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

Menu of Additional Safeguards

Marginal note:Requirement to establish

• 365 (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.

Marginal note:Requirement to submit

366 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval.

Marginal note:Approval

366.1 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.

Marginal note:Amendments

• 366.2 (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.

Emergency Plans

Marginal note:Plan requirements

• 367 (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.

Security Exercises

Marginal note:Operations-based security exercise

• 368 (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).

Marginal note:Discussion-based security exercise

• 369 (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.

Marginal note:Notice

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

Records

Marginal note:Additional safeguards

• 371 (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.

Corrective Actions

Marginal note:Corrective actions

372 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.

Marginal note:Corrective action plan

373 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.

Primary Security Line Partners

Marginal note:Provision of information to operator of aerodrome

• 374 (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.

[375 to 379 reserved]

Disclosure of Information

Marginal note:Prohibition

380 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.

DIVISION 10Reserved

[381 to 390 reserved]

DIVISION 11Other Aerodrome Operations

Overview

Marginal note:Division overview

391 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

Construction Plans

Marginal note:Requirement to notify Minister

• 392 (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.

[393 to 400 reserved]

PART 6Class 3 Aerodromes

Overview

Marginal note:Part overview

401 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

402 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

403 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

404 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.