Regulations Amending the Canadian Aviation Security Regulations, 2012 (Air Cargo and Mail Provisions): SOR/2019-149

Canada Gazette, Part II, Volume 153, Number 11

Registration
SOR/2019-149 May 22, 2019

AERONAUTICS ACT

P.C. 2019-575 May 21, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.71 ^{footnote a} of the Aeronautics Act ^{footnote b}, makes the annexed Regulations Amending the Canadian Aviation Security Regulations, 2012 (Air Cargo and Mail Provisions).

Regulations Amending the Canadian Aviation Security Regulations, 2012 (Air Cargo and Mail Provisions)

Amendments

1 Section 3 of the Canadian Aviation Security Regulations, 2012 ^{footnote 1} is amended by adding the following in alphabetical order:

• consolidated cargo means multiple cargo shipments that originate from more than one original shipper that are consolidated to form one shipment under the air waybill or similar control document. (fret groupé)
• non-consolidated cargo means a cargo shipment that originates from a single shipper. (fret non groupé)

2 Part 11 of the Regulations is replaced by the following:

PART 11

Air Cargo and Mail

Overview

Part overview

668 This Part sets out requirements for cargo and mail on passenger flights and all-cargo flights and supplements subsections 4.85(3) and (4) of the Act.

DIVISION 1

Air Cargo

Application

Application

668.1 (1) Section 669 applies to air carriers who transport cargo on a flight that is carrying passengers or on an all-cargo flight.

(2) Sections 670 to 686 apply to the following members of the air cargo security program who screen cargo or store, tender or transport secure cargo:

• (a) regulated agents;
• (b) certified agents; and
• (c) known consignors.

Transporting Cargo by Air and Tendering Cargo for Transportation by Air

Requirement to screen cargo

669 Cargo that is to be transported by an air carrier on a flight that is carrying passengers or on an all-cargo flight must be screened by the air carrier for threat items in accordance with a security measure, unless the cargo was tendered to the air carrier for transportation by air as secure cargo.

Tendering of secure cargo — regulated agents and certified agents

670 A regulated agent or certified agent must not tender cargo for transportation by air as secure cargo unless

• (a) the regulated agent
  • (i) has screened the cargo for threat items in accordance with a security measure,
  • (ii) has restricted access to the cargo in accordance with sections 675 to 677, and
  • (iii) has ensured that the cargo was not tampered with after it was screened for threat items; or
• (b) the regulated agent or certified agent has screened it in order to verify that
  • (i) the cargo was screened for threat items in accordance with a security measure,
  • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and
  • (iii) the cargo was not tampered with after it was screened for threat items.

Tendering of secure cargo — known consignors

671 A known consignor must not tender cargo for transportation by air as secure cargo unless the known consignor

• (a) has screened the cargo for threat items in accordance with a security measure;
• (b) has restricted access to the cargo in accordance with sections 675 to 677; and
• (c) has ensured that the cargo was not tampered with after it was screened for threat items.

Cargo security information

672 (1) A regulated agent, certified agent or known consignor must not tender cargo for transportation by air as secure cargo unless the cargo is accompanied by the information referred to in subsection (2), (3) or (4), as applicable, in paper or electronic format.

Tendering by regulated agents

(2) If the cargo is tendered by a regulated agent referred to in paragraph 670(a), the information that accompanies the cargo must include

• (a) in the case of non-consolidated cargo
  • (i) the air waybill number or the number of a similar control document,
  • (ii) the regulated agent’s name,
  • (iii) the regulated agent’s air cargo security program number,
  • (iv) the name of the original shipper of the cargo, and
  • (v) a declaration by one of the regulated agent’s authorized cargo representatives stating that
  • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,
  • (B) access to the cargo was restricted in accordance with sections 675 to 677, and
  • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered; and
• (b) in the case of consolidated cargo
  • (i) the air waybill number or the number of a similar control document,
  • (ii) the regulated agent’s name,
  • (iii) the regulated agent’s air cargo security program number, and
  • (iv) a declaration by one of the regulated agent’s authorized cargo representatives stating that
  • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,
  • (B) access to the cargo was restricted in accordance with sections 675 to 677, and
  • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

