10

Business Continuity Plans

Marginal note:Business continuity plans

  •  (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 168 in the event that the operator is unable to use its restricted area access control process to comply with that section.

  • Marginal note:Implementation

    (2) The operator of the aerodrome must implement its business continuity plan and immediately notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 168.

  • Marginal note:Notification of delay

    (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 168.

  • Marginal note:Ministerial access

    (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Database backup

 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.

Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes

Marginal note:General prohibitions

  •  (1) A person must not

    • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;

    • (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;

    • (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;

    • (d) use a restricted area identity card or a key that has been issued to another person;

    • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;

    • (f) use a counterfeit restricted area identity card or a counterfeit key; or

    • (g) make a copy of a restricted area identity card or a key.

  • Marginal note:Disclosure or use of codes

    (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not

    • (a) disclose a combination code or personal identification code; or

    • (b) use another person’s combination code or personal identification code.

Marginal note:Report of loss or theft

  •  (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.

  • Marginal note:Employer’s duty to report

    (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.

Marginal note:Report of non-functioning card

 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.

 [Repealed, SOR/2014-153, s. 15]

Presentation and Surrender of Restricted Area Identity Cards

Marginal note:Presentation on demand

  •  (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.

  • Marginal note:Presentation during screening

    (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.

Marginal note:Surrender on demand

  •  (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.

  • Marginal note:Demand by Minister or operator

    (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen;

    • (b) the card has been deactivated; or

    • (c) the surrender of the card is required to ensure aviation security.

  • Marginal note:Demand by screening officer

    (3) A screening officer may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen;

    • (b) the card has been deactivated; or

    • (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.

  • Marginal note:Demand by peace officer

    (4) A peace officer may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen; or

    • (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.

Marginal note:Return of cards

 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.

Marginal note:Notification of Minister

 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 176(2)(c).

Escort and Surveillance

Marginal note:General requirement

  •  (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card

    • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or

    • (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.

  • Marginal note:Exceptions

    (2) This section does not apply in respect of the following persons:

    • (a) passengers who have been screened; and

    • (b) inspectors.

Marginal note:Escort ratio

  •  (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.

  • Marginal note:Surveillance ratio

    (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.

Marginal note:Requirement to remain together

  •  (1) A person under escort must remain with the escort while the person is in a restricted area.

  • Marginal note:Idem

    (2) An escort must remain with the person under escort while the person is in a restricted area.

  • Marginal note:Requirement to inform

    (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.

Marginal note:Screening requirement

 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Exception — conveyances

  •  (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.

  • Marginal note:Exception to exception

    (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 180.

Marginal note:Escort conveyances

 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for

  • (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;

  • (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and

  • (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Inspectors

Marginal note:Exemption

 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.

Marginal note:Inspector’s credentials

 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.

Marginal note:Escort privileges

 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector

  • (a) is acting in the course of their employment;

  • (b) does not escort more than 10 persons at one time;

  • (c) remains with the person while the person is in the restricted area;

  • (d) ensures that the person remains with the inspector while the person is in the restricted area; and

  • (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Conveyance escort privileges

  •  (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector

    • (a) is acting in the course of their employment;

    • (b) does not escort more than 10 persons at one time; and

    • (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

  • Marginal note:Additional conditions

    (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must

    • (a) remain with the person; and

    • (b) ensure that the person remains with the inspector.

  • Marginal note:Idem

    (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

  • Marginal note:Idem

    (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

DIVISION 9Airport Security Programs

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

  • SOR/2014-153, s. 16

Interpretation

Marginal note:Processes and procedures

 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

  • SOR/2014-153, s. 16

Airport Security Program Requirements

Marginal note:Requirement to establish and implement

  •  (1) The operator of an aerodrome must establish and implement an airport security program.

  • Marginal note:Program requirements

    (2) As part of its airport security program, the operator of an aerodrome must

    • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;

    • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;

    • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;

    • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;

    • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact;

    • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:

      • (i) persons who are employed at the aerodrome,

      • (ii) crew members who are based at the aerodrome, and

      • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;

    • (g) assess risk information and disseminate it within the operator’s organization for the purpose of informed decision-making about aviation security;

    • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access;

    • (i) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;

    • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:

      • (i) persons who are employed at the aerodrome, and

      • (ii) persons who require access to the aerodrome in the course of their employment;

    • (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and

    • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

  • Marginal note:Other program requirements

    (3) The following also form part of the airport security program:

    • (a) the security official referred to in section 112;

    • (b) the aerodrome security personnel training referred to in sections 115 and 116;

    • (c) the security committee or other working group or forum referred to in section 195;

    • (d) the multi-agency advisory committee referred to in section 196;

    • (e) the airport security risk assessment referred to in section 197;

    • (f) the strategic airport security plan referred to in section 202;

    • (g) the emergency plan referred to in section 206; and

    • (h) the security exercises referred to in sections 207 and 208.

  • SOR/2012-48, ss. 11, 65(F)
  • SOR/2014-153, s. 16

[192 reserved]

Marginal note:Documentation

  •  (1) The operator of an aerodrome must

    • (a) keep documentation related to its airport security risk assessment and any review of it for at least five years;

    • (b) keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and

    • (c) keep all other documentation related to its airport security program for at least two years.

  • Marginal note:Ministerial access

    (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

  • SOR/2014-153, s. 16

Marginal note:Requirement to amend

 The operator of an aerodrome must amend its airport security program if the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program.

  • SOR/2014-153, s. 16

Committees

Marginal note:Security committee

  •  (1) The operator of an aerodrome must have a security committee or other working group or forum that

    • (a) advises the operator on the development of controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;

    • (b) helps coordinate the implementation of the controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and

    • (c) promotes the sharing of information respecting the airport security program.

  • Marginal note:Terms of reference

    (2) The operator of the aerodrome must manage the security committee or other working group or forum in accordance with written terms of reference that

    • (a) identify its membership; and

    • (b) define the roles and responsibilities of each member.

  • Marginal note:Records

    (3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum.

  • SOR/2014-153, s. 16

Marginal note:Multi-agency advisory committee

  •  (1) The operator of an aerodrome must have a multi-agency advisory committee.

  • Marginal note:Membership

    (2) The operator of the aerodrome must invite at least the following persons and organizations to be members of the multi-agency advisory committee:

    • (a) the Department of Transport;

    • (b) CATSA;

    • (c) the police service with jurisdiction at the aerodrome;

    • (d) the Royal Canadian Mounted Police;

    • (e) the Canadian Security Intelligence Service; and

    • (f) the Canada Border Services Agency.

  • Marginal note:Terms of reference

    (3) The operator of the aerodrome must manage the multi-agency advisory committee in accordance with written terms of reference.

  • Marginal note:Objectives

    (4) The objectives of the multi-agency advisory committee are

    • (a) to advise the operator of the aerodrome on its airport security risk assessment and its strategic airport security plan; and

    • (b) to promote the sharing of sensitive information respecting aviation security at the aerodrome.

  • Marginal note:Records

    (5) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee.

  • SOR/2014-153, s. 16

Airport Security Risk Assessments

Marginal note:Airport security risk assessments

 The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements:

  • (a) a threat assessment that evaluates the probability that aviation security incidents will occur at the aerodrome;

  • (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation;

  • (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and

  • (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of

    • (i) a decrease in public safety and security,

    • (ii) financial and economic loss, and

    • (iii) a loss of public confidence.

  • SOR/2014-153, s. 16

Marginal note:Submission for approval

 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval.

  • SOR/2014-153, s. 16

Marginal note:Requirement to consult

 The operator of an aerodrome must consult its multi-agency advisory committee when the operator is

  • (a) preparing its airport security risk assessment for submission to the Minister for approval; and

  • (b) conducting a review of its airport security risk assessment.

  • SOR/2014-153, s. 16

Marginal note:Airport security risk assessment — annual review

  •  (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year.

  • Marginal note:Airport security risk assessment — other reviews

    (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if

    • (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security;

    • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;

    • (c) an environmental or operational change at the aerodrome could affect aerodrome security;

    • (d) a change in regulatory requirements could affect aerodrome security;

    • (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or

    • (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk.

  • Marginal note:Equivalency

    (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

  • Marginal note:Documentation

    (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document

    • (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy;

    • (b) the reasons for that decision; and

    • (c) the factors that were taken into consideration in making that decision.

  • Marginal note:Notification

    (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment

    • (a) to include a new medium to high risk; or

    • (b) to raise or lower the level of a risk within the medium to high range.

  • SOR/2014-153, s. 16

Marginal note:Approval

 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

  • (a) the assessment meets the requirements of section 197;

  • (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the operator has considered risk information provided by its multi-agency advisory committee;

  • (d) the operator has considered all available and relevant information; and

  • (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

  • SOR/2014-153, s. 16

Strategic Airport Security Plans

Marginal note:Strategic airport security plans

  •  (1) The operator of an aerodrome must establish a strategic airport security plan that

    • (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

    • (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment; and

    • (c) sets out a menu of additional safeguards that are

      • (i) intended to mitigate heightened risk conditions in a graduated manner, and

      • (ii) consistent with the operator’s legal powers and obligations.

  • Marginal note:Menu of additional safeguards

    (2) The menu of additional safeguards must

    • (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;

    • (b) allow the rapid selection of additional safeguards by activity type or location; and

    • (c) indicate the persons and organizations responsible for implementing each additional safeguard.

  • Marginal note:Activity types

    (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include

    • (a) access controls;

    • (b) monitoring and patrolling;

    • (c) communications; and

    • (d) other operational controls.

  • Marginal note:Locations

    (4) For the purposes of paragraphs (2)(a) and (b), the locations must include

    • (a) public areas of the aerodrome;

    • (b) areas of the aerodrome that are not public areas but are not restricted areas; and

    • (c) restricted areas.

  • SOR/2014-153, s. 16

Marginal note:Requirement to consult

 The operator of an aerodrome must consult its multi-agency advisory committee when the operator

  • (a) establishes its strategic airport security plan; and

  • (b) amends its strategic airport security plan under subsection 205.2(1).

  • SOR/2014-153, s. 16

Marginal note:Requirement to submit

 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.

  • SOR/2014-153, s. 16

Marginal note:Requirement to implement

 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.

  • SOR/2014-153, s. 16

Marginal note:Approval of plan

 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if

  • (a) the plan meets the requirements of section 202;

  • (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

  • (d) the risk-management strategy is in proportion to the risks it addresses;

  • (e) the operator has considered the advice of its multi-agency advisory committee;

  • (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome;

  • (g) the additional safeguards can be implemented rapidly and consistently;

  • (h) the additional safeguards are consistent with existing rights and freedoms; and

  • (i) the plan can be implemented without compromising aviation security.

  • SOR/2014-153, s. 16

Marginal note:Amendments

  •  (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if

    • (a) the plan does not reflect the operator’s most recent airport security risk assessment;

    • (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk;

    • (c) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;

    • (d) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment;

    • (e) the operator identifies a deficiency in the plan; or

    • (f) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.

  • Marginal note:Documentation

    (2) If the operator of the aerodrome amends its strategic airport security plan, the operator must document

    • (a) the reason for the amendment; and

    • (b) the factors that were taken into consideration in making that amendment.

  • Marginal note:Submission of amendment

    (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.

  • Marginal note:Approval

    (4) The Minister must approve an amendment if

    • (a) in the case of an amendment to the summary required under paragraph 202(1)(a), the conditions set out in paragraphs 205.1(a) to (c) have been met;

    • (b) in the case of an amendment to the risk-management strategy required under paragraph 202(1)(b), the conditions set out in paragraphs 205.1(a) to (f) and (i) have been met; and

    • (c) in the case of an amendment to the menu of additional safeguards required under paragraph 202(1)(c), the conditions set out in paragraphs 205.1(a), (b) and (f) to (i) have been met.

  • Marginal note:Implementation

    (5) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.

  • SOR/2014-153, s. 16

Emergency Plans

Marginal note:Plan requirements

  •  (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

    • (a) bomb threats;

    • (b) hijackings of aircraft; and

    • (c) other acts of unlawful interference with civil aviation.

  • Marginal note:Response procedures

    (2) The response procedures must

    • (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;

    • (b) include detailed procedures for the evacuation of air terminal buildings;

    • (c) include detailed procedures for the search of air terminal buildings;

    • (d) include detailed procedures for the handling and disposal of a suspected bomb; and

    • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

  • SOR/2012-48, s. 12
  • SOR/2014-153, s. 16

Security Exercises

Marginal note:Operations-based security exercise

  •  (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that

    • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

    • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

  • Marginal note:Equivalency

    (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

  • SOR/2012-48, s. 12
  • SOR/2014-153, s. 16

Marginal note:Discussion-based security exercise

  •  (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

    • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

    • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

  • Marginal note:Exception

    (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.

  • SOR/2012-48, s. 12
  • SOR/2014-153, s. 16

Marginal note:Notice

 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.

  • SOR/2014-153, s. 16

Records

Marginal note:Additional safeguards

  •  (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes

    • (a) a description of the additional safeguards that were implemented;

    • (b) an evaluation of the effectiveness of those additional safeguards; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.

  • Marginal note:Emergencies

    (2) Each time an emergency referred to in subsection 206(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes

    • (a) a description of the emergency;

    • (b) an evaluation of the effectiveness of the operator’s emergency plan; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

  • Marginal note:Exercises

    (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes

    • (a) an outline of the exercise scenario;

    • (b) an evaluation of the effectiveness of the exercise; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

  • SOR/2012-48, s. 12
  • SOR/2014-153, s. 16

Corrective Actions

Marginal note:Corrective actions

 Subject to section 212, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that

  • (a) is identified to the operator by the Minister; or

  • (b) is identified by the operator.

  • SOR/2014-153, s. 16

Marginal note:Corrective action plan

 If a corrective action to be taken by the operator of an aerodrome under section 211 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

  • SOR/2014-153, s. 16

Disclosure of Information

Marginal note:Prohibition

 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

  • SOR/2014-153, s. 16

DIVISION 10Reserved

[214 to 223 reserved]

DIVISION 11Primary Security Line Partners

Overview

Marginal note:Division overview

 This Division sets out the role of a primary security line partner in supporting the establishment and implementation of an effective airport security program by the operator of an aerodrome.

  • SOR/2014-153, s. 16

Security Official

Marginal note:Interpretation

 A security official of a primary security line partner at an aerodrome is an individual who is responsible for

  • (a) coordinating and overseeing compliance with the regulatory requirements that apply to the partner under this Part; and

  • (b) acting as the principal contact between the partner, the operator of the aerodrome and the Minister with respect to security matters, including compliance with the regulatory requirements that apply to the partner under this Part.

  • SOR/2014-153, s. 16

Marginal note:One security official at all times

  •  (1) A primary security line partner at an aerodrome must have, at all times, at least one security official or acting security official.

  • Marginal note:Contact information

    (2) The primary security line partner must provide the operator of the aerodrome and the Minister with

    • (a) the name of each security official and acting security official; and

    • (b) 24-hour contact information for those officials.

  • SOR/2014-153, s. 16

Support for Airport Security Programs

Marginal note:Requirements

 At each aerodrome where a primary security line partner carries out operations, the partner must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the partner’s employee groups and contractor groups that require access to restricted areas at the aerodrome in the course of their employment;

  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups and document how that information is communicated;

  • (c) establish, implement and document a security awareness program that promotes a culture of security vigilance and awareness among its employees and contractors if the security awareness program of the operator of the aerodrome does not cover matters that are unique to the partner’s operations;

  • (d) document the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line;

  • (e) create a document that

    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,

    • (ii) indicates the location of each restricted area access point in those areas, and

    • (iii) describes those restricted area access points;

  • (f) establish, implement and document a process for receiving, retaining, disclosing and disposing of sensitive information respecting aerodrome security in order to protect the information from unauthorized access; and

  • (g) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aerodrome security in a manner that protects the information from unauthorized access.

  • SOR/2014-153, s. 16

[228 to 230 reserved]

Provision of Information

Marginal note:Provision of information to operator of aerodrome

  •  (1) At each aerodrome where a primary security line partner carries out operations, the partner must provide the operator of the aerodrome with the information that is documented or created under this Division on reasonable notice given by the operator.

  • Marginal note:Provision to Minister

    (2) The primary security line partner must provide the Minister with the same information on reasonable notice given by the Minister.

  • SOR/2014-153, s. 16

[232 and 233 reserved]

Corrective Actions

Marginal note:Corrective actions

  •  (1) Subject to section 235, a primary security line partner must immediately take corrective actions to address a vulnerability that contributes to an aerodrome-related security risk and that

    • (a) is identified to the partner by the Minister;

    • (b) is identified to the partner by the operator of the aerodrome where the partner carries out operations; or

    • (c) is identified by the partner.

  • Marginal note:Notification

    (2) If a primary security line partner takes corrective actions at an aerodrome, the primary security line partner must immediately notify the operator of the aerodrome.

  • SOR/2014-153, s. 16

Marginal note:Corrective action plan

 If a corrective action to be taken by a primary security line partner under section 234 involves a phased approach, the primary security line partner must provide the Minister and the operator of the aerodrome with a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

  • SOR/2014-153, s. 16

Disclosure of Information

Marginal note:Prohibition

 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

  • SOR/2014-153, s. 16

DIVISION 12Other Aerodrome Operations

Overview

Marginal note:Division overview

 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

  • SOR/2012-48, s. 13

Construction Plans

Marginal note:Requirement to notify Minister

  •  (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.

  • Marginal note:Notice requirements

    (2) The notice must

    • (a) be in writing;

    • (b) state the date on which the construction will begin or the change will be made; and

    • (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.

