Vol. 148, No. 10 — March 8, 2014

ORDERS IN COUNCIL

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order No. 2 Respecting Flights to Russia

P.C. 2014-171 February 28, 2014

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 6.41(2) (see footnote a) of the Aeronautics Act (see footnote b), approves Interim Order No. 2 Respecting Flights to Russia, made by the Minister of Transport on February 18, 2014.

EXPLANATORY NOTE

(This note is not part of the Interim Order.)

Proposal

On February 7, 2014, the Minister of Transport made the Interim Order Respecting Flights to Russia (“the Interim Order”) under subsection 6.41(1) of the Aeronautics Act (“the Act”). The Interim Order requires the Canadian Air Transport Security Authority (CATSA) to screen and remove any liquids, gels and aerosols (“LAGs”) and powders from passengers and carry-on baggage, with the exception of medical/dietary LAGs or duty-free LAGs in sealed special security bags (“STEBs”) during pre-board screening. Subsection 4.85(3) of the Act prohibits an airline from transporting a passenger who is subject to this screening requirement unless the passenger is so screened.

On February 18, 2014, the Minister of Transport made a second Interim Order Respecting Flights to Russia. This second Interim Order has the effect of extending the prohibition from February 24, 2014, to April 1, 2014.

An interim order under section 6.41 of the Act ceases to have effect in 14 days unless it is approved by the Governor in Council under subsection 6.41(2). If so approved, an interim order may remain in effect for up to one year.

Objective

Effective aviation security relies on many layers of security that are aligned with risk. In Canada, this risk is mitigated using a variety of tools and approaches, including policies, awareness, regulations, or training.

Aviation security in Canada takes a holistic approach and aims to strike the right balance between security, efficiency and fiscal responsibility, while carefully applying risk management principles.

The Interim Order is necessary to allow Canada to continue to fulfill its international and departmental responsibility to establish and implement regulations to safeguard aviation operations against acts of unlawful interference.

In effect, the Interim Orders prohibit the transport of a passenger carrying LAGs and powders, other than duty-free LAGs in STEBs and necessary medical and dietary LAGs, on board Russian aircraft with flights from Canada to Russia until shortly after the 2014 Olympic and Para-Olympic Games have ended.

Background

Under the Aeronautics Act, an interim order can be used to deal with an immediate threat to aviation security. Based on available information, Transport Canada believes that there is a possibility of an act of unlawful interference against civil aviation on board Russian aircraft destined for Russia until shortly after the 2014 Olympic and Para-Olympic Games. The Minister of Transport issued the Interim Orders, which proactively addresses a specific risk to aviation security.

Based on consultations with the Russian Federation, and an assessment of available information, Canada issued a second Interim Order, Interim Order No. 2 Respecting Flights to Russia, that reflects the extended effective period.

Implications

CATSA, during the normal screening processes, is required to screen for and remove any LAGs and powders from passengers and carry-on baggage, with the exception of medical/dietary LAGs or duty-free LAGs in sealed special security bags.

Airlines operating to Russia are required to have their passengers screened by CATSA for LAGs and powders, otherwise boarding of passengers would not be permitted.

Without the Interim Order, CATSA would not have the legal authority to conduct the enhanced screening of passengers and carry-on baggage for all LAGs and powders on board Russian aircraft with flights from Canada to Russia. If approved, Interim Order No. 2 will cease to have effect on April 1, 2014. There are three flights weekly from Canada to Russia.

Consultation

The Department has consulted with the Russian Federation, CATSA, PCO Security and Intelligence who all support the general approach.

Departmental contact

Vicki Whalen
Chief
Aviation Security Regulations
Regulatory Affairs
Transport Canada
Email: vicki.whalen@tc.gc.ca
Telephone: 613-949-8634

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