Vol. 145, No. 7 — February 12, 2011

ARCHIVED — Canadian Aviation Security Regulations

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

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 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 [e.g. Air India Commission of Inquiry Final Report (2010) and Flight Plan: Final Report of the Advisory Panel on the Review of the Canadian Air Transport Security Authority Act (2006)] and industry feedback have indicated a need to modernize and streamline aviation security regulations. These reports and the recommendations in the 2005 Security Audit and 2007 Follow-Up Security Audit from the International Civil Aviation Organization (ICAO) Security Audit Programme also call on Canada to harmonize its regulations with ICAO’s Annex 17, which calls on member states to set requirements for industry to establish, implement and maintain a written security program that is consistent with the member state’s National Civil Aviation Security Program. The proposed Regulations will enhance harmonization of Canada’s regulatory framework with international obligations and respond to recommendations from independent audits.

In addition, amendments to the Aeronautics Act pursuant to the Public Safety Act, 2002 require the disclosure into regulations of those Aviation Security Measures that fail to pass a confidentiality test.

The existing security regulations, the Canadian Aviation Security Regulations (CASRs), need to be updated and reorganized to accommodate the ICAO standard for aviation security programs, to disclose Security Measures that no longer compromise aviation security, and to provide an enhanced regulatory framework to support future enhancements to Canada’s aviation security program.

Objectives

The objective of the proposed Regulations is to streamline and renew the aviation security regulatory framework, fulfill requirements of the Public Safety Act, 2002, and, in accordance with the Cabinet Directive on Streamlining Regulations, shift the regulations to a more performance-based approach where practicable.

The existing regulatory framework needs to be revitalized and improved in order to

  • Ensure continued compliance with international obligations and standards;
  • Promote international competitiveness 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 security program portion of this regulatory initiative is to engage industry, such as airports (termed aerodromes in legislation), air carriers, the Canadian Air Transport Security Authority (CATSA), and other aviation security providers to be more involved and proactive in managing, coordinating, integrating and continuously improving security throughout their operations, which will enhance transportation security.

Furthermore, the following objectives would be achieved with the addition of security programs:

Better informed policy makers, airport operators and other stakeholders: This proposal would help industry move beyond passive compliance with regulations towards a more proactive and collaborative approach to security. The proposed Regulations seek to achieve better-informed stakeholders by having security practices documented and by having airports more involved in proactively managing, coordinating and integrating security in the 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: The Department, 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.

Description

The proposed Canadian Aviation Security Regulations (the Regulations) would repeal the existing CASRs and restructure and amend them as follows.

Restructuring CASRs

The existing CASRs would be updated and reorganized to create a more 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 sometimes confusing fashion. The restructured Regulations would be easier for stakeholders to read and would enable them to better understand their obligations. Restructuring would also support the introduction of future aviation security requirements, facilitate the streamlining of disclosed security measures, and sustain future changes to the entire regulatory framework by avoiding a piecemeal approach in the future. The major structural changes are as follows:

  • Provisions that apply to each class of aerodromes have been regrouped;
  • New separate 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 proposed Regulations have been reserved or left blank to allow for the addition of sections that would be necessary to address new threats or to plan for upcoming parts to the Regulations; and
  • Designated Provisions Regulations as they apply to aviation security would be streamlined into the proposed CASRs to further consolidate requirements, and facilitate enforcement and compliance efforts.

Restructuring would support a more effective enforcement regime, because, with obligations grouped together according to class of airport, oversight and enforcement expectations would be clarified and more consistent across the country.

Disclosure of aerodrome security measures

Amendments to the Aeronautics Act pursuant to the Public Safety Act modified the circumstances under which the Minister of Transport may make confidential security measures when security would be compromised if the subject were to be set out in regulations. The amendments to the Aeronautics Act set out a process to convert to regulations those security measures that, in the opinion of the Minister of Transport, would not compromise aviation security if made as regulations. The proposed Regulations would be structured such that those security measures deemed appropriate for disclosure as regulation would be easily streamlined into the Regulations. Key stakeholders, including industry (airports, airlines, airport tenants), unions and U.S. authorities, have been consulted and continue to be consulted as a part of this process. Once the Minister of Transport is of the opinion that an existing security measure would not compromise aviation security, he will, as per the process set out in the Aeronautics Act, publish a notice in the Canada Gazette, Part I, that sets out the substance of the security measure prior to incorporating any new requirements into regulations.

Security programs

Recognizing the challenges to industry to implement airport security programs (ASPs), implementation of the ASP elements would be done in two phases to allow some foundational elements to be put in place first. The phased approach would allow stakeholders to build capacity and best practices, providing immediate enhanced security performance in the short term while giving more time to address issues associated with future requirements.

The proposed Regulations would require all 89 designated airports (i.e. those airports with Canadian Air Transport Security Authority screening) to develop and implement the foundational elements of an airport security program. These elements would be inherent to future implementation of a programs-based approach, as well as other essential regulatory elements (i.e. definitions, application, etc.). Proposed security program elements would lead to immediate enhancement in security management and best practices, and form the foundation to future regulatory requirements.

Key foundational requirements for aerodrome operators for airport security programs included in the proposed Regulations are as follows:

  • Define and document the assigned aerodrome-related security roles and responsibilities of each of the operator’s employee groups;
  • Develop 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;
  • Establish and implement a security awareness program that promotes a culture of security vigilance and awareness;
  • Establish and implement a process for managing risk information to ensure 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;
  • Establish a process for disseminating aviation security information;
  • Identify a Security Official who is responsible for
  • (a) the coordination and oversight of security controls and procedures at the aerodrome, and
  • (b) acting as the principal contact between the operator and the Minister with respect to security matters including the airport’s security program; and
  • Establish a security committee.

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

  • Identifying a Security Official who is responsible for
  • (a) the coordination and oversight of the day-to-day implementation of requirements that apply to PSL partners, and
  • (b) acting as the principal contact between the PSL partners, the operator of the aerodrome and the Minister with respect to security matters including requirements that apply to PSL partners;
  • Defining and document airport security roles and responsibilities of its employees who require access to the restricted area;
  • Establishing corrective actions to mitigate 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:
  • (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
  • (b) Information on how the PSL 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 airport 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 PSL (note: the proposed Regulations would not require the creation of measures and procedures; rather, they must provide information to the airport on what they have in place).

Phase II will include ASP elements such as airport security/ risk assessments; security plans that articulate corrective actions based on risks identified and prioritized in the security/risk assessment (including regulated Aviation Security Levels that will require specified actions to address heightened threat conditions); the establishment of a Multi-Agency Advisory Committee, which is a body composed of law enforcement and security agencies present at airports to share information related to threats and vulnerabilities for the purposes of carrying out an informed security/ risk assessment; security personnel competencies; and detailed documentation regarding emergency response procedures. These 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 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. Furthermore, 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 of the airport community and the traveling public.

Due to the need to respond to recommendations to restructure the CASRs, amending the existing CASRs was not a practical option. As a result, the CASRs are being repealed and replaced.

Additionally, a minimalist approach was taken to the extent possible. For example, where considered feasible, some initially proposed regulatory requirements would be addressed through guidelines. Also, an outcomes-based approach has been taken to proposed airport security program regulations, with proposed regulations providing required outcomes rather than requirements for “how” security programs should be achieved.

Benefits and costs

Three stakeholder groups were identified as being the most affected by proposed ASP regulations: airports, primary security line partners (including tenants) and the federal government.

The potential costs and benefits of ASPs were identified through a literature review concerning 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 some primary research and discussions with stakeholders. The benefits have been quantified in the Cost-Benefit Report using a “break-even” (inverse cost-benefit) analysis based on the Regulations having an impact on the probability of Canada experiencing significant attacks in the 10 years following the issuance of the proposed Regulations. The entire cost-benefits analysis that was conducted for the amendments to the Canadian Aviation Security Regulations is available upon request. (see footnote 1)

The annual risk that Canada faces with regard to a potential terrorist attack can be represented as the chance that an attack would successfully take place, multiplied by the consequences of that attack. The amendments to the Regulations are unlikely to impact the consequences of a successful attack, but it may impact the chance of a terrorist attack being attempted and succeeding.

The estimated total operating cost for the 89 designated airports and some 240 primary security line partners is $70.8M over 10 years. The initial annual costs range from $550,000 for the largest international airports to $70,000 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 provisions may be incurred where existing security practices significantly differ from new requirements, and will vary depending on the ability to accommodate 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 by developing and implementing security awareness programs, particularly where there are none already in place.

Costs to government will be those associated with monitoring and enforcing the regulations, and will be absorbed within existing resource allocations.

Notwithstanding a breakeven analysis, given the potentially high cost of an act or attempted act of unlawful interference with civil aviation, both monetary and psychological, enhanced security practices may produce very significant benefits that exceed the projected costs.

The benefits of the proposed ASP Regulations are mainly qualitative. Such benefits would be achieved through the proposed Regulations because

  • 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.

Broadly speaking, the key benefits from the proposed Regulations are the human and economic costs avoided through the reduction in the probability of acts of unlawful interference with civil aviation, such as a terrorist attack. The raison d’être of the CASRs is to reduce the probability of a successful act of unlawful interference with civil aviation and to minimize the negative impact of the threat of or attempts to commit acts of unlawful interference with civil aviation on Canadians and the economy. The major benefits of the proposed Regulations are therefore the costs potentially avoided in areas that are vulnerable to terrorist threats, because of the proposed Regulations. Trade, tourism and insurance sectors are particularly affected by terrorism or terrorism threats. The shocks to these sectors are transmitted to other important economic variables such as productivity.

Cost-Benefit Statement

Base Year (2012)

Final Year (2021)

Total (PV)

Average Annual

A. Quantified impacts in $

Benefits*

Airports

 $9,768,189

 $9,768,189

$70,788,970

$9,768,189

Partners

Government

Canadians

Total

$9,768,189

$9,768,189

$70,788,970

$9,768,189

Costs

Airports

$9,433,700

$6,278,133

$47,833,994

$6,480,530

Partners

$3,734,000

$2,557,333

$18,649,427

$2,529,800

Government

$2,222,755

$333,413

$4,305,550

$522,347

Canadians

$0

$0

$0

$0

Total

$15,390,455

$9,168,880

$70,788,970

$9,532,677

Net benefits

$0

$235,512

B. Quantified impacts in non-$ — e.g. risk assessment

Positive impacts

By stakeholder

-

-

-

-

Negative impacts

By stakeholder

-

-

-

-

C. Qualitative impacts

Short list of qualitative impacts (positive and negative) by stakeholder.