  • SOR/2012-48, s. 13

 [Repealed, SOR/2019-183, s. 13]

[239 to 245 reserved]

PART 5Class 2 Aerodromes

Overview

Marginal note:Part overview

 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 2.

Application

Marginal note:Application

 This Part applies in respect of aerodromes listed in Schedule 2.

DIVISION 1Prohibited Items

Overview

Marginal note:Division overview

 This Division completes and supplements the regulatory framework set out in Part 3.

Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

Marginal note:Authorization

 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

  • (a) the explosive substance or incendiary device is to be used at the aerodrome

    • (i) for excavation, demolition or construction work,

    • (ii) in fireworks displays,

    • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

    • (iv) by a police service, or

    • (v) by military personnel; and

  • (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

  •  (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

  • Marginal note:Exception — liquids, aerosols and gels

    (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.

  • Marginal note:Exception — knives

    (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.

  • SOR/2012-48, s. 14

[251 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

Threat Response

Marginal note:Area under operator’s control

 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

  • (a) notify the person of the nature of the threat; and

  • (b) determine whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

  • (a) immediately notify the operator of the aerodrome of the nature of the threat; and

  • (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

 If it is determined under paragraph 15(b), 254(b) or 256(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Information Reporting

Marginal note:Security incidents

 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

  • (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

  • (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;

  • (c) a threat against the aerodrome; and

  • (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

DIVISION 3AVSEC Levels

Overview

Marginal note:Division overview

 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

  • SOR/2014-153, s. 17

AVSEC Level Requirements

Marginal note:Additional safeguards

 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:

  • (a) determine which additional safeguards are likely to mitigate the heightened risk condition;

  • (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;

  • (c) implement or continue to implement the additional safeguards; and

  • (d) notify the Minister of the additional safeguards that are being or will be implemented.

  • SOR/2014-153, s. 17

Marginal note:Notification

 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 261(b).

  • SOR/2014-153, s. 17

Marginal note:Legal powers and obligations

 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

  • SOR/2014-153, s. 17

[264 and 265 reserved]

DIVISION 4Personnel and Training

Overview

Marginal note:Division overview

 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.

  • SOR/2014-153, s. 75

[267 and 268 reserved]

Security Official

[
  • SOR/2014-153, s. 18
]

Marginal note:Interpretation

 A security official of an aerodrome is an individual who is responsible for

  • (a) coordinating and overseeing security controls and procedures at the aerodrome; and

  • (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Marginal note:Requirement

  •  (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.

  • Marginal note:Contact information

    (2) The operator of the aerodrome must provide the Minister with

    • (a) the name of each security official and acting security official; and

    • (b) 24-hour contact information for those officials.

Aerodrome Security Personnel

Marginal note:Initial training

  •  (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

  • Marginal note:Training elements

    (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

    • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;

    • (b) the security controls and procedures at the aerodrome where the personnel are employed;

    • (c) systems and equipment at the aerodrome;

    • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;

    • (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and

    • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

  • Marginal note:Grandfathering

    (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

  • SOR/2014-153, s. 19

Marginal note:Follow-up training

  •  (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

    • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

    • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

    • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and

    • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

  • Marginal note:Follow-up training

    (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.

  • Marginal note:Training elements

    (3) Follow-up training must include

    • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and

    • (b) instruction and evaluation in relation to that circumstance.

  • SOR/2014-153, s. 19

Marginal note:On-the-job training

 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1 or 2.

  • SOR/2014-153, s. 19

Marginal note:Training records

  •  (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 271 or 272, there is a training record that includes

    • (a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities;

    • (b) a description of all the training that the individual has received in accordance with section 271 or 272; and

    • (c) evaluation results for all the training that the individual has received in accordance with section 271 or 272.

  • Marginal note:Record keeping

    (2) The operator of the aerodrome must keep the training record for at least two years.

  • Marginal note:Ministerial access

    (3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.

  • SOR/2014-153, s. 19

[275 reserved]

DIVISION 5Facilitation of Screening

Overview

Marginal note:Division overview

 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.

  • SOR/2012-48, s. 15

Screening of Passengers

Marginal note:Passenger screening facilities

 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.

  • SOR/2012-48, s. 15
  • SOR/2014-153, s. 20

Marginal note:False declaration notice

  •  (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare

    • (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or

    • (b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

  • Marginal note:Official languages

    (2) The notice must be clearly visible and be in at least both official languages.

  • SOR/2012-48, s. 15
  • SOR/2014-153, s. 20

Screening of Non-passengers

Marginal note:Non-passenger screening facilities

 The operator of an aerodrome must make facilities available for non-passenger screening checkpoints at restricted area access points and at locations inside restricted areas.

  • SOR/2012-48, s. 15

Marginal note:Non-passenger access to restricted areas

 The operator of an aerodrome must, in accordance with a security measure, ensure that non-passengers enter a restricted area at the aerodrome only through a restricted area access point where screening is carried out.

  • SOR/2014-161, s. 2

Marginal note:Notice — liquids, aerosols or gels

 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas.

  • SOR/2012-48, s. 15

Screening of Checked Baggage

Marginal note:Checked baggage screening facilities

 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.

  • SOR/2012-48, s. 15
  • SOR/2014-153, s. 21

Baggage Handling Systems

Marginal note:No change without agreement

 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA.

  • SOR/2012-48, s. 15

DIVISION 6Access Controls

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.

Signs

Marginal note:Sign requirements

  •  (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must

    • (a) be in at least both official languages;

    • (b) identify the restricted area as a restricted area; and

    • (c) state that access to the area is restricted to authorized persons.

  • Marginal note:Signs on security barriers

    (2) The signs posted on a security barrier must be no more than 150 m apart.

Restricted Area Access Points

Marginal note:Access control system

 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:

  • (a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area;

  • (b) manual locking equipment; and

  • (c) automated access control equipment.

  • SOR/2012-48, s. 16

Marginal note:Passenger loading bridge

 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked.

  • SOR/2012-48, s. 16

Marginal note:Prohibition

 A person must not enter a restricted area at an aerodrome except through a restricted area access point.

Baggage Handling Systems

Marginal note:Prevention of unauthorized access

 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.

  • SOR/2012-48, s. 17

Doors, Gates, Emergency Exits and Other Devices

Marginal note:Duty to close and lock — operators

  •  (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

    • (a) the operator has control of and responsibility for the door, gate or other device; and

    • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

  • Marginal note:Emergency exit system

    (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

    • (a) the operator has control of and responsibility for the emergency exit; and

    • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Duty to close and lock — partners and lessees

  •  (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

    • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and

    • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

  • Marginal note:Emergency exit system

    (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

    • (a) the partner has control of and responsibility for the emergency exit; and

    • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Temporary use or control

 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.

Marginal note:Uncontrolled restricted area access point

 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must

  • (a) lock the door, gate or other device that allows access to or from the restricted area; and

  • (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Marginal note:Preventing locking

 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.

Marginal note:Emergency exits

 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless

  • (a) the person is authorized by the operator of the aerodrome to open it; or

  • (b) there is an emergency.

Unauthorized Access

Marginal note:Prohibition

  •  (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

  • Marginal note:Restricted areas

    (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.

  • Marginal note:Non-public areas other than restricted areas

    (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

  • Marginal note:Non-public areas other than restricted areas

    (4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

  • SOR/2014-153, s. 22

Inspectors

Marginal note:Requirement to allow access

 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.

  • SOR/2012-48, s. 18

DIVISION 7Documents of Entitlement

Marginal note:Division overview

 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity card are set out in Division 8.

  • SOR/2012-48, s. 19

Marginal note:List of documents

  •  (1) Only the following documents are documents of entitlement at an aerodrome:

    • (a) a restricted area identity card;

    • (b) a temporary pass issued by the operator of the aerodrome;

    • (c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;

    • (d) a passenger escort form that is approved by the operator of the aerodrome;

    • (e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and

    • (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

  • Marginal note:Pilot’s licence

    (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

    • (a) is acting in the course of their employment; or

    • (b) requires access to an aircraft that they own or operate.

  • SOR/2012-48, s. 19
  • SOR/2014-153, s. 23

DIVISION 8Enhanced Access Controls

Overview

Marginal note:Division overview

 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.

Identity Verification System

Marginal note:Disclosure of information

  •  (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.

  • Marginal note:Identity protection

    (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.

Information To Be Displayed on a Restricted Area Identity Card

Marginal note:Required information

  •  (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:

    • (a) the full name of the person to whom the card is issued;

    • (b) [Repealed, SOR/2022-92, s. 19]

    • (c) a photograph depicting a frontal view of the person’s face;

    • (d) the expiry date of the card;

    • (e) the name of the aerodrome where the card is issued;

    • (f) the name of the person’s employer, if the person has a single employer;

    • (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer.

    • (h) [Repealed, SOR/2022-92, s. 19]

    • (i) [Repealed, SOR/2022-92, s. 19]

  • Marginal note:Expiration date

    (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier.

  • (3) [Repealed, SOR/2022-92, s. 19]

  • Marginal note:Official languages

    (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.

Issuance of Restricted Area Identity Cards

Marginal note:Issuance criteria

  •  (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person

    • (a) applies in writing;

    • (b) is sponsored in writing by their employer;

    • (c) has a security clearance;

    • (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and

    • (e) confirms that the information displayed on the card is correct.

  • Marginal note:Activation requirement

    (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated.

Marginal note:False information

 A person must not provide false information for the purpose of obtaining a restricted area identity card.

Marginal note:Sponsorship

 An employer must not

  • (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or

  • (b) knowingly sponsor an employee for more than one restricted area identity card at a time.

Marginal note:Issuance of multiple cards

 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.

Marginal note:Replacement of cards

 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that

  • (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and

  • (b) the person still has a security clearance.

Marginal note:Requirement to inform

 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.

Marginal note:Collection of information

  •  (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:

    • (a) the applicant’s full name;

    • (b) the applicant’s height;

    • (c) a photograph depicting a frontal view of the applicant’s face;

    • (d) the applicant’s fingerprint images and iris images;

    • (e) the name of the applicant’s employer; and

    • (f) the applicant’s occupation.

  • Marginal note:Destruction of images and templates

    (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card.

Marginal note:Quality control

 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.

Marginal note:Protection of information

 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

Deactivation of Restricted Area Identity Cards

Marginal note:Deactivation request

  •  (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if

    • (a) the card expires;

    • (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or

    • (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.

  • Marginal note:Reason for deactivation

    (1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.

  • Marginal note:Prohibition

    (2) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

  • Marginal note:Notification of Minister

    (3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card.

  • SOR/2014-153, s. 24

Marginal note:Change in employment

 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if

  • (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and

  • (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Duty of employer

 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Retrieval of cards

  •  (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.

  • Marginal note:Return of cards

    (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.

  • Marginal note:Destruction of cards

    (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

Keys, Combination Codes and Personal Identification Codes

Marginal note:Issuance or assignment

 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless

  • (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or

  • (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Addition of key

 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.

Marginal note:Protection of information

 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.

Marginal note:Cancellation, withdrawal or retrieval

 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if

  • (a) the person’s restricted area identity card has been deactivated; or

  • (b) the person no longer requires ongoing access to the restricted area in the course of their employment.

Records

Marginal note:General requirement

  •  (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting

    • (a) restricted area identity cards and keys that have been issued;

    • (b) the names of the persons to whom restricted area identity cards or keys have been issued;

    • (c) the names of the persons to whom combination codes or personal identification codes have been assigned;

    • (d) blank restricted area identity cards in the operator’s possession;

    • (e) restricted area identity cards that have been deactivated;

    • (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;

    • (g) deactivated restricted area identity cards that have not been retrieved by the operator;

    • (h) restricted area identity cards that have been reported as lost or stolen;

    • (i) steps taken to retrieve deactivated restricted area identity cards;

    • (j) compliance with section 307; and

    • (k) restricted area identity cards that have been destroyed.

  • Marginal note:Deactivated cards

    (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.

  • Marginal note:Lost or stolen cards

    (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.

  • Marginal note:Provision to Minister

    (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.

Restricted Area Access Control Process

Marginal note:Use of identity verification system

 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.

Control of Access to Restricted Areas

Marginal note:Unauthorized access prohibition

 A person must not enter or remain in a restricted area unless the person

  • (a) is a person to whom a restricted area identity card has been issued; or

  • (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2012-48, s. 20

Marginal note:Restricted area identity cards — conditions of use

  •  (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless

    • (a) they are acting in the course of their employment;

    • (b) the card is in their possession;

    • (c) the card is active; and

    • (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.

  • Marginal note:Exception

    (2) Paragraph (1)(d) does not apply to crew members.

Marginal note:Display of restricted area identity cards

  •  (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.

  • Marginal note:Display of temporary passes

    (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.

  • SOR/2014-153, s. 25

Marginal note:Oversight

 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of

  • (a) an active restricted area identity card that has been issued to the person; or

  • (b) a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2012-48, s. 21

Business Continuity Plans

Marginal note:Business continuity plans

  •  (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 324 in the event that the operator is unable to use its restricted area access control process to comply with that section.

  • Marginal note:Implementation

    (2) The operator of the aerodrome must implement its business continuity plan and immediately notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 324.

  • Marginal note:Notification of delay

    (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 324.

  • Marginal note:Ministerial access

    (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Database backup

 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.

Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes

Marginal note:General prohibitions

  •  (1) A person must not

    • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;

    • (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;

    • (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;

    • (d) use a restricted area identity card or a key that has been issued to another person;

    • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;

    • (f) use a counterfeit restricted area identity card or a counterfeit key; or

    • (g) make a copy of a restricted area identity card or a key.

  • Marginal note:Disclosure or use of codes

    (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not

    • (a) disclose a combination code or personal identification code; or

    • (b) use another person’s combination code or personal identification code.

Marginal note:Report of loss or theft

  •  (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.

  • Marginal note:Employer’s duty to report

    (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.

Marginal note:Report of non-functioning card

 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.

 [Repealed, SOR/2014-153, s. 26]

Presentation and Surrender of Restricted Area Identity Cards

Marginal note:Presentation on demand

  •  (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.

  • Marginal note:Presentation during screening

    (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.

Marginal note:Surrender on demand

  •  (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.

  • Marginal note:Demand by Minister or operator

    (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen;

    • (b) the card has been deactivated; or

    • (c) the surrender of the card is required to ensure aviation security.

  • Marginal note:Demand by screening officer

    (3) A screening officer may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen;

    • (b) the card has been deactivated; or

    • (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.

  • Marginal note:Demand by peace officer

    (4) A peace officer may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen; or

    • (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.

Marginal note:Return of cards

 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.

Marginal note:Notification of Minister

 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 332(2)(c).

Escort and Surveillance

Marginal note:General requirement

  •  (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card

    • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or

    • (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.

  • Marginal note:Exceptions

    (2) This section does not apply in respect of the following persons:

    • (a) passengers who have been screened; and

    • (b) inspectors.

Marginal note:Escort ratio

  •  (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.

  • Marginal note:Surveillance ratio

    (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.

Marginal note:Requirement to remain together

  •  (1) A person under escort must remain with the escort while the person is in a restricted area.

  • Marginal note:Idem

    (2) An escort must remain with the person under escort while the person is in a restricted area.

  • Marginal note:Requirement to inform

    (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.

Marginal note:Screening requirement

 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Exception — conveyances

  •  (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.

  • Marginal note:Exception to exception

    (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 336.

Marginal note:Escort conveyances

 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for

  • (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;

  • (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and

  • (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Inspectors

Marginal note:Exemption

 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.

Marginal note:Inspector’s credentials

 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.

Marginal note:Escort privileges

 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector

  • (a) is acting in the course of their employment;

  • (b) does not escort more than 10 persons at one time;

  • (c) remains with the person while the person is in the restricted area;

  • (d) ensures that the person remains with the inspector while the person is in the restricted area; and

  • (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Conveyance escort privileges

  •  (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector

    • (a) is acting in the course of their employment;

    • (b) does not escort more than 10 persons at one time; and

    • (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

  • Marginal note:Additional conditions

    (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must

    • (a) remain with the person; and

    • (b) ensure that the person remains with the inspector.

  • Marginal note:Idem

    (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

  • Marginal note:Idem

    (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

DIVISION 9Airport Security Programs

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

  • SOR/2014-153, s. 27

Interpretation

Marginal note:Processes and procedures

 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

  • SOR/2014-153, s. 27

Airport Security Program Requirements

Marginal note:Requirement to establish and implement

  •  (1) The operator of an aerodrome must establish and implement an airport security program.

  • Marginal note:Program requirements

    (2) As part of its airport security program, the operator of an aerodrome must

    • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;

    • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;

    • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;

    • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;

    • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact;

    • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:

      • (i) persons who are employed at the aerodrome,

      • (ii) crew members who are based at the aerodrome, and

      • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;

    • (g) assess risk information and disseminate it within the operator’s organization for the purpose of informed decision-making about aviation security;

    • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access;

    • (i) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;

    • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:

      • (i) persons who are employed at the aerodrome, and

      • (ii) persons who require access to the aerodrome in the course of their employment;

    • (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and

    • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

  • Marginal note:Other program requirements

    (3) The following also form part of the airport security program:

    • (a) the security official referred to in section 270;

    • (b) the aerodrome security personnel training referred to in sections 271 and 272;

    • (c) the security committee or other working group or forum referred to in section 350;

    • (d) if applicable, the multi-agency advisory committee referred to in section 353;

    • (e) if applicable, the airport security risk assessment referred to in section 354;

    • (f) if applicable, the strategic airport security plan referred to in section 359;

    • (g) the menu of additional safeguards referred to in section 365;

    • (h) the emergency plan referred to in section 367; and

    • (i) the security exercises referred to in sections 368 and 369.

