Vol. 146, No. 1 — January 4, 2012
Registration
SOR/2011-318 December 16, 2011
AERONAUTICS ACT
Canadian Aviation Security Regulations, 2012
P.C. 2011-1669 December 15, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71 (see footnote a) and 4.9 (see footnote b), paragraphs 7.6(1)(a) (see footnote c) and (b) (see footnote d) and section 7.7 (see footnote e) of the Aeronautics Act (see footnote f), hereby makes the annexed Canadian Aviation Security Regulations, 2012.
TABLE OF CONTENTS
(This table is not part of the Regulations.)
CANADIAN AVIATION SECURITY REGULATIONS, 2012
OVERVIEW
1 Regulations overview
2 Structure
INTERPRETATION
3 Definitions
PART 1
SCREENING
OVERVIEW
4 Part overview
SCREENING OFFICERS
5 Requirements
OFFICIAL LANGUAGES
6 Official languages
CARRIAGE OF WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES DURING SCREENING
7 Prohibition
8 Notification of screening officers
SCREENING FOR PROHIBITED ITEMS
9 Application
10 Prohibited items
11 Weapons, explosive substances and incendiary devices
12 Medically necessary goods
13 Medical kits
CIRCUMVENTING SCREENING
14 Circumventing screening
THREAT RESPONSE
15 Threat response
REPORTING OF SECURITY INCIDENTS
16 Items at checkpoint
SECURITY INFORMATION
17 Security information
PART 2
OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA
OVERVIEW
55 Part overview
IDENTITY VERIFICATION SYSTEM
56 System requirements
57 Database backup
58 Disclosure of information
59 Biometric templates
60 Protection of information
61 Activation of cards
62 Deactivation of cards
63 Business continuity plan
64 Records
PART 3
WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES
OVERVIEW
76 Part overview
AT AERODROMES
77 Prohibition — sale
78 Prohibition — carriage, transportation and access
ON BOARD AIRCRAFT
79 Weapons
TRANSPORT AND TENDERING FOR TRANSPORTATION
80 General prohibitions
FALSE DECLARATIONS
81 False declarations
PART 4
CLASS 1 AERODROMES
OVERVIEW
82 Part overview
APPLICATION
83 Application
DIVISION 1
PROHIBITED ITEMS
Overview
84 Division overview
Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
85 Authorization
DIVISION 2
THREATS AND INCIDENTS
Overview
88 Division overview
Threat Response
89 Area under operator’s control
90 Area under control of other person
91 Specific threats
92 Duties of other person
93 Threats identified by other person
Information Reporting
94 Security incidents
95 Commercial air service information
DIVISION 3
RESERVED
DIVISION 4
PERSONNEL AND TRAINING
Overview
108 Division overview
Security Official — Aerodrome
111 Interpretation
112 Requirement
Security Official — Primary Security Line Partner
113 Interpretation
114 Requirement
DIVISION 5
RESERVED
DIVISION 6
ACCESS CONTROLS
Overview
127 Division overview
Signs
128 Sign requirements
Restricted Area Access Points
131 Prohibition
Doors, Gates, Emergency Exits and Other Devices
133 Duty to close and lock — operators
134 Duty to close and lock — partners and lessees
135 Temporary use or control
136 Uncontrolled restricted area access point
137 Preventing locking
138 Emergency exits
Unauthorized Access
139 Prohibition
DIVISION 7
RESERVED
DIVISION 8
ENHANCED ACCESS CONTROLS
Overview
143 Division overview
Identity Verification System
144 Disclosure of information
Information to Be Displayed on a Restricted Area Identity Card
145 Required information
Issuance of Restricted Area Identity Cards
146 Issuance criteria
147 False information
148 Sponsorship
149 Issuance of multiple cards
150 Replacement of cards
151 Requirement to inform
152 Collection of information
153 Quality control
154 Protection of information
Deactivation of Restricted Area Identity Cards
155 Deactivation request
156 Change in employment
157 Duty of employer
158 Retrieval of cards
Keys, Combination Codes and Personal Identification Codes
159 Issuance or assignment
160 Addition of key
161 Protection of information
162 Cancellation, withdrawal or retrieval
Records
163 General requirement
Restricted Area Access Control Process
164 Use of identity verification system
Control of Access to Restricted Areas
165 Unauthorized access prohibition
166 Restricted area identity cards — conditions of use
167 Display of restricted area identity cards
168 Oversight
Business Continuity Plans
169 Business continuity plans
170 Database backup
Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes
171 General prohibitions
172 Report of loss or theft
173 Report of non-functioning card
174 Notification of CATSA
Presentation and Surrender of Restricted Area Identity Cards
175 Presentation on demand
176 Surrender on demand
177 Return of cards
178 Notification of Minister
Escort and Surveillance
179 General requirement
180 Escort ratio
181 Requirement to remain together
182 Screening requirement
183 Exception — conveyances
184 Escort conveyances
Inspectors
185 Exemption
186 Inspector’s credentials
187 Escort privileges
188 Conveyance escort privileges
DIVISION 9
AIRPORT SECURITY PROGRAMS
Overview
189 Division overview
Interpretation
190 Processes and procedures
Airport Security Program Requirements
191 Requirement to establish and implement
193 Documentation
194 Requirement to amend
Security Committee
195 Security committee
Corrective Actions
211 Corrective actions
212 Corrective action plan
Disclosure of Information
213 Prohibition
DIVISION 10
RESERVED
DIVISION 11
PRIMARY SECURITY LINE PARTNERS
Overview
224 Division overview
Requirements
225 Requirements
Provision of Information
231 Provision to operator of aerodrome
Corrective Actions
234 Corrective actions
235 Corrective action plan
DIVISION 12
RESERVED
PART 5
CLASS 2 AERODROMES
OVERVIEW
246 Part overview
APPLICATION
247 Application
DIVISION 1
PROHIBITED ITEMS
Overview
248 Division overview
Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
249 Authorization
