ARCHIVED — Vol. 146, No. 1 — January 4, 2012

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Registration

SOR/2011-318 December 16, 2011

AERONAUTICS ACT

Canadian Aviation Security Regulations, 2012

P.C. 2011-1669 December 15, 2011

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

TABLE OF CONTENTS

(This table is not part of the Regulations.)

CANADIAN AVIATION SECURITY REGULATIONS, 2012

OVERVIEW

 1 Regulations overview

 2 Structure

INTERPRETATION

 3 Definitions

PART 1

SCREENING

OVERVIEW

 4 Part overview

SCREENING OFFICERS

 5 Requirements

OFFICIAL LANGUAGES

 6 Official languages

CARRIAGE OF WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES DURING SCREENING

 7 Prohibition

 8 Notification of screening officers

SCREENING FOR PROHIBITED ITEMS

 9 Application

 10 Prohibited items

 11 Weapons, explosive substances and incendiary devices

 12 Medically necessary goods

 13 Medical kits

CIRCUMVENTING SCREENING

 14 Circumventing screening

THREAT RESPONSE

 15 Threat response

REPORTING OF SECURITY INCIDENTS

 16 Items at checkpoint

SECURITY INFORMATION

 17 Security information

PART 2

OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA

OVERVIEW

 55 Part overview

IDENTITY VERIFICATION SYSTEM

 56 System requirements

 57 Database backup

 58 Disclosure of information

 59 Biometric templates

 60 Protection of information

 61 Activation of cards

 62 Deactivation of cards

 63 Business continuity plan

 64 Records

PART 3

WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

OVERVIEW

 76 Part overview

AT AERODROMES

 77 Prohibition — sale

 78 Prohibition — carriage, transportation and access

ON BOARD AIRCRAFT

 79 Weapons

TRANSPORT AND TENDERING FOR TRANSPORTATION

 80 General prohibitions

FALSE DECLARATIONS

 81 False declarations

PART 4

CLASS 1 AERODROMES

OVERVIEW

 82 Part overview

APPLICATION

 83 Application

DIVISION 1

PROHIBITED ITEMS

Overview

 84 Division overview

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

 85 Authorization

DIVISION 2

THREATS AND INCIDENTS

Overview

 88 Division overview

Threat Response

 89 Area under operator’s control

 90 Area under control of other person

 91 Specific threats

 92 Duties of other person

 93 Threats identified by other person

Information Reporting

 94 Security incidents

 95 Commercial air service information

DIVISION 3

RESERVED

DIVISION 4

PERSONNEL AND TRAINING

Overview

108 Division overview

Security Official — Aerodrome

111 Interpretation

112 Requirement

Security Official — Primary Security Line Partner

113 Interpretation

114 Requirement

DIVISION 5

RESERVED

DIVISION 6

ACCESS CONTROLS

Overview

127 Division overview

Signs

128 Sign requirements

Restricted Area Access Points

131 Prohibition

Doors, Gates, Emergency Exits and Other Devices

133 Duty to close and lock — operators

134 Duty to close and lock — partners and lessees

135 Temporary use or control

136 Uncontrolled restricted area access point

137 Preventing locking

138 Emergency exits

Unauthorized Access

139 Prohibition

DIVISION 7

RESERVED

DIVISION 8

ENHANCED ACCESS CONTROLS

Overview

143 Division overview

Identity Verification System

144 Disclosure of information

Information to Be Displayed on a Restricted Area Identity Card

145 Required information

Issuance of Restricted Area Identity Cards

146 Issuance criteria

147 False information

148 Sponsorship

149 Issuance of multiple cards

150 Replacement of cards

151 Requirement to inform

152 Collection of information

153 Quality control

154 Protection of information

Deactivation of Restricted Area Identity Cards

155 Deactivation request

156 Change in employment

157 Duty of employer

158 Retrieval of cards

Keys, Combination Codes and Personal Identification Codes

159 Issuance or assignment

160 Addition of key

161 Protection of information

162 Cancellation, withdrawal or retrieval

Records

163 General requirement

Restricted Area Access Control Process

164 Use of identity verification system

Control of Access to Restricted Areas

165 Unauthorized access prohibition

166 Restricted area identity cards — conditions of use

167 Display of restricted area identity cards

168 Oversight

Business Continuity Plans

169 Business continuity plans

170 Database backup

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

171 General prohibitions

172 Report of loss or theft

173 Report of non-functioning card

174 Notification of CATSA

Presentation and Surrender of Restricted Area Identity Cards

175 Presentation on demand

176 Surrender on demand

177 Return of cards

178 Notification of Minister

Escort and Surveillance

179 General requirement

180 Escort ratio

181 Requirement to remain together

182 Screening requirement

183 Exception — conveyances

184 Escort conveyances

Inspectors

185 Exemption

186 Inspector’s credentials

187 Escort privileges

188 Conveyance escort privileges

DIVISION 9

AIRPORT SECURITY PROGRAMS

Overview

189 Division overview

Interpretation

190 Processes and procedures

Airport Security Program Requirements

191 Requirement to establish and implement

193 Documentation

194 Requirement to amend

Security Committee

195 Security committee

Corrective Actions

211 Corrective actions

212 Corrective action plan

Disclosure of Information

213 Prohibition

DIVISION 10

RESERVED

DIVISION 11

PRIMARY SECURITY LINE PARTNERS

Overview

224 Division overview

Requirements

225 Requirements

Provision of Information

231 Provision to operator of aerodrome

Corrective Actions

234 Corrective actions

235 Corrective action plan

DIVISION 12

RESERVED

PART 5

CLASS 2 AERODROMES

OVERVIEW

246 Part overview

APPLICATION

247 Application

DIVISION 1

PROHIBITED ITEMS

Overview

248 Division overview

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

249 Authorization

DIVISION 2

THREATS AND INCIDENTS

Overview

252 Division overview

Threat Response

253 Area under operator’s control

254 Area under control of other person

255 Specific threats

256 Duties of other person

257 Threats identified by other person

Information Reporting

258 Security incidents

259 Commercial air service information

DIVISION 3

RESERVED

DIVISION 4

PERSONNEL AND TRAINING

Overview

266 Division overview

Security Official — Aerodrome

269 Interpretation

270 Requirement

DIVISION 5

RESERVED

DIVISION 6

ACCESS CONTROLS

Overview

283 Division overview

Signs

284 Sign requirements

Restricted Area Access Points

287 Prohibition

Doors, Gates, Emergency Exits and Other Devices

289 Duty to close and lock — operators

290 Duty to close and lock — partners and lessees

291 Temporary use or control

292 Uncontrolled restricted area access point

293 Preventing locking

294 Emergency exits

Unauthorized Access

295 Prohibition

DIVISION 7

RESERVED

DIVISION 8

ENHANCED ACCESS CONTROLS

Overview

299 Division overview

Identity Verification System

300 Disclosure of information

Information to Be Displayed on a Restricted Area Identity Card

301 Required information

Issuance of Restricted Area Identity Cards

302 Issuance criteria

303 False information

304 Sponsorship

305 Issuance of multiple cards

306 Replacement of cards

307 Requirement to inform

308 Collection of information

309 Quality control

310 Protection of information

Deactivation of Restricted Area Identity Cards

311 Deactivation request

312 Change in employment

313 Duty of employer

314 Retrieval of cards

Keys, Combination Codes and Personal Identification Codes

315 Issuance or assignment

316 Addition of key

317 Protection of information

318 Cancellation, withdrawal or retrieval

Records

319 General requirement

Restricted Area Access Control Process

320 Use of identity verification system

Control of Access to Restricted Areas

321 Unauthorized access prohibition

322 Restricted area identity cards — conditions of use

323 Display of restricted area identity cards

324 Oversight

Business Continuity Plans

325 Business continuity plans

326 Database backup

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

327 General prohibitions

328 Report of loss or theft

329 Report of non-functioning card

330 Notification of CATSA

Presentation and Surrender of Restricted Area Identity Cards

331 Presentation on demand

332 Surrender on demand

333 Return of cards

334 Notification of Minister

Escort and Surveillance

335 General requirement

336 Escort ratio

337 Requirement to remain together

338 Screening requirement

339 Exception — conveyances

340 Escort conveyances

Inspectors

341 Exemption

342 Inspector’s credentials

343 Escort privileges

344 Conveyance escort privileges

DIVISION 9

AIRPORT SECURITY PROGRAMS

Overview

345 Division overview

Interpretation

346 Processes and procedures

Airport Security Program Requirements

347 Requirement to establish and implement

348 Documentation

349 Requirement to amend

Security Committee

350 Security committee

Corrective Actions

372 Corrective actions

373 Corrective action plan

Primary Security Line Partners

374 Provision of information to operators of aerodromes

Disclosure of Information

380 Prohibition

DIVISION 10

RESERVED

DIVISION 11

RESERVED

PART 6

CLASS 3 AERODROMES

OVERVIEW

401 Part overview

APPLICATION

402 Application

DIVISION 1

PROHIBITED ITEMS

Overview

403 Division overview

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

404 Authorization

DIVISION 2

THREATS AND INCIDENTS

Overview

407 Division overview

Threat Response

408 Area under operator’s control

409 Area under control of other person

410 Specific threats

411 Duties of other person

412 Threats identified by other person

Information Reporting

413 Security incidents

414 Commercial air service information

DIVISION 3

RESERVED

DIVISION 4

PERSONNEL AND TRAINING

Overview

421 Division overview

Security Official — Aerodrome

424 Interpretation

425 Requirement

DIVISION 5

RESERVED

DIVISION 6

ACCESS CONTROLS

Overview

437 Division overview

Restricted Area Access Points

441 Prohibition

Doors, Gates, Emergency Exits and Other Devices

443 Duty to close and lock — operators

444 Duty to close and lock — partners and lessees

445 Temporary use or control

446 Uncontrolled restricted area access point

447 Preventing locking

448 Emergency exits

Unauthorized Access

449 Prohibition

DIVISION 7

RESERVED

DIVISION 8

AIRPORT SECURITY PROGRAMS

Overview

453 Division overview

Interpretation

454 Processes and procedures

Airport Security Program Requirements

455 Requirement to establish and implement

456 Documentation

457 Requirement to amend

Security Committee

458 Security committee

Corrective Actions

479 Corrective actions

480 Corrective action plan

Primary Security Line Partners

481 Provision of information to operators of aerodromes

Disclosure of Information

484 Prohibition

DIVISION 9

RESERVED

DIVISION 10

RESERVED

PART 7

OTHER AERODROMES

OVERVIEW

505 Part overview

DIVISION 1

AUTHORIZATION FOR CARRIAGE OF OR ACCESS TO
EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

506 Application

507 Authorization

DIVISION 2

THREATS AND INCIDENTS

Application

508 Application

Threat Response

509 Area under operator’s control

510 Area under control of other person

511 Specific threats

512 Duties of other person

513 Threats identified by other person

Information Reporting

514 Security incidents

515 Commercial air service information

PART 8

AIRCRAFT SECURITY

OVERVIEW

525 Part overview

WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

526 Weapons

527 Transport of loaded firearms

528 Transport of unloaded firearms

529 Storage of unloaded firearms

530 Prohibition — alcoholic beverages

531 Authorizations for peace officers

532 Requirement to inform

533 Unloaded firearm authorizations — air carriers

PERSONS IN THE CUSTODY OF AN ESCORT OFFICER

534 Definition of “organization responsible for the person in custody”

535 Peace officer duties

536 Consumption of alcoholic beverages

537 Prohibition — alcoholic beverages

538 Seating of persons in custody

THREAT RESPONSE AND INFORMATION REPORTING

Threat Response

539 Threat to aircraft — air carriers

540 Specific threat to aircraft — air carriers

541 Threat to facility or aerodrome — air carriers

542 Specific threat to facility or aerodrome — air carriers

Reporting of Security Incidents

543 Notification of Minister

Security Information

544 Provision to Minister

545 Duty of service providers

PART 9

RESERVED

PART 10

RESERVED

PART 11

RESERVED

PART 12

RESERVED

PART 13

MINISTERIAL POWERS AND DUTIES

OVERVIEW

765 Part overview

IDENTITY VERIFICATION SYSTEM

766 Disclosure of information

767 Deactivation request

PART 14

DESIGNATED PROVISIONS

OVERVIEW

797 Part overview

DESIGNATED PROVISIONS

798 Designated provisions

799 Designation of security measure provisions

NOTICE OF CONTRAVENTION

800 Notice requirements

PART 15

CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS,
REPEAL AND COMING INTO FORCE

CONSEQUENTIAL AMENDMENTS TO THE DESIGNATED
PROVISIONS REGULATIONS

801 Repeal — Section 3

802 Repeal — Schedule 2

TRANSITIONAL PROVISIONS

803 Operators of class 1 aerodromes

804 Operators of class 2 aerodromes

805 Operators of class 3 aerodromes

REPEAL

806 

COMING INTO FORCE

807 Coming into force

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

CANADIAN AVIATION SECURITY REGULATIONS, 2012

OVERVIEW

Regulations overview

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

Other instruments

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

Structure

2. These Regulations are divided into 14 parts:

  1. (a) Part 1 deals with screening authorities and the screening of persons and goods at aerodromes;
  2. (b) Part 2 deals with other air transport security functions of CATSA;
  3. (c) Part 3 deals with weapons, explosive substances and incendiary devices;
  4. (d) Part 4 deals with security at aerodromes listed in Schedule 1;
  5. (e) Part 5 deals with security at aerodromes listed in Schedule 2;
  6. (f) Part 6 deals with security at aerodromes listed in Schedule 3;
  7. (g) Part 7 deals with security at other aerodromes;
  8. (h) Part 8 deals with aircraft security;
  9. (i) Part 9 is reserved;
  10. (j) Part 10 is reserved;
  11. (k) Part 11 is reserved;
  12. (l) Part 12 is reserved;
  13. (m) Part 13 sets out ministerial powers and duties; and
  14. (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

Definitions

3. The following definitions apply in these Regulations.

“accepted cargo”
« fret accepté »

“accepted cargo” means any cargo in respect of which an air waybill or other similar control document is issued.