  • SOR/2012-48, ss. 22, 65(F)
  • SOR/2014-153, s. 27

Marginal note:Documentation

  •  (1) The operator of an aerodrome must

    • (a) keep documentation related to its menu of additional safeguards and any amendment to it for at least five years;

    • (b) if applicable, keep documentation related to its airport security risk assessment and any review of it for at least five years;

    • (c) if applicable, keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and

    • (d) keep all other documentation related to its airport security program for at least two years.

  • Marginal note:Ministerial access

    (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

  • SOR/2014-153, s. 27

Marginal note:Requirement to amend

 The operator of an aerodrome must amend its airport security program if the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program.

  • SOR/2014-153, s. 27

Security Committee

Marginal note:Security committee

  •  (1) The operator of an aerodrome must have a security committee or other working group or forum that

    • (a) advises the operator on the development of controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;

    • (b) helps coordinate the implementation of the controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and

    • (c) promotes the sharing of information respecting the airport security program.

  • Marginal note:Terms of reference

    (2) The operator of the aerodrome must manage the security committee or other working group or forum in accordance with written terms of reference that

    • (a) identify its membership; and

    • (b) define the roles and responsibilities of each member.

  • Marginal note:Records

    (3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum.

  • SOR/2014-153, s. 27

Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans

Marginal note:Application

  •  (1) Subject to section 352, sections 353 to 364 apply to the operator of an aerodrome if

    • (a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome; or

    • (b) the Minister makes an order stating that sections 353 to 364 apply to the operator.

  • Marginal note:Minister’s authority

    (2) The Minister is authorized to make orders stating that sections 353 to 364 apply to operators of aerodromes listed in Schedule 2.

Marginal note:Transition

  •  (1) Sections 353 and 356 do not apply to the operator of an aerodrome until the day that is six months after the earlier of

    • (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and

    • (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.

  • Marginal note:Transition

    (2) Sections 354 and 355 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of

    • (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and

    • (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.

  • Marginal note:Transition

    (3) Sections 359 and 361 do not apply to the operator of an aerodrome until the day that is 22 months after the earlier of

    • (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and

    • (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.

Marginal note:Multi-agency advisory committee

  •  (1) The operator of an aerodrome must have a multi-agency advisory committee.

  • Marginal note:Membership

    (2) The operator of the aerodrome must invite at least the following persons and organizations to be members of the multi-agency advisory committee:

    • (a) the Department of Transport;

    • (b) CATSA;

    • (c) the police service with jurisdiction at the aerodrome;

    • (d) the Royal Canadian Mounted Police;

    • (e) the Canadian Security Intelligence Service; and

    • (f) the Canada Border Services Agency.

  • Marginal note:Terms of reference

    (3) The operator of the aerodrome must manage the multi-agency advisory committee in accordance with written terms of reference.

  • Marginal note:Objectives

    (4) The objectives of the multi-agency advisory committee are

    • (a) to advise the operator of the aerodrome on its airport security risk assessment and its strategic airport security plan; and

    • (b) to promote the sharing of sensitive information respecting aviation security at the aerodrome.

  • Marginal note:Records

    (5) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee.

  • SOR/2014-153, s. 27

Marginal note:Airport security risk assessments

 The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements:

  • (a) a threat assessment that evaluates the probability that aviation security incidents will occur at the aerodrome;

  • (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation;

  • (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and

  • (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of

    • (i) a decrease in public safety and security,

    • (ii) financial and economic loss, and

    • (iii) a loss of public confidence.

  • SOR/2014-153, s. 27

Marginal note:Submission for approval

 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval.

  • SOR/2014-153, s. 27

Marginal note:Requirement to consult

 The operator of an aerodrome must consult its multi-agency advisory committee when the operator is

  • (a) preparing its airport security risk assessment for submission to the Minister for approval; and

  • (b) conducting a review of its airport security risk assessment.

  • SOR/2014-153, s. 27

Marginal note:Airport security risk assessment — annual review

  •  (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year.

  • Marginal note:Airport security risk assessment — other reviews

    (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if

    • (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security;

    • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;

    • (c) an environmental or operational change at the aerodrome could affect aerodrome security;

    • (d) a change in regulatory requirements could affect aerodrome security;

    • (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or

    • (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk.

  • Marginal note:Equivalency

    (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

  • Marginal note:Documentation

    (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document

    • (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy;

    • (b) the reasons for that decision; and

    • (c) the factors that were taken into consideration in making that decision.

  • Marginal note:Notification

    (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment

    • (a) to include a new medium to high risk; or

    • (b) to raise or lower the level of a risk within the medium to high range.

  • SOR/2014-153, s. 27

Marginal note:Approval

 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

  • (a) the assessment meets the requirements of section 354;

  • (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the operator has considered risk information provided by its multi-agency advisory committee;

  • (d) the operator has considered all available and relevant information; and

  • (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

  • SOR/2014-153, s. 27

Marginal note:Strategic airport security plans

 The operator of an aerodrome must establish a strategic airport security plan that

  • (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and

  • (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment.

  • SOR/2014-153, s. 27

Marginal note:Requirement to consult

 The operator of an aerodrome must consult its multi-agency advisory committee when the operator

  • (a) establishes its strategic airport security plan; and

  • (b) amends its strategic airport security plan under subsection 364(1).

  • SOR/2014-153, s. 27

Marginal note:Requirement to submit

 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.

  • SOR/2014-153, s. 27

Marginal note:Requirement to implement

 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.

  • SOR/2014-153, s. 27

Marginal note:Approval of plan

 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if

  • (a) the plan meets the requirements of section 359;

  • (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

  • (d) the risk-management strategy is in proportion to the risks it addresses;

  • (e) the operator has considered the advice of its multi-agency advisory committee;

  • (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and

  • (g) the plan can be implemented without compromising aviation security.

  • SOR/2014-153, s. 27

Marginal note:Amendments

  •  (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if

    • (a) the plan does not reflect the operator’s airport security risk assessment;

    • (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk;

    • (c) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or

    • (d) the operator identifies a deficiency in the plan.

  • Marginal note:Documentation — risk-management strategy

    (2) If the operator of the aerodrome amends its risk-management strategy, the operator must document

    • (a) the reason for the amendment; and

    • (b) the factors that were taken into consideration in making that amendment.

  • Marginal note:Documentation — strategic airport security plan

    (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document

    • (a) the reason for the amendment; and

    • (b) the factors that were taken into consideration in making that amendment.

  • Marginal note:Submission of amendment

    (4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.

  • Marginal note:Approval

    (5) The Minister must approve an amendment if

    • (a) in the case of an amendment to the summary required under paragraph 359(a), the conditions set out in paragraphs 363(a) to (c) have been met; and

    • (b) in the case of an amendment to the risk-management strategy required under paragraph 359(b), the conditions set out in section 363 have been met.

  • Marginal note:Implementation

    (6) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.

  • SOR/2014-153, s. 27

Menu of Additional Safeguards

Marginal note:Requirement to establish

  •  (1) The operator of an aerodrome must establish a menu of additional safeguards that are

    • (a) intended to mitigate heightened risk conditions in a graduated manner; and

    • (b) consistent with the operator’s legal powers and obligations.

  • Marginal note:Menu requirements

    (2) The menu of additional safeguards must

    • (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;

    • (b) allow the rapid selection of additional safeguards by activity type or location; and

    • (c) indicate the persons and organizations responsible for implementing each additional safeguard.

  • Marginal note:Activity types

    (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include

    • (a) access controls;

    • (b) monitoring and patrolling;

    • (c) communications; and

    • (d) other operational controls.

  • Marginal note:Locations

    (4) For the purposes of paragraphs (2)(a) and (b), the locations must include

    • (a) public areas of the aerodrome;

    • (b) areas of the aerodrome that are not public areas but are not restricted areas; and

    • (c) restricted areas.

  • SOR/2014-153, s. 27

Marginal note:Requirement to submit

 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval.

  • SOR/2014-153, s. 27

Marginal note:Approval

 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if

  • (a) the menu meets the requirements of section 365;

  • (b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the additional safeguards can be implemented rapidly and consistently;

  • (d) the additional safeguards are consistent with existing rights and freedoms; and

  • (e) the additional safeguards can be implemented without compromising aviation security.

  • SOR/2014-153, s. 27

Marginal note:Amendments

  •  (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if

    • (a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;

    • (b) the operator identifies a deficiency in the menu; or

    • (c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.

  • Marginal note:Requirement to consult

    (2) If applicable, the operator of the aerodrome must consult its multi-agency advisory committee when amending its menu of additional safeguards.

  • Marginal note:Submission of amendment

    (3) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval.

  • Marginal note:Approval

    (4) The Minister must approve the amendment if the conditions set out in section 366.1 continue to be met.

  • SOR/2014-153, s. 27

Emergency Plans

Marginal note:Plan requirements

  •  (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

    • (a) bomb threats;

    • (b) hijackings of aircraft; and

    • (c) other acts of unlawful interference with civil aviation.

  • Marginal note:Response procedures

    (2) The response procedures must

    • (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;

    • (b) include detailed procedures for the evacuation of air terminal buildings;

    • (c) include detailed procedures for the search of air terminal buildings;

    • (d) include detailed procedures for the handling and disposal of a suspected bomb; and

    • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

  • SOR/2012-48, s. 23
  • SOR/2014-153, s. 27

Security Exercises

Marginal note:Operations-based security exercise

  •  (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that

    • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

    • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

  • Marginal note:Equivalency

    (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

  • SOR/2012-48, s. 23
  • SOR/2014-153, s. 27

Marginal note:Discussion-based security exercise

  •  (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

    • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

    • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

  • Marginal note:Exception

    (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.

  • SOR/2012-48, s. 23
  • SOR/2014-153, s. 27

Marginal note:Notice

 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.

  • SOR/2014-153, s. 27

Records

Marginal note:Additional safeguards

  •  (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes

    • (a) a description of the additional safeguards that were implemented;

    • (b) an evaluation of the effectiveness of those additional safeguards; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.

  • Marginal note:Emergencies

    (2) Each time an emergency referred to in subsection 367(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes

    • (a) a description of the emergency;

    • (b) an evaluation of the effectiveness of the operator’s emergency plan; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

  • Marginal note:Exercises

    (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes

    • (a) an outline of the exercise scenario;

    • (b) an evaluation of the effectiveness of the exercise; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

  • SOR/2012-48, s. 23
  • SOR/2014-153, s. 27

Corrective Actions

Marginal note:Corrective actions

 Subject to section 373, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that

  • (a) is identified to the operator by the Minister; or

  • (b) is identified by the operator.

  • SOR/2014-153, s. 27

Marginal note:Corrective action plan

 If a corrective action to be taken by the operator of an aerodrome under section 372 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

  • SOR/2014-153, s. 27

Primary Security Line Partners

Marginal note:Provision of information to operator of aerodrome

  •  (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with

    • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and

    • (b) a document that

      • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,

      • (ii) indicates the location of each restricted area access point in those areas, and

      • (iii) describes those restricted area access points.

  • Marginal note:Provision of information to Minister

    (2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.

  • SOR/2014-153, s. 27

[375 to 379 reserved]

Disclosure of Information

Marginal note:Prohibition

 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

  • SOR/2014-153, s. 27

DIVISION 10Reserved

[381 to 390 reserved]

DIVISION 11Other Aerodrome Operations

Overview

Marginal note:Division overview

 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

  • SOR/2012-48, s. 24

Construction Plans

Marginal note:Requirement to notify Minister

  •  (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.

  • Marginal note:Notice requirements

    (2) The notice must

    • (a) be in writing;

    • (b) state the date on which the construction will begin or the change will be made; and

    • (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.

  • SOR/2012-48, s. 24

[393 to 400 reserved]

PART 6Class 3 Aerodromes

Overview

Marginal note:Part overview

 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Application

Marginal note:Application

 This Part applies in respect of aerodromes listed in Schedule 3 and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

DIVISION 1Prohibited Items

Overview

Marginal note:Division overview

 This Division completes and supplements the regulatory framework set out in Part 3.

Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

Marginal note:Authorization

 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

  • (a) the explosive substance or incendiary device is to be used at the aerodrome

    • (i) for excavation, demolition or construction work,

    • (ii) in fireworks displays,

    • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

    • (iv) by a police service, or

    • (v) by military personnel; and

  • (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

  •  (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

  • Marginal note:Exception — liquids, aerosols and gels

    (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.

  • Marginal note:Exception — knives

    (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.

  • SOR/2012-48, s. 25

[406 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

Threat Response

Marginal note:Area under operator’s control

 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

  • (a) notify the person of the nature of the threat; and

  • (b) determine whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

  • (a) immediately notify the operator of the aerodrome of the nature of the threat; and

  • (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

 If it is determined under paragraph 15(b), 409(b) or 411(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Information Reporting

Marginal note:Security incidents

 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

  • (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

  • (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;

  • (c) a threat against the aerodrome; and

  • (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

DIVISION 3AVSEC Levels

Overview

Marginal note:Division overview

 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

  • SOR/2014-153, s. 28

AVSEC Level Requirements

Marginal note:Additional safeguards

 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:

  • (a) determine which additional safeguards are likely to mitigate the heightened risk condition;

  • (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;

  • (c) implement or continue to implement the additional safeguards; and

  • (d) notify the Minister of the additional safeguards that are being or will be implemented.

  • SOR/2014-153, s. 28

Marginal note:Notification

 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 416(b).

  • SOR/2014-153, s. 28

Marginal note:Legal powers and obligations

 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

  • SOR/2014-153, s. 28

[419 and 420 reserved]

DIVISION 4Personnel and Training

Overview

Marginal note:Division overview

 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.

  • SOR/2014-153, s. 75

[422 and 423 reserved]

Security Official

[
  • SOR/2014-153, s. 29
]

Marginal note:Interpretation

 A security official of an aerodrome is an individual who is responsible for

  • (a) coordinating and overseeing security controls and procedures at the aerodrome; and

  • (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Marginal note:Requirement

  •  (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.

  • Marginal note:Contact information

    (2) The operator of the aerodrome must provide the Minister with

    • (a) the name of each security official and acting security official; and

    • (b) 24-hour contact information for those officials.

Aerodrome Security Personnel

Marginal note:Initial training

  •  (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

  • Marginal note:Training elements

    (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

    • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;

    • (b) the security controls and procedures at the aerodrome where the personnel are employed;

    • (c) systems and equipment at the aerodrome;

    • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;

    • (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and

    • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

  • Marginal note:Grandfathering

    (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

  • SOR/2014-153, s. 30

Marginal note:Follow-up training

  •  (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

    • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

    • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

    • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and

    • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

  • Marginal note:Follow-up training

    (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.

  • Marginal note:Training elements

    (3) Follow-up training must include

    • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and

    • (b) instruction and evaluation in relation to that circumstance.

  • SOR/2014-153, s. 30

Marginal note:On-the-job training

 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1, 2 or 3.

  • SOR/2014-153, s. 30

Marginal note:Training records

  •  (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 426 or 427, there is a training record that includes

    • (a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities;

    • (b) a description of all the training that the individual has received in accordance with section 426 or 427; and

    • (c) evaluation results for all the training that the individual has received in accordance with section 426 or 427.

  • Marginal note:Record keeping

    (2) The operator of the aerodrome must keep the training record for at least two years.

  • Marginal note:Ministerial access

    (3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.

  • SOR/2014-153, s. 30

[430 reserved]

DIVISION 5Facilitation of Screening

Overview

Marginal note:Division overview

 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.

  • SOR/2012-48, s. 26

Screening of Passengers

Marginal note:Passenger screening facilities

 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.

  • SOR/2012-48, s. 26
  • SOR/2014-153, s. 31

Marginal note:False declaration notice

  •  (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare

    • (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or

    • (b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

  • Marginal note:Official languages

    (2) The notice must be clearly visible and be in at least both official languages.

  • SOR/2012-48, s. 26
  • SOR/2014-153, s. 31

Notice for Non-passengers

Marginal note:Notice — Liquids, aerosols or gels

 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas.

  • SOR/2012-48, s. 26

Screening of Checked Baggage

Marginal note:Checked baggage screening facilities

 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.

  • SOR/2012-48, s. 26
  • SOR/2014-153, s. 32

Baggage Handling Systems

Marginal note:No change without agreement

 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA.

  • SOR/2012-48, s. 26

DIVISION 6Access Controls

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.

Signs

Marginal note:Sign requirements

  •  (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must

    • (a) be in at least both official languages;

    • (b) identify the restricted area as a restricted area; and

    • (c) state that access to the area is restricted to authorized persons.

  • Marginal note:Signs on security barriers

    (2) The signs posted on a security barrier must be no more than 150 m apart.

  • SOR/2012-48, s. 27

Restricted Area Access Points

Marginal note:Access control system

 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:

  • (a) surveillance by a person authorized by the operator of the aerodrome to control access to restricted area;

  • (b) manual locking equipment; and

  • (c) automated access control equipment.

  • SOR/2012-48, s. 28

Marginal note:Passenger loading bridge

 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked.

  • SOR/2012-48, s. 28

Marginal note:Prohibition

 A person must not enter a restricted area at an aerodrome except through a restricted area access point.

Baggage Handling Systems

Marginal note:Prevention of unauthorized access

 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.

  • SOR/2012-48, s. 29

Doors, Gates, Emergency Exits and Other Devices

Marginal note:Duty to close and lock — operators

  •  (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

    • (a) the operator has control of and responsibility for the door, gate or other device; and

    • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

  • Marginal note:Emergency exit system

    (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

    • (a) the operator has control of and responsibility for the emergency exit; and

    • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Duty to close and lock — partners and lessees

  •  (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

    • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and

    • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

  • Marginal note:Emergency exit system

    (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

    • (a) the partner has control of and responsibility for the emergency exit; and

    • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Temporary use or control

 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.