DIVISION 2
THREATS AND INCIDENTS
Overview
252 Division overview
Threat Response
253 Area under operator’s control
254 Area under control of other person
255 Specific threats
256 Duties of other person
257 Threats identified by other person
Information Reporting
258 Security incidents
259 Commercial air service information
DIVISION 3
RESERVED
DIVISION 4
PERSONNEL AND TRAINING
Overview
266 Division overview
Security Official — Aerodrome
269 Interpretation
270 Requirement
DIVISION 5
RESERVED
DIVISION 6
ACCESS CONTROLS
Overview
283 Division overview
Signs
284 Sign requirements
Restricted Area Access Points
287 Prohibition
Doors, Gates, Emergency Exits and Other Devices
289 Duty to close and lock — operators
290 Duty to close and lock — partners and lessees
291 Temporary use or control
292 Uncontrolled restricted area access point
293 Preventing locking
294 Emergency exits
Unauthorized Access
295 Prohibition
DIVISION 7
RESERVED
DIVISION 8
ENHANCED ACCESS CONTROLS
Overview
299 Division overview
Identity Verification System
300 Disclosure of information
Information to Be Displayed on a Restricted Area Identity Card
301 Required information
Issuance of Restricted Area Identity Cards
302 Issuance criteria
303 False information
304 Sponsorship
305 Issuance of multiple cards
306 Replacement of cards
307 Requirement to inform
308 Collection of information
309 Quality control
310 Protection of information
Deactivation of Restricted Area Identity Cards
311 Deactivation request
312 Change in employment
313 Duty of employer
314 Retrieval of cards
Keys, Combination Codes and Personal Identification Codes
315 Issuance or assignment
316 Addition of key
317 Protection of information
318 Cancellation, withdrawal or retrieval
Records
319 General requirement
Restricted Area Access Control Process
320 Use of identity verification system
Control of Access to Restricted Areas
321 Unauthorized access prohibition
322 Restricted area identity cards — conditions of use
323 Display of restricted area identity cards
324 Oversight
Business Continuity Plans
325 Business continuity plans
326 Database backup
Use of Restricted Area Identity Cards, Keys, Combination Codes
and Personal Identification Codes
327 General prohibitions
328 Report of loss or theft
329 Report of non-functioning card
330 Notification of CATSA
Presentation and Surrender of Restricted Area Identity Cards
331 Presentation on demand
332 Surrender on demand
333 Return of cards
334 Notification of Minister
Escort and Surveillance
335 General requirement
336 Escort ratio
337 Requirement to remain together
338 Screening requirement
339 Exception — conveyances
340 Escort conveyances
Inspectors
341 Exemption
342 Inspector’s credentials
343 Escort privileges
344 Conveyance escort privileges
DIVISION 9
AIRPORT SECURITY PROGRAMS
Overview
345 Division overview
Interpretation
346 Processes and procedures
Airport Security Program Requirements
347 Requirement to establish and implement
348 Documentation
349 Requirement to amend
Security Committee
350 Security committee
Corrective Actions
372 Corrective actions
373 Corrective action plan
Primary Security Line Partners
374 Provision of information to operators of aerodromes
Disclosure of Information
380 Prohibition
DIVISION 10
RESERVED
DIVISION 11
RESERVED
PART 6
CLASS 3 AERODROMES
OVERVIEW
401 Part overview
APPLICATION
402 Application
DIVISION 1
PROHIBITED ITEMS
Overview
403 Division overview
Authorization for Carriage of or Access to Explosive
Substances and Incendiary Devices
404 Authorization
DIVISION 2
THREATS AND INCIDENTS
Overview
407 Division overview
Threat Response
408 Area under operator’s control
409 Area under control of other person
410 Specific threats
411 Duties of other person
412 Threats identified by other person
Information Reporting
413 Security incidents
414 Commercial air service information
DIVISION 3
RESERVED
DIVISION 4
PERSONNEL AND TRAINING
Overview
421 Division overview
Security Official — Aerodrome
424 Interpretation
425 Requirement
DIVISION 5
RESERVED
DIVISION 6
ACCESS CONTROLS
Overview
437 Division overview
Restricted Area Access Points
441 Prohibition
Doors, Gates, Emergency Exits and Other Devices
443 Duty to close and lock — operators
444 Duty to close and lock — partners and lessees
445 Temporary use or control
446 Uncontrolled restricted area access point
447 Preventing locking
448 Emergency exits
Unauthorized Access
449 Prohibition
DIVISION 7
RESERVED
DIVISION 8
AIRPORT SECURITY PROGRAMS
Overview
453 Division overview
Interpretation
454 Processes and procedures
Airport Security Program Requirements
455 Requirement to establish and implement
456 Documentation
457 Requirement to amend
Security Committee
458 Security committee
Corrective Actions
479 Corrective actions
480 Corrective action plan
Primary Security Line Partners
481 Provision of information to operators of aerodromes
Disclosure of Information
484 Prohibition
DIVISION 9
RESERVED
DIVISION 10
RESERVED
PART 7
OTHER AERODROMES
OVERVIEW
505 Part overview
DIVISION 1
AUTHORIZATION FOR CARRIAGE OF OR ACCESS TO
EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES
506 Application
507 Authorization
DIVISION 2
THREATS AND INCIDENTS
Application
508 Application
Threat Response
509 Area under operator’s control
510 Area under control of other person
511 Specific threats
512 Duties of other person
513 Threats identified by other person
Information Reporting
514 Security incidents
515 Commercial air service information
PART 8
AIRCRAFT SECURITY
OVERVIEW
525 Part overview
WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES
526 Weapons
527 Transport of loaded firearms
528 Transport of unloaded firearms
529 Storage of unloaded firearms
530 Prohibition — alcoholic beverages
531 Authorizations for peace officers
532 Requirement to inform