Canadians and the Canadian economy

  • Fewer successful 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

* The quantitative benefit analysis has identified that the amendments must at least bring about a reduction in the annual chance of a terrorist attack of 0.8%. While reducing the probability of a successful act of unlawful interference with civil aviation may be difficult, quantification may be made with certain assumptions. Assuming a cost of the amendments to the Regulations of $70.8 million, and an impact cost of a successful act of unlawful interference with civil aviation, such as a terrorist attack, of $1.225 billion at the 8% discount rate, the proposed Regulations must bring about a reduction in the annual chance of a successful attack of 0.8% for amendments to break even, and justify the benefit against the impact of a successful act of unlawful interference with civil aviation. (See the Cost-Benefit Report for details, which is available on request via the contact details below.)

Rationale

The proposed Regulations would restructure the existing CASRs, grouping together requirements as they apply to different classes of airports. This restructuring has been undertaken after consultation with stakeholders to respond to their concerns that requirements are located throughout the regulations in sometimes confusing fashion. The restructured Regulations would be easier for stakeholders to read and understand their obligations. Restructuring would also support the introduction of future aviation security requirements, facilitate the streamlining of disclosed security measures as defined under the Aeronautics Act, and sustain future changes to the entire regulatory framework by avoiding a piecemeal approach in the future.

Canada, as a member state of ICAO, is expected to conform to the international standard of having documented security programs for its aviation industry and bring this requirement into its domestic regulations. This proposal would lay the groundwork and, in combination with future regulations, help harmonize Canada’s international obligations; ensuring that Canada does not face a loss of credibility internationally.

Furthermore, as mentioned above, the airport security program initiative was inspired and informed by the findings and recommendations in the Final Report of the Advisory Panel on the Five Year Review of the Canadian Air Transport Security Authority Act (CATSA), which also recommended the development and implementation of security programs.

Airport security programs would be designed to promote coordination and integration of security at airports, especially for access control, clarify roles and responsibilities, and result in thorough, clearly outlined and consistent mitigation measures. Airport security programs will include security assessments to identify security gaps at the airport and ensure that mitigation strategies are developed and clearly outlined. This will provide additional assurance that security gaps at airports are identified and resolved.

Consultation

The proposed regulatory amendments and restructuring were developed using feedback and input from extensive consultations with stakeholders. Key participants in the consultation process included aerodrome operators, air carriers, the Canadian Air Transport Security Authority (CATSA), other government departments and agencies, NAV CANADA, industry associations, labour groups and other organizations and businesses operating on security boundary lines at airports who have aviation security roles and responsibilities.

Stakeholder groups have been consulted throughout the development of the proposed amendments 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), CARA Operations Limited - Airline Solutions, Purolator Courier Ltd., Federal Express Canada Ltd. (FedEx), DHL Express (Canada) Ltd, CATSA, and the Government of the Northwest Territories.

In addition, Transport Canada has consulted extensively with stakeholders concerning the disclosure process of confidential security measures. The consultations have been undertaken in order to identify which security measures would be appropriate for future disclosure. The United States Department of Homeland Security, Transportation Security Administration (TSA) was also consulted on requirements that may no longer need to be kept confidential that could be transferred to public regulation which forms part of these proposed amendments.

As part of Transport Canada’s preliminary consultations, a notice of intent was published in the Canada Gazette March 27, 2010 edition requesting comments from the public on the intention to amend the Canadian Aviation Security Regulations to include, among other things, requirements for airport security programs. The notice provided an overview of the proposed regulatory principles being considered by the Department.

These consultations have resulted in a phased approach to the proposed Regulations related to the aviation security program regime. Foundational elements would 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 impacting assignment of management responsibilities within industry organizations, clarifying security official requirements. Moreover, 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 airport security programs.

Environmental impact

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and Transport Canada’s Policy Statement on Strategic Environmental Assessment, the strategic environmental assessment (SEA) process was followed for these proposed regulations, and a preliminary scan was completed. The preliminary scan concluded that the proposal is not likely to have important environmental effects.

Implementation, enforcement and service standards

Transport Canada provides rigorous oversight and enforcement of the Aeronautics Act and its related legislative instruments through a national network of aviation security inspectors. This initiative will include a pool of inspectors to be deployed regionally to the areas of greatest need. The amended regulations would continue to detail the requirements against which inspectors will provide oversight and enforcement.

Transport Canada’s philosophy on the enforcement of the Canadian Aviation Security Regulations stresses voluntary compliance as the preferred means of achieving a secure aviation environment. Where compliance is not achieved on a voluntary basis or where there are flagrant violations, enforcement action may be taken in the form of administrative monetary penalties, judicial sanctions or the cancellation, suspension or revocation of Canadian aviation documents.

To ensure compliance with aviation security legislation, a regular cycle of inspections of security activities is conducted at airports at a frequency based on risk assessment. Transport Canada has an inspection program in place in all regions of the country, including on-site security inspectors at nine international airports, that includes regular inspections, daily monitoring of security activities and investigation of complaints. Inspection and enforcement practices are documented in the Transport Canada Inspection and Enforcement Manual.

Moreover, extensive consultation with security inspectors and industry, as well as pilot projects with industry have been undertaken to develop guidance material to ensure consistent and effective enforcement and compliance.

Performance measurement and evaluation

While Transport Canada recognizes that the results of security regulation 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.

Transport Canada has consulted on and continues to prepare for transition, implementation and oversight activities, including communications and awareness materials, for internal and external stakeholders. The Department is also developing and implementing new training for security inspectors and others involved in supporting stakeholder and departmental capacity to develop and implement proposed security program regulations. Furthermore, the Department is establishing oversight policies and practices supporting stakeholder development and implementation of security program requirements through education, mentoring and proposed oversight of progress.

Moreover, Transport Canada is currently developing an Aviation Security Regulatory Performance Measurement and Evaluation Framework, which would be applied to the airport security program portions of the proposed Regulations. 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 amendments contribute to several key aviation security outcomes, including

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

Contact

Aaron McCrorie
Director
Aviation Security Regulatory Review
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-0618
Fax: 613-949-9199

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to sections 4.71 (see footnote a) and 4.9 (see footnote b) and subsection 7.6(1) (see footnote c) of the Aeronautics Act (see footnote d), proposes to make the annexed Canadian Aviation Security Regulations.

Interested persons may make representations to the Minister of Transport concerning the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Aaron McCrorie, Director, Aviation Security Regulatory Review, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-991-6477; fax: 613-949-9199; email: aaron.mccrorie@tc.gc.ca).

Ottawa, February 3, 2011

JURICA ČAPKUN
Assistant Clerk of the Privy Council

TABLE OF CONTENTS

(This table is not part of the Regulations.)

CANADIAN AVIATION SECURITY REGULATIONS

OVERVIEW

 1 Regulations overview

 2 Structure

INTERPRETATION

 3 Definitions

PART 1

SCREENING

OVERVIEW

 4 Part overview

INTERPRETATION

 5 Section 4.85 of the Act

SCREENING OFFICERS

 6 Requirements

OFFICIAL LANGUAGES

 7 Official languages

CARRIAGE OF WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES DURING SCREENING