Marginal note:Uncontrolled restricted area access point

 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must

  • (a) lock the door, gate or other device that allows access to or from the restricted area; and

  • (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Marginal note:Preventing locking

 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.

Marginal note:Emergency exits

 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless

  • (a) the person is authorized by the operator of the aerodrome to open it; or

  • (b) there is an emergency.

Unauthorized Access

Marginal note:Prohibition

  •  (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

  • Marginal note:Restricted areas

    (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 and 7 are met.

  • Marginal note:Non-public areas other than restricted areas

    (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

  • Marginal note:Non-public areas other than restricted areas

    (4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

  • SOR/2014-153, s. 33

Inspectors

Marginal note:Requirement to allow access

 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.

  • SOR/2012-48, s. 30

DIVISION 7Documents of Entitlement

Marginal note:Division overview

 This Division sets out provisions respecting documents of entitlement.

  • SOR/2012-48, s. 31

Marginal note:List of documents

  •  (1) Only the following documents are documents of entitlement at an aerodrome:

    • (a) a restricted area pass;

    • (a.1) a restricted area identity card;

    • (b) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;

    • (c) a passenger escort form that is approved by the operator of the aerodrome;

    • (d) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and

    • (e) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

  • Marginal note:Pilot’s licence

    (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

    • (a) is acting in the course of their employment; or

    • (b) requires access to an aircraft that they own or operate.

  • SOR/2012-48, s. 31
  • SOR/2014-153, s. 34
  • SOR/2016-39, s. 2

DIVISION 7.1Enhanced Access Controls

Overview

Marginal note:Division overview

 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.

  • SOR/2016-39, s. 3

Identity Verification System

Marginal note:Disclosure of information

  •  (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.

  • Marginal note:Identity protection

    (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.

  • SOR/2016-39, s. 3

Information To Be Displayed on a Restricted Area Identity Card

Marginal note:Required information

  •  (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:

    • (a) the full name of the person to whom the card is issued;

    • (b) [Repealed, SOR/2022-92, s. 23]

    • (c) a photograph depicting a frontal view of the person’s face;

    • (d) the expiry date of the card;

    • (e) the name of the aerodrome where the card is issued;

    • (f) the name of the person’s employer, if the person has a single employer;

    • (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer.

    • (h) [Repealed, SOR/2022-92, s. 23]

    • (i) [Repealed, SOR/2022-92, s. 23]

  • Marginal note:Expiration date

    (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier.

  • (3) [Repealed, SOR/2022-92, s. 23]

  • Marginal note:Official languages

    (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.

Issuance of Restricted Area Identity Cards

Marginal note:Issuance criteria

  •  (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person

    • (a) applies in writing;

    • (b) is sponsored in writing by their employer;

    • (c) has a security clearance;

    • (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and

    • (e) confirms that the information displayed on the card is correct.

  • Marginal note:Activation requirement

    (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated.

  • SOR/2016-39, s. 3

Marginal note:False information

 A person must not provide false information for the purpose of obtaining a restricted area identity card.

  • SOR/2016-39, s. 3

Marginal note:Sponsorship

 An employer must not

  • (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or

  • (b) knowingly sponsor an employee for more than one restricted area identity card at a time.

  • SOR/2016-39, s. 3

Marginal note:Issuance of multiple cards

 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.

  • SOR/2016-39, s. 3

Marginal note:Replacement of cards

 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that

  • (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and

  • (b) the person still has a security clearance.

  • SOR/2016-39, s. 3

Marginal note:Requirement to inform

 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.

  • SOR/2016-39, s. 3

Marginal note:Collection of information

  •  (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:

    • (a) the applicant’s full name;

    • (b) the applicant’s height;

    • (c) a photograph depicting a frontal view of the applicant’s face;

    • (d) the applicant’s fingerprint images and iris images;

    • (e) the name of the applicant’s employer; and

    • (f) the applicant’s occupation.

  • Marginal note:Destruction of images and templates

    (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card.

  • SOR/2016-39, s. 3

Marginal note:Quality control

 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.

  • SOR/2016-39, s. 3

Marginal note:Protection of information

 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

  • SOR/2016-39, s. 3

Deactivation of Restricted Area Identity Cards

Marginal note:Deactivation request

  •  (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if

    • (a) the card expires;

    • (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or

    • (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.

  • Marginal note:Reason for deactivation

    (2) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.

  • Marginal note:Prohibition

    (3) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

  • Marginal note:Notification of Minister

    (4) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card.

  • SOR/2016-39, s. 3

Marginal note:Change in employment

 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if

  • (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and

  • (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment.

  • SOR/2016-39, s. 3

Marginal note:Duty of employer

 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.

  • SOR/2016-39, s. 3

Marginal note:Retrieval of cards

  •  (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.

  • Marginal note:Return of cards

    (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.

  • Marginal note:Destruction of cards

    (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

Keys, Combination Codes and Personal Identification Codes

Marginal note:Issuance or assignment

 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless

  • (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or

  • (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

  • SOR/2016-39, s. 3

Marginal note:Addition of key

 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.

  • SOR/2016-39, s. 3

Marginal note:Protection of information

 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.

  • SOR/2016-39, s. 3

Marginal note:Cancellation, withdrawal or retrieval

 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if

  • (a) the person’s restricted area identity card has been deactivated; or

  • (b) the person no longer requires ongoing access to the restricted area in the course of their employment.

  • SOR/2016-39, s. 3

Records

Marginal note:General requirement

  •  (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting

    • (a) restricted area identity cards and keys that have been issued;

    • (b) the names of the persons to whom restricted area identity cards or keys have been issued;

    • (c) the names of the persons to whom combination codes or personal identification codes have been assigned;

    • (d) blank restricted area identity cards in the operator’s possession;

    • (e) restricted area identity cards that have been deactivated;

    • (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;

    • (g) deactivated restricted area identity cards that have not been retrieved by the operator;

    • (h) restricted area identity cards that have been reported as lost or stolen;

    • (i) steps taken to retrieve deactivated restricted area identity cards;

    • (j) compliance with section 452.09; and

    • (k) restricted area identity cards that have been destroyed.

  • Marginal note:Deactivated cards

    (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.

  • Marginal note:Lost or stolen cards

    (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.

  • Marginal note:Provision to Minister

    (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.

Restricted Area Access Control Process

Marginal note:Use of identity verification system

 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.

  • SOR/2016-39, s. 3

Control of Access to Restricted Areas

Marginal note:Unauthorized access prohibition

 A person must not enter or remain in a restricted area unless the person

  • (a) is a person to whom a restricted area identity card has been issued; or

  • (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2016-39, s. 3

Marginal note:Restricted area identity cards — conditions of use

  •  (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless

    • (a) they are acting in the course of their employment;

    • (b) the card is in their possession;

    • (c) the card is active; and

    • (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.

  • Marginal note:Exception

    (2) Paragraph (1)(d) does not apply to crew members.

  • SOR/2016-39, s. 3

Marginal note:Display of restricted area identity cards

  •  (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.

  • Marginal note:Display of temporary passes

    (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.

  • SOR/2016-39, s. 3

Marginal note:Oversight

 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of

  • (a) an active restricted area identity card that has been issued to the person; or

  • (b) a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2016-39, s. 3

Business Continuity Plans

Marginal note:Business continuity plans

  •  (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 452.26 in the event that the operator is unable to use its restricted area access control process to comply with that section.

  • Marginal note:Implementation

    (2) The operator of the aerodrome must implement its business continuity plan and immediately notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 452.26.

  • Marginal note:Notification of delay

    (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 452.26.

  • Marginal note:Ministerial access

    (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Database backup

 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.

  • SOR/2016-39, s. 3

Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes

Marginal note:General prohibitions

  •  (1) A person must not

    • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;

    • (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;

    • (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;

    • (d) use a restricted area identity card or a key that has been issued to another person;

    • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;

    • (f) use a counterfeit restricted area identity card or a counterfeit key; or

    • (g) make a copy of a restricted area identity card or a key.

  • Marginal note:Disclosure or use of codes

    (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not

    • (a) disclose a combination code or personal identification code; or

    • (b) use another person’s combination code or personal identification code.

  • SOR/2016-39, s. 3

Marginal note:Report of loss or theft

  •  (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.

  • Marginal note:Employer’s duty to report

    (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.

  • SOR/2016-39, s. 3

Marginal note:Report of non-functioning card

 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.

  • SOR/2016-39, s. 3

Presentation and Surrender of Restricted Area Identity Cards

Marginal note:Presentation on demand

  •  (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.

  • Marginal note:Presentation during screening

    (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.

  • SOR/2016-39, s. 3

Marginal note:Surrender on demand

  •  (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.

  • Marginal note:Demand by Minister or operator

    (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen;

    • (b) the card has been deactivated; or

    • (c) the surrender of the card is required to ensure aviation security.

  • Marginal note:Demand by screening officer

    (3) A screening officer may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen;

    • (b) the card has been deactivated; or

    • (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.

  • Marginal note:Demand by peace officer

    (4) A peace officer may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen; or

    • (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.

  • SOR/2016-39, s. 3

Marginal note:Return of cards

 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.

  • SOR/2016-39, s. 3

Marginal note:Notification of Minister

 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 452.33(2)(c).

  • SOR/2016-39, s. 3

Escort and Surveillance

Marginal note:General requirement

  •  (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card

    • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or

    • (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.

  • Marginal note:Exceptions

    (2) This section does not apply in respect of the following persons:

    • (a) passengers who have been screened; and

    • (b) inspectors.

  • SOR/2016-39, s. 3

Marginal note:Escort ratio

  •  (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.

  • Marginal note:Surveillance ratio

    (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.

  • SOR/2016-39, s. 3

Marginal note:Requirement to remain together

  •  (1) A person under escort must remain with the escort while the person is in a restricted area.

  • Marginal note:Idem

    (2) An escort must remain with the person under escort while the person is in a restricted area.

  • Marginal note:Requirement to inform

    (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.

  • SOR/2016-39, s. 3

Marginal note:Screening requirement

 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.

  • SOR/2016-39, s. 3

Marginal note:Exception — conveyances

  •  (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.

  • Marginal note:Exception to exception

    (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 452.37.

  • SOR/2016-39, s. 3

Marginal note:Escort conveyances

 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for

  • (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;

  • (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and

  • (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

  • SOR/2016-39, s. 3

Inspectors

Marginal note:Exemption

 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.

  • SOR/2016-39, s. 3

Marginal note:Inspector’s credentials

 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.

  • SOR/2016-39, s. 3

Marginal note:Escort privileges

 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector

  • (a) is acting in the course of their employment;

  • (b) does not escort more than 10 persons at one time;

  • (c) remains with the person while the person is in the restricted area;

  • (d) ensures that the person remains with the inspector while the person is in the restricted area; and

  • (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.

  • SOR/2016-39, s. 3

Marginal note:Conveyance escort privileges

  •  (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector

    • (a) is acting in the course of their employment;

    • (b) does not escort more than 10 persons at one time; and

    • (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

  • Marginal note:Additional conditions

    (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must

    • (a) remain with the person; and

    • (b) ensure that the person remains with the inspector.

  • Marginal note:Idem

    (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

  • Marginal note:Idem

    (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

  • SOR/2016-39, s. 3

DIVISION 8Airport Security Programs

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

  • SOR/2014-153, s. 35

Interpretation

Marginal note:Processes and procedures

 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

  • SOR/2014-153, s. 35

Airport Security Program Requirements

Marginal note:Requirement to establish and implement

  •  (1) The operator of an aerodrome must establish and implement an airport security program.

  • Marginal note:Program requirements

    (2) As part of its airport security program, the operator of an aerodrome must

    • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;

    • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;

    • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;

    • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;

    • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact;

    • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:

      • (i) persons who are employed at the aerodrome,

      • (ii) crew members who are based at the aerodrome, and

      • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;

    • (g) assess risk information and disseminate it within the operator’s organization for the purpose of informed decision-making about aviation security;

    • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access;

    • (i) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;

    • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:

      • (i) persons who are employed at the aerodrome, and

      • (ii) persons who require access to the aerodrome in the course of their employment;

    • (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and

    • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

  • Marginal note:Other program requirements

    (3) The following also form part of the airport security program:

    • (a) the security official referred to in section 425;

    • (b) the aerodrome security personnel training referred to in sections 426 and 427;

    • (c) the security committee or other working group or forum referred to in section 458;

    • (d) if applicable, the airport security risk assessment referred to in section 461;

    • (e) if applicable, the strategic airport security plan referred to in section 466;

    • (f) the menu of additional safeguards referred to in section 472;

    • (g) the emergency plan referred to in section 474; and

    • (h) the security exercises referred to in sections 475 and 476.

  • SOR/2012-48, ss. 32, 65(F)
  • SOR/2014-153, s. 35

Marginal note:Documentation

  •  (1) The operator of an aerodrome must

    • (a) keep documentation related to its menu of additional safeguards and any amendment to it for at least five years;

    • (b) if applicable, keep documentation related to its airport security risk assessment and any review of it for at least five years;

    • (c) if applicable, keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and

    • (d) keep all other documentation related to its airport security program for at least two years.

  • Marginal note:Ministerial access

    (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

  • SOR/2014-153, s. 35

Marginal note:Requirement to amend

 The operator of an aerodrome must amend its airport security program if the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program.

  • SOR/2014-153, s. 35

Security Committee

Marginal note:Security committee

  •  (1) The operator of an aerodrome must have a security committee or other working group or forum that

    • (a) advises the operator on the development of controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;

    • (b) helps coordinate the implementation of the controls and processes that are necessary at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and

    • (c) promotes the sharing of information respecting the airport security program.

  • Marginal note:Terms of reference

    (2) The operator of the aerodrome must manage the security committee or other working group or forum in accordance with written terms of reference that

    • (a) identify its membership; and

    • (b) define the roles and responsibilities of each member.

  • Marginal note:Records

    (3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum.

  • SOR/2014-153, s. 35

Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans

Marginal note:Application

  •  (1) Subject to section 460, sections 461 to 471 apply to the operator of an aerodrome if

    • (a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 3 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome; or

    • (b) the Minister makes an order stating that sections 461 to 471 apply to the operator.

  • Marginal note:Minister’s authority

    (2) The Minister is authorized to make orders stating that sections 461 to 471 apply to operators of aerodromes listed in Schedule 3.

Marginal note:Transition

  •  (1) Sections 461 and 462 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of

    • (a) the day on which an aviation security regulation adding an asterisk in Schedule 3 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and

    • (b) the day on which a ministerial order stating that sections 461 to 471 apply to the operator comes into force.

  • Marginal note:Transition

    (2) Sections 466 and 468 do not apply to the operator of an aerodrome until the day that is 22 months after the earlier of

    • (a) the day on which an aviation security regulation adding an asterisk in Schedule 3 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and

    • (b) the day on which a ministerial order stating that sections 461 to 471 apply to the operator comes into force.

Marginal note:Airport security risk assessments

 The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements:

  • (a) a threat assessment that evaluates the probability that aviation security incidents will occur at the aerodrome;

  • (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation;

  • (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and

  • (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of

    • (i) a decrease in public safety and security,

    • (ii) financial and economic loss, and

    • (iii) a loss of public confidence.

  • SOR/2014-153, s. 35

Marginal note:Submission for approval

 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval.

  • SOR/2014-153, s. 35

Marginal note:Requirement to consult

 The operator of an aerodrome must consult its security committee or other working group or forum when the operator is

  • (a) preparing its airport security risk assessment for submission to the Minister for approval; and

  • (b) conducting a review of its airport security risk assessment.

  • SOR/2014-153, s. 35

Marginal note:Airport security risk assessment — annual review

  •  (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year.

  • Marginal note:Airport security risk assessment — other reviews

    (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if

    • (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security;

    • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;

    • (c) an environmental or operational change at the aerodrome could affect aerodrome security;

    • (d) a change in regulatory requirements could affect aerodrome security;

    • (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or

    • (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk.

  • Marginal note:Equivalency

    (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

  • Marginal note:Documentation

    (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document

    • (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy;

    • (b) the reasons for that decision; and

    • (c) the factors that were taken into consideration in making that decision.

  • Marginal note:Notification

    (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment

    • (a) to include a new medium to high risk; or

    • (b) to raise or lower the level of a risk within the medium to high range.

  • SOR/2014-153, s. 35

Marginal note:Approval

 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

  • (a) the assessment meets the requirements of section 461;

  • (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the operator has considered the advice of its security committee or other working group or forum;

  • (d) the operator has considered all available and relevant information; and

  • (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

  • SOR/2014-153, s. 35

Marginal note:Strategic airport security plans

 The operator of an aerodrome must establish a strategic airport security plan that

  • (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and

  • (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment.

  • SOR/2014-153, s. 35

Marginal note:Requirement to consult

 The operator of an aerodrome must consult its security committee or other working group or forum when establishing its strategic airport security plan.

  • SOR/2014-153, s. 35

Marginal note:Requirement to submit

 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.

  • SOR/2014-153, s. 35

Marginal note:Requirement to implement

 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.

  • SOR/2014-153, s. 35

Marginal note:Approval of plan

 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if

  • (a) the plan meets the requirements of section 466;

  • (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

  • (d) the risk-management strategy is in proportion to the risks it addresses;

  • (e) the operator has considered the advice of its security committee or other working group or forum;

  • (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and

  • (g) the plan can be implemented without compromising aviation security.