533 Unloaded firearm authorizations — air carriers
PERSONS IN THE CUSTODY OF AN ESCORT OFFICER
534 Definition of “organization responsible for the person in custody”
535 Peace officer duties
536 Consumption of alcoholic beverages
537 Prohibition — alcoholic beverages
538 Seating of persons in custody
THREAT RESPONSE AND INFORMATION REPORTING
Threat Response
539 Threat to aircraft — air carriers
540 Specific threat to aircraft — air carriers
541 Threat to facility or aerodrome — air carriers
542 Specific threat to facility or aerodrome — air carriers
Reporting of Security Incidents
543 Notification of Minister
Security Information
544 Provision to Minister
545 Duty of service providers
PART 9
RESERVED
PART 10
RESERVED
PART 11
RESERVED
PART 12
RESERVED
PART 13
MINISTERIAL POWERS AND DUTIES
OVERVIEW
765 Part overview
IDENTITY VERIFICATION SYSTEM
766 Disclosure of information
767 Deactivation request
PART 14
DESIGNATED PROVISIONS
OVERVIEW
797 Part overview
DESIGNATED PROVISIONS
798 Designated provisions
799 Designation of security measure provisions
NOTICE OF CONTRAVENTION
800 Notice requirements
PART 15
CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS,
REPEAL AND COMING INTO FORCE
CONSEQUENTIAL AMENDMENTS TO THE DESIGNATED
PROVISIONS REGULATIONS
801 Repeal — Section 3
802 Repeal — Schedule 2
TRANSITIONAL PROVISIONS
803 Operators of class 1 aerodromes
804 Operators of class 2 aerodromes
805 Operators of class 3 aerodromes
REPEAL
806
COMING INTO FORCE
807 Coming into force
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
CANADIAN AVIATION SECURITY REGULATIONS, 2012
OVERVIEW
Regulations overview
1. (1) These Regulations are the principal means of supplementing the legislative framework set out in sections 4.7 to 4.87 of the Act and are designed to facilitate the detection of, prevention of, response to and recovery from acts or attempted acts of unlawful interference with civil aviation.
Other instruments
(2) These Regulations are supplemented from time to time by other aviation security regulations, security measures, interim orders and emergency directions.
Structure
2. These Regulations are divided into 14 parts:
- (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 provisions of these Regulations and the provisions of any security measure.
INTERPRETATION
Definitions
3. The following definitions apply in these Regulations.
“accepted cargo”
« fret accepté »
“accepted cargo” means any cargo in respect of which an air waybill or other similar control document is issued.
“Act”
« Loi »
“Act” means the Aeronautics Act.
“biometric template”
« modèle biométrique »
“biometric template” means a template generated by algorithms that encode an identifiable physiological or behavioural characteristic of a person.
“carry-on baggage”
« bagages de cabine »
“carry-on baggage” means any baggage and personal belongings to which a person has or will have access on board an aircraft.
“CATSA”
« ACSTA »
“CATSA” means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act.
“checked baggage”
« bagages enregistrés »
“checked baggage” means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation.
“combination code”
« code d’accès »
“combination code” means a series or combination of numbers, letters or other characters that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area.
“crew member”
« membre d’équipage »
“crew member” means a person assigned to duty on an aircraft during flight time by the operator of the aircraft.
“escort officer”
« agent d’escorte »
“escort officer” means
- (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 or combination of numbers, letters or other characters that is chosen by a person or that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area.
“primary security line”
« première ligne de sûreté »
“primary security line” means the boundary between a restricted area and a non-restricted area at an aerodrome.
“primary security line partner”
« partenaire de la première ligne de sûreté »
“primary security line partner” means a business, organization or non-profit group — other than the operator of an aerodrome, CATSA, a government department or agency or the police service with jurisdiction at an aerodrome — that occupies an area that is on an aerodrome’s primary security line and that includes a restricted area access point. This definition includes, but is not limited to, a commercial lessee of the operator of an aerodrome.
“regulatory requirement”
« exigence réglementaire »
“regulatory requirement” means a requirement of
- (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 the person’s employment.
“screening authority”
« administration de contrôle »
“screening authority” means a person responsible for the screening of persons and goods.
“screening officer”
« agent de contrôle »
“screening officer” has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act.
“security barrier”
« enceinte de sûreté »
“security barrier” means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area.
“security personnel”
« personnel de sûreté »
“security personnel” means, in the case of an aerodrome, individuals, other than peace officers, who are employed at the aerodrome to detect, prevent, respond to, and assist in the recovery from acts or attempted acts of unlawful interference with civil aviation.
“specific list of prohibited items”
« liste spécifique des articles interdits »
“specific list of prohibited items” means Part 2 of TP 14628, which lists flights or classes of flights that require additional screening for reasons respecting elevated threat conditions or respecting the harmonization of screening rules and which lists or describes, for each flight or class of flight, goods that are supplemental to the goods listed or described in the general list of prohibited items.