 8 Prohibition

 9 Notification of screening officers

SCREENING FOR PROHIBITED ITEMS

 10 Application

 11 Prohibited items

 12 Weapons, explosive substances and incendiary devices

 13 Medically necessary goods

 14 Medical kits

CIRCUMVENTING SCREENING

 15 Circumventing screening

THREAT RESPONSE

 16 Threat response

REPORTING OF SECURITY INCIDENTS

 17 Item at checkpoint

SECURITY INFORMATION

 18 Security information

PART 2

OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA

OVERVIEW

 25 Part overview

IDENTITY VERIFICATION SYSTEM

 26 System requirements

 27 Database backup

 28 Disclosure of information

 29 Biometric templates

 30 Protection of information

 31 Activation of cards

 32 Deactivation of cards

 33 Business continuity plan

 34 Records

PART 3

WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

OVERVIEW

 46 Part overview

AT AERODROMES

 47 Prohibition — sale

 48 Prohibition — carriage, transportation and access

ON BOARD AIRCRAFT

 49 Weapons

TRANSPORT AND TENDERING FOR TRANSPORTATION

 50 General prohibition

FALSE DECLARATIONS

 51 False declarations

PART 4

CLASS 1 AERODROMES

OVERVIEW

 52 Part overview

APPLICATION

 53 Application

DIVISION 1

PROHIBITED ITEMS

Overview

 54 Division overview

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

 55 Authorization

DIVISION 2

THREATS AND INCIDENTS

Overview

 58 Division overview

Threat Response

 59 Area under operator’s control

 60 Area under control of other person

 61 Specific threats

 62 Duties of other person

 63 Threats identified by other person

Information Reporting

 64 Security incidents

 65 Commercial air service information

DIVISION 3

RESERVED

DIVISION 4

PERSONNEL AND TRAINING

Overview

 78 Division overview

Security Official — Aerodrome

 81 Interpretation

 82 Requirement

Security Official — Primary Security Line Partner

 83 Interpretation

 84 Requirement

DIVISION 5

RESERVED

DIVISION 6

ACCESS CONTROLS

Overview

 95 Division overview

Signs

 96 Sign requirements

Restricted Area Access Points

 97 Prohibition

Doors, Gates, Emergency Exits and Other Devices

 98 Duty to close and lock — operators

 99 Duty to close and lock — partners and lessees

100 Temporary use or control

101 Uncontrolled restricted area access point

102 Preventing locking

103 Emergency exits

Unauthorized Access

104 Prohibition

DIVISION 7

RESERVED

DIVISION 8

ENHANCED ACCESS CONTROLS

Overview

107 Division overview

Identity Verification System

108 Disclosure of information

Information to Be Displayed on a Restricted Area Identity Card

109 Required information

Issue of Restricted Area Identity Cards

110 Issuance criteria

111 False information

112 Sponsorship

113 Issuance of multiple cards

114 Replacement of cards

115 Requirement to inform

116 Collection of information

117 Quality control

118 Protection of information

Deactivation of Restricted Area Identity Cards

119 Deactivation request

120 Change in employment

121 Duty of employer

122 Retrieval of cards

Keys, Combination Codes and Personal Identification Codes

123 Issuance or assignment

124 Addition of key

125 Protection of information

126 Cancellation, removal or taking back

Records

127 General requirement

Restricted Area Access Control Process

128 Use of identity verification system

Control of Access to Restricted Areas

129 Unauthorized access prohibition

130 Restricted area identity cards — conditions of use

131 Display of restricted area identity cards

132 Oversight

Business Continuity Plans

133 Business continuity plans

134 Database backup

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

135 General prohibitions

136 Report of loss or theft

137 Report of non-functioning card

138 Notification of CATSA

Presentation and Surrender of Restricted Area Identity Cards

139 Presentation on demand

140 Surrender on demand

141 Return of cards

142 Notification of Minister

Escort and Surveillance

143 General requirement

144 Escort ratio

145 Requirement to remain together

146 Screening requirement

147 Exception — conveyances

148 Escort conveyances

Inspectors

149 Exemption

150 Inspector’s credentials

151 Escort privileges

152 Conveyance escort privileges

DIVISION 9

AIRPORT SECURITY PROGRAMS

Overview

153 Division overview

Interpretation

154 Processes and procedures

Airport Security Program Requirements

155 Requirement to establish and implement

Documentation

169 Compliance with Act and regulatory requirements

Amendments

175 Requirement to amend

Security Committee

176 Security committee

Corrective Actions

178 Corrective actions

179 Corrective action plan

Disclosure of Information

185 Prohibition

DIVISION 10

RESERVED

DIVISION 11

PRIMARY SECURITY LINE PARTNERS

Overview

196 Division overview

Requirements

197 Requirements

Provision of Information

203 Provision to operator of aerodrome

Corrective Actions

206 Corrective actions

207 Corrective action plan

DIVISION 12

RESERVED

PART 5

CLASS 2 AERODROMES

OVERVIEW

218 Part overview

APPLICATION

219 Application

DIVISION 1

PROHIBITED ITEMS

Overview

220 Division overview

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

221 Authorization

DIVISION 2

THREATS AND INCIDENTS

Overview

224 Division overview

Threat Response

225 Area under operator’s control

226 Area under control of other person

227 Specific threats

228 Duties of other person

229 Threats identified by other person

Information Reporting

230 Security incidents

231 Commercial air service information

DIVISION 3

RESERVED

DIVISION 4

PERSONNEL AND TRAINING

Overview

238 Division overview

Security Official — Aerodrome

241 Interpretation

242 Requirement

DIVISION 5

RESERVED

DIVISION 6

ACCESS CONTROLS

Overview

255 Division overview

Signs

256 Sign requirements

Restricted Area Access Points

257 Prohibition

Doors, Gates, Emergency Exits and Other Devices

258 Duty to close and lock — operators

259 Duty to close and lock — partners and lessees

260 Temporary use or control

261 Uncontrolled restricted area access point

262 Preventing locking

263 Emergency exits

Unauthorized Access

264 Prohibition

DIVISION 7

RESERVED

DIVISION 8

ENHANCED ACCESS CONTROLS

Overview

267 Division overview

Identity Verification System

268 Disclosure of information

Information to Be Displayed on a Restricted Area Identity Card

269 Required information

Issue of Restricted Area Identity Cards

270 Issuance criteria

271 False information

272 Sponsorship

273 Issuance of multiple cards

274 Replacement of cards

275 Requirement to inform

276 Collection of information

277 Quality control

278 Protection of information

Deactivation of Restricted Area Identity Cards

279 Deactivation request

280 Change in employment

281 Duty of employer

282 Retrieval of cards

Keys, Combination Codes and Personal Identification Codes

283 Issuance or assignment

284 Addition of key

285 Protection of information

286  Cancellation, removal or taking back

Records

287 General requirement

Restricted Area Access Control Process

288 Use of identity verification system

Control of Access to Restricted Areas

289 Unauthorized access prohibition

290 Restricted area identity cards — conditions of use

291 Display of restricted area identity cards

292 Oversight

Business Continuity Plans

293 Business continuity plans

294 Database backup

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

295 General prohibitions

296 Report of loss or theft

297 Report of non-functioning card

298 Notification of CATSA

Presentation and Surrender of Restricted Area Identity Cards

299 Presentation on demand

300 Surrender on demand

301 Return of cards

302 Notification of Minister

Escort and Surveillance

303 General requirement

304 Escort ratio

305 Requirement to remain together

306 Screening requirement

307 Exception — conveyances

308 Escort conveyances

Inspectors

309 Exemption

310 Inspector’s credentials

311 Escort privileges

312 Conveyance escort privileges

DIVISION 9

AIRPORT SECURITY PROGRAMS

Overview

313 Division overview

Interpretation

314 Processes and procedures

Airport Security Program Requirements

315 Requirement to establish and implement

Documentation

329 Compliance with Act and regulatory requirements

Amendments

335 Requirement to amend

Security Committee

336 Security committee

Corrective Actions

338 Corrective actions

339 Corrective action plan

Primary Security Line Partners

340 Provision of information to operators of aerodromes

Disclosure of Information

346 Prohibition

DIVISION 10

RESERVED

DIVISION 11

RESERVED

PART 6

CLASS 3 AERODROMES

OVERVIEW

367 Part overview

APPLICATION

368 Application

DIVISION 1

PROHIBITED ITEMS

Overview

369 Division overview

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

370 Authorization

DIVISION 2

THREATS AND INCIDENTS

Overview

373 Division overview

Threat Response

374 Area under operator’s control

375  Area under control of other person

376 Specific threats

377 Duties of other persons

378 Threats identified by other persons

Information Reporting

379 Security incidents

380 Commercial air service information

DIVISION 3

RESERVED

DIVISION 4

PERSONNEL AND TRAINING

Overview

387 Division overview

Security Official — Aerodrome

390 Interpretation

391 Requirement

DIVISION 5

RESERVED

DIVISION 6

ACCESS CONTROLS

Overview

403 Division overview

Restricted Area Access Points

405 Prohibition

Doors, Gates, Emergency Exits and Other Devices

406 Duty to close and lock — operators

407 Duty to close and lock — partners and lessees

408 Temporary use or control

409 Uncontrolled restricted area access point

410 Preventing locking

411 Emergency exits

Unauthorized Access

412 Prohibition

DIVISION 7

RESERVED

DIVISION 8

AIRPORT SECURITY PROGRAMS

Overview

415 Division overview

Interpretation

416 Processes and procedures

Airport Security Program Requirements

417 Requirement to establish and implement

Documentation

431 Compliance with Act and regulatory requirements

Amendments

437 Requirement to amend

Security Committee

438 Security committee

Corrective Actions

440 Corrective actions

441 Corrective action plan

Primary Security Line Partners

442 Provision of information to operators of aerodromes

Disclosure of Information

445 Prohibition

DIVISION 9

RESERVED

DIVISION 10

RESERVED

PART 7

OTHER AERODROMES

OVERVIEW

466 Part overview

DIVISION 1

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

467 Application

468 Authorization

DIVISION 2

THREATS AND INCIDENTS

Application

469 Application

Threat Response

470 Area under operator’s control

471 Area under control of other person

472 Specific threats

473 Duties of other person

474 Threats identified by other person

Information Reporting

475 Security incidents

476 Commercial air service information

PART 8

AIRCRAFT SECURITY

OVERVIEW

482 Part overview

WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

483 Weapons

484 Transport of loaded firearms

485 Transport of unloaded firearms

486 Storage of unloaded firearms

487 Provision of alcoholic beverages

488 Authorizations for peace officers

489 Requirement to inform

490 Unloaded firearm authorizations — air carriers

PERSONS IN THE CUSTODY OF AN ESCORT OFFICER

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

492 Peace officer duties

493 Consumption of alcoholic beverages

494 Provision of alcoholic beverages

495 Seating of persons in custody

THREAT RESPONSE AND INFORMATION REPORTING

Threat Response

496 Threat to aircraft — air carriers

497 Specific threat to aircraft — air carriers

498 Threat to facility or aerodrome — air carriers

499 Specific threat to facility or aerodrome — air carriers

Reporting of Security Incidents

500 Notification of Minister

Security Information

501 Provision to Minister

502 Duty of service providers

PART 9

RESERVED

PART 10

RESERVED

PART 11

RESERVED

PART 12

RESERVED

PART 13

MINISTERIAL POWERS AND DUTIES

OVERVIEW

569 Part overview

IDENTITY VERIFICATION SYSTEM

570 Disclosure of information

571 Deactivation request

PART 14

DESIGNATED PROVISIONS

OVERVIEW

578 Part overview

DESIGNATED PROVISIONS

579 Designated provisions

580 Designation of security measure provisions

NOTICE OF CONTRAVENTION

581 Notice requirements

PART 15

CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS,
REPEAL AND COMING INTO FORCE

CONSEQUENTIAL AMENDMENTS TO THE DESIGNATED PROVISIONS REGULATIONS

582 Repeal — Section 3

583 Repeal — Schedule 2

584 Repeal — Schedule 4

TRANSITIONAL AMENDMENTS

585 Operators of class 1 aerodromes

586 Operators of class 2 aerodromes

587 Operators of class 3 aerodromes

REPEAL

588 

COMING INTO FORCE

589 Registration

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

CANADIAN AVIATION SECURITY REGULATIONS

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:

  • (a) Part 1 deals with screening authorities and the screening of persons and goods at aerodromes;
  • (b) Part 2 deals with other air transport security functions of CATSA;
  • (c) Part 3 deals with weapons, explosive substances and incendiary devices;
  • (d) Part 4 deals with security at aerodromes listed in Schedule 1;
  • (e) Part 5 deals with security at aerodromes listed in Schedule 2;
  • (f) Part 6 deals with security at aerodromes listed in Schedule 3;
  • (g) Part 7 deals with security at other aerodromes;
  • (h) Part 8 deals with aircraft security;
  • (i) Part 9 is reserved;
  • (j) Part 10 is reserved;
  • (k) Part 11 is reserved;
  • (l) Part 12 is reserved;
  • (m) Part 13 sets out ministerial powers and duties; and
  • (n) Part 14 sets out an administrative monetary penalty scheme for the contravention of certain aviation security provisions of the Act, 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 of numbers or letters, or both, 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

  • (a) a peace officer; and
  • (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

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

  • (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;
  • (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
  • (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

  • (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;
  • (b) a member of the Royal Canadian Mounted Police, a police officer or a police constable;
  • (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;
  • (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
  • (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 of numbers or letters, or both, 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

  • (a) these Regulations;
  • (b) any other aviation security regulations;
  • (c) a security measure; or
  • (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 their 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 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:

  • (a) passengers who have been screened;
  • (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
  • (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 Lists, published by the Department of Transport in December 2006, 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.

