Vol. 149, No. 15 — July 29, 2015

Registration

SOR/2015-196 July 16, 2015

AERONAUTICS ACT

Regulations Amending the Canadian Aviation Security Regulations, 2012 (Other Designated Places)

P.C. 2015-1086 July 16, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 4.71(1) (see footnote a) of the Aeronautics Act (see footnote b), makes the annexed Regulations Amending the Canadian Aviation Security Regulations, 2012 (Other Designated Places).

REGULATIONS AMENDING THE CANADIAN AVIATION SECURITY REGULATIONS, 2012 (OTHER DESIGNATED PLACES)

AMENDMENTS

1. Paragraph 2(f) of the Canadian Aviation Security Regulations, 2012 (see footnote 1) is replaced by the following:

2. Subsection 8.1(1) of the Regulations is replaced by the following:

Application

8.1 (1) Sections 8.2 to 8.5 apply in respect of some or all of the persons at a passenger screening checkpoint, at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act, if there is a heightened risk condition that can be mitigated by screening the identity of those persons at that checkpoint.

3. Section 9 of the Regulations is replaced by the following:

Application

9. Sections 10 to 13 apply in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

4. Section 401 of the Regulations is replaced by the following:

Part overview

401. This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

5. Section 402 of the Regulations is replaced by the following:

Application

402. This Part applies in respect of aerodromes listed in Schedule 3 and in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

6. Section 505 of the Regulations is replaced by the following:

Part overview

505. This Part sets out the basic regulatory framework for security at aerodromes. However, this framework is not applicable in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

7. Section 506 of the Regulations is replaced by the following:

Application

506. This Division applies in respect of aerodromes. However, this Division does not apply in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

8. Section 508 of the Regulations is replaced by the following:

Application

508. This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve air carriers. This Division does not apply in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

9. (1) The portion of section 516 of the Regulations before paragraph (a) is replaced by the following:

Application

516. (1) This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve

(2) Section 516 of the Regulations is renumbered as subsection 516(1) and is amended by adding the following:

Application

(2) This Division does not apply in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

10. Section 778 of the Regulations is replaced by the following:

Application

778. This Division applies in respect of aerodromes listed in Schedules 1 to 3, or any part of those aerodromes, and in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

11. Schedule 1 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 1” with the following:

(Paragraph 2(d), sections 3, 6, 82, 83, 117, 273, 428, 505, 506 and 508, subsection 516(1) and section 778)

12. Schedule 2 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 2” with the following:

(Paragraph 2(e), sections 3, 246, 247 and 273, paragraph 351(1)(a), subsection 351(2), paragraphs 352(1)(a), (2)(a) and 3(a), sections 428, 505, 506 and 508, subsection 516(1) and section 778)

13. Schedule 3 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 3” with the following:

(Paragraph 2(f), sections 401, 402 and 428, paragraph 459(1)(a), subsection 459(2), paragraphs 460(1)(a) and (2)(a), sections 505, 506 and 508, subsection 516(1) and section 778)

COMING INTO FORCE

Registration

14. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Over the last few years, several small, non-designated aerodromes have expressed an interest in obtaining screening services to help attract routes to and through larger, designated aerodromes and to increase their economic development opportunities. None of the aerodromes interested in obtaining screening services warrant risk-based screening paid for by the Crown, through the Air Travellers Security Charge. As a result, the Minister of Transport sent a letter to aerodromes who expressed interest indicating that screening services could be provided at their aerodromes on a full cost-recovery basis. Regulatory amendments to the Canadian Aviation Security Regulations, 2012 are necessary as passenger screening at non-designated aerodromes must also be subject to the same regulatory requirements currently in place at designated aerodromes to maintain a secure aviation security system.

Background

Following the creation of the Canadian Air Transport Security Authority (CATSA) in the aftermath of September 11, 2001, Canada designated 89 aerodromes for mandatory aviation security screening by CATSA, including approximately 60 lower risk aerodromes where screening was formerly conducted by air carriers or aerodromes on a voluntary basis. CATSA is the only authorized aviation screening authority in Canada.

Objectives

This initiative is to further support the Government’s Economic Action Plan to protect Canadians and support jobs and growth. Specifically, this initiative would provide smaller, non-designated low-risk aerodromes with the option of making a business decision to invest in screening services, and with that decision, facilitate passenger connectivity through larger, designated aerodromes. While such investments would be for potential economic benefits, the additional screening of passengers and their goods would also contribute to a more secure aviation system in Canada. In addition, this initiative will support the motion (M-553) that was unanimously approved by members of the House of Commons on April 29, 2015. The motion requested that the Government present, as soon as possible, a mechanism that would allow non-designated aerodromes to receive screening services from CATSA on a cost-recovery basis. These amendments would also accommodate special circumstances when the Minister of Transport sees a need to have CATSA present for screening at any other place pursuant to subsection 6(1) of the Canadian Air Transport Security Authority Act (i.e. G20 Summit).

Description

The Regulations Amending the Canadian Aviation Security Regulations, 2012 (the Regulations) enable CATSA to perform screening services at select non-designated aerodromes (to be hereafter called “other designated aerodromes”) and to require such aerodromes to meet the same regulatory requirements that apply to a Class 3 aerodrome. The Minister relies on the authorities set out in the Canadian Air Transport Security Authority Act to list other designated aerodromes, and the Department would publish a notice of these aerodromes in the Canada Gazette, Part I.