“Act”
« Loi »

“Act” means the Aeronautics Act.

“biometric template”
« modèle biométrique »

“biometric template” means a template generated by algorithms that encode an identifiable physiological or behavioural characteristic of a person.

“carry-on baggage”
« bagages de cabine »

“carry-on baggage” means any baggage and personal belongings to which a person has or will have access on board an aircraft.

“CATSA”
« ACSTA »

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

“checked baggage”
« bagages enregistrés »

“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.

“combination code”
« code d’accès »

“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.

“crew member”
« membre d’équipage »

“crew member” means a person assigned to duty on an aircraft during flight time by the operator of the aircraft.

“escort officer”
« agent d’escorte »

“escort officer” means

  1. (a) a peace officer; and
  2. (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.

“firearm”
« arme à feu »

“firearm” has the same meaning as in section 2 of the Criminal Code.

“general list of prohibited items”
« liste générale des articles interdits »

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

  1. (a) could pose a threat to aviation security;
  2. (b) are prohibited as carry-on baggage by the governments of other countries; or
  3. (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.

“incendiary device”
« engin incendiaire »

“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.

“inspector”
« inspecteur »

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

“key”
« clé »

“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.

“Minister”
« ministre  »

“Minister” means the Minister of Transport.

“non-passenger screening checkpoint”
« point de contrôle des non-passagers »

“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.

“operator of an aerodrome”
« exploitant d’un aérodrome »

“operator of an aerodrome” means

  1. (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;
  2. (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
  3. (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.

“operator of an aircraft”
« utilisateur d’un aéronef »

“operator of an aircraft” means the person who has possession of the aircraft as owner, lessee or otherwise.

“passenger screening checkpoint”
« point de contrôle des passagers »

“passenger screening checkpoint” means a screening checkpoint that is intended primarily for the screening of departing passengers.

“peace officer”
« agent de la paix »

“peace officer” means

  1. (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;
  2. (b) a member of the Royal Canadian Mounted Police, a police officer or a police constable;
  3. (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;
  4. (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
  5. (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.

“personal identification code”
« code d’identification personnel »

“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.

“primary security line”
« première ligne de sûreté »

“primary security line” means the boundary between a restricted area and a non-restricted area at an aerodrome.

“primary security line partner”
« partenaire de la première ligne de sûreté »

“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.

“regulatory requirement”
« exigence réglementaire »

“regulatory requirement” means a requirement of

  1. (a) these Regulations;
  2. (b) any other aviation security regulations;
  3. (c) a security measure; or
  4. (d) an interim order.

“restricted area”
« zone réglementée »

“restricted area” means any area of an aerodrome to which access is restricted to authorized persons.

“restricted area access point”
« point d’accès aux zones réglementées »

“restricted area access point” means an opening in a security barrier that allows access to a restricted area.

“restricted area identity card”
« carte d’identité de zone réglementée »

“restricted area identity card” means a restricted area pass issued by or under the authority of the operator of an aerodrome listed in Schedule 1 or 2.

“restricted area pass”
« laissez-passer de zone réglementée »

“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.

“screening authority”
« administration de contrôle »

“screening authority” means a person responsible for the screening of persons and goods.

“screening officer”
« agent de contrôle »

“screening officer” has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act.

“security barrier”
« enceinte de sûreté »

“security barrier” means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area.

“security personnel”
« personnel de sûreté »

“security personnel” means, in the case of an aerodrome, individuals, other than peace officers, who are employed at the aerodrome to detect, prevent, respond to, and assist in the recovery from acts or attempted acts of unlawful interference with civil aviation.

“specific list of prohibited items”
« liste spécifique des articles interdits »

“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.

“sterile area”
« zone stérile »

“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:

  1. (a) passengers who have been screened;
  2. (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
  3. (c) other persons who are authorized to be in the area by the operator of the aerodrome.

“TP 14628”
« 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.

“weapon”
« arme »

“weapon” has the same meaning as in section 2 of the Criminal Code.

PART 1

SCREENING

OVERVIEW

Part overview

4. 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.

SCREENING OFFICERS

Requirements

5. (1) A screening officer must not screen persons or goods unless the screening officer

  1. (a) is at least 18 years of age;
  2. (b) is a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
  3. (c) is able to communicate effectively both orally and in writing in one or both official languages;
  4. (d) has a security clearance; and
  5. (e) meets the minimum standards set out in the Designation Standards for Screening Officers, published by the Department of Transport in January 2004, as amended from time to time.

Supervision

(2) A 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).

OFFICIAL LANGUAGES

Official languages

6. 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

  1. (a) carry out screening by means that allow effective communication with members of the public in the official language of their choice; and
  2. (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

Prohibition

7. (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.

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.

Notification of screening officers

8. 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.

SCREENING FOR PROHIBITED ITEMS

Application

9. Sections 10 to 13 apply in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations.

Prohibited items

10. (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

  1. (a) are listed or described in the general list of prohibited items; or
  2. (b) pose an immediate threat to aviation security.

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.

Weapons, explosive substances and incendiary devices

11. 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.

Medically necessary goods

12. 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.

Medical kits

13. A screening authority may permit a health care professional in possession or control of a medical kit that contains goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the screening authority ensures that the kit does not include sharp or cutting instruments.

CIRCUMVENTING SCREENING

Circumventing screening

14. 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.

THREAT RESPONSE

Threat response

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

  1. (a) immediately notify the operator of the aerodrome of the nature of the threat; and
  2. (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

REPORTING OF SECURITY INCIDENTS

Items at checkpoint

16. (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.

Exception

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

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:

  1. (a) a loaded firearm;
  2. (b) an explosive substance, other than ammunition; or
  3. (c) an incendiary device.

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

Security information

17. 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

  1. (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the screening authority; and
  2. (b) a description of the nature of the screening operations related to a particular flight or aerodrome.

[18 to 54 reserved]

PART 2

OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA

OVERVIEW

Part overview

55. This Part sets out air transport security functions, other than screening, that are assigned to CATSA.

IDENTITY VERIFICATION SYSTEM

System requirements

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

  1. (a) that a person in possession of a restricted area identity card is the person to whom the card has been issued; and
  2. (b) that the restricted area identity card is active or has been deactivated.

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.

Database backup

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

Disclosure of information

58. (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.

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.

Biometric templates

59. (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

  1. (a) monitoring the quality of biometric templates; or
  2. (b) determining if a restricted area identity card is already active in respect of the applicant.

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.

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.

Protection of information

60. 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.

Activation of cards

61. 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.

Deactivation of cards

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

Business continuity plan

63. (1) CATSA must develop and maintain a business continuity plan that, at a minimum, sets out how CATSA will re-establish normal operations and meet the following objectives in the event that it is unable to use the identity verification system to meet those objectives:

  1. (a) to receive security clearance information from the Minister;
  2. (b) to activate and deactivate restricted area identity cards; and
  3. (c) to allow the operator of an aerodrome to verify that a restricted area identity card is active or has been deactivated.

Implementation

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

Delay notice

(3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if CATSA discovers that it will be unable, for more than 24 hours, to use the identity verification system to meet the objectives set out in paragraphs (1)(a) to (c).

Ministerial access

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

Records

64. (1) CATSA must keep updated records respecting

  1. (a) restricted area identity cards that have been activated;
  2. (b) restricted area identity cards that have been deactivated;
  3. (c) deactivated restricted area identity cards that have not been retrieved;
  4. (d) restricted area identity cards that have been reported as lost or stolen;
  5. (e) blank restricted area identity cards distributed to operators of aerodromes; and
  6. (f) restricted area identity cards that have been destroyed by the operator of an aerodrome.

Provision of records to Minister

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

[65 to 75 reserved]

PART 3

WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

OVERVIEW

Part overview

76. 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

Prohibition — sale

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

  1. (a) a weapon;
  2. (b) a model or replica of a weapon;
  3. (c) an explosive substance; and
  4. (d) an incendiary device.

Prohibition — carriage, transportation and access

78. (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.

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

Item

Column 1
Person

Column 2 Permitted Goods

Column 3
Conditions

1.

any person

an unloaded firearm

the 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

2.

a peace officer

a weapon and ammunition

the peace officer is acting in the course of their duties

3.

the pilot-in-command of an aircraft that is operated by an air carrier

an unloaded firearm

the pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1)

4.

the pilot-in-command of an aircraft that is operated by a person other than an air carrier

an unloaded firearm and ammunition

the pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2)

5.

an employee of a federal or provincial department or agency who is engaged in wildlife control

an unloaded firearm

the 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)

6.

a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm

a firearm and ammunition

the person is engaged in the protection of persons or property at the aerodrome

7.

a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm

a firearm and ammunition

the person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome

8.

any person

an explosive substance or incendiary device

the 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

9.

any person

an explosive substance or incendiary device

the person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome

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.

ON BOARD AIRCRAFT

Weapons

79. (1) Subject to subsections (3) and (4), a person must not carry or have access to a weapon on board an aircraft.

Explosive substances and incendiary devices

(2) A person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.

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:

  1. (a) a peace officer who is authorized by the air carrier under section 531;
  2. (b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 533(1); and
  3. (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).

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).

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:

  1. (a) a peace officer; and
  2. (b) an employee of a federal or provincial department or agency who is engaged in wildlife control.

TRANSPORT AND TENDERING FOR TRANSPORTATION

General prohibitions

80. (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:

  1. (a) a loaded firearm;
  2. (b) an explosive substance other than ammunition; and
  3. (c) an incendiary device.

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.

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

False declarations

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

  1. (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
  2. (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 4

CLASS 1 AERODROMES

OVERVIEW

Part overview

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

APPLICATION

Application

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

DIVISION 1

PROHIBITED ITEMS

Overview

Division overview

84. 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

Authorization

85. 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

  1. (a) the explosive substance or incendiary device is to be used at the aerodrome
    1. (i) for excavation, demolition or construction work,
    2. (ii) in fireworks displays,
    3. (iii) by persons operating explosives detection equipment or handling explosives detection dogs,
    4. (iv) by a police service, or
    5. (v) by military personnel; and
  2. (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.

[86 and 87 reserved]

DIVISION 2

THREATS AND INCIDENTS

Overview

Division overview

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

Threat Response

Area under operator’s control

89. 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 specific threat that jeopardizes the security of the facility or that part of the aerodrome.

Area under control of other person

90. 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

  1. (a) notify the person of the nature of the threat; and
  2. (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

Specific threats

91. The operator of an aerodrome who determines that there is a specific 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.

Duties of other person

92. 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

  1. (a) immediately notify the operator of the aerodrome of the nature of the threat; and
  2. (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Threats identified by other person

93. If it is determined under paragraph 15(b), 90(b) or 92(b) that there is a specific 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

Security incidents

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

  1. (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);
  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;
  3. (c) a specific threat against the aerodrome; and
  4. (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Commercial air service information

95. 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 3

RESERVED

[96 to 107 reserved]

DIVISION 4

PERSONNEL AND TRAINING

Overview

Division overview

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

[109 and 110 reserved]

Security Official — Aerodrome

Interpretation

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

  1. (a) coordinating and overseeing security controls and procedures at the aerodrome; and
  2. (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.

Requirement

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

Contact information

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

  1. (a) the name of each security official and acting security official; and
  2. (b) 24-hour contact information for those officials.

Security Official — Primary Security Line Partner

Interpretation

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

  1. (a) coordinating and overseeing the carrying out of the regulatory requirements that apply to the partner under this Part; and
  2. (b) acting as the principal contact between the partner, the operator of the aerodrome and the Minister with respect to security matters, including the carrying out of the regulatory requirements that apply to the partner under this Part.

Requirement

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

Contact information

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

  1. (a) the name of each security official and acting security official; and
  2. (b) 24-hour contact information for those officials.

[115 to 119 reserved]

DIVISION 5

RESERVED

[120 to 126 reserved]

DIVISION 6

ACCESS CONTROLS

Overview

Division overview

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

Signs

Sign requirements

128. (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

  1. (a) be in at least both official languages;
  2. (b) identify the restricted area as a restricted area; and
  3. (c) state that access to the area is restricted to authorized persons.

