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

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

• 405 (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.

[406 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

407 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

408 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

409 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

410 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

411 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

412 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

413 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

414 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

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

AVSEC Level Requirements

Marginal note:Additional safeguards

416 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.

Marginal note:Notification

417 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).

Marginal note:Legal powers and obligations

418 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.

[419 and 420 reserved]

DIVISION 4Personnel and Training

Overview

Marginal note:Division overview

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

[422 and 423 reserved]

Security Official

Marginal note:Interpretation

424 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

• 425 (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

• 426 (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.

Marginal note:Follow-up training

• 427 (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.

Marginal note:On-the-job training

428 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.

Marginal note:Training records

• 429 (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.

[430 reserved]

DIVISION 5Facilitation of Screening

Overview

Marginal note:Division overview

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

Screening of Passengers

Marginal note:Passenger screening facilities

432 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.

Marginal note:False declaration notice

• 433 (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.

Notice for Non-passengers

Marginal note:Notice — Liquids, aerosols or gels

434 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.

Screening of Checked Baggage

Marginal note:Checked baggage screening facilities

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

Baggage Handling Systems

Marginal note:No change without agreement

436 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.