INTERPRETATION

Section 4.85 of the Act

5. This Part must be read in conjunction with section 4.85 of the Act, which sets out several prohibitions respecting screening.

SCREENING OFFICERS

Requirements

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

  • (a) is at least 18 years of age;
  • (b) is a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
  • (c) is able to express themselves effectively both orally and in writing in one or both official languages;
  • (d) has a security clearance; and
  • (e) meets the minimum standards set out in the Designation Standards for Screening Officers, published by the Department of Transport in January 2000, 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

7. 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

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

8. (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 48(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

9. 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

10. Sections 11 to 14 apply in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations.

Prohibited items

11. (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

  • (a) are listed or described in the general list of prohibited items; or
  • (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

12. 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

13. 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

14. 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

15. 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

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

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

REPORTING OF SECURITY INCIDENTS

Item at checkpoint

17. (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 48(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 when any of the following is detected in checked baggage:

  • (a) a loaded firearm;
  • (b) an explosive substance, other than ammunition; or
  • (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

18. A screening authority must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or other information relevant to the security of its screening operations, including

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

[19 to 24 reserved]

PART 2

OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA

OVERVIEW

Part overview

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

IDENTITY VERIFICATION SYSTEM

System requirements

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

  • (a) that a person in possession of a restricted area identity card is the person to whom the card has been issued; and
  • (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 biometric data provided by the person and a biometric template stored on the restricted area identity card.

Database backup

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

Disclosure of information

28. (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

29. (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 templates for a purpose other than

  • (a) monitoring the quality of biometric templates; or
  • (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

30. 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

31. 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

32. 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

33. (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:

  • (a) to receive security clearance information from the Minister;
  • (b) to activate and deactivate restricted area identity cards; and
  • (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 it 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

34. (1) CATSA must keep updated records respecting

  • (a) restricted area identity cards that have been activated;
  • (b) restricted area identity cards that have been deactivated;
  • (c) deactivated restricted area identity cards that have not been retrieved;
  • (d) restricted area identity cards that have been reported as lost or stolen;
  • (e) blank restricted area identity cards distributed to operators of aerodromes; and
  • (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.

[35 to 45 reserved]

PART 3

WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

OVERVIEW

Part overview

46. 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

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

  • (a) a weapon;
  • (b) a model or replica of a weapon;
  • (c) an explosive substance; and
  • (d) an incendiary device.

Prohibition — carriage, transportation and access

48. (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 490(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 490(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 490(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 55, 221, 370 or 468 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

49. (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:

  • (a) a peace officer who is authorized by the air carrier under section 488;
  • (b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 490(1); and
  • (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 490(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 490(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:

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

TRANSPORT AND TENDERING FOR TRANSPORTATION

General prohibition

50. (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:

  • (a) a loaded firearm;
  • (b) an explosive substance other than ammunition; and
  • (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

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

  • (a) they are 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 their possession or control or in goods that they have tendered or are tendering for screening or transportation; or
  • (b) another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

PART 4

CLASS 1 AERODROMES

OVERVIEW

Part overview

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

APPLICATION

Application

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

DIVISION 1

PROHIBITED ITEMS

Overview

Division overview

54. 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

55. The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

  • (a) the explosive substance or incendiary device is to be used at the aerodrome
    • (i) for excavation, demolition or construction,
    • (ii) in fireworks displays,
    • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,
    • (iv) by a police service, or
    • (v) by military personnel; and
    (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

[56 and 57 reserved]

DIVISION 2

THREATS AND INCIDENTS

Overview

Division overview

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

Threat Response

Area under operator’s control

59. 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 its 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

60. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

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

Specific threats

61. 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

62. A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

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

Threats identified by other person

63. If it is determined under paragraph 16(b), 60(b) or 62(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

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

  • (a) the discovery at the aerodrome of a weapon, explosive substance or incendiary device that is not permitted under subsection 48(2);
  • (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, construction or the use of fireworks displays;
  • (c) a specific threat against the aerodrome; and
  • (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Commercial air service information

65. 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

[66 to 77 reserved]

DIVISION 4

PERSONNEL AND TRAINING

Overview

Division overview

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

[79 and 80 reserved]

Security Official — Aerodrome

Interpretation

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

  • (a) coordinating and overseeing security controls and procedures at the aerodrome; and
  • (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Requirement

82. (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

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

Security Official — Primary Security Line Partner

Interpretation

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

  • (a) coordinating and overseeing the carrying out of the regulatory requirements that apply to the partner under this Part; and
  • (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

84. (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

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

[85 to 87 reserved]

DIVISION 5

RESERVED

[88 to 94 reserved]

DIVISION 6

ACCESS CONTROLS

Overview

Division overview

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

Signs

Sign requirements

96. (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

  • (a) be in at least both official languages;
  • (b) identify the restricted area as a restricted area; and
  • (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

Prohibition

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

Doors, Gates, Emergency Exits and Other Devices

Duty to close and lock — operators

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

  • (a) the operator has control of and responsibility for the door, gate or other device; and
  • (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

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

Duty to close and lock — partners and lessees

99. (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

  • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and
  • (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

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

Temporary use or control

100. 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

101. 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

  • (a) lock the door, gate or other device that allows access to or from the restricted area; and
  • (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

102. 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

103. 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

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

Unauthorized Access

Prohibition

104. (1) Subject to subsection (2), 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 trespassing is prohibited or that entry is limited to authorized persons.

Exception

(2) The operator of an aerodrome or 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

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

DIVISION 7

RESERVED

[105 and 106 reserved]

DIVISION 8

ENHANCED ACCESS CONTROLS

Overview

Division overview

107. This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 26.

Identity Verification System

Disclosure of information

108. (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

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

  • (a) the full name of the person to whom the card is issued;
  • (b) the person’s height;
  • (c) a photograph depicting a frontal view of the person’s face;
  • (d) the expiry date of the card;
  • (e) the name of the aerodrome where the card is issued;
  • (f) the name of the person’s employer, if the person has a single employer;
  • (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer;
  • (h) the person’s occupation, if that person has a single occupation; and
  • (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) All information that is displayed on a restricted area identity card must be in both official languages.

Issue of Restricted Area Identity Cards

Issuance criteria

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

  • (a) applies in writing;
  • (b) is sponsored in writing by their employer;
  • (c) has a security clearance;
  • (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and
  • (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

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

Sponsorship

112. An employer must not

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

Issuance of multiple cards

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

Replacement of cards

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

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

Requirement to inform

115. 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

116. (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:

  • (a) the applicant’s full name;
  • (b) the applicant’s height;
  • (c) a photograph depicting a frontal view of the applicant’s face;
  • (d) the applicant’s fingerprint images and iris images;
  • (e) the name of the applicant’s employer; and
  • (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

117. 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

118. 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

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

  • (a) the card expires;
  • (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
  • (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 it asks CATSA to deactivate a restricted area identity card.

Change in employment

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

  • (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
  • (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

121. 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

122. (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

123. 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

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

124. 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

125. 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, removal or taking back

126. The operator of an aerodrome must cancel, remove or take back a key, combination code or personal identification code that has been issued or assigned to a person who has been issued a restricted area identity card, if

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

Records

General requirement

127. (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to administer combination codes or personal identification codes must keep updated records at the aerodrome respecting

  • (a) restricted area identity cards and keys that have been issued;
  • (b) the names of the persons to whom restricted area identity cards or keys have been issued;
  • (c) the names of the persons to whom combination codes or personal identification codes have been assigned;
  • (d) blank restricted area identity cards in the operator’s possession;
  • (e) restricted area identity cards that have been deactivated;
  • (f) keys, combination codes or personal identification codes that have been cancelled, removed or taken back;
  • (g) deactivated restricted area identity cards that have not been retrieved by the operator;
  • (h) restricted area identity cards that have been reported as lost or stolen;
  • (i) steps taken to retrieve deactivated restricted area identity cards; and
  • (j) compliance with section 115.

Deactivated cards

(2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for a period of 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 a period of 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

128. 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

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

  • (a) is a person to whom a restricted area identity card has been issued; or
  • (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

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

  • (a) they are acting in the course of their employment;
  • (b) the card is in their possession;
  • (c) the card is active; and
  • (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

131. 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

132. 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

  • (a) an active restricted area identity card that has been issued to the person; or
  • (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

133. (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 132 in the event that it 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 132.

Notification of delay

(3) The operator of the aerodrome must immediately notify the Minister if it discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 132.

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

134. The operator of an aerodrome must regularly back up any database that it uses as part of the identity verification system.

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

General prohibitions

135. (1) A person must not

  • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;
  • (b) use a restricted area identity card or a key that has been issued to them to provide access to a restricted area to another person without authorization from the operator of an aerodrome;
  • (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;
  • (d) use a restricted area identity card or a key that has been issued to another person;
  • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;
  • (f) use a counterfeit restricted area identity card or a counterfeit key; or
  • (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

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

Report of loss or theft

136. (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

137. 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

138. 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

139. (1) A person in possession of a restricted area identity card who is in a restricted area must, on demand, present the card to the Minister, the operator of an 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

140. (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

  • (a) the card has expired or has been reported as lost or stolen;
  • (b) the card has been deactivated; or
  • (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

  • (a) the card has expired or has been reported as lost or stolen;
  • (b) the card has been deactivated; or
  • (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

  • (a) the card has expired or has been reported as lost or stolen; or
  • (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

141. 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

142. 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 140(2)(c).