  • SOR/2014-153, s. 35

Marginal note:Amendments

  •  (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if

    • (a) the plan does not reflect the operator’s airport security risk assessment;

    • (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk;

    • (c) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or

    • (d) the operator identifies a deficiency in the plan.

  • Marginal note:Documentation — risk-management strategy

    (2) If the operator of the aerodrome amends its risk-management strategy, the operator must document

    • (a) the reason for the amendment; and

    • (b) the factors that were taken into consideration in making that amendment.

  • Marginal note:Documentation — strategic airport security plan

    (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document

    • (a) the reason for the amendment; and

    • (b) the factors that were taken into consideration in making that amendment.

  • Marginal note:Submission of amendment

    (4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.

  • Marginal note:Approval

    (5) The Minister must approve an amendment if

    • (a) in the case of an amendment to the summary required under paragraph 466(a), the conditions set out in paragraphs 470(a) to (c) have been met; and

    • (b) in the case of an amendment to the risk-management strategy required under paragraph 466(b), the conditions set out in section 470 have been met.

  • Marginal note:Implementation

    (6) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.

  • SOR/2014-153, s. 35

Menu of Additional Safeguards

Marginal note:Requirement to establish

  •  (1) The operator of an aerodrome must establish a menu of additional safeguards that are

    • (a) intended to mitigate heightened risk conditions in a graduated manner; and

    • (b) consistent with the operator’s legal powers and obligations.

  • Marginal note:Menu requirements

    (2) The menu of additional safeguards must

    • (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;

    • (b) allow the rapid selection of additional safeguards by activity type or location; and

    • (c) indicate the persons and organizations responsible for implementing each additional safeguard.

  • Marginal note:Activity types

    (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include

    • (a) access controls;

    • (b) monitoring and patrolling;

    • (c) communications; and

    • (d) other operational controls.

  • Marginal note:Locations

    (4) For the purposes of paragraphs (2)(a) and (b), the locations must include

    • (a) public areas of the aerodrome;

    • (b) areas of the aerodrome that are not public areas but are not restricted areas; and

    • (c) restricted areas.

  • SOR/2014-153, s. 35

Marginal note:Requirement to submit

 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval.

  • SOR/2014-153, s. 35

Marginal note:Approval

 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if

  • (a) the menu meets the requirements of section 472;

  • (b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the additional safeguards can be implemented rapidly and consistently;

  • (d) the additional safeguards are consistent with existing rights and freedoms; and

  • (e) the additional safeguards can be implemented without compromising aviation security.

  • SOR/2014-153, s. 35

Marginal note:Amendments

  •  (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if

    • (a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;

    • (b) the operator identifies a deficiency in the menu; or

    • (c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.

  • Marginal note:Submission of amendment

    (2) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval.

  • Marginal note:Approval

    (3) The Minister must approve the amendment if the conditions set out in section 473.1 continue to be met.

  • SOR/2014-153, s. 35

Emergency Plans

Marginal note:Plan requirements

  •  (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

    • (a) bomb threats;

    • (b) hijackings of aircraft; and

    • (c) other acts of unlawful interference with civil aviation.

  • Marginal note:Response procedures

    (2) The response procedures must

    • (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;

    • (b) include detailed procedures for the evacuation of air terminal buildings;

    • (c) include detailed procedures for the search of air terminal buildings;

    • (d) include detailed procedures for the handling and disposal of a suspected bomb; and

    • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

  • SOR/2012-48, s. 33
  • SOR/2014-153, s. 35

Security Exercises

Marginal note:Operations-based security exercise

  •  (1) The operator of an aerodrome must, at least once every four years, carry out an operations-based security exercise that

    • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

    • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

  • Marginal note:Equivalency

    (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

  • SOR/2012-48, s. 33
  • SOR/2014-153, s. 35

Marginal note:Discussion-based security exercise

  •  (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

    • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

    • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

  • Marginal note:Exception

    (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.

  • SOR/2012-48, s. 33
  • SOR/2014-153, s. 35

Marginal note:Notice

 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.

  • SOR/2014-153, s. 35

Records

Marginal note:Additional safeguards

  •  (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes

    • (a) a description of the additional safeguards that were implemented;

    • (b) an evaluation of the effectiveness of those additional safeguards; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.

  • Marginal note:Emergencies

    (2) Each time an emergency referred to in subsection 474(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes

    • (a) a description of the emergency;

    • (b) an evaluation of the effectiveness of the operator’s emergency plan; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

  • Marginal note:Exercises

    (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes

    • (a) an outline of the exercise scenario;

    • (b) an evaluation of the effectiveness of the exercise; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

  • SOR/2012-48, s. 33
  • SOR/2014-153, s. 35

Corrective Actions

Marginal note:Corrective actions

 Subject to section 480, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that

  • (a) is identified to the operator by the Minister; or

  • (b) is identified by the operator.

  • SOR/2014-153, s. 35

Marginal note:Corrective action plan

 If a corrective action to be taken by the operator of an aerodrome under section 479 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

  • SOR/2014-153, s. 35

Primary Security Line Partners

Marginal note:Provision of information to operator of aerodrome

  •  (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with

    • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and

    • (b) a document that

      • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,

      • (ii) indicates the location of each restricted area access point in those areas, and

      • (iii) describes those restricted area access points.

  • Marginal note:Provision of information to Minister

    (2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.

  • SOR/2014-153, s. 35

[482 and 483 reserved]

Disclosure of Information

Marginal note:Prohibition

 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

  • SOR/2014-153, s. 35

DIVISION 9Reserved

[485 to 494 reserved]

DIVISION 10Other Aerodrome Operations

Overview

Marginal note:Division overview

 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

  • SOR/2012-48, s. 34

Construction Plans

Marginal note:Requirement to notify Minister

  •  (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.

  • Marginal note:Notice requirements

    (2) The notice must

    • (a) be in writing;

    • (b) state the date on which the construction will begin or the change will be made; and

    • (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.

  • SOR/2012-48, s. 34

[497 to 504 reserved]

PART 7Other Aerodromes

Overview

Marginal note:Part overview

 This Part sets out the basic regulatory framework for security at aerodromes. However, this framework is not applicable in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

DIVISION 1Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

Marginal note:Application

 This Division applies in respect of aerodromes. However, this Division does not apply in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Marginal note:Authorization

 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

  • (a) the explosive substance or incendiary device is to be used at the aerodrome

    • (i) for excavation, demolition or construction work,

    • (ii) in fireworks displays,

    • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

    • (iv) by a police service, or

    • (v) by military personnel; and

  • (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

DIVISION 2Threats and Incidents

Application

Marginal note:Application

 This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve air carriers. This Division does not apply in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Threat Response

Marginal note:Area under operator’s control

 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

  • (a) notify the person of the nature of the threat; and

  • (b) determine whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

  • (a) immediately notify the operator of the aerodrome of the nature of the threat; and

  • (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

 If it is determined under paragraph 15(b), 510(b) or 512(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Information Reporting

Marginal note:Security incidents

 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

  • (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

  • (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, or construction work, or the use of fireworks displays;

  • (c) a threat against the aerodrome; and

  • (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

DIVISION 3Emergency Planning

Application

Marginal note:Application

  •  (1) This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve

    • (a) air carriers that conduct scheduled or non-scheduled services to or from an air terminal building at any of those aerodromes; or

    • (b) air carriers that conduct scheduled international services from any of those aerodromes.

  • Marginal note:Application

    (2) This Division does not apply in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Emergency Plans and Security Exercises

Marginal note:Plan requirements

  •  (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

    • (a) bomb threats; and

    • (b) hijackings of aircraft.

  • Marginal note:Response procedures

    (2) The response procedures must

    • (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;

    • (b) include, if applicable, detailed procedures for the evacuation of air terminal buildings;

    • (c) include, if applicable, detailed procedures for the search of air terminal buildings;

    • (d) include detailed procedures for the handling and disposal of a suspected bomb; and

    • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

  • SOR/2012-48, s. 35
  • SOR/2014-153, s. 37

Marginal note:Discussion-based security exercise

 The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that tests the effectiveness of the operator’s emergency plan in response to a bomb threat or a hijacking of an aircraft and involves the persons and organizations referred to in the plan.

  • SOR/2012-48, s. 35
  • SOR/2014-153, s. 37

Marginal note:Record of emergencies

  •  (1) Each time an emergency referred to in subsection 517(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes

    • (a) a description of the emergency;

    • (b) an evaluation of the effectiveness of the operator’s emergency plan; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

  • Marginal note:Record of exercises

    (2) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes

    • (a) an outline of the exercise scenario;

    • (b) an evaluation of the effectiveness of the exercise; and

    • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

  • Marginal note:Ministerial access

    (3) The operator of an aerodrome must make the records referred to in subsections (1) and (2) available to the Minister on reasonable notice given by the Minister.

  • SOR/2012-48, s. 35
  • SOR/2014-153, s. 37

[520 to 524 reserved]

PART 8Aircraft Security

Overview

Marginal note:Part overview

 This Part sets out requirements for air carriers, other operators of aircraft and persons on board aircraft.

Weapons, Explosive Substances and Incendiary Devices

Marginal note:Weapons

  •  (1) An air carrier must not allow a person who is on board an aircraft to carry or have access to a weapon unless the air carrier has authorized the person to do so under section 531, 533 or 533.1.

  • Marginal note:Explosive substances and incendiary devices

    (2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device unless the air carrier has authorized the person to do so under section 533.1.

  • Marginal note:Exception — border services officer

    (3) Subsections (1) and (2) do not apply when a border services officer who is acting in the course of their duties carries or has access to defensive equipment, an agency firearm or ammunition on board an aircraft that is on the ground at an aerodrome.

  • Marginal note:Exception — US preclearance officer

    (4) Subsections (1) and (2) do not apply when a US preclearance officer who is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 carries or has access to defensive equipment, a US inspection agency firearm or US inspection agency ammunition on board an aircraft that is on the ground at an aerodrome.

  • Marginal note:Exception — certain federal employees

    (5) Subsections (1) and (2) do not apply when a person described in item 22, column 1, of the table to subsection 78(2) who is acting in the course of their duties carries or has access to defensive equipment, a loaded agency firearm or ammunition on board an aircraft that is on the ground at an aerodrome.

Marginal note:Transport of loaded firearms

  •  (1) An air carrier must not knowingly allow a person, other than a Canadian in-flight security officer who is acting in the course of their duties, to transport a loaded firearm on board an aircraft.

  • Marginal note:Transport of explosive substances and incendiary devices

    (2) An air carrier must not knowingly allow a person to transport an explosive substance, other than ammunition, or an incendiary device on board an aircraft unless the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome where it is to be accepted by the air carrier for transportation.

  • SOR/2014-153, s. 38

Marginal note:Transport of unloaded firearms

 An air carrier must not knowingly allow a person to transport an unloaded firearm on board an aircraft unless the person has declared to the air carrier that the firearm is unloaded.

Marginal note:Storage of unloaded firearms

 An air carrier that transports an unloaded firearm on board an aircraft must store the firearm so that it is not accessible to any person on board the aircraft other than crew members.

Marginal note:Prohibition — alcoholic beverages

 An air carrier must not provide a person who carries or has access to a firearm on board an aircraft with any alcoholic beverage.

Marginal note:Authorizations for peace officers

 An air carrier may authorize a peace officer to carry or have access to an unloaded firearm on board an aircraft if

  • (a) the peace officer, while acting in the course of their duties, requires access to the firearm immediately before, during or immediately after the flight;

  • (b) the peace officer informs the air carrier, at least two hours before the aircraft leaves the aerodrome or, in an emergency, as soon as feasible before the departure of the flight, that a firearm will be on board;

  • (c) the peace officer shows a representative of the air carrier identification, issued by the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

  • (d) the peace officer completes the form used by the air carrier to authorize the carriage of a firearm on board an aircraft;

  • (e) the air carrier verifies the identification referred to in paragraph (c)

    • (i) before the peace officer enters a restricted area from which the officer may board the aircraft, or

    • (ii) before the peace officer boards the aircraft, if the aerodrome does not have a restricted area from which the officer may board the aircraft; and

  • (f) the air carrier provides the peace officer with the original or a copy of the completed form referred to in paragraph (d).

  • SOR/2014-153, s. 39

Marginal note:Requirement to inform

  •  (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier must, before the departure of the flight,

    • (a) inform the pilot-in-command of the aircraft by means of the original or a copy of the completed form referred to in paragraph 531(d); and

    • (b) subject to subsection (2), inform the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft.

  • Marginal note:Undercover operations

    (2) If a peace officer who is carrying or has access to a firearm on board an aircraft is engaged in an undercover operation and requests that the air carrier not reveal the officer’s presence to any person on board the aircraft other than the pilot-in-command, the air carrier must comply with that request.

  • SOR/2014-153, s. 40

Marginal note:Unloaded firearm authorizations — air carriers

  •  (1) An air carrier may authorize the following persons to carry or have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes:

    • (a) the pilot-in-command of the aircraft; and

    • (b) an employee of a federal or provincial department or agency who is engaged in wildlife control.

  • Marginal note:Unloaded firearm authorizations — other operators

    (2) An operator of an aircraft, other than an air carrier, may authorize the pilot-in-command of the aircraft to carry or have access to an unloaded firearm and ammunition on board the aircraft if the firearm and ammunition are necessary for survival purposes.

Marginal note:Authorization for certain federal employees

 An operator of an aircraft may authorize a person described in item 22, column 1, of the table to subsection 78(2) to carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft if

  • (a) the person is acting in the course of their duties;

  • (b) the person shows a representative of the operator of the aircraft a certificate of designation evidencing the designation described in column 1 of that table;

  • (c) in advance of the flight, the operator of the aircraft receives from the department or agency employing the person information regarding the activities to be carried out on board the aircraft;

  • (d) the operator of the aircraft verifies that the aircraft is equipped so that the flight can be conducted safely, taking into account the activities referred to in paragraph (c); and

  • (e) the operator of the aircraft verifies that no other passengers are on board the aircraft other than

    • (i) a person described in item 22, column 1, of that table,

    • (ii) an employee of a federal or provincial department or agency, other than a person described in item 22, column 1, of that table, who is acting in the course of their duties,

    • (iii) a police officer or police constable, or

    • (iv) a person detained under the authority of a person described in item 22, column 1, of that table.

Persons in the Custody of an Escort Officer

Definition of organization responsible for the person in custody

  •  (1) In this section, organization responsible for the person in custody does not include a person or an organization that provides escort officer services under a contract for remuneration.

  • Marginal note:Air carrier conditions

    (2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless

    • (a) the organization responsible for the person in custody has provided the air carrier with a written confirmation that the organization has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the travelling public and the operations of the air carrier and aerodrome;

    • (b) the air carrier and the organization responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number must be at least

      • (i) two escort officers to escort each person who is a maximum risk,

      • (ii) one escort officer to escort each person who is a medium risk, and

      • (iii) one escort officer to escort not more than two persons who are a minimum risk;

    • (c) the person in custody is escorted by the agreed number of escort officers;

    • (d) the organization responsible for the person in custody has given a written notice to the air carrier at least two hours or, in an emergency, as soon as feasible before the departure of the flight, stating

      • (i) the identity of each escort officer and the person in custody and the reasons why the person requires an escort,

      • (ii) the level of risk that the person in custody represents to the safety of the public, and

      • (iii) the flight on which the person in custody will be transported;

    • (e) each escort officer shows a representative of the air carrier identification, issued by the organization responsible for the person in custody or the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

    • (f) an escort officer completes the form used by the air carrier to authorize the transportation of a person in custody; and

    • (g) the air carrier verifies the identification referred to in paragraph (e)

      • (i) before the escort officer enters a restricted area from which the escort officer may board the aircraft, or

      • (ii) before the escort officer boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft.

  • Marginal note:Escort officer conditions

    (3) An escort officer must not escort a person in custody on board an aircraft unless the escort officer

    • (a) provides the operator of the aerodrome with a copy of the written notice referred to in paragraph (2)(d) at least two hours or, in an emergency, as soon as feasible before the departure of the flight; and

    • (b) shows a representative of the air carrier the identification referred to in paragraph (2)(e).

  • Marginal note:Transport of more than one person in custody

    (4) An air carrier that transports a person in custody who is a maximum risk to the public must not transport any other person in custody on board the aircraft.

Marginal note:Peace officer duties

  •  (1) An escort officer who is a peace officer and who escorts a person in custody during a flight must

    • (a) remain with the person at all times;

    • (b) immediately before boarding the aircraft, search the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety;

    • (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and

    • (d) carry restraining devices that can be used to restrain the person, if necessary.

  • Marginal note:Air carrier duties

    (2) If an escort officer who is not a peace officer escorts a person in custody, the air carrier must, immediately before the person boards the aircraft, cause the person and the person’s carry-on baggage to be screened for weapons or other items that could be used to jeopardize flight safety.

  • Marginal note:Escort officer duties

    (3) An escort officer who is not a peace officer and who escorts a person in custody during a flight must

    • (a) remain with the person at all times;

    • (b) ensure that a screening of the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety is carried out

      • (i) before the escort officer and the person enter a restricted area from which they may board the aircraft, or

      • (ii) before the escort officer and the person board the aircraft, if the aerodrome does not have a restricted area from which they may board the aircraft;

    • (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and

    • (d) carry restraining devices that can be used to restrain the person, if necessary.

Marginal note:Consumption of alcoholic beverages

 A person in custody and the escort officer who is escorting the person must not consume any alcoholic beverage on board an aircraft.

Marginal note:Prohibition — alcoholic beverages

 An air carrier must not provide a person in custody or an escort officer who is escorting the person on board an aircraft with any alcoholic beverage.