“sterile area”
« zone stérile »
“sterile area” means a restricted area, including any passenger loading bridge attached to it, that is used to segregate the following persons from other persons at an aerodrome:
- (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 List, published by the Department of Transport in March 2011, as amended from time to time.
“weapon”
« arme »
“weapon” has the same meaning as in section 2 of the Criminal Code.
PART 1
SCREENING
OVERVIEW
Part overview
4. This Part sets out requirements for screening officers, screening authorities and persons who are subject to screening. This Part is also a supplement to section 4.85 of the Act, which sets out several prohibitions respecting screening.
SCREENING OFFICERS
Requirements
5. (1) A screening officer must not screen persons or goods unless the screening officer
- (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 communicate 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 2004, as amended from time to time.
Supervision
(2) A screening authority must ensure that any person who acts or will act as a screening officer for it or on its behalf meets the requirements set out in subsection (1).
OFFICIAL LANGUAGES
Official languages
6. At the airports that are listed in Schedule 1 and at all aerodromes where there is a significant demand for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations, a screening authority must
- (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
7. (1) Subject to subsection (2), a person must not present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to a weapon, an explosive substance or an incendiary device.
Exception
(2) A person who is permitted under subsection 78(2) to carry, transport or have access to a weapon, an explosive substance or an incendiary device may present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to that weapon, substance or device.
Notification of screening officers
8. If a screening authority is notified by an air carrier that a peace officer will be carrying or will have access to a firearm on board an aircraft, the screening authority must notify all the screening officers with whom the peace officer will come into contact that the peace officer will be carrying or will have access to a firearm on board the aircraft.
SCREENING FOR PROHIBITED ITEMS
Application
9. Sections 10 to 13 apply in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations.
Prohibited items
10. (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a screening authority must not permit the person to pass beyond a screening checkpoint into a sterile area unless the screening authority ensures that the person is not in possession or control of any goods that
- (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
11. A screening authority may permit a person in possession or control of a weapon, an explosive substance or an incendiary device to pass beyond a screening checkpoint into a sterile area if the person is carrying or has access to the weapon, explosive substance or incendiary device in accordance with these Regulations, a security measure, an emergency direction or an interim order.
Medically necessary goods
12. A screening authority may permit a person in possession or control of goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the goods are medically necessary and the person declares them to the screening authority.
Medical kits
13. A screening authority may permit a health care professional in possession or control of a medical kit that contains goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the screening authority ensures that the kit does not include sharp or cutting instruments.
CIRCUMVENTING SCREENING
Circumventing screening
14. If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or any goods in their possession or control to be screened, another person must not assist that person in circumventing the screening.
THREAT RESPONSE
Threat response
15. A screening authority at an aerodrome who is made aware of a threat against the aerodrome must
- (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
Items at checkpoint
16. (1) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if a weapon, an explosive substance or an incendiary device is detected at a restricted area access point or in any other part of the aerodrome where the screening of persons or goods is carried out.
Exception
(2) Subsection (1) does not apply in respect of a weapon, explosive substance or incendiary device that is permitted under subsection 78(2).
Items in checked baggage
(3) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if any of the following is detected in checked baggage:
- (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
17. A screening authority must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of its screening operations, including
- (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.
[18 to 54 reserved]
PART 2
OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA
OVERVIEW
Part overview
55. This Part sets out air transport security functions, other than screening, that are assigned to CATSA.
IDENTITY VERIFICATION SYSTEM
System requirements
56. (1) CATSA must implement and maintain an identity verification system that is able to automatically verify
- (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 the biometric data provided by the person and a biometric template stored on the restricted area identity card.
Database backup
57. CATSA must regularly back up any database that it uses as part of the identity verification system.
Disclosure of information
58. (1) CATSA is authorized to disclose to the Minister or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system.
Identity protection
(2) CATSA must not collect, use, disclose or retain the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued.
Biometric templates
59. (1) If a biometric template created from a fingerprint image or iris image collected from an applicant for a restricted area identity card is disclosed to CATSA by the operator of an aerodrome, CATSA must not use the biometric template for a purpose other than
- (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
60. CATSA must take appropriate measures to protect information that is collected, used, retained or disclosed for the purposes of the identity verification system from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.
Activation of cards
61. CATSA must activate a restricted area identity card if the Minister informs CATSA that the applicant for the card has a security clearance and CATSA determines that no restricted area identity card is already active in respect of the applicant.
Deactivation of cards
62. CATSA must immediately deactivate a restricted area identity card if the Minister or the operator of an aerodrome asks CATSA to deactivate the card.
Business continuity plan
63. (1) CATSA must develop and maintain a business continuity plan that, at a minimum, sets out how CATSA will re-establish normal operations and meet the following objectives in the event that it is unable to use the identity verification system to meet those objectives:
- (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 CATSA discovers that it will be unable, for more than 24 hours, to use the identity verification system to meet the objectives set out in paragraphs (1)(a) to (c).
Ministerial access
(4) CATSA must make its business continuity plan available to the Minister on reasonable notice given by the Minister.
Records
64. (1) CATSA must keep updated records respecting
- (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.
[65 to 75 reserved]
PART 3
WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES
OVERVIEW
Part overview
76. This Part sets out prohibitions respecting weapons, explosive substances and incendiary devices at aerodromes and on board aircraft. This Part also sets out exceptions to those prohibitions.