The Regulations recognize CATSA screening at “any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.”

At aerodromes that will be designated by the Minister under the “any other place” designation, the amendments will require

1. CATSA to screen passengers and baggage in the same manner as they do at existing designated aerodromes, e.g. screen for prohibited items; and

2. Aerodromes designated under the “any other place” desig-nation are to meet the same Regulatory requirements as a Class 3 aerodrome (e.g. have restricted areas to prevent unauthorized interference with civil aviation).

To date, a number of small aerodromes have expressed an interest in entering into a contractual agreement to pay the full cost of CATSA screening at their aerodrome.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no direct costs to small business as a result of the Regulations. These amendments will enable other designated aerodromes to opt in for CATSA screening services if they want to pay for those services.

The decision to pay and have CATSA screening will be a business decision made by small aerodromes in consultation with CATSA and Transport Canada. Once that decision is made, the aerodrome would willingly enter into a contractual agreement to have CATSA screening, to pay for that screening, and to meet the regulatory obligations in the Regulations prior to the commencement of CATSA screening.

Consultation

On June 24, 2014, the Minister of Transport wrote a letter to a number of small aerodromes who were requesting CATSA services to advise them that the Department is considering developing a mechanism to enable this on a cost-recovery basis. Of these aerodromes, several responded to Transport Canada’s consultation request. Other small aerodromes have also indicated potential interest in having CATSA screening at their aerodrome.

On March 26, 2015, Transport Canada officials completed initial consultations with several of these small aerodromes that expressed an interest in purchasing CATSA screening services.

During consultations, these small aerodromes continued to express their interest in and support for the cost-recovery option, and were very keen on getting this mechanism in place as quickly as possible. As part of Transport Canada’s consultations, the Department shared estimated operating and one-time equipment costs, while noting that more precise costing would depend on a number of factors, including size and frequency of flights and destination, among others. Several aerodromes requested detailed costing once it becomes available. All aerodromes expressed an interest in being authorized to conduct screening themselves, provided that their screeners are certified by CATSA. The Department reiterated that CATSA is the only authorized aviation screening authority in Canada.

Rationale

The Regulations add a reference to “any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act” in several sections in order to subject aerodromes, once designated, and CATSA to the Canadian aviation security regulatory regime. The Minister will create a list of those aerodromes willing to pay for the screening, that have signed a contract and meet the other applicable regulatory obligations, and will inform the public in an administrative manner by publishing a list of other designated aerodromes in the Canada Gazette, Part I.

As part of the contractual agreement, aerodromes will be responsible to pay for any CATSA equipment, training, support costs, aerodrome upgrades, all regulatory obligations, etc. Transport Canada inspectors will oversee and inspect the locations as they already do today at existing designated aerodromes. Passengers departing from these other designated aerodromes would not be subject to the Air Traveller Security Charge (ATSC) for direct flights to designated aerodromes (although they may be charged the ATSC for connecting flights through a designated aerodrome listed in the CATSA Aerodrome Designation Regulations). The aerodromes were advised that the annual CATSA operating costs could range from $500,000 to $2 million depending on the number of passengers to be screened, the type of screening and the geographic location of the small aerodromes. In addition, the Department advised that one-time equipment costs could range from $50,000 to $600,000. Also, aerodromes may require capital/infrastructure upgrades (e.g. restricted areas) to meet the same regulatory requirements as a Class 3 aerodrome. Transport Canada has not received specific information from the small aerodromes as to how they would fund the requested screening activity. Some may opt to subsidize all or a portion of the screening, while others may not. It is also possible that aerodromes would transfer a portion or all of the costs associated with this activity onto air carriers operating from their aerodrome, other businesses at the aerodrome and/or passengers. It is not possible to say what the ultimate cost will be on passengers.

Without the amendments to the Regulations, screening at other designated aerodromes would not be consistent with the Canadian aviation security regulatory regime. These amendments are required to make sure any other designated aerodrome would be part of Canada’s aviation security regulatory regime and be in line with international standards and recommended practices as established by the International Civil Aviation Organization (ICAO). In the absence of these amendments, aerodromes choosing to purchase CATSA screening services would not be obligated to meet the appropriate regulatory requirements for similar sized Class 3 aerodromes. As a result, passengers and their belongings on flights from these aerodromes would be subjected to screening by CATSA when connecting through a designated aerodrome.

Implementation, enforcement and service standards

Commencement of CATSA screening and aerodrome readiness will remain subject to both the finalization of an agreement between CATSA and an aerodrome and the required designation by the Minister.

Transport Canada’s philosophy on the enforcement of the Regulations stresses promoting compliance as the preferred means of achieving a secure aviation environment. However, the Aeronautics Act provides that enforcement actions could be taken in the form of administrative monetary penalties pursuant to sections 7.6 to 8.2, charges could be laid for the commission of an offence set out under subsection 7.3(3), or a Canadian aviation document could be suspended or cancelled in accordance with section 6.9.

Contact

Sandra Miller
Chief
Regulatory Projects
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N8
Telephone: 613-998-9605
Email: sandra.miller@tc.gc.ca