Tendering by regulated agents or certified agents

(3) If the cargo is tendered by a regulated agent or certified agent referred to in paragraph 670(b), the information that accompanies the cargo must include

• (a) in the case of non-consolidated cargo
  • (i) the information that accompanied the cargo when the cargo was accepted by the regulated agent or certified agent,
  • (ii) the air waybill number or the number of a similar control document, and
  • (iii) the regulated agent’s or certified agent’s name,
  • (iv) the regulated agent’s or certified agent’s air cargo security program number, and
  • (v) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that
  • (A) access to the cargo was restricted in accordance with sections 675 to 677, and
  • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered;
• (b) in the case of consolidated cargo
  • (i) the air waybill number or the number of a similar control document,
  • (ii) the regulated agent’s or certified agent’s name,
  • (iii) the regulated agent’s or certified agent’s air cargo security program number, and
  • (iv) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that
  • (A) access to the cargo was restricted in accordance with sections 675 to 677, and
  • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

Tendering by known consignors

(4) If the cargo is tendered by a known consignor referred to in section 671, the information that accompanies the cargo must include

• (a) the air waybill number or the number of a similar control document,
• (b) the known consignor’s name,
• (c) the known consignor’s air cargo security program number, and
• (d) a declaration by one of the known consignor’s authorized cargo representatives stating that
  • (i) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,
  • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and
  • (iii) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

Accurate and complete information

673 A regulated agent, certified agent or known consignor who provides any of the information required under section 672 must ensure that the information is accurate and complete.

Screenings

Authority to screen

674 A person must not screen cargo unless the person is designated by the Minister or is an authorized cargo representative of the designated person.

Screening for threat items

675 (1) If a regulated agent or known consignor screens cargo for threat items in order for it to be tendered for transportation by air as secure cargo, the regulated agent or known consignor must

• (a) conduct the screening in accordance with a security measure;
• (b) conduct the screening in an area that the regulated agent or known consignor has designated for that purpose;
• (c) ensure that, while the screening is being conducted, signs are in place at or near the designated area that state, in both official languages, that unauthorized access to the area is prohibited;
• (d) control access to the designated area while the screening is being conducted to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent or known consignor has access to the area;
• (e) take measures to detect unauthorized individuals in the designated area while the screening is being conducted;
• (f) ensure that, while the screening is being conducted, individuals other than an authorized cargo representative of the regulated agent or known consignor do not have access to cargo in the designated area; and
• (g) ensure that, while the screening is being conducted, cargo in the designated area is not tampered with.

Authorized access

(2) An individual who is not an authorized cargo representative of the regulated agent or known consignor is permitted in the designated area if

• (a) the individual is acting in the course of their employment and requires access to the designated area while screenings are being conducted;
• (b) the individual has the prior approval of the cargo security coordinator of the regulated agent or known consignor;
• (c) the cargo security coordinator or one of the regulated agent’s or known consignor’s authorized cargo representatives verifies the identity of the individual by means of government-issued photo identification provided by the individual; and
• (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent or known consignor.

Escort limit

(3) For the purposes of paragraph (2)(d), the regulated agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Storage and Transport Requirements

Storage requirements

676 (1) If cargo is screened in order for it to be tendered for transportation by air as secure cargo, a regulated agent, certified agent or known consignor who stores the cargo must

• (a) store the cargo in an area that they have designated for that purpose;
• (b) ensure that, while the cargo is stored in the designated area, signs are in place at or near the area that state, in both official languages, that unauthorized access to the area is prohibited;
• (c) control access to the designated area while the cargo is stored in the area to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent, certified agent or known consignor has access to the area;
• (d) take measures to detect unauthorized individuals in the designated area while the cargo is stored in the area;
• (e) ensure that, while the cargo is stored in the designated area, individuals other than an authorized cargo representative of the regulated agent, certified agent or known consignor do not have access to cargo in the designated area; and
• (f) ensure that the cargo is not tampered with while it is stored in the designated area.