AT AERODROMES
Prohibition — sale
77. A person must not sell or offer for sale any of the following goods in a restricted area:
- (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
78. (1) Subject to subsection (2), a person must not carry, transport or have access to a weapon, an explosive substance or an incendiary device at an aerodrome.
Exceptions
(2) A person described in column 1 of the table to this subsection may, at an aerodrome, carry, transport or have access to the goods set out in column 2 if the conditions set out in column 3 are met.
TABLE
Item |
Column 1 |
Column 2 Permitted Goods |
Column 3 |
|---|---|---|---|
1. |
any person |
an unloaded firearm |
the person is carrying or transporting the unloaded firearm, or has access to it, for the purpose of transporting it by air as checked baggage or cargo |
2. |
a peace officer |
a weapon and ammunition |
the peace officer is acting in the course of their duties |
3. |
the pilot-in-command of an aircraft that is operated by an air carrier |
an unloaded firearm |
the pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1) |
4. |
the pilot-in-command of an aircraft that is operated by a person other than an air carrier |
an unloaded firearm and ammunition |
the pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2) |
5. |
an employee of a federal or provincial department or agency who is engaged in wildlife control |
an unloaded firearm |
the employee is taking a flight on an aircraft operated by an air carrier and the employee is authorized by the air carrier under subsection 533(1) |
6. |
a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm |
a firearm and ammunition |
the person is engaged in the protection of persons or property at the aerodrome |
7. |
a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm |
a firearm and ammunition |
the person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome |
8. |
any person |
an explosive substance or incendiary device |
the person is carrying or transporting the explosive substance or incendiary device, or has access to it, for the purpose of tendering it for transportation by an air carrier |
9. |
any person |
an explosive substance or incendiary device |
the person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome |
Consumption of alcoholic beverages
(3) An employee of a federal or provincial department or agency who is engaged in wildlife control, and who carries, transports or has access to an unloaded firearm at an aerodrome, must not consume any alcoholic beverage.
ON BOARD AIRCRAFT
Weapons
79. (1) Subject to subsections (3) and (4), a person must not carry or have access to a weapon on board an aircraft.
Explosive substances and incendiary devices
(2) A person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.
Exception — air carrier flights
(3) The following persons may carry or have access to an unloaded firearm on board an aircraft operated by an air carrier:
- (a) a peace officer who is authorized by the air carrier under section 531;
- (b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 533(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 533(1).
Exception — other operators’ flights
(4) The pilot-in-command of an aircraft operated by a person other than an air carrier may carry or have access to an unloaded firearm and ammunition on board the aircraft if authorized by the operator of the aircraft under subsection 533(2).
Consumption of alcoholic beverages
(5) The following persons must not consume any alcoholic beverage if they are on board an aircraft and are carrying or have access to an unloaded firearm:
- (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 prohibitions
80. (1) Subject to subsection (3), a person must not transport any of the following goods on board an aircraft operated by an air carrier or tender them for transportation by an air carrier:
- (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
81. A person at an aerodrome or on board an aircraft must not falsely declare
- (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or
- (b) that another person at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.
PART 4
CLASS 1 AERODROMES
OVERVIEW
Part overview
82. This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 1.
APPLICATION
Application
83. This Part applies in respect of aerodromes listed in Schedule 1.
DIVISION 1
PROHIBITED ITEMS
Overview
Division overview
84. This Division completes and supplements the regulatory framework set out in Part 3.
Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
Authorization
85. The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if
- (a) the explosive substance or incendiary device is to be used at the aerodrome
- (i) for excavation, demolition or construction work,
- (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.
[86 and 87 reserved]
DIVISION 2
THREATS AND INCIDENTS
Overview
Division overview
88. This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.
Threat Response
Area under operator’s control
89. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Area under control of other person
90. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately
- (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
91. The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.
Duties of other person
92. A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must
- (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
93. If it is determined under paragraph 15(b), 90(b) or 92(b) that there is a specific threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.
Information Reporting
Security incidents
94. The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:
- (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);
- (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;
- (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
95. The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.
DIVISION 3
RESERVED
[96 to 107 reserved]
DIVISION 4
PERSONNEL AND TRAINING
Overview
Division overview
108. This Division sets out requirements respecting security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.
[109 and 110 reserved]
Security Official — Aerodrome
Interpretation
111. A security official of an aerodrome is an individual who is responsible for
- (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
112. (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.
Contact information
(2) The operator of the aerodrome must provide the Minister with
- (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
113. 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
114. (1) A primary security line partner at an aerodrome must have, at all times, at least one security official or acting security official.
Contact information
(2) The primary security line partner must provide the operator of the aerodrome and the Minister with
- (a) the name of each security official and acting security official; and
- (b) 24-hour contact information for those officials.
[115 to 119 reserved]
DIVISION 5
RESERVED
[120 to 126 reserved]
DIVISION 6
ACCESS CONTROLS
Overview
Division overview
127. This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.
Signs
Sign requirements
128. (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must
- (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
[129 and 130 reserved]
Prohibition
131. A person must not enter a restricted area at an aerodrome except through a restricted area access point.
[132 reserved]
Doors, Gates, Emergency Exits and Other Devices
Duty to close and lock — operators
133. (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
- (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
134. (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
- (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
135. Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.
Uncontrolled restricted area access point
136. Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must
- (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
137. A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.
Emergency exits
138. A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless
- (a) the person is authorized by the operator of the aerodrome to open it; or
- (b) there is an emergency.
Unauthorized Access
Prohibition
139. (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.
Exception — operator
(2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if
- (a) that 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.