Marginal note:Seating of persons in custody

 An air carrier must not allow a person in custody on board an aircraft to be seated next to an exit.

Threat Response and Information Reporting

Threat Response

Marginal note:Threat to aircraft — air carriers

  •  (1) An air carrier that is made aware of a threat against an aircraft or a flight must immediately determine whether there is a threat that jeopardizes the security of the aircraft or flight.

  • Marginal note:Threat to aircraft — other operators

    (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aircraft or a flight must immediately determine whether the threat jeopardizes the security of the aircraft or flight.

Marginal note:Threat to aircraft — air carriers

  •  (1) An air carrier that determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

    • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat;

    • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and

    • (c) inspecting the aircraft and causing a screening of the passengers and goods on board the aircraft to be carried out, unless the inspection and screening are likely to jeopardize the safety of the passengers and crew members.

  • Marginal note:Threat to aircraft — other operators

    (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

    • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat;

    • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and

    • (c) inspecting the aircraft and causing a search of the passengers and goods on board the aircraft to be carried out, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members.

  • Marginal note:Aircraft on ground

    (3) If the aircraft is on the ground, the pilot-in-command must comply with any direction given by the operator of the aerodrome under paragraph (1)(b) or (2)(b) or by a member of the appropriate police service, unless complying with the direction is likely to jeopardize the safety of the passengers and crew members.

Marginal note:Threat to facility or aerodrome — air carriers

  •  (1) An air carrier that is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

  • Marginal note:Threat to facility or aerodrome — other operators

    (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately determine whether the threat jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Threat to facility or aerodrome — air carriers

  •  (1) An air carrier that determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the nature of the threat.

  • Marginal note:Threat to facility or aerodrome — other operators

    (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the threat.

Reporting of Security Incidents

Marginal note:Notification of Minister

  •  (1) An air carrier must immediately notify the Minister when any of the following incidents occur:

    • (a) the hijacking or attempted hijacking of an aircraft;

    • (b) the discovery, on board an aircraft, of a weapon, other than a weapon permitted under subsections 79(2.1) to (2.4) or a weapon that the air carrier authorized under section 531, subsection 533(1) or section 533.1;

    • (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device in respect of which the air carrier was not notified in accordance with subsection 80(3), other than ammunition permitted under subsections 79(2.1) to (2.4) or ammunition that the air carrier authorized under section 533.1;

    • (d) an explosion on an aircraft, unless the explosion is known to be the result of an accident;

    • (e) a threat against an aircraft, flight, or part of an aerodrome or other aviation facility, that is under the air carrier’s control; and

    • (f) an aviation security incident that involves a peace officer in any part of an aerodrome that is under the air carrier’s control.

  • Marginal note:Notification of operators of aerodromes

    (2) An air carrier must immediately notify the operator of an aerodrome when a weapon, other than a firearm permitted under subsection 78(2), is detected in any part of the aerodrome that is under the air carrier’s control.

Security Information

Marginal note:Provision to Minister

 An air carrier must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including

  • (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the air carrier; and

  • (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

Marginal note:Duty of service providers

 A person who provides an air carrier with a service and a person who provides a service related to the transportation of accepted cargo or mail by air must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including

  • (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to that person; and

  • (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

[546 to 616 reserved]

PART 9Reserved

[617 to 626 reserved]

PART 10Reserved

[627 to 667 reserved]

PART 11Air Cargo and Mail

Overview

Marginal note:Part overview

 This Part sets out requirements for cargo and mail on passenger flights and all-cargo flights and supplements subsections 4.85(3) and (4) of the Act.

DIVISION 1Air Cargo

Application

Marginal note:Application

  •  (1) Section 669 applies to air carriers who transport cargo on a flight that is carrying passengers or on an all-cargo flight.

  • (2) Sections 670 to 686 apply to the following members of the air cargo security program who screen cargo or store, tender or transport secure cargo:

    • (a) regulated agents;

    • (b) certified agents; and

    • (c) known consignors.

Transporting Cargo by Air and Tendering Cargo for Transportation by Air

Marginal note:Requirement to screen cargo

 Cargo that is to be transported by an air carrier on a flight that is carrying passengers or on an all-cargo flight must be screened by the air carrier for threat items in accordance with a security measure, unless the cargo was tendered to the air carrier for transportation by air as secure cargo.

Marginal note:Tendering of secure cargo — regulated agents and certified agents

 A regulated agent or certified agent must not tender cargo for transportation by air as secure cargo unless

  • (a) the regulated agent

    • (i) has screened the cargo for threat items in accordance with a security measure,

    • (ii) has restricted access to the cargo in accordance with sections 675 to 677, and

    • (iii) has ensured that the cargo was not tampered with after it was screened for threat items; or

  • (b) the regulated agent or certified agent has screened it in order to verify that

    • (i) the cargo was screened for threat items in accordance with a security measure,

    • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

    • (iii) the cargo was not tampered with after it was screened for threat items.

Marginal note:Tendering of secure cargo — known consignors

 A known consignor must not tender cargo for transportation by air as secure cargo unless the known consignor

  • (a) has screened the cargo for threat items in accordance with a security measure;

  • (b) has restricted access to the cargo in accordance with sections 675 to 677; and

  • (c) has ensured that the cargo was not tampered with after it was screened for threat items.

Marginal note:Cargo security information

  •  (1) A regulated agent, certified agent or known consignor must not tender cargo for transportation by air as secure cargo unless the cargo is accompanied by the information referred to in subsection (2), (3) or (4), as applicable, in paper or electronic format.

  • Marginal note:Tendering by regulated agents

    (2) If the cargo is tendered by a regulated agent referred to in paragraph 670(a), the information that accompanies the cargo must include

    • (a) in the case of non-consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s name,

      • (iii) the regulated agent’s air cargo security program number,

      • (iv) the name of the original shipper of the cargo, and

      • (v) a declaration by one of the regulated agent’s authorized cargo representatives stating that

        • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

        • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered; and

    • (b) in the case of consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s name,

      • (iii) the regulated agent’s air cargo security program number, and

      • (iv) a declaration by one of the regulated agent’s authorized cargo representatives stating that

        • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

        • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

  • Marginal note:Tendering by regulated agents or certified agents

    (3) If the cargo is tendered by a regulated agent or certified agent referred to in paragraph 670(b), the information that accompanies the cargo must include

    • (a) in the case of non-consolidated cargo

      • (i) the information that accompanied the cargo when the cargo was accepted by the regulated agent or certified agent,

      • (ii) the air waybill number or the number of a similar control document, and

      • (iii) the regulated agent’s or certified agent’s name,

      • (iv) the regulated agent’s or certified agent’s air cargo security program number, and

      • (v) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

        • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered;

    • (b) in the case of consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s or certified agent’s name,

      • (iii) the regulated agent’s or certified agent’s air cargo security program number, and

      • (iv) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

        • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

  • Marginal note:Tendering by known consignors

    (4) If the cargo is tendered by a known consignor referred to in section 671, the information that accompanies the cargo must include

    • (a) the air waybill number or the number of a similar control document,

    • (b) the known consignor’s name,

    • (c) the known consignor’s air cargo security program number, and

    • (d) a declaration by one of the known consignor’s authorized cargo representatives stating that

      • (i) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

      • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (iii) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

Marginal note:Accurate and complete information

 A regulated agent, certified agent or known consignor who provides any of the information required under section 672 must ensure that the information is accurate and complete.

Screenings

Marginal note:Authority to screen

 A person must not screen cargo unless the person is designated by the Minister or is an authorized cargo representative of the designated person.

Marginal note:Screening for threat items

  •  (1) If a regulated agent or known consignor screens cargo for threat items in order for it to be tendered for transportation by air as secure cargo, the regulated agent or known consignor must

    • (a) conduct the screening in accordance with a security measure;

    • (b) conduct the screening in an area that the regulated agent or known consignor has designated for that purpose;

    • (c) ensure that, while the screening is being conducted, signs are in place at or near the designated area that state, in both official languages, that unauthorized access to the area is prohibited;

    • (d) control access to the designated area while the screening is being conducted to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent or known consignor has access to the area;

    • (e) take measures to detect unauthorized individuals in the designated area while the screening is being conducted;

    • (f) ensure that, while the screening is being conducted, individuals other than an authorized cargo representative of the regulated agent or known consignor do not have access to cargo in the designated area; and

    • (g) ensure that, while the screening is being conducted, cargo in the designated area is not tampered with.

  • Marginal note:Authorized access

    (2) An individual who is not an authorized cargo representative of the regulated agent or known consignor is permitted in the designated area if

    • (a) the individual is acting in the course of their employment and requires access to the designated area while screenings are being conducted;

    • (b) the individual has the prior approval of the cargo security coordinator of the regulated agent or known consignor;

    • (c) the cargo security coordinator or one of the regulated agent’s or known consignor’s authorized cargo representatives verifies the identity of the individual by means of government-issued photo identification provided by the individual; and

    • (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent or known consignor.

  • Marginal note:Escort limit

    (3) For the purposes of paragraph (2)(d), the regulated agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Storage and Transport Requirements

Marginal note:Storage requirements

  •  (1) If cargo is screened in order for it to be tendered for transportation by air as secure cargo, a regulated agent, certified agent or known consignor who stores the cargo must

    • (a) store the cargo in an area that they have designated for that purpose;

    • (b) ensure that, while the cargo is stored in the designated area, signs are in place at or near the area that state, in both official languages, that unauthorized access to the area is prohibited;

    • (c) control access to the designated area while the cargo is stored in the area to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent, certified agent or known consignor has access to the area;

    • (d) take measures to detect unauthorized individuals in the designated area while the cargo is stored in the area;

    • (e) ensure that, while the cargo is stored in the designated area, individuals other than an authorized cargo representative of the regulated agent, certified agent or known consignor do not have access to cargo in the designated area; and

    • (f) ensure that the cargo is not tampered with while it is stored in the designated area.

  • Marginal note:Authorized access

    (2) An individual who is not an authorized cargo representative of the regulated agent, certified agent or known consignor is permitted in the designated area if

    • (a) the individual is acting in the course of their employment and requires access to the designated area while cargo, which has been screened in order that it may be tendered for transportation by air as secure cargo, is stored in the area;

    • (b) the individual has the prior approval of the cargo security coordinator of the regulated agent, certified agent or known consignor;

    • (c) the cargo security coordinator, or one of the authorized cargo representatives of the regulated agent, certified agent or known consignor, verifies the identity of the individual by means of government-issued photo identification provided by the individual; and

    • (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent, certified agent or known consignor.

  • Marginal note:Escort limit

    (3) For the purposes of paragraph (2)(d), the regulated agent, certified agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Marginal note:Transport requirements

 If cargo is screened in order for it to be tendered for transportation by air as secure cargo, the regulated agent, certified agent or known consignor who transports the cargo must, in accordance with a security measure,

  • (a) ensure that the cargo is transported by one or more of their authorized cargo representatives; and

  • (b) ensure that there is no unauthorized access to the cargo during transport.

 [Reserved, SOR/2019-149, s. 2]

[678 reserved]

Cargo Security Coordinators and Authorized Cargo Representatives

Marginal note:Cargo security coordinator — designation

  •  (1) A regulated agent, certified agent or known consignor must designate a cargo security coordinator who is responsible for coordinating and overseeing compliance with the regulatory requirements that apply to the regulated agent, certified agent or known consignor and for acting as the principal contact between the regulated agent, certified agent or known consignor and the Minister with respect to aviation security matters.

  • Marginal note:Cargo security coordinator — restriction

    (2) The regulated agent, certified agent or known consignor must not designate an individual as cargo security coordinator unless that individual is an authorized cargo representative and a senior manager or supervisor.

Marginal note:Authorized cargo representative

  •  (1) A regulated agent, certified agent or known consignor must not designate an individual as an authorized cargo representative unless the individual

    • (a) is employed by the regulated agent, certified agent or known consignor;

    • (b) has a security clearance or has undergone a background check that indicates that the individual does not pose a risk to aviation security; and

    • (c) has been trained in relation to their duties as an authorized cargo representative.

  • Marginal note:Background check

    (2) If the individual undergoes a background check for the purposes of paragraph (1)(b), the regulated agent, certified agent or known consignor must ensure that the background check includes

    • (a) a Canadian criminal record check;

    • (b) a check of the individual’s home addresses for the five years preceding the date of the background check; and

    • (c) a check of the individual’s work history for the five years preceding the date of the background check.

Marginal note:Canadian criminal record check

 A regulated agent, certified agent or known consignor must, at least once every five years, conduct a Canadian criminal record check on any of their authorized cargo representatives that do not have a security clearance.

Reporting of Security Incidents

Marginal note:Reporting of security incidents

 A regulated agent, certified agent or known consignor must immediately notify the Minister if they

  • (a) detect a threat item in cargo while screening it in order for it to be tendered for transportation by air as secure cargo;

  • (b) detect unauthorized access to cargo in their possession that is being screened or has been screened in order that it may be tendered for transportation by air as secure cargo;

  • (c) detect signs of tampering with cargo in their possession that is being screened or has been screened in order that it may be tendered for transportion by air as secure cargo; or

  • (d) become aware of any other aviation security incident involving cargo that is or was in their possession.

Record Keeping

Marginal note:Cargo security information

 A regulated agent, certified agent or known consignor who tenders cargo for transportation by air as secure cargo must keep a copy of the information referred to in subsection 672(2), (3) or (4), as applicable, for at least 90 days after the day on which they cease to be in possession of the cargo.

Marginal note:Training record

  •  (1) A regulated agent, certified agent or known consignor must keep a training record, in paper or electronic format, for each authorized cargo representative.

  • Marginal note:Required information

    (2) A training record for an authorized cargo representative must include

    • (a) the name of the authorized cargo representative;

    • (b) their position title;

    • (c) the dates on which they received training in relation to their duties as an authorized cargo representative;

    • (d) a description of those duties; and

    • (e) the name of the trainer.

  • Marginal note:Retention period — cessation of duties

    (3) The regulated agent, certified agent or known consignor must keep the training record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

Marginal note:Background check record

  •  (1) If an individual undergoes a background check for the purposes of paragraph 680(1)(b) and is designated as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep a record in respect of the background check that contains

    • (a) the name of the individual;

    • (b) the date of the background check; and

    • (c) the name of the person or organization that conducted the background check.

  • Marginal note:Retention period

    (2) If the individual ceases to act as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep the record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

Marginal note:Ministerial access

 A regulated agent, certified agent or known consignor who keeps a record or information under this Part must make the record or information available to the Minister on reasonable notice given by the Minister.

[687 to 719 reserved]

DIVISION 2Mail

Marginal note:Requirement to screen mail

 Mail that is to be transported by an air carrier on a flight that is carrying passengers or on an all-cargo flight must be screened by the air carrier for threat items in accordance with a security measure.

[721 to 738 reserved]

PART 12Reserved

[739 to 764 reserved]

PART 13Ministerial Powers and Duties

Overview

Marginal note:Part overview

 This Part sets out ministerial powers and duties that are not set out in any other part.

DIVISION 1Identity Verification System

[
  • SOR/2014-153, s. 41
]

Marginal note:Disclosure of information

 The Minister is authorized to disclose to CATSA or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system referred to in section 56.

Marginal note:Deactivation request

  •  (1) The Minister must ask CATSA to deactivate a restricted area identity card if

    • (a) the Minister is notified under section 156 or 312; or

    • (b) the security clearance of the person to whom the card has been issued is suspended or cancelled.

  • Marginal note:Prohibition

    (2) The Minister must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

[768 to 777 reserved]

DIVISION 2AVSEC Levels

Marginal note:Application

 This Division applies in respect of aerodromes listed in Schedules 1 to 3, or any part of those aerodromes, and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Marginal note:Level 1

 Unless it is raised, lowered or maintained in accordance with this Division, the AVSEC level for an aerodrome or any part of an aerodrome is level 1. At that level, normal operating conditions apply.

  • SOR/2014-153, s. 42

Marginal note:Level 2

 The Minister must raise or lower to level 2 the AVSEC level for an aerodrome or any part of an aerodrome if

  • (a) the Minister is made aware of a heightened risk condition related to an elevated risk; and

  • (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

  • SOR/2014-153, s. 42

Marginal note:Level 3

 The Minister must raise to level 3 the AVSEC level for an aerodrome or any part of an aerodrome if

  • (a) the Minister is made aware of a heightened risk condition related to a critical or imminent risk; and

  • (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

  • SOR/2014-153, s. 42

Marginal note:Requirement to lower level

 The Minister must, as soon as a heightened risk condition no longer applies, lower to level 1 an AVSEC level that has been raised for an aerodrome or any part of an aerodrome.

  • SOR/2014-153, s. 42

Marginal note:Maintaining a level

 The Minister is authorized to maintain an AVSEC level that has been raised for an aerodrome or any part of an aerodrome if the criteria for raising the AVSEC level continue to apply.

  • SOR/2014-153, s. 42

Marginal note:Notification

 If the Minister raises, lowers or maintains the AVSEC level for an aerodrome or any part of an aerodrome, the Minister must immediately notify the operator of the aerodrome. The notice must

  • (a) include information about the heightened risk condition; and

  • (b) specify a date on which the AVSEC level is likely to return to level 1.

  • SOR/2014-153, s. 42

Marginal note:Multiple aerodromes

 For greater certainty, nothing in this Division prohibits the Minister from raising, lowering or maintaining the AVSEC level for more than one aerodrome at a time.