Signs on security barriers

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

Restricted Area Access Points

[129 and 130 reserved]

Prohibition

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

[132 reserved]

Doors, Gates, Emergency Exits and Other Devices

Duty to close and lock — operators

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

  1. (a) the operator has control of and responsibility for the door, gate or other device; and
  2. (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

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

  1. (a) the operator has control of and responsibility for the emergency exit; and
  2. (b) the emergency exit allows access between a restricted area and a non-restricted area.

Duty to close and lock — partners and lessees

134. (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

  1. (a) the partner or lessee has control of and responsibility for the door, gate or other device; and
  2. (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

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

  1. (a) the partner has control of and responsibility for the emergency exit; and
  2. (b) the emergency exit allows access between a restricted area and a non-restricted area.

Temporary use or control

135. 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.

Uncontrolled restricted area access point

136. 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

  1. (a) lock the door, gate or other device that allows access to or from the restricted area; and
  2. (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Preventing locking

137. 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.

Emergency exits

138. 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

  1. (a) the person is authorized by the operator of the aerodrome to open it; or
  2. (b) there is an emergency.

Unauthorized Access

Prohibition

139. (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.

Exception — operator

(2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if

  1. (a) that part of the aerodrome is not a restricted area; and
  2. (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Exception — lessee

(3) 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 may allow a person to enter or remain in that part of the aerodrome if

  1. (a) the part of the aerodrome is not a restricted area; and
  2. (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

[140 reserved]

DIVISION 7

RESERVED

[141 and 142 reserved]

DIVISION 8

ENHANCED ACCESS CONTROLS

Overview

Division overview

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

Identity Verification System

Disclosure of information

144. (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.

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

Required information

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

  1. (a) the full name of the person to whom the card is issued;
  2. (b) the person’s height;
  3. (c) a photograph depicting a frontal view of the person’s face;
  4. (d) the expiry date of the card;
  5. (e) the name of the aerodrome where the card is issued;
  6. (f) the name of the person’s employer, if the person has a single employer;
  7. (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer;
  8. (h) the person’s occupation, if the person has a single occupation; and
  9. (i) the terms “multi-occupation” and “emplois multiples”, if the person has more than one occupation.

Expiration date

(2) A restricted area identity card 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.

Expiration date — multi-aerodrome card

(3) Despite subsection (2), a restricted area identity card that is issued to a person who requires access to restricted areas at more than one aerodrome, but who is not a crew member, expires no later than one year after the day on which it is issued or on the day on which the person’s security clearance expires, whichever is earlier.

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

Issuance criteria

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

  1. (a) applies in writing;
  2. (b) is sponsored in writing by their employer;
  3. (c) has a security clearance;
  4. (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and
  5. (e) confirms that the information displayed on the card is correct.

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.

False information

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

Sponsorship

148. An employer must not

  1. (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or
  2. (b) knowingly sponsor an employee for more than one restricted area identity card at a time.

Issuance of multiple cards

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

Replacement of cards

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

  1. (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and
  2. (b) the person still has a security clearance.

Requirement to inform

151. 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.

Collection of information

152. (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:

  1. (a) the applicant’s full name;
  2. (b) the applicant’s height;
  3. (c) a photograph depicting a frontal view of the applicant’s face;
  4. (d) the applicant’s fingerprint images and iris images;
  5. (e) the name of the applicant’s employer; and
  6. (f) the applicant’s occupation.

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.

Quality control

153. 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.

Protection of information

154. 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

Deactivation request

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

  1. (a) the card expires;
  2. (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
  3. (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.

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).

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.

Change in employment

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

  1. (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
  2. (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.

Duty of employer

157. 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.

Retrieval of cards

158. (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.

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.

Keys, Combination Codes and Personal Identification Codes

Issuance or assignment

159. 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

  1. (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or
  2. (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.

Addition of key

160. 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.

Protection of information

161. 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.

Cancellation, withdrawal or retrieval

162. 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

  1. (a) the person’s restricted area identity card has been deactivated; or
  2. (b) the person no longer requires ongoing access to the restricted area in the course of their employment.

Records

General requirement

163. (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

  1. (a) restricted area identity cards and keys that have been issued;
  2. (b) the names of the persons to whom restricted area identity cards or keys have been issued;
  3. (c) the names of the persons to whom combination codes or personal identification codes have been assigned;
  4. (d) blank restricted area identity cards in the operator’s possession;
  5. (e) restricted area identity cards that have been deactivated;
  6. (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;
  7. (g) deactivated restricted area identity cards that have not been retrieved by the operator;
  8. (h) restricted area identity cards that have been reported as lost or stolen;
  9. (i) steps taken to retrieve deactivated restricted area identity cards; and
  10. (j) compliance with section 151.

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.

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.

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

Use of identity verification system

164. 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

Unauthorized access prohibition

165. A person must not enter or remain in a restricted area at an aerodrome unless the person

  1. (a) is a person to whom a restricted area identity card has been issued; or
  2. (b) 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.

Restricted area identity cards — conditions of use

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

  1. (a) they are acting in the course of their employment;
  2. (b) the card is in their possession;
  3. (c) the card is active; and
  4. (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.

Exception

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

Display of restricted area identity cards

167. 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.

Oversight

168. 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

  1. (a) an active restricted area identity card that has been issued to the person; or
  2. (b) 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.

Business Continuity Plans

Business continuity plans

169. (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.

Implementation

(2) The operator of the aerodrome must immediately implement its business continuity plan and 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.

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.

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.

Database backup

170. 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

General prohibitions

171. (1) A person must not

  1. (a) lend or give a restricted area identity card or a key that has been issued to them to another person;
  2. (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;
  3. (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;
  4. (d) use a restricted area identity card or a key that has been issued to another person;
  5. (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;
  6. (f) use a counterfeit restricted area identity card or a counterfeit key; or
  7. (g) make a copy of a restricted area identity card or a key.

Disclosure or use of codes

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

  1. (a) disclose a combination code or personal identification code; or
  2. (b) use another person’s combination code or personal identification code.

Report of loss or theft

172. (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.

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.

Report of non-functioning card

173. 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.

Notification of CATSA

174. The operator of an aerodrome who has issued a restricted area identity card must notify CATSA if the card is reported as lost or stolen.

Presentation and Surrender of Restricted Area Identity Cards

Presentation on demand

175. (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.

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.

Surrender on demand

176. (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.

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

  1. (a) the card has expired or has been reported as lost or stolen;
  2. (b) the card has been deactivated; or
  3. (c) the surrender of the card is required to ensure aviation security.

Demand by screening officer

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

  1. (a) the card has expired or has been reported as lost or stolen;
  2. (b) the card has been deactivated; or
  3. (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.

Demand by peace officer

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

  1. (a) the card has expired or has been reported as lost or stolen; or
  2. (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.

Return of cards

177. 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.

Notification of Minister

178. 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

General requirement

179. (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

  1. (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or
  2. (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.

Exceptions

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

  1. (a) passengers who have been screened; and
  2. (b) inspectors.

Escort ratio

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

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.

Requirement to remain together

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

Idem

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

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.

Screening requirement

182. 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.

Exception — conveyances

183. (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.

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.

Escort conveyances

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

  1. (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;
  2. (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and
  3. (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Inspectors

Exemption

185. 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.

Inspector’s credentials

186. 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.

Escort privileges

187. 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

  1. (a) is acting in the course of their employment;
  2. (b) does not escort more than 10 persons at one time;
  3. (c) remains with the person while the person is in the restricted area;
  4. (d) ensures that the person remains with the inspector while the person is in the restricted area; and
  5. (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.

Conveyance escort privileges

188. (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

  1. (a) is acting in the course of their employment;
  2. (b) does not escort more than 10 persons at one time; and
  3. (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

Additional conditions

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

  1. (a) remain with the person; and
  2. (b) ensure that the person remains with the inspector.

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.

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 9

AIRPORT SECURITY PROGRAMS

Overview

Division overview

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

Interpretation

Processes and procedures

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

Airport Security Program Requirements

Requirement to establish and implement

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

Program requirements

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

  1. (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
  2. (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
  3. (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  4. (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;
  5. (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
  6. (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    1. (i) persons who are employed at the aerodrome,
    2. (ii) crew members who are based at the aerodrome, and
    3. (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
  7. (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  8. (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
  9. (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  10. (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:
    1. (i) persons who are employed at the aerodrome, and
    2. (ii) persons who require access to the aerodrome in the course of their employment;
  11. (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
  12. (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

[192 reserved]

Documentation

193. (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.

Ministerial access

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

Requirement to amend

194. The operator of an aerodrome must amend its airport security program if

  1. (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
  2. (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.

Security Committee

Security committee

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

  1. (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;
  2. (b) helps coordinate the implementation of the controls and processes that are required 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
  3. (c) promotes the sharing of information respecting the airport security program.

Terms of reference

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

  1. (a) identify its membership; and
  2. (b) define the roles and responsibilities of each member.

Records

(3) The operator of the aerodrome must keep records of the activities of the security committee or other working group or forum and make the records available to the Minister on reasonable notice given by the Minister.

[196 to 210 reserved]

Corrective Actions

Corrective actions

211. Subject to section 212, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that

  1. (a) is identified to the operator by the Minister; or
  2. (b) is identified by the operator.

Corrective action plan

212. (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.

Plan requirements

(2) A corrective action plan must set out

  1. (a) the nature of the security risk to be addressed;
  2. (b) a rationale for the phased approach; and
  3. (c) a timetable setting out when each phase of the corrective action plan will be completed.

Disclosure of Information

Prohibition

213. 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 10

RESERVED

[214 to 223 reserved]

DIVISION 11

PRIMARY SECURITY LINE PARTNERS

Overview

Division overview

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

Requirements

Requirements

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

  1. (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the partner’s employee groups that require access to restricted areas at the aerodrome in the course of their employment;
  2. (b) communicate the information referred to in paragraph (a) to the employees in those groups and document how that information is communicated;
  3. (c) establish, implement and document a security awareness program that promotes a culture of security vigilance and awareness among its employees if the security awareness program of the operator of the aerodrome does not cover matters that are unique to the partner’s operations;
  4. (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;
  5. (e) create a document that
    1. (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    2. (ii) indicates the location of each restricted area access point in those areas, and
    3. (iii) describes those restricted area access points; and
  6. (f) document how the partner receives, retains, discloses and disposes of sensitive information respecting aerodrome security to protect that information from unauthorized disclosure.

[226 to 230 reserved]

Provision of Information

Provision to operator of aerodrome

231. (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 section 225 on reasonable notice given by the operator.

Provision to Minister

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

[232 and 233 reserved]

Corrective Actions

Corrective actions

234. Subject to section 235, a primary security line partner must immediately take corrective actions to address an aerodrome-related security risk that is identified to the partner by the Minister or the operator of an aerodrome where the partner carries out operations.

Corrective action plan

235. (1) If a corrective action involves a phased approach, a primary security line partner must provide the operator of the aerodrome with a corrective action plan.

Plan requirements

(2) A corrective action plan must set out

  1. (a) the nature of the security risk to be addressed;
  2. (b) a rationale for the phased approach; and
  3. (c) a timetable setting out when each phase of the corrective action plan will be completed.

DIVISION 12

RESERVED

[236 to 245 reserved]

PART 5

CLASS 2 AERODROMES

OVERVIEW

Part overview

246. This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 2.

APPLICATION

Application

247. This Part applies in respect of aerodromes listed in Schedule 2.

DIVISION 1

PROHIBITED ITEMS

Overview

Division overview

248. 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

Authorization

249. 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

  1. (a) the explosive substance or incendiary device is to be used at the aerodrome
    1. (i) for excavation, demolition or construction work,
    2. (ii) in fireworks displays,
    3. (iii) by persons operating explosives detection equipment or handling explosives detection dogs,
    4. (iv) by a police service, or
    5. (v) by military personnel; and
  2. (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.

[250 and 251 reserved]

DIVISION 2

THREATS AND INCIDENTS

Overview

Division overview

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

Threat Response

Area under operator’s control

253. 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 specific threat that jeopardizes the security of the facility or that part of the aerodrome.

Area under control of other person

254. 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

  1. (a) notify the person of the nature of the threat; and
  2. (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

Specific threats

255. The operator of an aerodrome who determines that there is a specific 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.

Duties of other person

256. 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

  1. (a) immediately notify the operator of the aerodrome of the nature of the threat; and
  2. (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Threats identified by other person

257. If it is determined under paragraph 15(b), 254(b) or 256(b) that there is a specific 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

Security incidents

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

  1. (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);
  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;
  3. (c) a specific threat against the aerodrome; and
  4. (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Commercial air service information

259. 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 3

RESERVED

[260 to 265 reserved]

DIVISION 4

PERSONNEL AND TRAINING

Overview

Division overview

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

[267 and 268 reserved]

Security Official — Aerodrome

Interpretation

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

  1. (a) coordinating and overseeing security controls and procedures at the aerodrome; and
  2. (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.

Requirement

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

Contact information

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

  1. (a) the name of each security official and acting security official; and
  2. (b) 24-hour contact information for those officials.

[271 to 275 reserved]

DIVISION 5

RESERVED

[276 to 282 reserved]

DIVISION 6

ACCESS CONTROLS

Overview

Division overview

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

Signs

Sign requirements

284. (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

  1. (a) be in at least both official languages;
  2. (b) identify the restricted area as a restricted area; and
  3. (c) state that access to the area is restricted to authorized persons.