Exception — lessee
(3) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area may allow a person to enter or remain in that part of the aerodrome if
- (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.
[140 reserved]
DIVISION 7
RESERVED
[141 and 142 reserved]
DIVISION 8
ENHANCED ACCESS CONTROLS
Overview
Division overview
143. This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.
Identity Verification System
Disclosure of information
144. (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.
Identity protection
(2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.
Information to Be Displayed on a Restricted Area Identity Card
Required information
145. (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:
- (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 the 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) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.
Issuance of Restricted Area Identity Cards
Issuance criteria
146. (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person
- (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
147. A person must not provide false information for the purpose of obtaining a restricted area identity card.
Sponsorship
148. 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
149. The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.
Replacement of cards
150. Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that
- (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
151. Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.
Collection of information
152. (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:
- (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
153. For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.
Protection of information
154. The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.
Deactivation of Restricted Area Identity Cards
Deactivation request
155. (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if
- (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 the operator asks CATSA to deactivate a restricted area identity card.
Change in employment
156. The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if
- (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
157. The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.
Retrieval of cards
158. (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.
Return of cards
(2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.
Keys, Combination Codes and Personal Identification Codes
Issuance or assignment
159. The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless
- (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
160. The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.
Protection of information
161. The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.
Cancellation, withdrawal or retrieval
162. The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if
- (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
163. (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting
- (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, withdrawn or retrieved;
- (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 151.
Deactivated cards
(2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.
Lost or stolen cards
(3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.
Provision to Minister
(4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.
Restricted Area Access Control Process
Use of identity verification system
164. The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.
Control of Access to Restricted Areas
Unauthorized access prohibition
165. A person must not enter or remain in a restricted area at an aerodrome unless the person
- (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
166. (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
167. A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.
Oversight
168. The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of
- (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
169. (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 168 in the event that the operator is unable to use its restricted area access control process to comply with that section.
Implementation
(2) The operator of the aerodrome must immediately implement its business continuity plan and notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 168.
Notification of delay
(3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 168.
Ministerial access
(4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.
Database backup
170. The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.
Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes
General prohibitions
171. (1) A person must not
- (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 allow access to a restricted area at an aerodrome to another person without authorization from the operator of the 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
172. (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.
Employer’s duty to report
(2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.
Report of non-functioning card
173. An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.
Notification of CATSA
174. The operator of an aerodrome who has issued a restricted area identity card must notify CATSA if the card is reported as lost or stolen.
Presentation and Surrender of Restricted Area Identity Cards
Presentation on demand
175. (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.
Presentation during screening
(2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.
Surrender on demand
176. (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.
Demand by Minister or operator
(2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if
- (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
177. A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.
Notification of Minister
178. The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 176(2)(c).
Escort and Surveillance
General requirement
179. (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card
- (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or
- (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.
Exceptions
(2) This section does not apply in respect of the following persons:
- (a) passengers who have been screened; and
- (b) inspectors.
Escort ratio
180. (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.
Surveillance ratio
(2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.
Requirement to remain together
181. (1) A person under escort must remain with the escort while the person is in a restricted area.
Idem
(2) An escort must remain with the person under escort while the person is in a restricted area.
Requirement to inform
(3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.
Screening requirement
182. The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.
Exception — conveyances
183. (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.
Exception to exception
(2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 180.
Escort conveyances
184. The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for
- (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
185. Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.
Inspector’s credentials
186. The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.
Escort privileges
187. Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector
- (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
188. (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector
- (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
189. This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes that are required under this Division are intended to contribute to the effective establishment and implementation of airport security programs.
Interpretation
Processes and procedures
190. For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.
Airport Security Program Requirements
Requirement to establish and implement
191. (1) The operator of an aerodrome must establish and implement an airport security program.
Program requirements
(2) As part of its airport security program, the operator of the aerodrome must
- (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
- (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
- (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) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;
- (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
- (f) 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) persons who are employed at the aerodrome,
- (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
- (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
- (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
- (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:
- (i) persons who are employed at the aerodrome, and
- (ii) persons who require access to the aerodrome in the course of their employment;
- (i) persons who are employed at the aerodrome, and
- (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
- (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.
[192 reserved]
Documentation
193. (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.
Ministerial access
(2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.
Requirement to amend
194. The operator of an aerodrome must amend its airport security program if
- (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
- (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.
Security Committee
Security committee
195. (1) The operator of an aerodrome must have a security committee or other working group or forum that
- (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.
[196 to 210 reserved]
Corrective Actions
Corrective actions
211. Subject to section 212, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that
- (a) is identified to the operator by the Minister; or
- (b) is identified by the operator.
Corrective action plan
212. (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.
Plan requirements
(2) A corrective action plan must set out
- (a) the nature of the security risk to be addressed;
- (b) a rationale for the phased approach; and
- (c) a timetable setting out when each phase of the corrective action plan will be completed.
Disclosure of Information
Prohibition
213. A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.
DIVISION 10
RESERVED
[214 to 223 reserved]
DIVISION 11
PRIMARY SECURITY LINE PARTNERS
Overview
Division overview
224. This Division sets out the role of a primary security line partner in supporting the effective establishment and implementation of an airport security program by the operator of an aerodrome.
Requirements
Requirements
225. At each aerodrome where a primary security line partner carries out operations, the partner must
- (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the partner’s employee groups that require access to restricted areas at the aerodrome in the course of their employment;
- (b) communicate the information referred to in paragraph (a) to the employees in those groups 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.