Escort and Surveillance

General requirement

143. (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

  • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or
  • (b) in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance, is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them.

Exceptions

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

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

Escort ratio

144. (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

145. (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

146. 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

147. (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 144.

Escort conveyances

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

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

Inspectors

Exemption

149. 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

150. 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

151. 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

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

152. (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

  • (a) is acting in the course of their employment;
  • (b) does not escort more than 10 persons at one time; and
  • (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

  • (a) remain with the person; and
  • (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

153. 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

154. 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

155. (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 an aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups;
  • (b) establish and implement a process for communicating the information referred to in paragraph (a) to those employees;
  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  • (d) establish and implement — to foster an awareness of the objectives referred to in paragraph (c) — a process for communicating the security policy statement in an accessible manner to all persons who are employed at the aerodrome or require access to it in the course of their employment;
  • (e) establish and implement a process for developing corrective actions that can be implemented to mitigate aerodrome-related security risks, incidents and breaches;
  • (f) develop and implement corrective actions to mitigate aerodrome-related security risks, incidents and breaches;
  • (g) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
  • (h) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    • (i) persons who are employed at the aerodrome,
    • (ii) crew members who are based at the aerodrome, and
    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
    (i) establish and implement, for the purpose of informed decision-making about aviation security, a process for receiving, assessing and disseminating risk information within the operator’s organization;
  • (j) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  • (k) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security to protect that information from unauthorized access;
  • (l) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  • (m) 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:
    • (i) persons who are employed at the aerodrome, and
    • (ii) persons who require access to the aerodrome in the course of their employment; and
    (n) 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.

[156 to 168 reserved]

Documentation

Compliance with Act and regulatory requirements

169. (1) 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 the operator.

Ministerial access

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

[170 to 174 reserved]

Amendments

Requirement to amend

175. (1) The operator of an aerodrome must amend its airport security program if the operator

  • (a) is directed to do so by the Minister; or
  • (b) identifies an aviation security risk at the aerodrome that is not mitigated by the program.

Requirement to direct

(2) The Minister must direct the operator of an aerodrome to amend its airport security program if the Minister identifies an aviation security risk at the aerodrome that is not mitigated by the program.

Security Committee

Security committee

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

  • (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;
  • (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
  • (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

  • (a) identify its membership; and
  • (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.

[177 reserved]

Corrective Actions

Corrective actions

178. The operator of an aerodrome must immediately take corrective actions to mitigate an aviation security risk at the aerodrome that is identified to the operator by the Minister.

Corrective action plan

179. (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

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

[180 to 184 reserved]

Disclosure of Information

Prohibition

185. 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

[186 to 195 reserved]

DIVISION 11

PRIMARY SECURITY LINE PARTNERS

Overview

Division overview

196. 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

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

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of its employee groups that requires access to restricted areas at the aerodrome in the course of their employment;
  • (b) communicate the information referred to in paragraph (a) to those employees and document how that information is communicated;
  • (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;
  • (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;
  • (e) create a document that
    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    • (ii) indicates the location of each restricted area access point in those areas, and
    • (iii) describes those restricted area access points; and
    (f) document how the partner receives, retains, discloses and disposes of sensitive information respecting aerodrome security to protect that information from unauthorized disclosure.

[198 to 202 reserved]

Provision of Information

Provision to operator of aerodrome

203. (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 197 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.

[204 and 205 reserved]

Corrective Actions

Corrective actions

206. A primary security line partner must immediately take corrective actions to mitigate 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

207. (1) If a corrective action in respect of an aerodrome-related security risk 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

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

DIVISION 12

RESERVED

[208 to 217 reserved]

PART 5

CLASS 2 AERODROMES

OVERVIEW

Part overview

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

APPLICATION

Application

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

DIVISION 1

PROHIBITED ITEMS

Overview

Division overview

220. 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

221. The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

  • (a) the explosive substance or incendiary device is to be used at the aerodrome
    • (i) for excavation, demolition or construction,
    • (ii) in fireworks displays,
    • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,
    • (iv) by a police service, or
    • (v) by military personnel; and
    (b) the operator has reasonable grounds to believe that the safety of the aerodrome and persons and the safety of aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

[222 and 223 reserved]

DIVISION 2

THREATS AND INCIDENTS

Overview

Division overview

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

Threat Response

Area under operator’s control

225. 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 its 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

226. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

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

Specific threats

227. 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

228. A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

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

Threats identified by other person

229. If it is determined under paragraph 16(b), 226(b) or 228(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

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

  • (a) the discovery at the aerodrome of a weapon, explosive substance or incendiary device that is not permitted under subsection 48(2);
  • (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, construction or the use of fireworks displays;
  • (c) a specific threat against the aerodrome; and
  • (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Commercial air service information

231. 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

[232 to 237 reserved]

DIVISION 4

PERSONNEL AND TRAINING

Overview

Division overview

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

[239 and 240 reserved]

Security Official — Aerodrome

Interpretation

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

  • (a) coordinating and overseeing security controls and procedures at the aerodrome; and
  • (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Requirement

242. (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

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

[243 to 247 reserved]

DIVISION 5

RESERVED

[248 to 254 reserved]

DIVISION 6

ACCESS CONTROLS

Overview

Division overview

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

Signs

Sign requirements

256. (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

  • (a) be in at least both official languages;
  • (b) identify the restricted area as a restricted area; and
  • (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

Prohibition

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

Doors, Gates, Emergency Exits and Other Devices

Duty to close and lock — operators

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

  • (a) the operator has control of and responsibility for the door, gate or other device; and
  • (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

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

Duty to close and lock — partners and lessees

259. (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

  • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and
  • (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

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

Temporary use or control

260. 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

261. 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

  • (a) lock the door, gate or other device that allows access to or from the restricted area; and
  • (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

262. 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

263. 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

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

Unauthorized Access

Prohibition

264. (1) Subject to subsection (2), 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 trespassing is prohibited or that entry is limited to authorized persons.

Exception

(2) The operator of an aerodrome or 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

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

DIVISION 7

RESERVED

[265 and 266 reserved]

DIVISION 8

ENHANCED ACCESS CONTROLS

Overview

Division overview

267. This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 26.

Identity Verification System

Disclosure of information

268. (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

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

  • (a) the full name of the person to whom the card is issued;
  • (b) the person’s height;
  • (c) a photograph depicting a frontal view of the person’s face;
  • (d) the expiry date of the card;
  • (e) the name of the aerodrome where the card is issued;
  • (f) the name of the person’s employer, if the person has a single employer;
  • (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer;
  • (h) the person’s occupation, if that person has a single occupation; and
  • (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) All information that is displayed on a restricted area identity card must be in both official languages.

Issue of Restricted Area Identity Cards

Issuance criteria

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

  • (a) applies in writing;
  • (b) is sponsored in writing by their employer;
  • (c) has a security clearance;
  • (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and
  • (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

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

Sponsorship

272. An employer must not

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

Issuance of multiple cards

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

Replacement of cards

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

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

Requirement to inform

275. 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

276. (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:

  • (a) the applicant’s full name;
  • (b) the applicant’s height;
  • (c) a photograph depicting a frontal view of the applicant’s face;
  • (d) the applicant’s fingerprint images and iris images;
  • (e) the name of the applicant’s employer; and
  • (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

277. 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

278. 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

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

  • (a) the card expires;
  • (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
  • (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 it asks CATSA to deactivate a restricted area identity card.

Change in employment

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

  • (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
  • (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

281. 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

282. (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

283. 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

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

284. 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

285. 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, removal or taking back

286. The operator of an aerodrome must cancel, remove or take back a key, combination code or personal identification code that has been issued or assigned to a person who has been issued a restricted area identity card if

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

Records

General requirement

287. (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to administer combination codes or personal identification codes must keep updated records at the aerodrome respecting

  • (a) restricted area identity cards and keys that have been issued;
  • (b) the names of the persons to whom restricted area identity cards or keys have been issued;
  • (c) the names of the persons to whom combination codes or personal identification codes have been assigned;
  • (d) blank restricted area identity cards in the operator’s possession;
  • (e) restricted area identity cards that have been deactivated;
  • (f) keys, combination codes or personal identification codes that have been cancelled, removed or taken back;
  • (g) deactivated restricted area identity cards that have not been retrieved by the operator;
  • (h) restricted area identity cards that have been reported as lost or stolen;
  • (i) steps taken to retrieve deactivated restricted area identity cards; and
  • (j) compliance with section 275.

Deactivated cards

(2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for a period of 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 a period of 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

288. 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

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

  • (a) is a person to whom a restricted area identity card has been issued; or
  • (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

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

  • (a) they are acting in the course of their employment;
  • (b) the card is in their possession;
  • (c) the card is active; and
  • (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

291. 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

292. 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

  • (a) an active restricted area identity card that has been issued to the person; or
  • (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

293. (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 292 in the event that it 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 292.

Notification of delay

(3) The operator of the aerodrome must immediately notify the Minister if it discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 292.

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

294. The operator of an aerodrome must regularly back up any database that it uses as part of the identity verification system.

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

General prohibitions

295. (1) A person must not

  • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;
  • (b) use a restricted area identity card or a key that has been issued to them to provide access to a restricted area to another person without authorization from the operator of an aerodrome;
  • (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;
  • (d) use a restricted area identity card or a key that has been issued to another person;
  • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;
  • (f) use a counterfeit restricted area identity card or a counterfeit key; or
  • (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

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

Report of loss or theft

296. (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

297. 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

298. 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

299. (1) A person in possession of a restricted area identity card who is in a restricted area must, on demand, present the card to the Minister, the operator of an 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

300. (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

  • (a) the card has expired or has been reported as lost or stolen;
  • (b) the card has been deactivated; or
  • (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

  • (a) the card has expired or has been reported as lost or stolen;
  • (b) the card has been deactivated; or
  • (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

  • (a) the card has expired or has been reported as lost or stolen; or
  • (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

301. 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

302. 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 300(2)(c).

Escort and Surveillance

General requirement

303. (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

  • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or
  • (b) in the case of an area the limits of which are defined for a specific purpose such as construction or maintenance, is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them.