Signs on security barriers

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

Restricted Area Access Points

[285 and 286 reserved]

Prohibition

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

[288 reserved]

Doors, Gates, Emergency Exits and Other Devices

Duty to close and lock — operators

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

  1. (a) the operator has control of and responsibility for the door, gate or other device; and
  2. (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

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

  1. (a) the operator has control of and responsibility for the emergency exit; and
  2. (b) the emergency exit allows access between a restricted area and a non-restricted area.

Duty to close and lock — partners and lessees

290. (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

  1. (a) the partner or lessee has control of and responsibility for the door, gate or other device; and
  2. (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

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

  1. (a) the partner has control of and responsibility for the emergency exit; and
  2. (b) the emergency exit allows access between a restricted area and a non-restricted area.

Temporary use or control

291. 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.

Uncontrolled restricted area access point

292. 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

  1. (a) lock the door, gate or other device that allows access to or from the restricted area; and
  2. (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Preventing locking

293. 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.

Emergency exits

294. 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

  1. (a) the person is authorized by the operator of the aerodrome to open it; or
  2. (b) there is an emergency.

Unauthorized Access

Prohibition

295. (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.

Exception — operator

(2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if

  1. (a) the part of the aerodrome is not a restricted area; and
  2. (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Exception — lessee

(3) 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 may allow a person to enter or remain in that part of the aerodrome if

  1. (a) the part of the aerodrome is not a restricted area; and
  2. (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

[296 reserved]

DIVISION 7

RESERVED

[297 and 298 reserved]

DIVISION 8

ENHANCED ACCESS CONTROLS

Overview

Division overview

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

Identity Verification System

Disclosure of information

300. (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.

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

Required information

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

  1. (a) the full name of the person to whom the card is issued;
  2. (b) the person’s height;
  3. (c) a photograph depicting a frontal view of the person’s face;
  4. (d) the expiry date of the card;
  5. (e) the name of the aerodrome where the card is issued;
  6. (f) the name of the person’s employer, if the person has a single employer;
  7. (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer;
  8. (h) the person’s occupation, if the person has a single occupation; and
  9. (i) the terms “multi-occupation” and “emplois multiples”, if the person has more than one occupation.

Expiration date

(2) A restricted area identity card 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.

Expiration date — multi-aerodrome card

(3) Despite subsection (2), a restricted area identity card that is issued to a person who requires access to restricted areas at more than one aerodrome, but who is not a crew member, expires no later than one year after the day on which it is issued or on the day on which the person’s security clearance expires, whichever is earlier.

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

Issuance criteria

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

  1. (a) applies in writing;
  2. (b) is sponsored in writing by their employer;
  3. (c) has a security clearance;
  4. (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and
  5. (e) confirms that the information displayed on the card is correct.

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.

False information

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

Sponsorship

304. An employer must not

  1. (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or
  2. (b) knowingly sponsor an employee for more than one restricted area identity card at a time.

Issuance of multiple cards

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

Replacement of cards

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

  1. (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and
  2. (b) the person still has a security clearance.

Requirement to inform

307. 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.

Collection of information

308. (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:

  1. (a) the applicant’s full name;
  2. (b) the applicant’s height;
  3. (c) a photograph depicting a frontal view of the applicant’s face;
  4. (d) the applicant’s fingerprint images and iris images;
  5. (e) the name of the applicant’s employer; and
  6. (f) the applicant’s occupation.

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.

Quality control

309. 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.

Protection of information

310. 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

Deactivation request

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

  1. (a) the card expires;
  2. (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
  3. (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.

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).

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.

Change in employment

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

  1. (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
  2. (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.

Duty of employer

313. 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.

Retrieval of cards

314. (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.

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.

Keys, Combination Codes and Personal Identification Codes

Issuance or assignment

315. 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

  1. (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or
  2. (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.

Addition of key

316. 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.

Protection of information

317. 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.

Cancellation, withdrawal or retrieval

318. 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

  1. (a) the person’s restricted area identity card has been deactivated; or
  2. (b) the person no longer requires ongoing access to the restricted area in the course of their employment.

Records

General requirement

319. (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

  1. (a) restricted area identity cards and keys that have been issued;
  2. (b) the names of the persons to whom restricted area identity cards or keys have been issued;
  3. (c) the names of the persons to whom combination codes or personal identification codes have been assigned;
  4. (d) blank restricted area identity cards in the operator’s possession;
  5. (e) restricted area identity cards that have been deactivated;
  6. (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;
  7. (g) deactivated restricted area identity cards that have not been retrieved by the operator;
  8. (h) restricted area identity cards that have been reported as lost or stolen;(i) steps taken to retrieve deactivated restricted area identity cards; and
  9. (j) compliance with section 307.

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.

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.

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

Use of identity verification system

320. 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

Unauthorized access prohibition

321. A person must not enter or remain in a restricted area at an aerodrome unless the person

  1. (a) is a person to whom a restricted area identity card has been issued; or
  2. (b) 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.

Restricted area identity cards — conditions of use

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

  1. (a) they are acting in the course of their employment;
  2. (b) the card is in their possession;
  3. (c) the card is active; and
  4. (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.

Exception

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

Display of restricted area identity cards

323. 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.

Oversight

324. 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

  1. (a) an active restricted area identity card that has been issued to the person; or
  2. (b) 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.

Business Continuity Plans

Business continuity plans

325. (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.

Implementation

(2) The operator of the aerodrome must immediately implement its business continuity plan and 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.

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.

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.

Database backup

326. 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

General prohibitions

327. (1) A person must not

  1. (a) lend or give a restricted area identity card or a key that has been issued to them to another person;
  2. (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;
  3. (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;
  4. (d) use a restricted area identity card or a key that has been issued to another person;
  5. (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;
  6. (f) use a counterfeit restricted area identity card or a counterfeit key; or
  7. (g) make a copy of a restricted area identity card or a key.

Disclosure or use of codes

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

  1. (a) disclose a combination code or personal identification code; or
  2. (b) use another person’s combination code or personal identification code.

Report of loss or theft

328. (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.

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.

Report of non-functioning card

329. 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.

Notification of CATSA

330. The operator of an aerodrome who has issued a restricted area identity card must notify CATSA if the card is reported as lost or stolen.

Presentation and Surrender of Restricted
Area Identity Cards

Presentation on demand

331. (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.

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.

Surrender on demand

332. (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.

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

  1. (a) the card has expired or has been reported as lost or stolen;
  2. (b) the card has been deactivated; or
  3. (c) the surrender of the card is required to ensure aviation security.

Demand by screening officer

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

  1. (a) the card has expired or has been reported as lost or stolen;
  2. (b) the card has been deactivated; or
  3. (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.

Demand by peace officer

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

  1. (a) the card has expired or has been reported as lost or stolen; or
  2. (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.

Return of cards

333. 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.

Notification of Minister

334. 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

General requirement

335. (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

  1. (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or
  2. (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.

Exceptions

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

  1. (a) passengers who have been screened; and
  2. (b) inspectors.

Escort ratio

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

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.

Requirement to remain together

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

Idem

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

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.

Screening requirement

338. 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.

Exception — conveyances

339. (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.

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.

Escort conveyances

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

  1. (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;
  2. (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and
  3. (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Inspectors

Exemption

341. 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.

Inspector’s credentials

342. 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.

Escort privileges

343. 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

  1. (a) is acting in the course of their employment;
  2. (b) does not escort more than 10 persons at one time;
  3. (c) remains with the person while the person is in the restricted area;
  4. (d) ensures that the person remains with the inspector while the person is in the restricted area; and
  5. (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.

Conveyance escort privileges

344. (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

  1. (a) is acting in the course of their employment;
  2. (b) does not escort more than 10 persons at one time; and
  3. (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

Additional conditions

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

  1. (a) remain with the person; and
  2. (b) ensure that the person remains with the inspector.

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.

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 9

AIRPORT SECURITY PROGRAMS

Overview

Division overview

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

Interpretation

Processes and procedures

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

Airport Security Program Requirements

Requirement to establish and implement

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

Program requirements

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

  1. (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
  2. (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
  3. (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  4. (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;
  5. (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
  6. (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    1. (i) persons who are employed at the aerodrome,
    2. (ii) crew members who are based at the aerodrome, and
    3. (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
  7. (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  8. (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
  9. (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  10. (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:
    1. (i) persons who are employed at the aerodrome, and
    2. (ii) persons who require access to the aerodrome in the course of their employment;
  11. (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
  12. (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

Documentation

348. (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.

Ministerial access

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

Requirement to amend

349. The operator of an aerodrome must amend its airport security program if

  1. (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
  2. (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.

Security Committee

Security committee

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

  1. (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;
  2. (b) helps coordinate the implementation of the controls and processes that are required 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
  3. (c) promotes the sharing of information respecting the airport security program.

Terms of reference

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

  1. (a) identify its membership; and
  2. (b) define the roles and responsibilities of each member.

Records

(3) The operator of the aerodrome must keep records of the activities of the security committee or other working group or forum and make the records available to the Minister on reasonable notice given by the Minister.

[351 to 371 reserved]

Corrective Actions

Corrective actions

372. Subject to section 373, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that

  1. (a) is identified to the operator by the Minister; or
  2. (b) is identified by the operator.

Corrective action plan

373. (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.

Plan requirements

(2) A corrective action plan must set out

  1. (a) the nature of the security risk to be addressed;
  2. (b) a rationale for the phased approach; and
  3. (c) a timetable setting out when each phase of the corrective action plan will be completed.

Primary Security Line Partners

Provision of information to operators of aerodromes

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

  1. (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
  2. (b) a document that
    1. (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    2. (ii) indicates the location of each restricted area access point in those areas, and
    3. (iii) describes those restricted area access points.

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

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 10

RESERVED

[381 to 390 reserved]

DIVISION 11

RESERVED

[391 to 400 reserved]

PART 6

CLASS 3 AERODROMES

OVERVIEW

Part overview

401. This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 3.

APPLICATION

Application

402. This Part applies in respect of aerodromes listed in Schedule 3.

DIVISION 1

PROHIBITED ITEMS

Overview

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

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

  1. (a) the explosive substance or incendiary device is to be used at the aerodrome
    1. (i) for excavation, demolition or construction work,
    2. (ii) in fireworks displays,
    3. (iii) by persons operating explosives detection equipment or handling explosives detection dogs,
    4. (iv) by a police service, or
    5. (v) by military personnel; and
  2. (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.

[405 and 406 reserved]

DIVISION 2

THREATS AND INCIDENTS

Overview

Division overview

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

Threat Response

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 specific threat that jeopardizes the security of the facility or that part of the aerodrome.

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

  1. (a) notify the person of the nature of the threat; and
  2. (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

Specific threats

410. The operator of an aerodrome who determines that there is a specific 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.

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

  1. (a) immediately notify the operator of the aerodrome of the nature of the threat; and
  2. (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Threats identified by other person

412. If it is determined under paragraph 15(b), 409(b) or 411(b) that there is a specific 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

Security incidents

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

  1. (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);
  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;
  3. (c) a specific threat against the aerodrome; and
  4. (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

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 3

RESERVED

[415 to 420 reserved]

DIVISION 4

PERSONNEL AND TRAINING

Overview

Division overview

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

[422 and 423 reserved]

Security Official — Aerodrome

Interpretation

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

  1. (a) coordinating and overseeing security controls and procedures at the aerodrome; and
  2. (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.

Requirement

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

Contact information

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

  1. (a) the name of each security official and acting security official; and
  2. (b) 24-hour contact information for those officials.

[426 to 430 reserved]

DIVISION 5

RESERVED

[431 to 436 reserved]

DIVISION 6

ACCESS CONTROLS

Overview

Division overview

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

[438 reserved]

Restricted Area Access Points

[439 and 440 reserved]

Prohibition

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

[442 reserved]

Doors, Gates, Emergency Exits and Other Devices

Duty to close and lock — operators

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

  1. (a) the operator has control of and responsibility for the door, gate or other device; and
  2. (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

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

  1. (a) the operator has control of and responsibility for the emergency exit; and
  2. (b) the emergency exit allows access between a restricted area and a non-restricted area.

Duty to close and lock — partners and lessees

444. (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

  1. (a) the partner or lessee has control of and responsibility for the door, gate or other device; and
  2. (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

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

  1. (a) the partner has control of and responsibility for the emergency exit; and
  2. (b) the emergency exit allows access between a restricted area and a non-restricted area.

Temporary use or control

445. 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.

Uncontrolled restricted area access point

446. 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

  1. (a) lock the door, gate or other device that allows access to or from the restricted area; and
  2. (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Preventing locking

447. 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.

Emergency exits

448. 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

  1. (a) the person is authorized by the operator of the aerodrome to open it; or
  2. (b) there is an emergency.

Unauthorized Access

Prohibition

449. (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.