[226 to 230 reserved]
Provision of Information
Provision to operator of aerodrome
231. (1) At each aerodrome where a primary security line partner carries out operations, the partner must provide the operator of the aerodrome with the information that is documented or created under section 225 on reasonable notice given by the operator.
Provision to Minister
(2) The primary security line partner must provide the Minister with the same information on reasonable notice given by the Minister.
[232 and 233 reserved]
Corrective Actions
Corrective actions
234. Subject to section 235, a primary security line partner must immediately take corrective actions to address an aerodrome-related security risk that is identified to the partner by the Minister or the operator of an aerodrome where the partner carries out operations.
Corrective action plan
235. (1) If a corrective action involves a phased approach, a primary security line partner must provide the operator of the aerodrome with a corrective action plan.
Plan requirements
(2) A corrective action plan must set out
- (a) the nature of the security risk to be addressed;
- (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
[236 to 245 reserved]
PART 5
CLASS 2 AERODROMES
OVERVIEW
Part overview
246. This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 2.
APPLICATION
Application
247. This Part applies in respect of aerodromes listed in Schedule 2.
DIVISION 1
PROHIBITED ITEMS
Overview
Division overview
248. This Division completes and supplements the regulatory framework set out in Part 3.
Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
Authorization
249. The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if
- (a) the explosive substance or incendiary device is to be used at the aerodrome
- (i) for excavation, demolition or construction work,
- (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.
[250 and 251 reserved]
DIVISION 2
THREATS AND INCIDENTS
Overview
Division overview
252. This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.
Threat Response
Area under operator’s control
253. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Area under control of other person
254. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately
- (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
255. The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.
Duties of other person
256. A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must
- (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
257. If it is determined under paragraph 15(b), 254(b) or 256(b) that there is a specific threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.
Information Reporting
Security incidents
258. The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:
- (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);
- (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;
- (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
259. The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.
DIVISION 3
RESERVED
[260 to 265 reserved]
DIVISION 4
PERSONNEL AND TRAINING
Overview
Division overview
266. This Division sets out requirements respecting security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.
[267 and 268 reserved]
Security Official — Aerodrome
Interpretation
269. A security official of an aerodrome is an individual who is responsible for
- (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
270. (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.
Contact information
(2) The operator of the aerodrome must provide the Minister with
- (a) the name of each security official and acting security official; and
- (b) 24-hour contact information for those officials.
[271 to 275 reserved]
DIVISION 5
RESERVED
[276 to 282 reserved]
DIVISION 6
ACCESS CONTROLS
Overview
Division overview
283. This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.
Signs
Sign requirements
284. (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must
- (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
[285 and 286 reserved]
Prohibition
287. A person must not enter a restricted area at an aerodrome except through a restricted area access point.
[288 reserved]
Doors, Gates, Emergency Exits and Other Devices
Duty to close and lock — operators
289. (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
- (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
290. (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
- (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
291. Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.
Uncontrolled restricted area access point
292. Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must
- (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
293. A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.
Emergency exits
294. A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless
- (a) the person is authorized by the operator of the aerodrome to open it; or
- (b) there is an emergency.
Unauthorized Access
Prohibition
295. (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.
Exception — operator
(2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if
- (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.
Exception — lessee
(3) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area may allow a person to enter or remain in that part of the aerodrome if
- (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.
[296 reserved]
DIVISION 7
RESERVED
[297 and 298 reserved]
DIVISION 8
ENHANCED ACCESS CONTROLS
Overview
Division overview
299. This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.
Identity Verification System
Disclosure of information
300. (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.
Identity protection
(2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.
Information to Be Displayed on a Restricted Area Identity Card
Required information
301. (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:
- (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 the 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) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.
Issuance of Restricted Area Identity Cards
Issuance criteria
302. (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person
- (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
303. A person must not provide false information for the purpose of obtaining a restricted area identity card.
Sponsorship
304. 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
305. The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.
Replacement of cards
306. Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that
- (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
307. Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.
Collection of information
308. (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:
- (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
309. For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.
Protection of information
310. The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.
Deactivation of Restricted Area Identity Cards
Deactivation request
311. (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if
- (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 the operator asks CATSA to deactivate a restricted area identity card.
Change in employment
312. The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if
- (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
313. The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.
Retrieval of cards
314. (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.
Return of cards
(2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.
Keys, Combination Codes and Personal Identification Codes
Issuance or assignment
315. The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless
- (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
316. The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.
Protection of information
317. The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.
Cancellation, withdrawal or retrieval
318. The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if
- (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
319. (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting
- (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, withdrawn or retrieved;
- (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 307.
Deactivated cards
(2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.
Lost or stolen cards
(3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.
Provision to Minister
(4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.
Restricted Area Access Control Process
Use of identity verification system
320. The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.
Control of Access to Restricted Areas
Unauthorized access prohibition
321. A person must not enter or remain in a restricted area at an aerodrome unless the person
- (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
322. (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
323. A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.
Oversight
324. The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of
- (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
325. (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 324 in the event that the operator is unable to use its restricted area access control process to comply with that section.
Implementation
(2) The operator of the aerodrome must immediately implement its business continuity plan and notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 324.
Notification of delay
(3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 324.
Ministerial access
(4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.
Database backup
326. The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.
Use of Restricted Area Identity Cards, Keys, Combination
Codes and Personal Identification Codes
General prohibitions
327. (1) A person must not
- (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 allow access to a restricted area at an aerodrome to another person without authorization from the operator of the 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
328. (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.
Employer’s duty to report
(2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.