Authorized access

(2) An individual who is not an authorized cargo representative of the regulated agent, certified agent or known consignor is permitted in the designated area if

• (a) the individual is acting in the course of their employment and requires access to the designated area while cargo, which has been screened in order that it may be tendered for transportation by air as secure cargo, is stored in the area;
• (b) the individual has the prior approval of the cargo security coordinator of the regulated agent, certified agent or known consignor;
• (c) the cargo security coordinator, or one of the authorized cargo representatives of the regulated agent, certified agent or known consignor, verifies the identity of the individual by means of government-issued photo identification provided by the individual; and
• (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent, certified agent or known consignor.

Escort limit

(3) For the purposes of paragraph (2)(d), the regulated agent, certified agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Transport requirements

677 If cargo is screened in order for it to be tendered for transportation by air as secure cargo, the regulated agent, certified agent or known consignor who transports the cargo must, in accordance with a security measure,

• (a) ensure that the cargo is transported by one or more of their authorized cargo representatives; and
• (b) ensure that there is no unauthorized access to the cargo during transport.

[678 reserved]

Cargo Security Coordinators and Authorized Cargo Representatives

Cargo security coordinator — designation

679 (1) A regulated agent, certified agent or known consignor must designate a cargo security coordinator who is responsible for coordinating and overseeing compliance with the regulatory requirements that apply to the regulated agent, certified agent or known consignor and for acting as the principal contact between the regulated agent, certified agent or known consignor and the Minister with respect to aviation security matters.

Cargo security coordinator — restriction

(2) The regulated agent, certified agent or known consignor must not designate an individual as cargo security coordinator unless that individual is an authorized cargo representative and a senior manager or supervisor.

Authorized cargo representative

680 (1) A regulated agent, certified agent or known consignor must not designate an individual as an authorized cargo representative unless the individual

• (a) is employed by the regulated agent, certified agent or known consignor;
• (b) has a security clearance or has undergone a background check that indicates that the individual does not pose a risk to aviation security; and
• (c) has been trained in relation to their duties as an authorized cargo representative.

Background check

(2) If the individual undergoes a background check for the purposes of paragraph (1)(b), the regulated agent, certified agent or known consignor must ensure that the background check includes

• (a) a Canadian criminal record check;
• (b) a check of the individual’s home addresses for the five years preceding the date of the background check; and
• (c) a check of the individual’s work history for the five years preceding the date of the background check.

Canadian criminal record check

681 A regulated agent, certified agent or known consignor must, at least once every five years, conduct a Canadian criminal record check on any of their authorized cargo representatives that do not have a security clearance.

Reporting of Security Incidents

Reporting of security incidents

682 A regulated agent, certified agent or known consignor must immediately notify the Minister if they

• (a) detect a threat item in cargo while screening it in order for it to be tendered for transportation by air as secure cargo;
• (b) detect unauthorized access to cargo in their possession that is being screened or has been screened in order that it may be tendered for transportation by air as secure cargo;
• (c) detect signs of tampering with cargo in their possession that is being screened or has been screened in order that it may be tendered for transportion by air as secure cargo; or
• (d) become aware of any other aviation security incident involving cargo that is or was in their possession.

Record Keeping

Cargo security information

683 A regulated agent, certified agent or known consignor who tenders cargo for transportation by air as secure cargo must keep a copy of the information referred to in subsection 672(2), (3) or (4), as applicable, for at least 90 days after the day on which they cease to be in possession of the cargo.

Training record

684 (1) A regulated agent, certified agent or known consignor must keep a training record, in paper or electronic format, for each authorized cargo representative.

Required information

(2) A training record for an authorized cargo representative must include

• (a) the name of the authorized cargo representative;
• (b) their position title;
• (c) the dates on which they received training in relation to their duties as an authorized cargo representative;
• (d) a description of those duties; and
• (e) the name of the trainer.

Retention period — cessation of duties

(3) The regulated agent, certified agent or known consignor must keep the training record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

Background check record

685 (1) If an individual undergoes a background check for the purposes of paragraph 680(1)(b) and is designated as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep a record in respect of the background check that contains

• (a) the name of the individual;
• (b) the date of the background check; and
• (c) the name of the person or organization that conducted the background check.