Exception — operator

(2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if

  1. (a) that part of the aerodrome is not a restricted area; and
  2. (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Exception — lessee

(3) 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 may allow a person to enter or remain in that part of the aerodrome if

  1. (a) the part of the aerodrome is not a restricted area; and
  2. (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

[450 reserved]

DIVISION 7

RESERVED

[451 and 452 reserved]

DIVISION 8

AIRPORT SECURITY PROGRAMS

Overview

Division overview

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

Interpretation

Processes and procedures

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

Airport Security Program Requirements

Requirement to establish and implement

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

Program requirements

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

  1. (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
  2. (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
  3. (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  4. (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;
  5. (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
  6. (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    1. (i) persons who are employed at the aerodrome,
    2. (ii) crew members who are based at the aerodrome, and
    3. (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
  7. (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  8. (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
  9. (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  10. (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:
    1. (i) persons who are employed at the aerodrome, and
    2. (ii) persons who require access to the aerodrome in the course of their employment;
  11. (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
  12. (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

Documentation

456. (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.

Ministerial access

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

Requirement to amend

457. The operator of an aerodrome must amend its airport security program if

  1. (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
  2. (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.

Security Committee

Security committee

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

  1. (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;
  2. (b) helps coordinate the implementation of the controls and processes that are required at the aerodrome to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and
  3. (c) promotes the sharing of information respecting the airport security program.

Terms of reference

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

  1. (a) identify its membership; and
  2. (b) define the roles and responsibilities of each member.

Records

(3) The operator of the aerodrome must keep records of the activities of the security committee or other working group or forum and make the records available to the Minister on reasonable notice given by the Minister.

[459 to 478 reserved]

Corrective Actions

Corrective actions

479. Subject to section 480, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that

  1. (a) is identified to the operator by the Minister; or
  2. (b) is identified by the operator.

Corrective action plan

480. (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.

Plan requirements

(2) A corrective action plan must set out

  1. (a) the nature of the security risk to be addressed;
  2. (b) a rationale for the phased approach; and
  3. (c) a timetable setting out when each phase of the corrective action plan will be completed.

Primary Security Line Partners

Provision of information to operators of aerodromes

481. (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

  1. (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
  2. (b) a document that
    1. (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    2. (ii) indicates the location of each restricted area access point in those areas, and
    3. (iii) describes those restricted area access points.

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.

[482 and 483 reserved]

Disclosure of Information

Prohibition

484. 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 9

RESERVED

[485 to 494 reserved]

DIVISION 10

RESERVED

[495 to 504 reserved]

PART 7

OTHER AERODROMES

OVERVIEW

Part overview

505. This Part sets out the basic regulatory framework for security at aerodromes not listed in Schedule 1, 2 or 3.

DIVISION 1

AUTHORIZATION FOR CARRIAGE OF OR ACCESS TO EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

Application

506. This Division applies in respect of aerodromes not listed in Schedule 1, 2 or 3.

Authorization

507. 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

  1. (a) the explosive substance or incendiary device is to be used at the aerodrome
    1. (i) for excavation, demolition or construction work,
    2. (ii) in fireworks displays,
    3. (iii) by persons operating explosives detection equipment or handling explosives detection dogs,
    4. (iv) by a police service, or
    5. (v) by military personnel; and
  2. (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 2

THREATS AND INCIDENTS

Application

Application

508. This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and are aerodromes where air carriers are served.

Threat Response

Area under operator’s control

509. 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 specific threat that jeopardizes the security of the facility or that part of the aerodrome.

Area under control of other person

510. 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

  1. (a) notify the person of the nature of the threat; and
  2. (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

Specific threats

511. The operator of an aerodrome who determines that there is a specific 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.

Duties of other person

512. 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

  1. (a) immediately notify the operator of the aerodrome of the nature of the threat; and
  2. (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Threats identified by other person

513. If it is determined under paragraph 15(b), 510(b) or 512(b) that there is a specific 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

Security incidents

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

  1. (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);
  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;
  3. (c) a specific threat against the aerodrome; and
  4. (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Commercial air service information

515. 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.

[516 to 524 reserved]

PART 8

AIRCRAFT SECURITY

OVERVIEW

Part overview

525. This Part sets out requirements for air carriers, other operators of aircraft and persons on board aircraft.

WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

Weapons

526. (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 or 533.

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.

Transport of loaded firearms

527. (1) An air carrier must not knowingly allow a person to transport a loaded firearm on board an aircraft.

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.

Transport of unloaded firearms

528. 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.

Storage of unloaded firearms

529. 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.

Prohibition — alcoholic beverages

530. An air carrier must not provide a person who carries or has access to a firearm on board an aircraft with any alcoholic beverage.

Authorizations for peace officers

531. An air carrier may authorize a peace officer to carry or have access to an unloaded firearm on board an aircraft if

  1. (a) the peace officer, while in the performance of the officer’s duties, requires access to the firearm immediately before, during or immediately after the flight;
  2. (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;
  3. (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;
  4. (d) the peace officer completes the form used by the air carrier to authorize the carriage of a firearm on board an aircraft; and
  5. (e) the air carrier verifies the identification referred to in paragraph (c)
    1. (i) before the peace officer enters a restricted area from which the officer may board the aircraft, or
    2. (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.

Requirement to inform

532. (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,

  1. (a) inform the pilot-in-command of the aircraft by means of the form referred to in paragraph 531(d); and
  2. (b) subject to subsection (2), inform the screening authority, the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft.

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.

Unloaded firearm authorizations — air carriers

533. (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:

  1. (a) the pilot-in-command of the aircraft; and
  2. (b) an employee of a federal or provincial department or agency who is engaged in wildlife control.

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.

PERSONS IN THE CUSTODY OF AN ESCORT OFFICER

Definition of “organization responsible for the person in custody”

534. (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.

Air carrier conditions

(2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless

  1. (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;
  2. (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
    1. (i) two escort officers to escort each person who is a maximum risk,
    2. (ii) one escort officer to escort each person who is a medium risk, and
    3. (iii) one escort officer to escort not more than two persons who are a minimum risk;
  3. (c) the person in custody is escorted by the agreed number of escort officers;
  4. (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
    1. (i) the identity of each escort officer and the person in custody and the reasons why the person requires an escort,
    2. (ii) the level of risk that the person in custody represents to the safety of the public, and
    3. (iii) the flight on which the person in custody will be transported;
  5. (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;
  6. (f) an escort officer completes the form used by the air carrier to authorize the transportation of a person in custody; and
  7. (g) the air carrier verifies the identification referred to in paragraph (e)
    1. (i) before the escort officer enters a restricted area from which the escort officer may board the aircraft, or
    2. (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.

Escort officer conditions

(3) An escort officer must not escort a person in custody on board an aircraft unless the escort officer

  1. (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
  2. (b) shows a representative of the air carrier the identification referred to in paragraph (2)(e).

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.

Peace officer duties

535. (1) An escort officer who is a peace officer and who escorts a person in custody during a flight must

  1. (a) remain with the person at all times;
  2. (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;
  3. (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
  4. (d) carry restraining devices that can be used to restrain the person, if necessary.

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.

Escort officer duties

(3) An escort officer who is not a peace officer and who escorts a person in custody during a flight must

  1. (a) remain with the person at all times;
  2. (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
    1. (i) before the escort officer and the person enter a restricted area from which they may board the aircraft, or
    2. (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;
  3. (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
  4. (d) carry restraining devices that can be used to restrain the person, if necessary.

Consumption of alcoholic beverages

536. A person in custody and the escort officer who is escorting the person must not consume any alcoholic beverage on board an aircraft.

Prohibition — alcoholic beverages

537. 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.

Seating of persons in custody

538. 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

Threat to aircraft — air carriers

539. (1) An air carrier that is made aware of a threat against an aircraft or a flight must immediately determine whether there is a specific threat that jeopardizes the security of the aircraft or flight.

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.

Specific threat to aircraft — air carriers

540. (1) An air carrier that determines that there is a specific 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

  1. (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;
  2. (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
  3. (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.

Specific 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

  1. (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;
  2. (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
  3. (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.

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.

Threat to facility or aerodrome — air carriers

541. (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 specific threat that jeopardizes the security of the facility or that part of the aerodrome.

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.

Specific threat to facility or aerodrome — air carriers

542. (1) An air carrier that determines that there is a specific 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.

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

Notification of Minister

543. (1) An air carrier must immediately notify the Minister when any of the following incidents occur:

  1. (a) the hijacking or attempted hijacking of an aircraft;
  2. (b) the discovery, on board an aircraft, of a weapon, other than an unloaded firearm that the air carrier authorized under section 531 or subsection 533(1);
  3. (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);
  4. (d) an explosion on an aircraft, unless the explosion is known to be the result of an accident;
  5. (e) a specific threat against an aircraft, flight, or part of an aerodrome or other aviation facility, that is under the air carrier’s control; and
  6. (f) an aviation security incident that involves a peace officer in any part of an aerodrome that is under the air carrier’s control.

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

Provision to Minister

544. 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

  1. (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the air carrier; and
  2. (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

Duty of service providers

545. 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

  1. (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to that person; and
  2. (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 9

RESERVED

[617 to 626 reserved]

PART 10

RESERVED

[627 to 667 reserved]

PART 11

RESERVED

[668 to 738 reserved]

PART 12

RESERVED

[739 to 764 reserved]

PART 13

MINISTERIAL POWERS AND DUTIES

OVERVIEW

Part overview

765. This Part sets out ministerial powers and duties that are not set out in any other part.

IDENTITY VERIFICATION SYSTEM

Disclosure of information

766. 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.

Deactivation request

767. (1) The Minister must ask CATSA to deactivate a restricted area identity card if

  1. (a) the Minister is notified under section 156 or 312; or
  2. (b) the security clearance of the person to whom the card has been issued is suspended or cancelled.

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 796 reserved]

PART 14

DESIGNATED PROVISIONS

OVERVIEW

Part overview

797. (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.

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

Designated provisions

798. (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.

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.

Designation of security measure provisions

799. (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.

Maximum amounts

(2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

  1. (a) $5,000, in the case of an individual; and
  2. (b) $25,000, in the case of a corporation.

NOTICE OF CONTRAVENTION

Notice requirements

800. A notice referred to in subsection 7.7(1) of the Act must be in writing and indicate the information prescribed by section 4 of the Designated Provisions Regulations.

PART 15

CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS,
REPEAL AND COMING INTO FORCE

CONSEQUENTIAL AMENDMENTS TO THE DESIGNATED
PROVISIONS REGULATIONS

Repeal — Section 3

801. Section 3 of the Designated Provisions Regulations (see footnote 1) is repealed.

Repeal — Schedule 2

802. Schedule 2 to the Regulations is repealed.

TRANSITIONAL PROVISIONS

Operators of class 1 aerodromes

803. (1) The following provisions do not apply to the operator of an aerodrome until the day that is six months after the day on which these Regulations come into force:

  1. (a) section 112;
  2. (b) section 191; and
  3. (c) sections 193 and 194.

Primary security line partners at class 1 aerodromes

(2) The following provisions do not apply to a primary security line partner at an aerodrome until the day that is six months after the day on which these Regulations come into force:

  1. (a) section 114;
  2. (b) section 225;
  3. (c) section 231; and
  4. (d) sections 234 and 235.

Operators of class 2 aerodromes

804. (1) The following provisions do not apply to the operator of an aerodrome until the day that is 14 months after the day on which these Regulations come into force:

  1. (a) section 270;
  2. (b) section 347; and
  3. (c) sections 348 and 349.

Primary security line partners at class 2 aerodromes

(2) Section 374 does not apply to a primary security line partner at an aerodrome until the day that is 14 months after the day on which these Regulations come into force.

Operators of class 3 aerodromes

805. (1) The following provisions do not apply to the operator of an aerodrome until the day that is 17 months after the day on which these Regulations come into force:

  1. (a) section 425;
  2. (b) section 455; and
  3. (c) sections 456 and 457.

Primary security line partners at class 3 aerodromes

(2) Section 481 does not apply to a primary security line partner at an aerodrome until the day that is 17 months after the day on which these Regulations come into force.