  • SOR/2014-153, s. 42

[786 to 796 reserved]

PART 14Designated Provisions

Overview

Marginal note:Part overview

  •  (1) This Part allows the enforcement, by means of administrative monetary penalties, of the provisions of these Regulations that are set out in Schedule 4 and the provisions of any security measure.

  • Marginal note:Designated provisions of the Act

    (2) The Designated Provisions Regulations allow the enforcement, by means of administrative monetary penalties, of the provisions of the Act that are set out in Schedule 4 to those Regulations.

Designated Provisions

Marginal note:Designated provisions

  •  (1) A provision set out in column 1 of Schedule 4 is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

  • Marginal note:Maximum amounts

    (2) The amount set out in column 2 or column 3 of Schedule 4 is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1.

Marginal note:Designation of security measure provisions

  •  (1) The provisions of a security measure are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

  • Marginal note:Maximum amounts

    (2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

    • (a) $5,000, in the case of an individual; and

    • (b) $25,000, in the case of a corporation.

Notice of Contravention

Marginal note:Notice requirements

 A notice referred to in subsection 7.7(1) of the Act must

  • (a) be in writing;

  • (b) set out the particulars of the alleged contravention;

  • (c) state that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;

  • (d) state that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;

  • (e) state that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and

  • (f) state that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

  • SOR/2014-153, s. 43

PART 15Transitional Provisions

Class 1 Aerodromes

Marginal note:Operators

  •  (1) Sections 196 and 199 do not apply to the operator of an aerodrome until December 15, 2014.

  • Marginal note:Operators

    (2) Sections 197 and 198 do not apply to the operator of an aerodrome until March 15, 2015.

  • Marginal note:Operators

    (3) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

    • (a) sections 115 to 118; and

    • (b) paragraph  206(1)(c).

  • Marginal note:Operators

    (4) Sections 202 and 204 do not apply to the operator of an aerodrome until February 15, 2016.

  • Marginal note:Operators

    (5) The following provisions do not apply to the operator of an aerodrome until May 15, 2016:

    • (a) sections 97 and 98;

    • (b) section 205;

    • (c) paragraph 207(1)(b); and

    • (d) paragraph 208(1)(b).

  • SOR/2014-153, s. 44

Class 2 Aerodromes

Marginal note:Operators

  •  (1) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

    • (a) sections 271 to 274; and

    • (b) paragraph 367(1)(c).

  • Marginal note:Operators

    (2) Sections 365 and 366 do not apply to the operator of an aerodrome until April 15, 2016.

  • Marginal note:Operators

    (3) The following provisions do not apply to the operator of an aerodrome until September 15, 2016:

    • (a) sections 261 and 262;

    • (b) paragraph 368(1)(b); and

    • (c) paragraph 369(1)(b).

  • SOR/2014-153, s. 44

Class 3 Aerodromes

Marginal note:Operators

  •  (1) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

    • (a) sections 426 to 429; and

    • (b) paragraph 474(1)(c).

  • Marginal note:Operators

    (2) Sections 472 and 473 do not apply to the operator of an aerodrome until September 15, 2016.

  • Marginal note:Operators

    (3) The following provisions do not apply to the operator of an aerodrome until March 15, 2017:

    • (a) sections 416 and 417;

    • (b) paragraph 475(1)(b); and

    • (c) paragraph 476(1)(b).

  • SOR/2014-153, s. 44

 [Repealed, SOR/2014-153, s. 44]

 [Repealed, SOR/2014-153, s. 44]

 [Repealed, SOR/2014-153, s. 44]

 [Repealed, SOR/2014-153, s. 44]

SCHEDULE 1(Paragraph 2(d), sections 6, 82, 83, 117, 273, 428, 505, 506 and 508, subsection 516(1) and section 778)

Class 1 Aerodromes

Column 1Column 2
LocationInternational Civil Aviation Organization (ICAO) Location Indicator
CalgaryCYYC
EdmontonCYEG
HalifaxCYHZ
MontréalCYMX, CYUL
OttawaCYOW
TorontoCYYZ
VancouverCYVR
WinnipegCYWG

SCHEDULE 2(Paragraph 2(e), sections 246, 247 and 273, paragraph 351(1)(a), subsection 351(2), paragraphs 352(1)(a), (2)(a) and 3(a), sections 428, 505, 506 and 508, subsection 516(1) and section 778)

Class 2 Aerodromes

Column 1Column 2
LocationInternational Civil Aviation Organization (ICAO) Location Indicator
CharlottetownCYYG
FrederictonCYFC
GanderCYQX
IqaluitCYFB
KelownaCYLW
LondonCYXU
MonctonCYQM
Prince GeorgeCYXS
QuébecCYQB
ReginaCYQR
Saint JohnCYSJ
St. John’sCYYT
SaskatoonCYXE
SudburyCYSB
Thunder BayCYQT
TorontoCYTZ
VictoriaCYYJ
WhitehorseCYXY
WindsorCYQG
YellowknifeCYZF

SCHEDULE 3(Paragraph 2(f), sections 401, 402 and 428, paragraph 459(1)(a), subsection 459(2), paragraphs 460(1)(a) and (2)(a), sections 505, 506 and 508, subsection 516(1) and section 778)

Class 3 Aerodromes

Column 1Column 2
LocationInternational Civil Aviation Organization (ICAO) Location Indicator
AbbotsfordCYXX
AlmaCYTF
BagotvilleCYBG
Baie-ComeauCYBC
BathurstCZBF
BrandonCYBR
Campbell RiverCYBL
CastlegarCYCG
CharloCYCL
Chibougamau/ChapaisCYMT
Churchill FallsCZUM
ComoxCYQQ
CranbrookCYXC
Dawson CreekCYDQ
Deer LakeCYDF
Fort McMurrayCYMM
Fort St. JohnCYXJ
GaspéCYGP
Goose BayCYYR
Grande PrairieCYQU
HamiltonCYHM
Îles-de-la-MadeleineCYGR
KamloopsCYKA
KingstonCYGK
Kitchener/WaterlooCYKF
KuujjuaqCYVP
KuujjuarapikCYGW
La Grande RivièreCYGL
La Macaza / Mont-TremblantCYFJ
LethbridgeCYQL
LloydminsterCYLL
Lourdes-de-Blanc-SablonCYBX
Medicine HatCYXH
Mont-JoliCYYY
NanaimoCYCD
North BayCYYB
PentictonCYYF
Prince AlbertCYPA
Prince RupertCYPR
QuesnelCYQZ
Red DeerCYQF
RobervalCYRJ
Rouyn-NorandaCYUY
St. AnthonyCYAY
Saint-LéonardCYSL
SandspitCYZP
SarniaCYZR
Sault Ste. MarieCYAM
Sept-ÎlesCYZV
SmithersCYYD
StephenvilleCYJT
SydneyCYQY
TerraceCYXT
ThompsonCYTH
TimminsCYTS
TorontoCYKZ
Val-d’OrCYVO
WabushCYWK
Williams LakeCYWL
YarmouthCYQI

SCHEDULE 4(Sections 797 and 798)