Retention period

(2) If the individual ceases to act as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep the record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

Ministerial access

686 A regulated agent, certified agent or known consignor who keeps a record or information under this Part must make the record or information available to the Minister on reasonable notice given by the Minister.

[687 to 719 reserved]

DIVISION 2

Mail

Requirement to screen mail

720 Mail that is to be transported by an air carrier on a flight that is carrying passengers or on an all-cargo flight must be screened by the air carrier for threat items in accordance with a security measure.

[721 to 738 reserved]

3 The Regulations are amended by replacing “specific threat” with “threat”, with any necessary modifications, in the following provisions:

• (a) paragraph 15(b);
• (b) section 89;
• (c) paragraph 90(b);
• (d) the marginal note before section 91 and section 91;
• (e) paragraph 92(b);
• (f) section 93;
• (g) paragraph 94(c);
• (h) section 253;
• (i) paragraph 254(b);
• (j) the marginal note before section 255 and section 255;
• (k) paragraph 256(b);
• (l) section 257;
• (m) paragraph 258(c);
• (n) section 408;
• (o) paragraph 409(b);
• (p) the marginal note before section 410 and section 410;
• (q) paragraph 411(b);
• (r) section 412;
• (s) paragraph 413(c);
• (t) section 509;
• (u) paragraph 510(b);
• (v) the marginal note before section 511 and section 511;
• (w) paragraph 512(b);
• (x) section 513;
• (y) paragraph 514(c);
• (z) subsection 539(1);
• (z.01) the marginal note before subsection 540(1) and the portion of subsection 540(1) before paragraph (a);
• (z.02) the marginal note before subsection 540(2);
• (z.03) subsection 541(1);
• (z.04) the marginal note before subsection 542(1) and subsection 542(1); and
• (z.05) paragraph 543(1)(e).

Coming into Force

4 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Amendments to the Canadian Aviation Security Regulations, 2012 (CASR 2012) are required in order to increase public transparency with respect to security screening requirements for the transportation of cargo and mail, and to clarify and enhance transparency around the security screening requirements to be complied with before cargo and mail are transported on passenger and all-cargo flights. The amendments are also intended to make minor edits, to further clarify the content and the scope of certain provisions of the CASR 2012.

Background

Canada’s aviation security regulatory framework sets out requirements to detect, prevent, respond to and recover from acts of unlawful interference with civil aviation, implement Canada’s international commitments and support its aviation industry. This includes the framework for a secure and efficient air cargo system.

On October 17, 2016, several amendments to Part 11 of the CASR 2012 came into force, along with a companion set of confidential security measures. These combined requirements established enhanced requirements around a secure supply chain for cargo being uplifted on passenger flights, and reduced the reliance on in-airport screening.

Certain provisions of the current amendments to the CASR 2012 build upon the 2016 amendments and will clarify that cargo transported on all flights departing from Canada, whether it is a passenger flight or an all-cargo flight, fall within the scope of Part 11 of the CASR 2012.

At the same time, Canada is working to fulfil its international commitments with respect to security measure requirements applicable to the transportation of mail by air, the details of which, like cargo, are contained within confidential security measures. These amendments will serve to increase public transparency with respect to the security screening requirements applicable to the transportation of mail on all passenger and all-cargo flights.

Objective

The Government of Canada is committed to maintaining a secure and efficient air cargo and mail system. These amendments will result in greater transparency to stakeholders and the aviation industry, and will help align the Canadian regulatory framework with international standards.

In addition, the amendments will clarify the scope of application of certain provisions in the CASR 2012 and address language/editorial issues.

Description

The amendments are intended to

• 1. add a reference to all-cargo flights in sections 668, 668.1(1), and 669 in order to enhance transparency for stakeholders to the extent that the Air Cargo Security Program will allow;
• 2. clarify that air carriers are not subject to sections 670 to 683 of the Regulations (air carriers have their own obligations that they must comply with);
• 3. add a reference to the security controls applied to mail in order to further enhance transparency for stakeholders with respect to their aviation security obligations;
• 4. update data elements related to the Canadian Secure Cargo Declaration to realign with international standards;
• 5. allow the Department to clarify the terminology used in the Air Cargo Security Program by adding definitions for “consolidated cargo” and “non-consolidated cargo”;
• 6. address an issue raised by the Standing Joint Committee for the Scrutiny of Regulations (SJC) with respect to the use of the term, “specific threat”; and
• 7. clarify the wording and intent around training records retention for regulated entities in the Air Cargo Security Program.