REPEAL

806. The Canadian Aviation Security Regulations (see footnote 2) are repealed.

COMING INTO FORCE

Coming into force

807. These Regulations come into force on January 1, 2012, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1
(Paragraph 2(d) and sections 3, 6, 82, 83, 505, 506, and 508)

CLASS 1 AERODROMES

Name

ICAO Location Indicator

Calgary International

CYYC

Edmonton International

CYEG

Halifax (Robert L. Stanfield International)

CYHZ

Montréal International (Mirabel)

CYMX

Montréal (Montréal — Pierre Elliott Trudeau International)

CYUL

Ottawa (Macdonald-Cartier International)

CYOW

Toronto (Lester B. Pearson International)

CYYZ

Vancouver International

CYVR

Winnipeg (James Armstrong Richardson International)

CYWG

SCHEDULE 2
(Paragraph 2(e) and sections 3, 246, 247, 505, 506 and 508)

CLASS 2 AERODROMES

Name

ICAO Location Indicator

Charlottetown

CYYG

Fredericton International

CYFC

Gander International

CYQX

Greater Moncton International

CYQM

Iqaluit

CYFB

Kelowna

CYLW

London

CYXU

Prince George

CYXS

Québec (Jean Lesage International)

CYQB

Regina International

CYQR

Saint John

CYSJ

St. John’s International

CYYT

Saskatoon (John D. Diefenbaker International)

CYXE

Sudbury

CYSB

Thunder Bay

CYQT

Toronto (Billy Bishop Toronto City)

CYTZ

Victoria International

CYYJ

Whitehorse (Erik Neilsen International)

CYXY

Windsor

CYQG

Yellowknife

CYZF

SCHEDULE 3
(Paragraph 2(f) and sections 401, 402, 505, 506 and 508)

CLASS 3 AERODROMES

Name

ICAO Location Indicator

Abbotsford International

CYXX

Alma

CYTF

Bagotville

CYBG

Baie-Comeau

CYBC

Bathurst

CZBF

Brandon Municipal

CYBR

Campbell River

CYBL

Castlegar (West Kootenay Regional)

CYCG

Charlo

CYCL

Chibougamau/Chapais

CYMT

Churchill Falls

CZUM

Comox

CYQQ

Cranbrook (Canadian Rockies International)

CYXC

Dawson Creek

CYDQ

Deer Lake

CYDF

Fort McMurray

CYMM

Fort St. John

CYXJ

Gaspé

CYGP

Goose Bay

CYYR

Grande Prairie

CYQU

Hamilton (John C. Munro International)

CYHM

Îles-de-la-Madeleine

CYGR

Kamloops

CYKA

Kingston

CYGK

Kitchener/Waterloo Regional

CYKF

Kuujjuaq

CYVP

Kuujjuarapik

CYGW

La Grande Rivière

CYGL

Lethbridge

CYQL

Lloydminster

CYLL

Lourdes-de-Blanc-Sablon

CYBX

Medicine Hat

CYXH

Mont-Joli

CYYY

Nanaimo

CYCD

North Bay

CYYB

Penticton

CYYF

Prince Albert (Glass Field)

CYPA

Prince Rupert

CYPR

Quesnel

CYQZ

Red Deer Regional

CYQF

Rivière-Rouge/Mont-Tremblant International

CYFJ

Roberval

CYRJ

Rouyn-Noranda

CYUY

St. Anthony

CYAY

Saint-Léonard

CYSL

Sandspit

CYZP

Sarnia (Chris Hadfield)

CYZR

Sault Ste. Marie

CYAM

Sept-Îles

CYZV

Smithers

CYYD

Stephenville

CYJT

Sydney (J. A. Douglas McCurdy)

CYQY

Terrace

CYXT

Thompson

CYTH

Timmins (Victor M. Power)

CYTS

Toronto/Buttonville Municipal

CYKZ

Val-d’Or

CYVO

Wabush

CYWK

Williams Lake

CYWL

Yarmouth

CYQI

SCHEDULE 4
(Sections 797 and 798)

DESIGNATED PROVISIONS

Column 1
Designated
Provision

Column 2 Maximum Amount
Payable ($)
Individual

Column 3 Maximum Amount
Payable ($)
Corporation

PART 1 — SCREENING

Subsection 5(1)

5,000

 

Subsection 5(2)

5,000

25,000

Paragraph 6(a)

3,000

10,000

Paragraph 6(b)

3,000

10,000

Subsection 10(1)

5,000

25,000

Subsection 10(2)

5,000

25,000

Section 14

5,000

 

Paragraph 15(a)

5,000

25,000

Paragraph 15(b)

5,000

25,000

Subsection 16(1)

3,000

10,000

Subsection 16(3)

3,000

10,000

Subsection 16(4)

3,000

10,000

Section 17

5,000

25,000

PART 2 — OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA

Subsection 56(1)

 

25,000

Subsection 56(2)

 

25,000

Section 57

 

25,000

Subsection 58(2)

 

25,000

Subsection 59(1)

 

25,000

Subsection 59(2)

 

25,000

Section 60

 

25,000

Section 61

 

25,000

Section 62

 

25,000

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 3 — WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

Section 77

5,000

25,000

PART 4 — CLASS 1 AERODROMES

DIVISION 2 — THREATS AND INCIDENTS

Section 89

 

25,000

Paragraph 90(a)

 

25,000

Paragraph 90(b)

 

25,000

Section 91

 

25,000

Paragraph 92(a)

5,000

25,000

Paragraph 92(b)

5,000

25,000

Section 93

 

25,000

Section 94

 

10,000

Section 95

 

10,000

DIVISION 4 — PERSONNEL AND TRAINING

Subsection 112(1)

 

25,000

Subsection 112(2)

 

25,000

Subsection 114(1)

5,000

25,000

Subsection 114(2)

5,000

25,000

DIVISION 6 — ACCESS CONTROLS

Section 128

 

25,000

Section 131

5,000

 

Subsection 133(1)

 

25,000

Subsection 133(2)

 

25,000

Subsection 134(1)

5,000

25,000

Subsection 134(2)

5,000

25,000

Section 135

5,000

25,000

Section 136

5,000

 

Section 137

5,000

25,000

Section 138

5,000

25,000

Subsection 139(1)

5,000

 

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 147

5,000

25,000

Paragraph 148(a)

5,000

25,000

Paragraph 148(b)

5,000

25,000

Section 149

 

25,000

Section 150

 

25,000

Section 151

 

25,000

Subsection 152(1)

 

25,000

Subsection 152(2)

 

25,000

Section 153

 

25,000

Section 154

 

25,000

Subsection 155(1)

 

25,000

Subsection 155(2)

 

25,000

Subsection 155(3)

 

25,000

Section 156

 

25,000

Section 157

5,000

25,000

Subsection 158(1)

 

25,000

Subsection 158(2)

5,000

25,000

Section 159

 

25,000

Section 161

 

25,000

Section 162

 

25,000

Subsection 163(1)

 

25,000

Subsection 163(2)

 

25,000

Subsection 163(3)

 

25,000

Subsection 163(4)

 

25,000

Section 164

 

25,000

Section 165

5,000

 

Subsection 166(1)

5,000

 

Section 167

5,000

 

Section 168

 

25,000

Subsection 169(1)

 

25,000

Subsection 169(2)

 

25,000

Subsection 169(3)

 

25,000

Subsection 169(4)

 

25,000

Section 170

 

25,000

Paragraph 171(1)(a)

5,000

 

Paragraph 171(1)(b)

5,000

 

Paragraph 171(1)(c)

5,000

25,000

Paragraph 171(1)(d)

5,000

 

Paragraph 171(1)(e)

5,000

 

Paragraph 171(1)(f)

5,000

 

Paragraph 171(1)(g)

5,000

25,000

Paragraph 171(2)(a)

5,000

25,000

Paragraph 171(2)(b)

5,000

 

Subsection 172(1)

5,000

 

Subsection 172(2)

5,000

25,000

Section 173

5,000

25,000

Section 174

 

25,000

Subsection 175(1)

5,000

 

Subsection 175(2)

5,000

 

Subsection 176(1)

5,000

25,000

Section 177

5,000

 

Section 178

 

25,000

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)

5,000

25,000

Section 182

 

25,000

Subsection 183(2)

 

25,000

Section 184

 

25,000

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

Subsection 193(1)

 

25,000

Subsection 193(2)

 

25,000

Paragraph 194(a)

 

25,000

Paragraph 194(b)

 

25,000

Subsection 195(1)

 

10,000

Subsection 195(2)

 

10,000

Subsection 195(3)

 

10,000

Section 211

 

25,000

Subsection 212(1)

 

25,000

Section 213

5,000

25,000

DIVISION 11 — PRIMARY SECURITY LINE PARTNERS

Paragraph 225(a)

5,000

25,000

Paragraph 225(b)

5,000

25,000

Paragraph 225(c)

5,000

25,000

Paragraph 225(d)

5,000

25,000

Paragraph 225(e)

5,000

25,000

Paragraph 225(f)

5,000

25,000

Subsection 231(1)

5,000

25,000

Subsection 231(2)

5,000

25,000

Section 234

5,000

25,000

Subsection 235(1)

5,000

25,000

PART 5 — CLASS 2 AERODROMES

DIVISION 2 — THREATS AND INCIDENTS

Section 253

 

25,000

Paragraph 254(a)

 

25,000

Paragraph 254(b)

 

25,000

Section 255

 

25,000

Paragraph 256(a)

5,000

25,000

Paragraph 256(b)

5,000

25,000

Section 257

 

25,000

Section 258

 

10,000

Section 259

 

10,000

DIVISION 4 — PERSONNEL AND TRAINING

Subsection 270(1)

 

25,000

Subsection 270(2)

 

25,000

DIVISION 6 — ACCESS CONTROLS

Section 284

 

25,000

Section 287

5,000

 

Subsection 289(1)

 

25,000

Subsection 289(2)

 

25,000

Subsection 290(1)

 

25,000

Subsection 290(2)

 

25,000

Section 291

5,000

25,000

Section 292

5,000

 

Section 293

5,000

25,000

Section 294

5,000

25,000

Subsection 295(1)

5,000

 

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 303

5,000

25,000

Paragraph 304(a)

5,000

25,000

Paragraph 304(b)

5,000

25,000

Section 305

 

25,000

Section 306

 

25,000

Section 307

 

25,000

Subsection 308(1)

 

25,000

Subsection 308(2)

 

25,000

Section 309

 

25,000

Section 310

 

25,000

Subsection 311(1)

 

25,000

Subsection 311(2)

 

25,000

Subsection 311(3)

 

25,000

Section 312

 

25,000

Section 313

5,000

25,000

Subsection 314(1)

 

25,000

Subsection 314(2)

5,000

25,000

Section 315

 

25,000

Section 317

 

25,000

Section 318

 

25,000

Subsection 319(1)

 

25,000

Subsection 319(2)

 

25,000

Subsection 319(3)

 

25,000

Subsection 319(4)

 

25,000

Section 320

 

25,000

Section 321

5,000

 

Subsection 322(1)

5,000

 

Section 323

5,000

 

Section 324

 

25,000

Subsection 325(1)

 

25,000

Subsection 325(2)

 

25,000

Subsection 325(3)

 

25,000

Subsection 325(4)

 

25,000

Section 326

 

25,000

Paragraph 327(1)(a)

5,000

 

Paragraph 327(1)(b)

5,000

 

Paragraph 327(1)(c)

5,000

25,000

Paragraph 327(1)(d)

5,000

 

Paragraph 327(1)(e)

5,000

 

Paragraph 327(1)(f)

5,000

 

Paragraph 327(1)(g)

5,000

25,000

Paragraph 327(2)(a)

5,000

25,000

Paragraph 327(2)(b)

5,000

 

Subsection 328(1)

5,000

 

Subsection 328(2)

5,000

25,000

Section 329

5,000

25,000

Section 330

 

25,000

Subsection 331(1)

5,000

 

Subsection 331(2)

5,000

 

Subsection 332(1)

5,000

25,000

Section 333

5,000

 

Section 334

 

25,000

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)

5,000

25,000

Section 338

 

25,000

Subsection 339(2)

 

25,000

Section 340

 

25,000

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

Subsection 348(1)

 

25,000

Subsection 348(2)

 

25,000

Paragraph 349(a)

 

25,000

Paragraph 349(b)

 

25,000

Subsection 350(1)

 

10,000

Subsection 350(2)

 

10,000

Subsection 350(3)

 

10,000

Section 372

 

25,000

Subsection 373(1)

 

25,000

Subsection 374(1)

5,000

25,000

Subsection 374(2)

5,000

25,000

Section 380

5,000

25,000

PART 6 — CLASS 3 AERODROMES

DIVISION 2 — THREATS AND INCIDENTS

Section 408

 

25,000

Paragraph 409(a)

 

25,000

Paragraph 409(b)

 

25,000

Section 410

 

25,000

Paragraph 411(a)

5,000

25,000

Paragraph 411(b)

5,000

25,000

Section 412

 

25,000

Section 413

 

10,000

Section 414

 

10,000

DIVISION 4 — PERSONNEL AND TRAINING

Subsection 425(1)

 

25,000

Subsection 425(2)

 

25,000

DIVISION 6 — ACCESS CONTROLS

Section 441

5,000

 

Subsection 443(1)

 

25,000

Subsection 443(2)

 

25,000

Subsection 444(1)

5,000

25,000

Subsection 444(2)

5,000

25,000

Section 445

5,000

25,000

Section 446

5,000

 

Section 447

5,000

25,000

Section 448

5,000

25,000

Subsection 449(1)

5,000

 

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

Subsection 456(1)

 

25,000

Subsection 456(2)

 

25,000

Paragraph 457(a)

 

25,000

Paragraph 457(b)

 

25,000

Subsection 458(1)

 

10,000

Subsection 458(2)

 

10,000

Subsection 458(3)

 

10,000

Section 479

 

25,000

Subsection 480(1)

 

25,000

Subsection 481(1)

5,000

25,000

Subsection 481(2)

5,000

25,000

Section 484

5,000

25,000

PART 7 — OTHER AERODROMES

DIVISION 2 — THREATS AND INCIDENTS

Section 509

5,000

25,000

Paragraph 510(a)

5,000

25,000

Paragraph 510(b)

5,000

25,000

Section 511

5,000

25,000

Paragraph 512(a)

5,000

25,000

Paragraph 512(b)

5,000

25,000

Section 513

5,000

25,000

Section 514

3,000

10,000

Section 515

3,000

10,000

PART 8 — AIRCRAFT SECURITY

Subsection 539(1)

5,000

25,000

Subsection 539(2)

5,000

25,000

Subsection 540(1)

5,000

25,000

Subsection 540(2)

5,000

25,000

Subsection 540(3)

5,000

 

Subsection 541(1)

5,000

25,000

Subsection 541(2)

5,000

25,000

Subsection 542(1)

5,000

25,000

Subsection 542(2)

5,000

25,000

Subsection 543(1)

3,000

10,000

Subsection 543(2)

3,000

10,000

Section 544

5,000

25,000

Section 545

5,000

25,000

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue

Canada’s aviation security regulatory instruments establish an essential framework for the federally regulated civil aviation industry and persons carrying out activities related to aviation, in order to prepare for, prevent and respond to security threats and risks. While Transport Canada’s current aviation security regulatory framework is robust, enhancements must be made over time in order to continuously improve and deliver a secure transportation system for Canadians in the face of rapidly evolving threats.