Exceptions

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

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

Escort ratio

304. (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

305. (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

306. 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

307. (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 304.

Escort conveyances

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

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

Inspectors

Exemption

309. 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

310. 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

311. 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

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

312. (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

  • (a) is acting in the course of their employment;
  • (b) does not escort more than 10 persons at one time; and
  • (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

  • (a) remain with the person; and
  • (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

313. 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

314. 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

315. (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 an aerodrome must

  • (a) define and document the assigned aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups;
  • (b) establish and implement a process for communicating the information referred to in paragraph (a) to those employees;
  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  • (d) establish and implement — to foster an awareness of the objectives referred to in paragraph (c) — a process for communicating the security policy statement in an accessible manner to all persons who are employed at the aerodrome or require access to it in the course of their employment;
  • (e) establish and implement a process for developing corrective actions that can be implemented to mitigate aerodrome-related security risks, incidents and breaches;
  • (f) develop and implement corrective actions to mitigate aerodrome-related security risks, incidents and breaches;
  • (g) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
  • (h) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    • (i) persons who are employed at the aerodrome,
    • (ii) crew members who are based at the aerodrome, and
    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
    (i) establish and implement, for the purpose of informed decision-making about aviation security, a process for receiving, assessing and disseminating risk information within the operator’s organization;
  • (j) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  • (k) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security to protect that information from unauthorized access;
  • (l) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  • (m) 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:
    • (i) persons who are employed at the aerodrome, and
    • (ii) persons who require access to the aerodrome in the course of their employment; and
    (n) 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.

[316 to 328 reserved]

Documentation

Compliance with Act and regulatory requirements

329. (1) 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 the operator.

Ministerial access

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

[330 to 334 reserved]

Amendments

Requirement to amend

335. (1) The operator of an aerodrome must amend its airport security program if the operator

  • (a) is directed to do so by the Minister; or
  • (b) identifies an aviation security risk at the aerodrome that is not mitigated by the program.

Requirement to direct

(2) The Minister must direct the operator of an aerodrome to amend its airport security program if the Minister identifies an aviation security risk at the aerodrome that is not mitigated by the program.

Security Committee

Security committee

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

  • (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;
  • (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
  • (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

  • (a) identify its membership; and
  • (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.

[337 reserved]

Corrective Actions

Corrective actions

338. The operator of an aerodrome must immediately take corrective actions to mitigate an aviation security risk at the aerodrome that is identified to the operator by the Minister.

Corrective action plan

339. (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

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

Primary Security Line Partners

Provision of information to operators of aerodromes

340. (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with

  • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and
  • (b) a document that
    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    • (ii) indicates the location of each restricted area access point in those areas, and
    • (iii) describes those restricted area access points.

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.

[341 to 345 reserved]

Disclosure of Information

Prohibition

346. 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

[347 to 356 reserved]

DIVISION 11

RESERVED

[357 to 366 reserved]

PART 6

CLASS 3 AERODROMES

OVERVIEW

Part overview

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

APPLICATION

Application

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

DIVISION 1

PROHIBITED ITEMS

Overview

Division overview

369. 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

370. The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

  • (a) the explosive substance or incendiary device is to be used at the aerodrome
    • (i) for excavation, demolition or construction,
    • (ii) in fireworks displays,
    • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,
    • (iv) by a police service, or
    • (v) by military personnel; and
    (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

[371 and 372 reserved]

DIVISION 2

THREATS AND INCIDENTS

Overview

Division overview

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

Threat Response

Area under operator’s control

374. 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 its 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

375. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

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

Specific threats

376. 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 persons

377. A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

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

Threats identified by other persons

378. If it is determined under paragraph 16(b), 375(b) or 377(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

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

  • (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 48(2);
  • (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, construction or the use of fireworks displays;
  • (c) a specific threat against the aerodrome; and
  • (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Commercial air service information

380. 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

[381 to 386 reserved]

DIVISION 4

PERSONNEL AND TRAINING

Overview

Division overview

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

[388 and 389 reserved]

Security Official — Aerodrome

Interpretation

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

  • (a) coordinating and overseeing security controls and procedures at the aerodrome; and
  • (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Requirement

391. (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

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

[392 to 396 reserved]

DIVISION 5

RESERVED

[397 to 402 reserved]

DIVISION 6

ACCESS CONTROLS

Overview

Division overview

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

[404 reserved]

Restricted Area Access Points

Prohibition

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

Doors, Gates, Emergency Exits and Other Devices

Duty to close and lock — operators

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

  • (a) the operator has control of and responsibility for the door, gate or other device; and
  • (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

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

Duty to close and lock — partners and lessees

407. (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

  • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and
  • (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

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

Temporary use or control

408. 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

409. 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

  • (a) lock the door, gate or other device that allows access to or from the restricted area; and
  • (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

410. 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

411. 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

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

Unauthorized Access

Prohibition

412. (1) Subject to subsection (2), 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 trespassing is prohibited or that entry is limited to authorized persons.

Exception

(2) The operator of an aerodrome or 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

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

DIVISION 7

RESERVED

[413 and 414 reserved]

DIVISION 8

AIRPORT SECURITY PROGRAMS

Overview

Division overview

415. 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

416. 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

417. (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 an aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups;
  • (b) establish and implement a process for communicating the information referred to in paragraph (a) to those employees;
  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  • (d) establish and implement — to foster an awareness of the objectives referred to in paragraph (c) — a process for communicating the security policy statement in an accessible manner to all persons who are employed at the aerodrome or require access to it in the course of their employment;
  • (e) establish and implement a process for developing corrective actions that can be implemented to mitigate aerodrome-related security risks, incidents and breaches;
  • (f) develop and implement corrective actions to mitigate aerodrome-related security risks, incidents and breaches;
  • (g) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
  • (h) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    • (i) persons who are employed at the aerodrome,
    • (ii) crew members who are based at the aerodrome, and
    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
    (i) establish and implement, for the purpose of informed decision-making about aviation security, a process for receiving, assessing and disseminating risk information within the operator’s organization;
  • (j) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  • (k) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security to protect that information from unauthorized access;
  • (l) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  • (m) 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:
    • (i) persons who are employed at the aerodrome, and
    • (ii) persons who require access to the aerodrome in the course of their employment; and
    (n) 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.

[418 to 430 reserved]

Documentation

Compliance with Act and regulatory requirements

431. (1) 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 the operator.

Ministerial access

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

[432 to 436 reserved]

Amendments

Requirement to amend

437. (1) The operator of an aerodrome must amend its airport security program if the operator

  • (a) is directed to do so by the Minister; or
  • (b) identifies an aviation security risk at the aerodrome that is not mitigated by the program.

Requirement to direct

(2) The Minister must direct the operator of an aerodrome to amend its airport security program if the Minister identifies an aviation security risk at the aerodrome that is not mitigated by the program.

Security Committee

Security committee

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

  • (a) advises the operator on the development of 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;
  • (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
  • (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

  • (a) identify its membership; and
  • (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’s activities and make the records available to the Minister on reasonable notice given by the Minister.

[439 reserved]

Corrective Actions

Corrective actions

440. The operator of an aerodrome must immediately take corrective actions to mitigate an aviation security risk at the aerodrome that is identified to the operator by the Minister.

Corrective action plan

441. (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

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

Primary Security Line Partners

Provision of information to operators of aerodromes

442. (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 an aerodrome must, on reasonable notice given by the operator, provide the operator with

  • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and
  • (b) a document that
    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    • (ii) indicates the location of each restricted area access point in those areas, and
    • (iii) describes those restricted area access points.

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.

[443 and 444 reserved]

Disclosure of Information

Prohibition

445. 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

[446 to 455 reserved]

DIVISION 10

RESERVED

[456 to 465 reserved]

PART 7

OTHER AERODROMES

OVERVIEW

Part overview

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

DIVISION 1

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

Application

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

Authorization

468. The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or incendiary device at the aerodrome if

  • (a) the explosive substance or incendiary device are to be used at the aerodrome
    • (i) for excavation, demolition or construction,
    • (ii) in fireworks displays,
    • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,
    • (iv) by a police service, or
    • (v) by military personnel; and
    (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device at the aerodrome.

DIVISION 2

THREATS AND INCIDENTS

Application

Application

469. 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

470. 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 its 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

471. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

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

Specific threats

472. 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

473. A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

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

Threats identified by other person

474. If it is determined under paragraph 16(b), 471(b) or 473(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

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

  • (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 48(2);
  • (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, construction or the use of fireworks displays;
  • (c) a specific threat against the aerodrome; and
  • (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Commercial air service information

476. 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.

[477 to 481 reserved]

PART 8

AIRCRAFT SECURITY

OVERVIEW

Part overview

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

WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

Weapons

483. (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 them to do so under section 488 or 490.

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

484. (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

485. 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

486. 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.

Provision of alcoholic beverages

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

Authorizations for peace officers

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

  • (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;
  • (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;
  • (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;
  • (d) the peace officer completes the form used by the air carrier to authorize the carriage of a firearm on board an aircraft; and
  • (e) the air carrier verifies the identification referred to in paragraph (c)
    • (i) before the peace officer enters a restricted area from which the officer may board the aircraft, or
    • (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

489. (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier must, before departure,

  • (a) inform the pilot-in-command of the aircraft by means of the form referred to in paragraph 488(d); and
  • (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 not reveal the presence of the peace officer.

Unloaded firearm authorizations — air carriers

490. (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:

  • (a) the pilot-in-command of the aircraft; and
  • (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”

491. (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

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

  • (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
  • (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

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

  • (a) remain with the person at all times;
  • (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;
  • (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
  • (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 their 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

  • (a) remain with the person at all times;
  • (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
    • (i) before the escort officer and the person enter a restricted area from which they may board the aircraft, or
    • (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;
    (c) search the area surrounding the aircraft seat assigned to the person in custody for weapons or other items that could be used to jeopardize flight safety; and
  • (d) carry restraining devices that can be used to restrain the person, if necessary.

Consumption of alcoholic beverages

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

Provision of alcoholic beverages

494. An air carrier must not provide any alcoholic beverage to a person in custody or to an escort officer who is escorting the person on board an aircraft.