Designated Provisions

Column 1Column 2Column 3
Designated ProvisionMaximum Amount Payable ($)Maximum Amount Payable ($)
IndividualCorporation
PART 1 — SCREENING
Subsection 5(1)25,000
Subsection 5(2)5,00025,000
Subsection 5(3)25,000
Subsection 5(4)25,000
Subsection 5.1(1)25,000
Subsection 5.1(2)25,000
Subsection 5.2(1)25,000
Subsection 5.2(2)25,000
Subsection 5.2(3)25,000
Subsection 5.3(1)10,000
Subsection 5.3(2)10,000
Paragraph 6(a)3,00010,000
Paragraph 6(b)3,00010,000
Subsection 8.1(2)[Repealed, SOR/2022-92, s. 30]
Subsection 8.3(1)5,00025,000
Subsection 8.3(2)5,00025,000
Subsection 8.4(1)5,00025,000
Subsection 8.5(1)5,00025,000
Subsection 10(1)5,00025,000
Subsection 10(2)5,00025,000
Section 145,000
Subsection 14.2(1)5,00025,000
Subsection 14.2(2)5,00025,000
Subsection 14.2(3)5,00025,000
Subsection 14.2(4)5,00025,000
Paragraph 15(a)5,00025,000
Paragraph 15(b)5,00025,000
Subsection 16(1)3,00010,000
Subsection 16(3)3,00010,000
Subsection 16(4)3,00010,000
Section 175,00025,000
Section 2025,000
Section 2125,000
Paragraph 22(1)(a)25,000
Paragraph 22(1)(b)25,000
Paragraph 22(2)(a)25,000
Paragraph 22(2)(b)25,000
Paragraph 22(2)(c)25,000
Subsection 23(1)25,000
Subsection 23(2)25,000
Subsection 23(3)25,000
Subsection 23(4)25,000
Section 2425,000
Subsection 30(1)25,000
Subsection 31(1)25,000
Subsection 31(2)25,000
Subsection 56(1)25,000
Subsection 56(2)25,000
Section 5725,000
Subsection 58(2)25,000
Subsection 59(1)25,000
Subsection 59(2)25,000
Section 6025,000
Section 6125,000
Section 6225,000
Subsection 63(1)25,000
Subsection 63(2)25,000
Subsection 63(3)25,000
Subsection 63(4)25,000
Subsection 64(1)25,000
Subsection 64(2)25,000
PART 2 — CATSA SECURITY PROGRAM
Subsection 65(1)25,000
Paragraph 65(2)(a)25,000
Paragraph 65(2)(c)25,000
Paragraph 65(2)(f)25,000
Paragraph 65(2)(g)25,000
Paragraph 65(2)(h)25,000
Subsection 65(3)25,000
Paragraph 66(1)(a)25,000
Paragraph 66(1)(b)25,000
Paragraph 66(1)(c)10,000
Subsection 66(2)25,000
Section 6725,000
Section 6825,000
Section 6925,000
Subsection 70(1)25,000
Subsection 70(2)25,000
Subsection 71(1)25,000
Subsection 71(2)25,000
Subsection 71(4)25,000
Subsection 71(5)25,000
Subsection 73(1)25,000
Subsection 73(2)25,000
Subsection 73(4)25,000
Subsection 74(1)25,000
Subsection 74(2)25,000
Subsection 74(3)25,000
Subsection 74(5)25,000
Section 755,00025,000
PART 3 — WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES
Section 775,00025,000
Subsection 78(1)5,000
Subsection 78.1(1)25,000
Subsection 78.1(2)25,000
Subsection 78.1(3)25,000
Subsection 78.2(1)25,000
Subsection 78.2(2)25,000
PART 4 — CLASS 1 AERODROMES
Division 1 — Prohibited Items
Subsection 86(1)25,000
Division 2 — Threats and Incidents
Section 8925,000
Paragraph 90(a)25,000
Paragraph 90(b)25,000
Section 9125,000
Paragraph 92(a)5,00025,000
Paragraph 92(b)5,00025,000
Section 9325,000
Section 9410,000
Section 9510,000
Division 3 — AVSEC Levels
Section 9725,000
Section 9810,000
Division 4 — Personnel and Training
Subsection 112(1)25,000
Subsection 112(2)25,000
Subsection 115(1)25,000
Subsection 116(1)25,000
Subsection 116(2)25,000
Section 11725,000
Subsection 118(1)10,000
Subsection 118(2)10,000
Subsection 118(3)10,000
Division 5 — Facilitation of Screening
Section 12125,000
Subsection 122(1)25,000
Section 12325,000
Section 123.125,000
Section 12425,000
Section 12525,000
Section 12625,000
Division 6 — Access Controls
Section 12825,000
Section 12925,000
Section 13025,000
Section 1315,000
Section 13225,000
Subsection 133(1)25,000
Subsection 133(2)25,000
Subsection 134(1)5,00025,000
Subsection 134(2)5,00025,000
Section 1355,00025,000
Section 1365,000
Section 1375,00025,000
Section 1385,00025,000
Subsection 139(1)5,000
Section 14025,000
Division 8 — Enhanced Access Controls
Subsection 144(2)25,000
Subsection 145(1)25,000
Subsection 145(4)25,000
Subsection 146(1)25,000
Subsection 146(2)25,000
Section 1475,00025,000
Paragraph 148(a)5,00025,000
Paragraph 148(b)5,00025,000
Section 14925,000
Section 15025,000
Section 15125,000
Subsection 152(1)25,000
Subsection 152(2)25,000
Section 15325,000
Section 15425,000
Subsection 155(1)25,000
Subsection 155(1.1)25,000
Subsection 155(2)25,000
Subsection 155(3)25,000
Section 15625,000
Section 1575,00025,000
Subsection 158(1)25,000
Subsection 158(2)5,00025,000
Subsection 158(3)25,000
Section 15925,000
Section 16125,000
Section 16225,000
Subsection 163(1)25,000
Subsection 163(2)25,000
Subsection 163(3)25,000
Subsection 163(4)25,000
Section 16425,000
Section 1655,000
Subsection 166(1)5,000
Subsection 167(1)5,000
Subsection 167(2)5,000
Section 16825,000
Subsection 169(1)25,000
Subsection 169(2)25,000
Subsection 169(3)25,000
Subsection 169(4)25,000
Section 17025,000
Paragraph 171(1)(a)5,000
Paragraph 171(1)(b)5,000
Paragraph 171(1)(c)5,00025,000
Paragraph 171(1)(d)5,000
Paragraph 171(1)(e)5,000
Paragraph 171(1)(f)5,000
Paragraph 171(1)(g)5,00025,000
Paragraph 171(2)(a)5,00025,000
Paragraph 171(2)(b)5,000
Subsection 172(1)5,000
Subsection 172(2)5,00025,000
Section 1735,00025,000
Subsection 175(1)5,000
Subsection 175(2)5,000
Subsection 176(1)5,00025,000
Section 1775,000
Section 17825,000
Subsection 179(1)25,000
Subsection 180(1)25,000
Subsection 180(2)25,000
Subsection 181(1)5,000
Subsection 181(2)5,000
Subsection 181(3)5,00025,000
Section 18225,000
Subsection 183(2)25,000
Section 18425,000
Division 9 — Airport Security Programs
Subsection 191(1)25,000
Paragraph 191(2)(a)25,000
Paragraph 191(2)(b)25,000
Paragraph 191(2)(c)10,000
Paragraph 191(2)(d)10,000
Paragraph 191(2)(e)25,000
Paragraph 191(2)(f)25,000
Paragraph 191(2)(g)25,000
Paragraph 191(2)(h)25,000
Paragraph 191(2)(i)25,000
Paragraph 191(2)(j)25,000
Paragraph 191(2)(k)10,000
Paragraph 191(2)(l)25,000
Paragraph 193(1)(a)25,000
Paragraph 193(1)(b)25,000
Paragraph 193(1)(c)10,000
Subsection 193(2)25,000
Section 19425,000
Subsection 195(1)10,000
Subsection 195(2)10,000
Subsection 195(3)10,000
Section 19725,000
Section 19825,000
Subsection 200(1)25,000
Subsection 200(2)25,000
Subsection 200(3)25,000
Subsection 200(4)25,000
Subsection 200(5)25,000
Subsection 202(1)25,000
Section 20425,000
Section 20525,000
Subsection 205.2(1)25,000
Subsection 205.2(2)25,000
Subsection 205.2(3)25,000
Subsection 205.2(5)25,000
Subsection 206(1)25,000
Subsection 207(1)25,000
Subsection 208(1)25,000
Section 20910,000
Subsection 210(1)10,000
Subsection 210(2)10,000
Subsection 210(3)10,000
Section 21125,000
Section 21225,000
Section 2135,00025,000
Division 11 — Primary Security Line Partners
Subsection 226(1)5,00025,000
Subsection 226(2)5,00025,000
Paragraph 227(a)5,00025,000
Paragraph 227(b)5,00025,000
Paragraph 227(c)5,00025,000
Paragraph 227(d)5,00025,000
Paragraph 227(e)5,00025,000
Paragraph 227(f)5,00025,000
Paragraph 227(g)5,00025,000
Subsection 231(1)5,00025,000
Subsection 231(2)5,00025,000
Subsection 234(1)5,00025,000
Subsection 234(2)5,00025,000
Section 2355,00025,000
Section 235.15,00025,000
Division 12 — Other Aerodrome Operations
Subsection 237(1)25,000
PART 5 — CLASS 2 AERODROMES
Division 1 — Prohibited Items
Subsection 250(1)25,000
Division 2 — Threats and Incidents
Section 25325,000
Paragraph 254(a)25,000
Paragraph 254(b)25,000
Section 25525,000
Paragraph 256(a)5,00025,000
Paragraph 256(b)5,00025,000
Section 25725,000
Section 25810,000
Section 25910,000
Division 3 — AVSEC Levels
Section 26125,000
Section 26210,000
Division 4 — Personnel and Training
Subsection 270(1)25,000
Subsection 270(2)25,000
Subsection 271(1)25,000
Subsection 272(1)25,000
Subsection 272(2)25,000
Section 27325,000
Subsection 274(1)10,000
Subsection 274(2)10,000
Subsection 274(3)10,000
Division 5 — Facilitation of Screening
Section 27725,000
Subsection 278(1)25,000
Section 27925,000
Section 279.125,000
Section 28025,000
Section 28125,000
Section 28225,000
Division 6 — Access Controls
Section 28425,000
Section 28525,000
Section 28625,000
Section 2875,000
Section 28825,000
Subsection 289(1)25,000
Subsection 289(2)25,000
Subsection 290(1)5,00025,000
Subsection 290(2)5,00025,000
Section 2915,00025,000
Section 2925,000
Section 2935,00025,000
Section 2945,00025,000
Subsection 295(1)5,000
Section 29625,000
Division 8 — Enhanced Access Controls
Subsection 300(2)25,000
Subsection 301(1)25,000
Subsection 301(4)25,000
Subsection 302(1)25,000
Subsection 302(2)25,000
Section 3035,00025,000
Paragraph 304(a)5,00025,000
Paragraph 304(b)5,00025,000
Section 30525,000
Section 30625,000
Section 30725,000
Subsection 308(1)25,000
Subsection 308(2)25,000
Section 30925,000
Section 31025,000
Subsection 311(1)25,000
Subsection 311(1.1)25,000
Subsection 311(2)25,000
Subsection 311(3)25,000
Section 31225,000
Section 3135,00025,000
Subsection 314(1)25,000
Subsection 314(2)5,00025,000
Subsection 314(3)25,000
Section 31525,000
Section 31725,000
Section 31825,000
Subsection 319(1)25,000
Subsection 319(2)25,000
Subsection 319(3)25,000
Subsection 319(4)25,000
Section 32025,000
Section 3215,000
Subsection 322(1)5,000
Subsection 323(1)5,000
Subsection 323(2)5,000
Section 32425,000
Subsection 325(1)25,000
Subsection 325(2)25,000
Subsection 325(3)25,000
Subsection 325(4)25,000
Section 32625,000
Paragraph 327(1)(a)5,000
Paragraph 327(1)(b)5,000
Paragraph 327(1)(c)5,00025,000
Paragraph 327(1)(d)5,000
Paragraph 327(1)(e)5,000
Paragraph 327(1)(f)5,000
Paragraph 327(1)(g)5,00025,000
Paragraph 327(2)(a)5,00025,000
Paragraph 327(2)(b)5,000
Subsection 328(1)5,000
Subsection 328(2)5,00025,000
Section 3295,00025,000
Subsection 331(1)5,000
Subsection 331(2)5,000
Subsection 332(1)5,00025,000
Section 3335,000
Section 33425,000
Subsection 335(1)25,000
Subsection 336(1)25,000
Subsection 336(2)25,000
Subsection 337(1)5,000
Subsection 337(2)5,000
Subsection 337(3)5,00025,000
Section 33825,000
Subsection 339(2)25,000
Section 34025,000
Division 9 — Airport Security Programs
Subsection 347(1)25,000
Paragraph 347(2)(a)25,000
Paragraph 347(2)(b)25,000
Paragraph 347(2)(c)10,000
Paragraph 347(2)(d)10,000
Paragraph 347(2)(e)25,000
Paragraph 347(2)(f)25,000
Paragraph 347(2)(g)25,000
Paragraph 347(2)(h)25,000
Paragraph 347(2)(i)25,000
Paragraph 347(2)(j)25,000
Paragraph 347(2)(k)10,000
Paragraph 347(2)(l)25,000
Paragraph 348(1)(a)25,000
Paragraph 348(1)(b)25,000
Paragraph 348(1)(c)25,000
Paragraph 348(1)(d)10,000
Subsection 348(2)25,000
Section 34925,000
Subsection 350(1)10,000
Subsection 350(2)10,000
Subsection 350(3)10,000
Section 35425,000
Section 35525,000
Subsection 357(1)25,000
Subsection 357(2)25,000
Subsection 357(3)25,000
Subsection 357(4)25,000
Subsection 357(5)25,000
Section 35925,000
Section 36125,000
Section 36225,000
Subsection 364(1)25,000
Subsection 364(2)25,000
Subsection 364(3)25,000
Subsection 364(4)25,000
Subsection 364(6)25,000
Subsection 365(1)25,000
Section 36625,000
Subsection 366.2(1)25,000
Subsection 366.2(2)25,000
Subsection 366.2(3)25,000
Subsection 367(1)25,000
Subsection 368(1)25,000
Subsection 369(1)25,000
Section 37010,000
Subsection 371(1)10,000
Subsection 371(2)10,000
Subsection 371(3)10,000
Section 37225,000
Section 37325,000
Subsection 374(1)5,00025,000
Subsection 374(2)5,00025,000
Section 3805,00025,000
Division 11 — Other Aerodrome Operations
Subsection 392(1)25,000
PART 6 — CLASS 3 AERODROMES
Division 1 — Prohibited Items
Subsection 405(1)25,000
Division 2 — Threats and Incidents
Section 40825,000
Paragraph 409(a)25,000
Paragraph 409(b)25,000
Section 41025,000
Paragraph 411(a)5,00025,000
Paragraph 411(b)5,00025,000
Section 41225,000
Section 41310,000
Section 41410,000
Division 3 — AVSEC Levels
Section 41625,000
Section 41710,000
Division 4 — Personnel and Training
Subsection 425(1)25,000
Subsection 425(2)25,000
Subsection 426(1)25,000
Subsection 427(1)25,000
Subsection 427(2)25,000
Section 42825,000
Subsection 429(1)10,000
Subsection 429(2)10,000
Subsection 429(3)10,000
Division 5 — Facilitation of Screening
Section 43225,000
Subsection 433(1)25,000
Section 43425,000
Section 43525,000
Section 43625,000
Subsection 438(1)25,000
Division 6 — Access Controls
Section 43925,000
Section 44025,000
Section 4415,000
Section 44225,000
Subsection 443(1)25,000
Subsection 443(2)25,000
Subsection 444(1)5,00025,000
Subsection 444(2)5,00025,000
Section 4455,00025,000
Section 4465,000
Section 4475,00025,000
Section 4485,00025,000
Subsection 449(1)5,000
Section 45025,000
Division 7.1 — Enhanced Access Controls
Subsection 452.02(2)25,000
Subsection 452.03(1)25,000
Subsection 452.03(4)25,000
Subsection 452.04(1)25,000
Subsection 452.04(2)25,000
Section 452.055,00025,000
Paragraph 452.06(a)5,00025,000
Paragraph 452.06(b)5,00025,000
Section 452.0725,000
Section 452.0825,000
Section 452.0925,000
Subsection 452.1(1)25,000
Subsection 452.1(2)25,000
Section 452.1125,000
Section 452.1225,000
Subsection 452.13(1)25,000
Subsection 452.13(2)25,000
Subsection 452.13(3)25,000
Subsection 452.13(4)25,000
Section 452.1425,000
Section 452.155,00025,000
Subsection 452.16(1)25,000
Subsection 452.16(2)5,00025,000
Subsection 452.16(3)25,000
Section 452.1725,000
Section 452.1925,000
Section 452.225,000
Subsection 452.21(1)25,000
Subsection 452.21(2)25,000
Subsection 452.21(3)25,000
Subsection 452.21(4)25,000
Section 452.2225,000
Section 452.235,000
Subsection 452.24(1)5,000
Subsection 452.25(1)5,000
Subsection 452.25(2)5,000
Section 452.2625,000
Subsection 452.27(1)25,000
Subsection 452.27(2)25,000
Subsection 452.27(3)25,000
Subsection 452.27(4)25,000
Section 452.2825,000
Paragraph 452.29(1)(a)5,000
Paragraph 452.29(1)(b)5,000
Paragraph 452.29(1)(c)5,00025,000
Paragraph 452.29(1)(d)5,000
Paragraph 452.29(1)(e)5,000
Paragraph 452.29(1)(f)5,000
Paragraph 452.29(1)(g)5,00025,000
Paragraph 452.29(2)(a)5,00025,000
Paragraph 452.29(2)(b)5,000
Subsection 452.3(1)5,000
Subsection 452.3(2)5,00025,000
Section 452.315,00025,000
Subsection 452.32(1)5,000
Subsection 452.32(2)5,000
Subsection 452.33(1)5,00025,000
Section 452.345,000
Section 452.3525,000
Subsection 452.36(1)25,000
Subsection 452.37(1)25,000
Subsection 452.37(2)25,000
Subsection 452.38(1)5,000
Subsection 452.38(2)5,000
Subsection 452.38(3)5,00025,000
Section 452.3925,000
Subsection 452.4(2)25,000
Section 452.4125,000
Division 8 — Airport Security Programs
Subsection 455(1)25,000
Paragraph 455(2)(a)25,000
Paragraph 455(2)(b)25,000
Paragraph 455(2)(c)10,000
Paragraph 455(2)(d)10,000
Paragraph 455(2)(e)25,000
Paragraph 455(2)(f)25,000
Paragraph 455(2)(g)25,000
Paragraph 455(2)(h)25,000
Paragraph 455(2)(i)25,000
Paragraph 455(2)(j)25,000
Paragraph 455(2)(k)10,000
Paragraph 455(2)(l)25,000
Paragraph 456(1)(a)25,000
Paragraph 456(1)(b)25,000
Paragraph 456(1)(c)25,000
Paragraph 456(1)(d)10,000
Subsection 456(2)25,000
Section 45725,000
Subsection 458(1)10,000
Subsection 458(2)10,000
Subsection 458(3)10,000
Section 46125,000
Section 46225,000
Subsection 464(1)25,000
Subsection 464(2)25,000
Subsection 464(3)25,000
Subsection 464(4)25,000
Subsection 464(5)25,000
Section 46625,000
Section 46825,000
Section 46925,000
Subsection 471(1)25,000
Subsection 471(2)25,000
Subsection 471(3)25,000
Subsection 471(4)25,000
Subsection 471(6)25,000
Subsection 472(1)25,000
Section 47325,000
Subsection 473.2(1)10,000
Subsection 473.2(2)25,000
Subsection 474(1)25,000
Subsection 475(1)25,000
Subsection 476(1)25,000
Section 47710,000
Subsection 478(1)10,000
Subsection 478(2)10,000
Subsection 478(3)10,000
Section 47925,000
Section 48025,000
Subsection 481(1)5,00025,000
Subsection 481(2)5,00025,000
Section 4845,00025,000
Division 10 — Other Arodrome Operations
Subsection 496(1)25,000
PART 7 — OTHER AERODROMES
Division 2 — Threats and Incidents
Section 5095,00025,000
Paragraph 510(a)5,00025,000
Paragraph 510(b)5,00025,000
Section 5115,00025,000
Paragraph 512(a)5,00025,000
Paragraph 512(b)5,00025,000
Section 5135,00025,000
Section 5143,00010,000
Section 5153,00010,000
Division 3 — Emergency Planning
Subsection 517(1)5,00025,000
Section 5183,00010,000
Subsection 519(1)3,00010,000
Subsection 519(2)3,00010,000
Subsection 519(3)3,00010,000
PART 8 — AIRCRAFT SECURITY
Subsection 539(1)5,00025,000
Subsection 539(2)5,00025,000
Subsection 540(1)5,00025,000
Subsection 540(2)5,00025,000
Subsection 540(3)5,000
Subsection 541(1)5,00025,000
Subsection 541(2)5,00025,000
Subsection 542(1)5,00025,000
Subsection 542(2)5,00025,000
Subsection 543(1)3,00010,000
Subsection 543(2)3,00010,000
Section 5445,00025,000
Section 5455,00025,000
PART 11 — AIR CARGO
Section 6715,00025,000
Subsection 672(1)5,00025,000
Section 6735,00025,000
Section 6745,00025,000
Paragraph 675(1)(a)5,00025,000
Paragraph 675(1)(b)5,00025,000
Paragraph 675(1)(c)3,00010,000
Paragraph 675(1)(d)5,00025,000
Paragraph 675(1)(e)5,00025,000
Paragraph 675(1)(f)5,00025,000
Paragraph 675(1)(g)5,00025,000
Subsection 675(3)5,00025,000
Paragraph 676(1)(a)5,00025,000
Paragraph 676(1)(b)3,00010,000
Paragraph 676(1)(c)5,00025,000
Paragraph 676(1)(d)5,00025,000
Paragraph 676(1)(e)5,00025,000
Paragraph 676(1)(f)5,00025,000
Subsection 676(3)5,00025,000
Paragraph 677(a)5,00025,000
Paragraph 677(b)5,00025,000
Subsection 679(1)5,00025,000
Subsection 679(2)5,00025,000
Subsection 680(1)5,00025,000
Subsection 680(2)5,00025,000
Section 6815,00025,000
Section 6825,00025,000
Section 6833,00010,000
Subsection 684(1)3,00010,000
Subsection 684(3)3,00010,000
Subsection 684(4)3,00010,000
Subsection 685(1)3,00010,000
Subsection 685(2)3,00010,000
Section 6865,00025,000

AMENDMENTS NOT IN FORCE

  • — SOR/2024-203, s. 1

  • — SOR/2024-203, s. 2

    • 2 The headings “Air Cargo and Mail” and “Overview” before section 668 and sections 668 to 669 of the Regulations are replaced by the following:

      Cargo and Mail — Flights from Canada

      DIVISION 1Cargo

      Application
      • Application
        • 668 (1) Section 669 applies to air carriers who transport cargo on a flight departing from an aerodrome located in Canada.

        • (2) Sections 670 to 686 apply to the following members of the air cargo security program who screen cargo or store, tender or transport secure cargo:

          • (a) regulated agents;

          • (b) certified agents; and

          • (c) known consignors.

      Transporting and Tendering
      • Requirement to screen cargo
        • 669 (1) Cargo that is to be transported by an air carrier on a flight must be screened by the air carrier for threat items in accordance with a security measure unless the cargo was tendered to the air carrier for transportation by air as secure cargo.

        • Prohibition

          (2) An air carrier must not transport cargo on a flight if the cargo contains a threat item.

  • — SOR/2024-203, s. 3

    • 3 Section 673 of the Regulations is repealed.

  • — SOR/2024-203, s. 4

    • 4 Section 720 of the Regulations and the reference “[721 to 738 reserved]” after section 720 are replaced by the following:

      • Requirement to screen mail
        • 720 (1) Mail that is to be transported by an air carrier on a flight departing from an aerodrome located in Canada must be screened by the air carrier for threat items in accordance with a security measure.

        • Prohibition

          (2) An air carrier must not transport mail on a flight departing from an aerodrome located in Canada if the mail contains a threat item.

      [721 to 739 reserved]
  • — SOR/2024-203, s. 5

    • 5 Part 12 of the Regulations is replaced by the following:

      PART 12Cargo — Flights from Outside Canada

      • Application

        740 This Part applies to air carriers who transport cargo on a flight departing from a place outside Canada to an aerodrome located in Canada. This Part does not apply in respect of diplomatic or consular bags.

      • Cargo information
        • 741 (1) An air carrier must provide to the Minister, before cargo is loaded on board the aircraft, the following information:

          • (a) the air waybill number;

          • (b) the name and address of each original shipper;

          • (c) the name and address of each consignee;

          • (d) a description of each piece of cargo;

          • (e) the number of pieces;

          • (f) the total weight of the cargo.

        • Change in cargo information

          (2) If there are any changes to the information, the air carrier must, as soon as feasible, provide the updated information to the Minister.

        • Additional information

          (3) The air carrier must provide to the Minister, on request, any additional information respecting the cargo so that the aviation security risk may be assessed.

      • Cargo screening request
        • 742 (1) At the request of the Minister, an air carrier must screen the cargo for threat items in accordance with a security measure.

        • Threat item

          (2) If the cargo contains a threat item, the air carrier must immediately establish control of the cargo and must remove any threat to aviation security.

        • Screening information

          (3) After any screening carried out under subsection (1), the air carrier must provide the Minister with the following information before the flight’s departure from the last point of departure:

          • (a) the screening methods used;

          • (b) the date and time of the screening;

          • (c) the air waybill number;

          • (d) if the cargo contained a threat item, the action taken to remove the threat.

      • Prohibition

        743 An air carrier must not transport cargo on a flight unless

        • (a) the Minister has confirmed receipt of the information referred to in subsection 741(1) and, if applicable, subsection 741(2);

        • (b) the Minister has confirmed that no further action is to be taken after the assessment of the additional information provided under subsection 741(3);

        • (c) the Minister has not issued a “Do Not Load” notice in respect of the cargo; and

        • (d) the Minister has confirmed that no further action is to be taken after the assessment of the information provided under subsection 742(3).

      • Information to Minister

        744 An air carrier must provide the following information to the Minister as soon as feasible after a flight’s departure from the last point of departure and before its arrival in Canada:

        • (a) the date of the flight;

        • (b) the flight number;

        • (c) the destination aerodrome;

        • (d) the departure time;

        • (e) a list of the air waybill numbers for the flight.

      • Contact person

        745 An air carrier must provide to the Minister the name and contact information of the person who is acting as the principal contact between the air carrier and the Minister. The air carrier must ensure that the person is available at all times.

      [746 to 764 reserved]
  • — SOR/2024-203, s. 6

    • 6 The heading “PART 11 — AIR CARGO” in Schedule 4 to the Regulations is replaced by the following:

      Column 1Column 2Column 3
      Maximum Amount Payable ($)Maximum Amount Payable ($)
      Designated ProvisionIndividualCorporation
      PART 11 — CARGO AND MAIL — FLIGHTS FROM CANADA
      Subsection 669(1)25,000
      Subsection 669(2)25,000
  • — SOR/2024-203, s. 7

    • 7 The reference “Section 673” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in columns 2 and 3 are repealed.

  • — SOR/2024-203, s. 8

    • 8 Schedule 4 to the Regulations is amended by adding the following after the reference “Section 686”:

      Column 1Column 2Column 3
      Maximum Amount Payable ($)Maximum Amount Payable ($)
      Designated ProvisionIndividualCorporation
      Subsection 720(1)25,000
      Subsection 720(2)25,000
      PART 12 — CARGO — FLIGHTS FROM OUTSIDE CANADA
      Subsection 741(1)10,000
      Subsection 741(2)10,000
      Subsection 741(3)10,000
      Subsection 742(1)25,000
      Subsection 742(2)25,000
      Subsection 742(3)10,000
      Section 74325,000
      Section 74410,000
      Section 74510,000

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