Expert third-party reports and independent audits have called on Canada to further harmonize its regulations with Annex 17 to the Convention on International Civil Aviation. Annex 17 calls on member states to set requirements for their aviation industry to establish, implement and maintain written security programs.

Industry feedback and these reports have also indicated a need to modernize and streamline aviation security regulations. The existing security regulations, the Canadian Aviation Security Regulations, need to be updated and reorganized into a more user-friendly structure that responds to industry “irritants” raised through consultations, including concerns regarding the structure of the Regulations, the clarity of certain requirements, and difficulties in meeting certain requirements.

Amendments to the Aeronautics Act pursuant to the Public Safety Act, 2002 require the disclosure into regulations those aviation security measures that fail to pass a confidentiality test, where that disclosure would not compromise aviation security. The current Canadian Aviation Security Regulations need to be restructured in order to accommodate future amendments, which include security measures that in the future will be disclosed and streamlined into public regulation.

The restructured Regulations will therefore promote efficiency and simplification by both providing a framework for future regulatory amendments, and effectively streamlining disclosed security measures whose disclosure would not compromise aviation security.

Objectives

This regulatory package enhances harmonization of Canada’s regulatory framework with international standards, and responds, as appropriate, to industry concerns, as well as recommendations from independent analysis.

The package is the result of an effort to revitalize and improve the existing regulatory framework in order to

  • Ensure continued compliance with international obligations and standards;
  • Promote Canada’s competitiveness and credibility internationally, and ensure support for international aviation security efforts;
  • Increase effective and efficient management of security responsibilities and accountabilities for the aviation industry;
  • Better apply industry and government security resources against identifiable risks;
  • Improve the focus of security activities on performance and results; and
  • Establish an enhanced foundation for industry accountability for a comprehensive, systematic and programs-based approach to managing and discharging their security responsibilities.

The objective of the Aviation Security Program portion of this regulatory initiative is to engage industry, beginning with airports (termed “aerodromes” in legislation), air carriers, the Canadian Air Transport Security Authority (CATSA), and other aviation service providers to be more involved and proactive in managing, coordinating, integrating and continuously improving security throughout their operations, which will enhance transportation security. Although adding some new requirements, this initiative has responded to industry concerns and has been adjusted to minimize compliance burden, while meeting international obligations. It is expected that aviation security programs will contribute to the outcomes of

Better informed policy makers, airport operators and other stakeholders: The Regulations will help industry move beyond passive compliance with regulations towards a more proactive and collaborative approach to security. The Regulations seek to achieve better-informed stakeholders by having security practices documented and by having operators more involved in proactively managing, coordinating and integrating security in their overall operations. This in turn is expected to lead to more effective, cost-efficient, and risk-based decision-making, a heightened awareness and focus on security, an improved understanding of roles and responsibilities, and an increased level of information sharing among all stakeholders.

Increased capacity and capability to address security threats and incidents: Transport Canada, airport operators and other key players will be better informed about the risks and vulnerabilities of a specific airport through a comprehensive, systemic and program-based approach to managing security, better enabling the aviation security system as a whole to detect, prevent, respond to and recover from security threats and incidents in a timely manner.

The other objectives of this package are to streamline, modernize and renew the aviation security regulatory framework, address some industry irritants, prepare the regulations to allow for the integration of previously confidential security measures after their disclosure to fulfill statutory requirements, and, in accordance with the Cabinet Directive on Streamlining Regulation, use a more performance-based approach where practicable.

Description

These new Canadian Aviation Security Regulations, 2012 repeal and replace the existing Canadian Aviation Security Regulations. The new Canadian Aviation Security Regulations, 2012 update and differ from the previous Canadian Aviation Security Regulations as follows:

Restructuring the Canadian Aviation Security Regulations

The regulatory package brings forth the Canadian Aviation Security Regulation, 2012 that are updated and reorganized in order to ease compliance burden with a user-friendly structure that groups together requirements as they apply to different classes of airports. This restructuring has been undertaken after consultation with both government and industry stakeholders to respond to their concerns that requirements are located throughout the regulations in a sometimes confusing fashion. The restructured Canadian Aviation Security Regulations, 2012 are easier for stakeholders to read and enable them to better understand their obligations. Restructuring also supports the introduction and streamlining of future aviation security requirements, and sustains future changes to the entire regulatory framework by avoiding a piecemeal approach in the future. The major structural changes are as follows:

  • Rather than being grouped by activity, provisions are grouped together by class of airport for ease of reference for regulated entities;
  • New parts have been added to regroup existing provisions regarding CATSA, ministerial powers and duties, and weapons, explosive substances or incendiary devices;
  • Several portions of the restructured Canadian Aviation Security Regulations, 2012 have been reserved or left blank to efficiently streamline future amendments that may be necessary to address new threats or to efficiently plan for upcoming parts to the Regulations; and
  • The designated provisions of the formerCanadian Aviation Security Regulations have been removed from the Designated Provisions Regulations and streamlined into the newly restructured Canadian Aviation Security Regulations, 2012 in order to further consolidate requirements, and facilitate enforcement and compliance efforts.

Restructuring supports a more effective enforcement regime, because, with obligations grouped together according to class of airport, oversight and enforcement expectations are clarified to ensure greater consistency.

Irritants

Several irritants identified by stakeholders as well as the Standing Joint Committee for the Scrutiny of Regulations are addressed.

  • Definitions of “personal identification code” and “combination code” were modified to reflect the reality that characters other than numbers and letters can be used.
  • Duplication between subsections 3(2) and (3) of the existing Regulations was eliminated. It was regarding the requirement for a screening authority to make sure a screening officer meets the requirements set out in subsection 3(1). This change is reflected in section 5 of the new Canadian Aviation Security Regulations, 2012.
  • Item 4 of the table to subsection 78(2) was added so a pilot-in-command of an aircraft that is operated by a person other than an air carrier may, at an aerodrome, carry, transport or have access to an unloaded firearm and ammunition if the pilot-in-command of the aircraft is authorized by the operator of the aircraft to carry or have access to an unloaded firearm and ammunition for survival purposes.
  • Requirements pertaining to escort and surveillance in limited areas that are defined for a specific purpose, such as construction or maintenance, in paragraphs 179(1)(b) and 335(1)(b) were clarified.
  • The prohibition against a pilot-in-command who has access to a firearm at an aerodrome or on board an aircraft from consuming any alcohol was eliminated as this is already prohibited under the Canadian Aviation Regulations, section 602.03.
  • Inspectors’ escort and conveyance escort privileges were added (sections 187, 188, 343 and 344) for clarity purposes.

Aviation Security Programs for airports

The implementation of Aviation Security Programs for airports is being done in two phases. The new, restructured Canadian Aviation Security Regulations, 2012 require all 89 designated airports (i.e. those airports designated for CATSA screening) to develop and implement the first phase of an Aviation Security Program. This first phase includes key foundational elements, which are as follows:

  • Define, document and communicate the assigned aerodrome-related security roles and responsibilities of each of the operator’s employee groups and contractor groups;
  • Develop and communicate a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  • The operator of an aerodrome must document how it achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to it, and keep documentation for two years;
  • Establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
  • Establish and implement a security awareness program that promotes a culture of security vigilance and awareness;
  • Assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making;
  • Establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security to protect that information from unauthorized access;
  • Disclose sensitive information respecting aviation security to persons employed at or requiring access to the aerodrome through the course of employment with assigned aerodrome-related security roles and responsibilities;
  • Amend airport security programs if
  1. (a) An aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
  2. (b) The operator identifies an aviation security risk at the aerodrome that is not addressed by the program;
  • Immediately take corrective actions, which may include a phased approach, to address an aviation security risk that is
  1. (a) identified to the operator by the Minister; or
  2. (b) identified by the operator;
  • Identify a security official who is responsible for
  1. (a) the coordination and oversight of security controls and procedures at the aerodrome; and
  2. (b) acting as the principal contact between the operator and the Minister with respect to security matters including the airport’s security program; and
  • Have a security committee.

Key elements of the regulatory framework for primary security line (PSL) partners (including tenants) at Class 1 airports (i.e. those who are on the primary security line and have a restricted area access point) include

  • Identifying a security official who is responsible for
  1. (a) the coordination and oversight of the day-to-day implementation of requirements that apply to primary security line partners; and
  2. (b) acting as the principal contact between the primary security line partner, the operator of the aerodrome and the Minister with respect to security matters including requirements that apply to primary security line partners;
  • Defining and documenting airport security roles and responsibilities of its employees who require access to the restricted area;
  • Establishing corrective actions to address airport security risks, incidents and breaches in respect of the primary security line;
  • Establishing a security awareness program for employees who require access to the restricted area and who have not already been covered by the airport’s security awareness program; and
  • Providing the following information to the airport operator:
  1. (a) Define and document the assigned roles and responsibilities of employees that require access to restricted areas and their airport security roles and responsibilities; and
  2. (b) Information on how the primary security line partner receives, retains, discloses and disposes of sensitive information related to airport security (if they do these activities).

Primary security line partners at all classes of designated airports will have to provide to the airport operator information on measures, procedures and processes they have in place for protecting the security of the restricted area and preventing breaches of the primary security line (note: the Regulations do not require the creation of measures and procedures; rather, they must provide information to the airport on what they have in place).

The next phase of aviation security program requirements for airports (Phase II) is expected to include elements such as airport security risk assessments; security plans that articulate risk management strategies based on risks identified and prioritized in the security risk assessment (including regulated Aviation Security Response Levels that will require specified actions to address heightened threat conditions); the establishment of a Multi-Agency Advisory Committee, a body composed of law enforcement and key security organizations present at airports to share information related to threats and vulnerabilities for the purposes of carrying out an informed security risk assessment; security personnel training; and emergency plans and security exercises. These future amendments will be subject to the regulatory process, including prepublication in the Canada Gazette, Part Ⅰ.

Regulatory and non-regulatory options considered

Voluntary guidelines were considered as means for encouraging aerodrome operators to document and coordinate all security systems and processes at an airport in accordance with security industry “best practices.” However, mandatory requirements for operators to document, coordinate, and oversee the total of all security operations at airports were considered the most viable alternative as they will ensure timely co-operation in the management of unpredictable aviation security threats and incidents. In the absence of documentation and co-ordination requirements, there is no assurance that security systems and processes will be optimally managed. Unsystematic security management may jeopardize the safety and security of the airport community and the travelling public.

Due to the need to respond to industry’s concerns over the structure of the existing Canadian Aviation Security Regulations, amending only the existing Regulations was not a practical option. As a result, the current Regulations are being repealed and replaced with the restructured, more user-friendly Canadian Aviation Security Regulations, 2012.

Additionally, a minimalist approach was taken to the extent possible. For example, where feasible, some initial proposals are now being addressed through guidelines, rather than through regulation. Also, a performance-based approach has been taken to Aviation Security Program requirements for airports, with the Regulations requiring specific outcomes rather than prescriptive requirements for “how” security objectives should be achieved.

Benefits and costs

As required by the Cabinet Directive on Streamlining Regulation, an analysis of benefits and costs of the new Aviation Security Program (ASP) requirements was conducted to determine impacts on airports, primary security line partners (including tenants), the federal government, and Canadians. The Cost-Benefit Report is available on request.

Costs

The costs of the ASP requirements were estimated using a literature review concerning the International Civil Aviation Organization (ICAO) Annex 17 expectations, airport security program requirements of Canada’s key allies, economic theory and analysis pertaining to costs of security-related regulations and macro-economic impacts, as well as primary research and discussions with stakeholders.

The estimated total costs for 89 designated airports, some 240 primary security line partners, and the Federal Government are $69.7M over 10 years. Initial annual costs range from $488,000 for the largest international airports to $66,000 for smaller regional airports. Ongoing, the average annual costs range from $50,000 (smaller regional airports) to $225,000 (largest international airports).

Additional operating costs associated with new requirements may be incurred where existing security practices significantly differ from the new requirements, and will vary depending on the ability to integrate security requirements into existing business practices. For example,

  • costs associated with the requirement to institute a security official and a security committee will occur only where such offices and committees are not already effectively in place;
  • some minimal costs may be incurred by airport operators who do not effectively document security roles and responsibilities, nor have a system in place for managing and disseminating aviation security information; and
  • there will be minimal costs incurred to develop and implement security awareness programs, particularly where there are none already in place.

The costs to government will be those associated with monitoring and enforcing the Regulations, and will be absorbed within existing resource allocations.