Seating of persons in custody

495. 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

496. (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

497. (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

  • (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;
  • (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
  • (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

  • (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;
  • (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
  • (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

498. (1) An air carrier that is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under its 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 its 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

499. (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 its 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 its 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

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

  • (a) the hijacking or attempted hijacking of an aircraft;
  • (b) the discovery, on board an aircraft, of a weapon, other than an unloaded firearm that the air carrier authorized under section 488 or subsection 490(1);
  • (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device for which there was no notice in accordance with subsection 50(3);
  • (d) an explosion on an aircraft, unless the explosion is known to be the result of an accident;
  • (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
  • (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 48(2), is detected in any part of the aerodrome that is under the air carrier’s control.

Security Information

Provision to Minister

501. An air carrier must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or other information relevant to the security of its operations, including

  • (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the air carrier; and
  • (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

502. A person who provides a service to an air carrier 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 other information relevant to the security of the air carrier’s operations, including

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

[503 to 512 reserved]

PART 9

RESERVED

[513 to 522 reserved]

PART 10

RESERVED

[523 to 532 reserved]

PART 11

RESERVED

[533 to 542 reserved]

PART 12

RESERVED

[543 to 568 reserved]

PART 13

MINISTERIAL POWERS AND DUTIES

OVERVIEW

Part overview

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

IDENTITY VERIFICATION SYSTEM

Disclosure of information

570. 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 26.

Deactivation request

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

  • (a) the Minister is notified under section 120 or 280; or
  • (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).

[572 to 577 reserved]

PART 14

DESIGNATED PROVISIONS

OVERVIEW

Part overview

578. This Part allows the enforcement, by means of administrative monetary penalties, of

  • (a) the aviation security provisions of the Act that are set out in Schedule 4;
  • (b) the provisions of these Regulations that are set out in Schedule 5; and
  • (c) the provisions of any security measure.

DESIGNATED PROVISIONS

Designated provisions

579. (1) A provision set out in column 1 of Schedule 4 or 5 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 or 5 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

580. (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

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

NOTICE OF CONTRAVENTION

Notice requirements

581. A notice referred to in subsection 7.7(1) of the Act must specify

  • (a) the particulars of the alleged contravention;
  • (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
  • (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
  • (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
  • (e) that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

PART 15

CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS,
REPEAL AND COMING INTO FORCE

CONSEQUENTIAL AMENDMENTS TO THE DESIGNATED PROVISIONS REGULATIONS

Repeal — Section 3

582. Section 3 of the Designated Provisions Regulations (see footnote 2) is repealed.

Repeal — Schedule 2

583. Schedule 2 to the Regulations is repealed.

Repeal — Schedule 4

584. Schedule 4 to the Regulations is repealed.

TRANSITIONAL AMENDMENTS

Operators of class 1 aerodromes

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

  • (a) section 82;
  • (b) subsection 155(1) and paragraphs 155(2)(a) to (e) and (g) to (n);
  • (c) section 169; and
  • (d) subsection 175(1).

Primary security line partners at class 1 aerodromes

(2) The following provisions do not apply to a primary security line partner at an aerodrome listed in Schedule 1 until the day that is four months after the day on which these Regulations come into force:

  • (a) section 84;
  • (b) section 197;
  • (c) section 203; and
  • (d) sections 206 and 207.

Operators of class 2 aerodromes

586. (1) The following provisions do not apply to the operator of an aerodrome listed in Schedule 2 until the day that is nine months after the day on which these Regulations come into force:

  • (a) section 242;
  • (b) subsection 315(1) and paragraphs 315(2)(a) to (e) and (g) to (n);
  • (c) section 329; and
  • (d) subsection 335(1).

Primary security line partners at class 2 aerodromes

(2) Section 340 does not apply to a primary security line partner at an aerodrome listed in Schedule 2 until the day that is nine months after the day on which these Regulations come into force.

Operators of class 3 aerodromes

587. (1) The following provisions do not apply to the operator of an aerodrome listed in Schedule 3 until the day that is 12 months after the day on which these Regulations come into force:

  • (a) section 391;
  • (b) subsection 417(1) and paragraphs 417(2)(a) to (e) and (g) to (n);
  • (c) section 431; and
  • (d) subsection 437(1).

Primary security line partners at class 3 aerodromes

(2) Section 442 does not apply to a primary security line partner at an aerodrome listed in Schedule 3 until the day that is 12 months after the day on which these Regulations come into force.

REPEAL

588. The Canadian Aviation Security Regulations (see footnote 3) are repealed.

COMING INTO FORCE

Registration

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

SCHEDULE 1
(Paragraph 2(d) and sections 3, 7, 52, 53, 466, 467, 469 and 585)

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, 218, 219, 466, 467, 469 and 586)

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 367, 368, 466, 467, 469 and 587)

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 578 and 579)

DESIGNATED PROVISIONS OF THE ACT

Column 1

Designated Provision

Column 2
Maximum Amount Payable ($) Individual

Column 3
Maximum Amount Payable ($) Corporation

Paragraph 4.85(1)(a)

5,000

 

Paragraph 4.85(1)(b)

5,000

 

Subsection 4.85(3)

5,000

25,000

SCHEDULE 5
(Sections 578 and 579)

DESIGNATED PROVISIONS OF THESE REGULATIONS

Column 1

Designated Provision

Column 2
Maximum Amount Payable ($) Individual

Column 3
Maximum Amount Payable ($) Corporation

PART 1

   

Subsection 6(1)

5,000

 

Subsection 6(2)

5,000

25,000

Paragraph 7(a)

3,000

10,000

Paragraph 7(b)

3,000

10,000

Subsection 11(1)

5,000

25,000

Subsection 11(2)

5,000

25,000

Section 15

5,000

 

Paragraph 16(a)

5,000

25,000

Paragraph 16(b)

5,000

25,000

Subsection 17(1)

3,000

10,000

Subsection 17(3)

3,000

10,000

Subsection 17(4)

3,000

10,000

Section 18

5,000

25,000

PART 2

   

Subsection 26(1)

 

25,000

Subsection 26(2)

 

25,000

Section 27

 

25,000

Subsection 28(2)

 

25,000

Subsection 29(1)

 

25,000

Subsection 29(2)

 

25,000

Section 30

 

25,000

Section 31

 

25,000

Section 32

 

25,000

Subsection 33(1)

 

25,000

Subsection 33(2)

 

25,000

Subsection 33(3)

 

25,000

Subsection 33(4)

 

25,000

Subsection 34(1)

 

25,000

Subsection 34(2)

 

25,000

PART 3

   

Section 47

5,000

25,000

PART 4

   

Section 59

5,000

25,000

Paragraph 60(a)

5,000

25,000

Paragraph 60(b)

5,000

25,000

Section 61

5,000

25,000

Paragraph 62(a)

5,000

25,000

Paragraph 62(b)

5,000

25,000

Section 63

5,000

25,000

Section 64

3,000

10,000

Section 65

3,000

10,000

Subsection 82(1)

5,000

25,000

Subsection 82(2)

5,000

25,000

Subsection 84(1)

5,000

25,000

Subsection 84(2)

5,000

25,000

Subsection 96(1)

5,000

25,000

Subsection 96(2)

5,000

25,000

Section 97

5,000

 

Subsection 98(1)

5,000

25,000

Subsection 98(2)

5,000

25,000

Subsection 99(1)

5,000

25,000

Subsection 99(2)

5,000

25,000

Section 100

5,000

25,000

Section 101

5,000

 

Section 102

5,000

25,000

Section 103

5,000

25,000

Subsection 104(1)

5,000

 

Subsection 104(2)

5,000

25,000

Subsection 108(2)

5,000

25,000

Subsection 109(1)

5,000

25,000

Subsection 109(4)

5,000

25,000

Subsection 110(1)

5,000

25,000

Subsection 110(2)

5,000

25,000

Section 111

5,000

25,000

Paragraph 112(a)

5,000

25,000

Paragraph 112(b)

5,000

25,000

Section 113

5,000

25,000

Section 114

5,000

25,000

Section 115

5,000

25,000

Subsection 116(1)

5,000

25,000

Subsection 116(2)

5,000

25,000

Section 117

5,000

25,000

Section 118

5,000

25,000

Subsection 119(1)

5,000

25,000

Subsection 119(2)

5,000

25,000

Subsection 119(3)

5,000

25,000

Section 120

5,000

25,000

Section 121

5,000

25,000

Subsection 122(1)

5,000

25,000

Subsection 122(2)

5,000

25,000

Section 123

5,000

25,000

Section 124

5,000

25,000

Section 125

5,000

25,000

Section 126

5,000

25,000

Subsection 127(1)

5,000

25,000

Subsection 127(2)

5,000

25,000

Subsection 127(3)

5,000

25,000

Subsection 127(4)

5,000

25,000

Section 128

5,000

25,000

Section 129

5,000

 

Subsection 130(1)

5,000

 

Section 131

5,000

 

Section 132

5,000

25,000

Subsection 133(1)

5,000

25,000

Subsection 133(2)

5,000

25,000

Subsection 133(3)

5,000

25,000

Subsection 133(4)

5,000

25,000

Section 134

5,000

25,000

Paragraph 135(1)(a)

5,000

 

Paragraph 135(1)(b)

5,000

 

Paragraph 135(1)(c)

5,000

25,000

Paragraph 135(1)(d)

5,000

 

Paragraph 135(1)(e)

5,000

 

Paragraph 135(1)(f)

5,000

 

Paragraph 135(1)(g)

5,000

25,000

Paragraph 135(2)(a)

5,000

25,000

Paragraph 135(2)(b)

5,000

 

Subsection 136(1)

5,000

 

Subsection 136(2)

5,000

25,000

Section 137

5,000

25,000

Section 138

5,000

25,000

Subsection 139(1)

5,000

 

Subsection 139(2)

5,000

 

Subsection 140(1)

5,000

25,000

Section 141

5,000

 

Section 142

5,000

25,000

Subsection 143(1)

5,000

25,000

Subsection 144(1)

5,000

25,000

Subsection 144(2)

5,000

25,000

Subsection 145(1)

5,000

 

Subsection 145(2)

5,000

 