Regulatory development

Consultation

The expansion of the Air Cargo Security Program has evolved using feedback and input from extensive consultations with stakeholders for more than 10 years, and the program continues to be enhanced by stakeholder engagement. Affected stakeholders have been consulted on these amendments through various mechanisms including through face-to-face meetings, pilot project activities, information sessions and mail-outs. Transport Canada has informed, engaged and consulted key participants represented on the Air Cargo Security Technical Committee and related working groups throughout the development of this regulatory proposal, which include but are not limited to the Air Line Pilots Association (ALPA), the Air Transport Association of Canada (ATAC), Canadian International Freight Forwarders’ Association (CIFFA), Air Canada, CargoJet, Federal Express Canada Ltd. (FedEx), United Parcel Service (UPS), DHL Express (Canada) Ltd., Canadian Air Transport Security Authority (CATSA), and Canada Post Corporation. Most recently, Transport Canada held further consultations on these amendments when the Air Cargo Security Technical Committee met on June 8, 2017, and consulted with the broader aviation security community at subsequent Advisory Group on Aviation Security (AGAS) meetings held on April 4, 2018, and January 30, 2019. No concerns were raised regarding these amendments during the most recent engagements.

Modern treaty obligations and Indigenous engagement and consultation

No modern treaty obligations have been identified.

Instrument choice

Transport Canada amends the CASR 2012 from time to time in order to provide transparency about existing security measures.

Regulatory analysis

Costs and benefits

The amendments to the CASR 2012 will contribute to positive effects and outcomes with respect to public safety and the security of all Canadians. The amendments will also serve to align the Canadian regulatory framework with international standards (which references cargo and mail under the same set of standards), and will facilitate compliance.

There will be no additional costs to affected industry, stakeholders, or the Department as a result of these regulatory amendments.

“One-for-One” Rule

The “One-for-One” Rule does not apply, as there is no incremental change in administrative burden on business.

Small business lens

The small business lens does not apply as there are no associated impacts on businesses.

Regulatory cooperation and alignment

These amendments, in part, are intended to better align Canada with the standards set out in the Convention on International Civil Aviation of the International Civil Aviation Organization (ICAO), which require that member states ensure that appropriate security controls are applied to cargo and mail, prior to their being loaded onto an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire. This requirement applies to passenger flights and all-cargo flights. The changes to sections 668.1 and 669 of the Regulations will ensure that security screening requirements apply in a manner that is consistent with this requirement.

Strategic environmental assessment

In accordance with The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these amendments.

Rationale

The amendments clarify the scope of application of the CASR 2012 amendments, which were enacted on the October 17, 2016, and correct minor errors in translation, format, syntax, spelling and punctuation to ensure greater clarity, transparency, and efficiency for regulated entities in the air cargo security program.

These amendments will clarify existing regulatory requirements applicable to cargo and mail transported by passenger and all-cargo air carriers, recognize that security controls are in place relating to all-cargo carriers and air carriers who handle mail, and finally, to address the concerns of SJC that there must be a clear distinction between the terms “threat” and “specific threat”. As the factors that determined whether a threat was “specific” are outdated and information regarding those factors being much easier to obtain (thereby no longer a good indicator of the credibility of a threat), the Department opted to remove the distinction altogether.

Implementation, compliance and enforcement, and service standards

These amendments do not specifically require anything new to be implemented. They will not modify existing compliance and enforcement strategies or techniques. No new service standards are being introduced as a result of these changes.

Contact

Mario Boily
Executive Director
Program Development Branch
Aviation Security
Transport Canada
112 Kent Street, Tower B, 20th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613‑990‑6445
Fax: 613‑949‑8503
Email: mario.boily@tc.gc.ca
(or aircargosecurity-suretedufretaerien.tc@tc.gc.ca)