Benefits

The ASP requirements introduce a number of enhancements to security at Canadian airports, enhancements that are expected to reduce the probability and/or impact of unlawful interference with aviation:

  • Documented programs would improve oversight of security roles and responsibilities for personnel with aviation security duties;
  • Documented programs would facilitate and improve tracking security practices and procedures, as well as overall security management;
  • Documented programs would coordinate the security regimes of all organizations with civil aviation security mandates at airports through enhanced information-sharing and security risk management; and
  • Security program regulations would better align Canada with international standards and recommended practices, as well as further enhance Canada’s reputation in the field of international civil aviation.

These enhancements are expected to result in avoided human and economic impacts (e.g. prevented loss of life, damage to property), with more significant benefits accruing in areas that are relatively more vulnerable to terrorist threats. In addition, benefits would result due to the mitigation of risk in a sector (aviation) that is instrumental to Canada’s international trade, tourism and insurance sectors, with downstream linkages throughout the Canadian economy.

Given that both the probability and impact of unlawful interference are highly subjective and/or unknown, a quantification of these benefits is not possible. TC has therefore conducted a break-even analysis to determine the benefits needed to justify the costs. Assuming the present value of costs of the ASP requirements is $69.7 million, and the impact of a successful act of unlawful interference with civil aviation, such as a terrorist attack, is $1.225 billion, the ASP requirements must bring about a reduction in the annual probability of a successful attack of 0.8% to break even. Given the potentially high impact of an act or attempted act of unlawful interference with civil aviation, the enhanced security practices resulting from the ASP requirements are expected to produce benefits that significantly exceed the break-even level.

Cost-Benefit
Statement

Base
Year (2012)

2013

2014

Final
Year (2021)

Total (Present
Value)

Aver-
age Annual

A. Quantified impacts in $

Bene-
fits

The ASP requirements are expected to enhance security at Canadian airports, and reduce the probability and/or impact of unlawful interference with aviation. However, given that both the probability and impact are highly subjective and/or unknown, a quantification of benefits is not possible.

TC has conducted a break-even analysis, to determine the benefits needed to justify the costs. TC expects that the actual benefits of the Regulations would significantly exceed the break-even level. The ASP requirements must bring about a reduction in the annual probability of a successful attack of 0.8% to break even.

Costs

Air-
ports

$8,659,850

$6,046,833

$6,046,833

$6,165,633

$46,717,877

$6,351,935

Part-
ners

$3,734,000

$2,257,333

$2,257,333

$2,557,333

$18,649,427

$2,529,800

Govern-
ment

$2,222,755

$333,413

$333,413

$333,413

$4,305,550

$522,347

Canad-
ians

$0

$0

$0

$0

$0

$0

Total

$14,616,605

$8,637,580

$8,637,580

$9,056,380

$69,672,853

$9,404,082

Net benefits

Greater than $0

 

B. Qualitative impacts

Canadians
and the
Canadian
economy

  • Fewer aviation security breaches (potential lives saved and injuries avoided)
  • Reduce the risk of acts or attempted acts of unlawful interference with civil aviation that disrupt air travel (i.e. reduced social costs of delays and wait times directly caused by act or attempted act of terrorism)
  • Ensure the continued access to the international aviation system by fully aligning with ICAO standards and recommended practices

Canadian
government

  • Better insight into aviation security
  • More effective performance-based management of aviation security
  • More effective communications and information exchange
  • Maintenance of reputation in international civil aviation

Airports

  • Increased airport security
  • Improved business continuity
  • Improved knowledge and information management
  • Improved transition planning
  • More effective communications and information exchange

Partners

  • Increased security of operations
  • Improved business continuity
  • Improved knowledge and information management
  • Improved transition planning
  • More effective communications and information exchange

Rationale

Canada, as a member state of ICAO, is expected to conform to the international standard of having documented Aviation Security Programs for its aviation industry and bring this requirement into its domestic regulations. The Canadian Aviation Security Regulations, 2012 lay the groundwork and, in combination with future regulation, help further harmonize Canadian requirements with international standards, ensuring that Canada does not face a loss of credibility internationally.

Aviation Security Programs for airports are designed to promote coordination and integration of security at airports, especially with respect to access control, clarity of roles and responsibilities, and result in thorough, clearly outlined and consistent mitigation measures. The performance-based approach will allow the appropriate implementation according to the size and scale of the regulated entities’ operations.

Responding to concerns from both government and industry stakeholders that requirements are located throughout the Regulations in a sometimes confusing fashion, the regulatory package brings forth Canadian Aviation Security Regulations, 2012 that are updated and reorganized to ease compliance burden with a user-friendly structure that groups together requirements as they apply to different classes of airports. The new Regulations are easier for stakeholders to read and enable them to better understand their obligations.

In order to address some irritants identified by stakeholders, the Regulations were changed to provide clarity and precision.

Restructuring also provides the means to streamline and sustain future changes to the regulatory framework.

Consultation

The restructuring of the regulations and requirements for Aviation Security Programs were developed using feedback and input from extensive consultations with stakeholders for more than two years. Key participants in the consultation process included aerodrome operators, air carriers, CATSA, other government departments and agencies, NAV CANADA, industry associations, labour groups and other organizations and businesses operating on security boundary lines at airports that have aviation security roles and responsibilities.

Stakeholder groups have been consulted throughout the development of the ASP requirements through various mechanisms including face-to-face meetings, pilot project activities, information sessions and direct mail consultations. As an official forum, Transport Canada has informed, engaged and consulted key participants represented on the Aviation Security Regulatory Review Technical Committee, which includes but is not limited to Aéroport de Québec, Greater Toronto Airport Authority (GTAA), Ottawa International Airport Authority, Kelowna International Airport, Yellowknife Airport, Toronto City Centre Airport, Victoria Airport Authority, West Kootenay Regional (Castlegar) Airport, Air Canada, WestJet, Air Transat, First Air, Canadian Owners and Pilots Association (COPA), Air Line Pilots Association (ALPA), Air Canada Pilots Association (ACPA), International Air Transport Association (IATA), Air Transport Association of Canada (ATAC), Canadian Airports Council (CAC), Canadian Business Aviation Association (CBAA), Northern Air Transport Association (NATA), Regional Community Airports Coalition of Canada (RCACC), Conseil des aéroports du Québec (CAQ), National Airlines Council of Canada (NACC), Canadian Union of Public Employees (CUPE), Teamsters Canada, Canadian Labour Congress (CLC), Gate Gourmet Canada, Purolator Courier Ltd., Federal Express Canada Ltd. (FedEx), DHL Express (Canada) Ltd., CATSA, and the Government of the Northwest Territories.

As part of Transport Canada’s preliminary consultations, a notice of intentwas published in the Canada Gazette, Part Ⅰ, on March 27, 2010, requesting comments from the public on the intention to update the Canadian Aviation Security Regulations to include, among other things, requirements for Aviation Security Programs for airports. The notice provided an overview of the proposed regulatory principles being considered by the Department.

These consultations have resulted in a phased approach to Aviation Security Program regulations for airports. Foundational elements will be implemented first, resulting in enhanced security management and practices, and subsequent assessment to further improve security operations. Consultations have also resulted in refining the overall scope in terms of what really needs to be regulated. For example, consultations identified where Transport Canada was inadvertently affecting assignment of management responsibilities within industry organizations, thus security official requirements were simplified and clarified. Requirements for primary security line partners (such as tenants) at airports who have a role to play in overall airport security were refined to focus on essential activities, including providing information to airports, to support development of the airport’s Aviation Security Program.

Consultation following pre-publication in the Canada Gazette, Part Ⅰ

This regulatory package was pre-published in the Canada Gazette, Part Ⅰ, on February 12, 2011, followed by a 60-day comment period. In addition, Transport Canada informed the Aviation Security Regulatory Review Technical Committee, whose role is to discuss issues related to the review and renewal of aviation security regulatory instruments, of the publishing of the proposed Regulations.

Written submissions were received from 9 stakeholders, with a total of 51 comments, all from the aviation industry.

Stakeholders recognized Transport Canada’s efforts to simplify and restructure the Regulations to increase clarity. Two stakeholders provided a written submission declaring no issues with the proposed Regulations.

While a review of the entire regulatory framework is currently underway, the current regulatory proposal focuses on restructuring of the Regulations and the inclusion of Aviation Security Programs for airports. Consequently, more than 55% of the comments were outside the scope of the current proposal. However they have been noted and will be subject to further analysis and consultation as Transport Canada prepares for subsequent stages of the regulatory revitalization process.

Cost

One stakeholder suggested that Transport Canada provide compensation to airports to cover the costs of implementation of ASPs. Transport Canada has no plans to provide funding to airports to compensate for costs incurred in order to comply with proposed Regulations.

Simplification of Class 3 requirements

Three of the comments suggested that requirements be further simplified for Class 3 airports. Transport Canada has since reviewed requirements for all classes of airports and has reduced and further simplified requirements. Of note, since pre-publication, Transport Canada has removed the regulatory requirements for many processes that were required for Aviation Security Programs, specifically

  • A process for communicating roles and responsibilities;
  • A process for communicating the security policy statement;
  • A process for developing corrective actions; and
  • A process for assessing, disseminating risk information within the operator’s organization.

The requirements themselves remain, but Transport Canada will not regulate the process used to fulfill the requirement.

Request to extend implementation timelines

Five of the stakeholders requested more time to implement Aviation Security Program requirements. Transport Canada is sensitive to such implementation concerns and has developed guidance material in close consultation with industry to facilitate implementation, and has simplified and reduced requirements to further ease implementation. Transport Canada extended the implementation timelines by two months for Class 1 airports and by five months for Class 2 and Class 3 airports.

Clarification on Regulations

Five of the comments were seeking specific clarification related to proposed Aviation Security Program regulations; changes were not required as a result of those comments. The Regulations will be accompanied by guidance material to clarify concepts and expectations in order to help operators in their implementation.

Suggestions for changes

One stakeholder suggested that the definition of “personal identification code” include characters other than numbers and letters. Transport Canada made this change to that definition and to the definition of “combination code.”

One stakeholder suggested that the definition of “primary security line partner” be expanded “to include anyone who occupies space on the primary security line regardless of whether or not they have access points or not.” Transport Canada had narrowed the definition of primary security line partner following industry consultation from a broader definition to encompass only those who have care and control responsibilities of a primary security line access point, and as a result will not be expanding the definition.

One stakeholder suggested that the timelines for amendments made by airports to their Aviation Security Programs should be regulated. Transport Canada will not formally regulate this issue, but will consider recommending a timeline in the supporting guidance material.

One stakeholder was concerned about the Minister’s authority under section 372 concerning corrective actions. Transport Canada has changed the word “mitigate” in this provision to “address” to allow operators a range of options to manage security risks.

One stakeholder questioned whether the information provided by primary security line partners in paragraph 374(1)(a) should be in the form of a document. Transport Canada will not set out the method of exchange in the requirement in order to allow for greater flexibility and reduce administrative burden on the operator and primary security line partner(s), and to allow for information to be shared quickly when required.

One stakeholder suggested that the requirements for Security Committees are exaggerated for Class 3 airports. Transport Canada will not be amending the provision as section 458 clarifies the objective of the Security Committee (an existing requirement), but also provides flexibility to the operator. It does not prescribe the forum or method of exchange of information.

Implementation, enforcement and service standards

Transport Canada’s philosophy on the enforcement of the Canadian Aviation Security Regulations, 2012 stresses promoting compliance as the preferred means of achieving a secure aviation environment. Where necessary, contraventions of these Regulations will be sanctioned through the suspension or cancellation of Canadian aviation documents under section 6.9 of the Aeronautics Act, the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Act or through judicial action introduced by way of summary conviction as per subsection 7.3(3) of the Act.

Performance measurement and evaluation

While Transport Canada recognizes that the results of security regulations are difficult to measure because they pertain mainly to detection and prevention, improvements in security performance should be evident following implementation of security programs due to enhanced collaborative working relationships and a more proactive approach to achieving security objectives. Additionally, Transport Canada will be looking to the airport community to provide further information on whether these new proposals have made noticeable improvements to security in their facilities.

In keeping with the life-cycle approach to regulating under the Cabinet Directive on Streamlining Regulation, the effectiveness of the security program portion of these Regulations will be measured by an operational performance framework that is currently being developed. The framework is intended to use evidence-based analysis, through monitoring and tracking of enforcement results, to identify whether the intended results of regulation are being achieved.

The new requirements contribute to several key aviation security outcomes, including

  • increased alignment of aviation security with risk;
  • increased compatibility with international standards and trading partners; and
  • more effective enforcement and compliance with the regulations.

Contact

Wendy Nixon
Director
Aviation Security Regulatory Review
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-1282
Fax: 613-949-9199

Footnote a
S.C. 2004, c. 15, s. 5

Footnote b
S.C. 1992, c. 4, s. 7

Footnote c
S.C. 2004, c. 15, s. 18

Footnote d
S.C. 2004, c. 15, s. 18

Footnote e
S.C. 2001, c. 29, s. 39

Footnote f
R.S., c. A-2

Footnote 1
SOR/2000-112

Footnote 2
SOR/2000-111