Subsection 145(3)

5,000

25,000

Section 146

5,000

25,000

Subsection 147(2)

5,000

25,000

Section 148

5,000

25,000

Subsection 155(1)

5,000

25,000

Paragraph 155(2)(a)

5,000

25,000

Paragraph 155(2)(b)

5,000

25,000

Paragraph 155(2)(c)

3,000

10,000

Paragraph 155(2)(d)

3,000

10,000

Paragraph 155(2)(e)

5,000

25,000

Paragraph 155(2)(f)

5,000

25,000

Paragraph 155(2)(g)

5,000

25,000

Paragraph 155(2)(h)

5,000

25,000

Paragraph 155(2)(i)

5,000

25,000

Paragraph 155(2)(j)

5,000

25,000

Paragraph 155(2)(k)

5,000

25,000

Paragraph 155(2)(l)

5,000

25,000

Paragraph 155(2)(m)

5,000

25,000

Paragraph 155(2)(n)

3,000

10,000

Subsection 169(1)

5,000

25,000

Subsection 169(2)

5,000

25,000

Paragraph 175(1)(a)

5,000

25,000

Paragraph 175(1)(b)

5,000

25,000

Subsection 176(1)

3,000

10,000

Subsection 176(2)

3,000

10,000

Subsection 176(3)

3,000

10,000

Section 178

5,000

25,000

Subsection 179(1)

5,000

25,000

Section 185

5,000

25,000

Paragraph 197(a)

5,000

25,000

Paragraph 197(b)

5,000

25,000

Paragraph 197(c)

5,000

25,000

Paragraph 197(d)

5,000

25,000

Paragraph 197(e)

5,000

25,000

Paragraph 197(f)

5,000

25,000

Subsection 203(1)

5,000

25,000

Subsection 203(2)

5,000

25,000

Section 206

5,000

25,000

Subsection 207(1)

5,000

25,000

PART 5

   

Section 225

5,000

25,000

Paragraph 226(a)

5,000

25,000

Paragraph 226(b)

5,000

25,000

Section 227

5,000

25,000

Paragraph 228(a)

5,000

25,000

Paragraph 228(b)

5,000

25,000

Section 229

5,000

25,000

Section 230

3,000

10,000

Section 231

3,000

10,000

Subsection 242(1)

5,000

25,000

Subsection 242(2)

5,000

25,000

Subsection 256(1)

5,000

25,000

Subsection 256(2)

5,000

25,000

Section 257

5,000

 

Subsection 258(1)

5,000

25,000

Subsection 258(2)

5,000

25,000

Subsection 259(1)

5,000

25,000

Subsection 259(2)

5,000

25,000

Section 260

5,000

25,000

Section 261

5,000

 

Section 262

5,000

25,000

Section 263

5,000

25,000

Subsection 264(1)

5,000

 

Subsection 264(2)

5,000

25,000

Subsection 268(2)

5,000

25,000

Subsection 269(1)

5,000

25,000

Subsection 269(4)

5,000

25,000

Subsection 270(1)

5,000

25,000

Subsection 270(2)

5,000

25,000

Section 271

5,000

25,000

Paragraph 272(a)

5,000

25,000

Paragraph 272(b)

5,000

25,000

Section 273

5,000

25,000

Section 274

5,000

25,000

Section 275

5,000

25,000

Subsection 276(1)

5,000

25,000

Subsection 276(2)

5,000

25,000

Section 277

5,000

25,000

Section 278

5,000

25,000

Subsection 279(1)

5,000

25,000

Subsection 279(2)

5,000

25,000

Subsection 279(3)

5,000

25,000

Section 280

5,000

25,000

Section 281

5,000

25,000

Subsection 282(1)

5,000

25,000

Subsection 282(2)

5,000

25,000

Section 283

5,000

25,000

Section 284

5,000

25,000

Section 285

5,000

25,000

Section 286

5,000

25,000

Subsection 287(1)

5,000

25,000

Subsection 287(2)

5,000

25,000

Subsection 287(3)

5,000

25,000

Subsection 287(4)

5,000

25,000

Section 288

5,000

25,000

Section 289

5,000

 

Subsection 290(1)

5,000

 

Section 291

5,000

 

Section 292

5,000

25,000

Subsection 293(1)

5,000

25,000

Subsection 293(2)

5,000

25,000

Subsection 293(3)

5,000

25,000

Subsection 293(4)

5,000

25,000

Section 294

5,000

25,000

Paragraph 295(1)(a)

5,000

 

Paragraph 295(1)(b)

5,000

 

Paragraph 295(1)(c)

5,000

25,000

Paragraph 295(1)(d)

5,000

 

Paragraph 295(1)(e)

5,000

 

Paragraph 295(1)(f)

5,000

 

Paragraph 295(1)(g)

5,000

25,000

Paragraph 295(2)(a)

5,000

25,000

Paragraph 295(2)(b)

5,000

 

Subsection 296(1)

5,000

 

Subsection 296(2)

5,000

25,000

Section 297

5,000

25,000

Section 298

5,000

25,000

Subsection 299(1)

5,000

 

Subsection 299(2)

5,000

 

Subsection 300(1)

5,000

25,000

Section 301

5,000

 

Section 302

5,000

25,000

Subsection 303(1)

5,000

25,000

Subsection 304(1)

5,000

25,000

Subsection 304(2)

5,000

25,000

Subsection 305(1)

5,000

 

Subsection 305(2)

5,000

 

Subsection 305(3)

5,000

25,000

Section 306

5,000

25,000

Subsection 307(2)

5,000

25,000

Section 308

5,000

25,000

Subsection 315(1)

5,000

25,000

Paragraph 315(2)(a)

5,000

25,000

Paragraph 315(2)(b)

5,000

25,000

Paragraph 315(2)(c)

3,000

10,000

Paragraph 315(2)(d)

3,000

10,000

Paragraph 315(2)(e)

5,000

25,000

Paragraph 315(2)(f)

5,000

25,000

Paragraph 315(2)(g)

5,000

25,000

Paragraph 315(2)(h)

5,000

25,000

Paragraph 315(2)(i)

5,000

25,000

Paragraph 315(2)(j)

5,000

25,000

Paragraph 315(2)(k)

5,000

25,000

Paragraph 315(2)(l)

5,000

25,000

Paragraph 315(2)(m)

5,000

25,000

Paragraph 315(2)(n)

3,000

10,000

Subsection 329(1)

5,000

25,000

Subsection 329(2)

5,000

25,000

Paragraph 335(1)(a)

5,000

25,000

Paragraph 335(1)(b)

5,000

25,000

Subsection 336(1)

3,000

10,000

Subsection 336(2)

3,000

10,000

Subsection 336(3)

3,000

10,000

Section 338

5,000

25,000

Subsection 339(1)

5,000

25,000

Subsection 340(1)

5,000

25,000

Subsection 340(2)

5,000

25,000

Section 346

5,000

25,000

PART 6

   

Section 374

5,000

25,000

Paragraph 375(a)

5,000

25,000

Paragraph 375(b)

5,000

25,000

Section 376

5,000

25,000

Paragraph 377(a)

5,000

25,000

Paragraph 377(b)

5,000

25,000

Section 378

5,000

25,000

Section 379

3,000

10,000

Section 380

3,000

10,000

Subsection 391(1)

5,000

25,000

Subsection 391(2)

5,000

25,000

Section 405

5,000

 

Subsection 406(1)

5,000

25,000

Subsection 406(2)

5,000

25,000

Subsection 407(1)

5,000

25,000

Subsection 407(2)

5,000

25,000

Section 408

5,000

25,000

Section 409

5,000

 

Section 410

5,000

25,000

Section 411

5,000

25,000

Subsection 412(1)

5,000

 

Subsection 412(2)

5,000

25,000

Subsection 417(1)

5,000

25,000

Paragraph 417(2)(a)

5,000

25,000

Paragraph 417(2)(b)

5,000

25,000

Paragraph 417(2)(c)

3,000

10,000

Paragraph 417(2)(d)

3,000

10,000

Paragraph 417(2)(e)

5,000

25,000

Paragraph 417(2)(f)

5,000

25,000

Paragraph 417(2)(g)

5,000

25,000

Paragraph 417(2)(h)

5,000

25,000

Paragraph 417(2)(i)

5,000

25,000

Paragraph 417(2)(j)

5,000

25,000

Paragraph 417(2)(k)

5,000

25,000

Paragraph 417(2)(l)

5,000

25,000

Paragraph 417(2)(m)

5,000

25,000

Paragraph 417(2)(n)

3,000

10,000

Subsection 431(1)

5,000

25,000

Subsection 431(2)

5,000

25,000

Paragraph 437(1)(a)

5,000

25,000

Paragraph 437(1)(b)

5,000

25,000

Subsection 438(1)

3,000

10,000

Subsection 438(2)

3,000

10,000

Subsection 438(3)

3,000

10,000

Section 440

5,000

25,000

Subsection 441(1)

5,000

25,000

Subsection 442(1)

5,000

25,000

Subsection 442(2)

5,000

25,000

Section 445

5,000

25,000

PART 7

   

Section 470

5,000

25,000

Paragraph 471(a)

5,000

25,000

Paragraph 471(b)

5,000

25,000

Section 472

5,000

25,000

Paragraph 473(a)

5,000

25,000

Paragraph 473(b)

5,000

25,000

Section 474

5,000

25,000

Section 475

3,000

10,000

Section 476

3,000

10,000

PART 8

   

Subsection 496(1)

5,000

25,000

Subsection 496(2)

5,000

25,000

Subsection 497(1)

5,000

25,000

Subsection 497(2)

5,000

25,000

Subsection 497(3)

5,000

 

Subsection 498(1)

5,000

25,000

Subsection 498(2)

5,000

25,000

Subsection 499(1)

5,000

25,000

Subsection 499(2)

5,000

25,000

Subsection 500(1)

3,000

10,000

Subsection 500(2)

3,000

10,000

Section 501

5,000

25,000

Section 502

5,000

25,000

[7-1-o]

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
R.S., c. A-2

Footnote 1
See the contact information at the end of this Regulatory Impact Analysis Statement.

Footnote 2
 SOR/2000-112

Footnote 3
 SOR/2000-111