Report of non-functioning card
329. An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.
Notification of CATSA
330. The operator of an aerodrome who has issued a restricted area identity card must notify CATSA if the card is reported as lost or stolen.
Presentation and Surrender of Restricted
Area Identity Cards
Presentation on demand
331. (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.
Presentation during screening
(2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.
Surrender on demand
332. (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.
Demand by Minister or operator
(2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if
- (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
333. A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.
Notification of Minister
334. The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 332(2)(c).
Escort and Surveillance
General requirement
335. (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card
- (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or
- (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.
Exceptions
(2) This section does not apply in respect of the following persons:
- (a) passengers who have been screened; and
- (b) inspectors.
Escort ratio
336. (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.
Surveillance ratio
(2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.
Requirement to remain together
337. (1) A person under escort must remain with the escort while the person is in a restricted area.
Idem
(2) An escort must remain with the person under escort while the person is in a restricted area.
Requirement to inform
(3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.
Screening requirement
338. The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.
Exception — conveyances
339. (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.
Exception to exception
(2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 336.
Escort conveyances
340. The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for
- (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
341. Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.
Inspector’s credentials
342. The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.
Escort privileges
343. Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector
- (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
344. (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector
- (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
345. This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes that are required under this Division are intended to contribute to the effective establishment and implementation of airport security programs.
Interpretation
Processes and procedures
346. For greater certainty, any reference to a pro cess in this Division includes the procedures, if any, that are necessary to implement that process.
Airport Security Program Requirements
Requirement to establish and implement
347. (1) The operator of an aerodrome must establish and implement an airport security program.
Program requirements
(2) As part of its airport security program, the operator of the aerodrome must
- (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
- (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
- (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) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;
- (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
- (f) 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;
- (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
- (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
- (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
- (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:
- (i) persons who are employed at the aerodrome, and
- (ii) persons who require access to the aerodrome in the course of their employment;
- (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
- (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.
Documentation
348. (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.
Ministerial access
(2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.
Requirement to amend
349. The operator of an aerodrome must amend its airport security program if
- (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
- (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.
Security Committee
Security committee
350. (1) The operator of an aerodrome must have a security committee or other working group or forum that
- (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.
[351 to 371 reserved]
Corrective Actions
Corrective actions
372. Subject to section 373, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that
- (a) is identified to the operator by the Minister; or
- (b) is identified by the operator.
Corrective action plan
373. (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.
Plan requirements
(2) A corrective action plan must set out
- (a) the nature of the security risk to be addressed;
- (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
374. (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with
- (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.
[375 to 379 reserved]
Disclosure of Information
Prohibition
380. A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.
DIVISION 10
RESERVED
[381 to 390 reserved]
DIVISION 11
RESERVED
[391 to 400 reserved]
PART 6
CLASS 3 AERODROMES
OVERVIEW
Part overview
401. This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 3.
APPLICATION
Application
402. This Part applies in respect of aerodromes listed in Schedule 3.
DIVISION 1
PROHIBITED ITEMS
Overview
Division overview
403. This Division completes and supplements the regulatory framework set out in Part 3.
Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
Authorization
404. The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if
- (a) the explosive substance or incendiary device is to be used at the aerodrome
- (i) for excavation, demolition or construction work,
- (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.
[405 and 406 reserved]
DIVISION 2
THREATS AND INCIDENTS
Overview
Division overview
407. This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.
Threat Response
Area under operator’s control
408. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Area under control of other person
409. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately
- (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
410. The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.
Duties of other person
411. A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must
- (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
412. If it is determined under paragraph 15(b), 409(b) or 411(b) that there is a specific threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.
Information Reporting
Security incidents
413. The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:
- (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);
- (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;
- (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
414. The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.
DIVISION 3
RESERVED
[415 to 420 reserved]
DIVISION 4
PERSONNEL AND TRAINING
Overview
Division overview
421. This Division sets out requirements respecting security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.
[422 and 423 reserved]
Security Official — Aerodrome
Interpretation
424. A security official of an aerodrome is an individual who is responsible for
- (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
425. (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.
Contact information
(2) The operator of the aerodrome must provide the Minister with
- (a) the name of each security official and acting security official; and
- (b) 24-hour contact information for those officials.
[426 to 430 reserved]
DIVISION 5
RESERVED
[431 to 436 reserved]
DIVISION 6
ACCESS CONTROLS
Overview
Division overview
437. This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.
[438 reserved]
Restricted Area Access Points
[439 and 440 reserved]
Prohibition
441. A person must not enter a restricted area at an aerodrome except through a restricted area access point.
[442 reserved]
Doors, Gates, Emergency Exits and Other Devices
Duty to close and lock — operators
443. (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
- (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
444. (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
- (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
445. Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.
Uncontrolled restricted area access point
446. Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must
- (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
447. A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.
Emergency exits
448. A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless
- (a) the person is authorized by the operator of the aerodrome to open it; or
- (b) there is an emergency.
Unauthorized Access
Prohibition
449. (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.
Exception — operator
(2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if
- (a) that 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.
Exception — lessee
(3) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area may allow a person to enter or remain in that part of the aerodrome if
- (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.
[450 reserved]
DIVISION 7
RESERVED
[451 and 452 reserved]
DIVISION 8
AIRPORT SECURITY PROGRAMS
Overview
Division overview
453. This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes that are required under this Division are intended to contribute to the effective establishment and implementation of airport security programs.
Interpretation
Processes and procedures
454. For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.
Airport Security Program Requirements
Requirement to establish and implement
455. (1) The operator of an aerodrome must establish and implement an airport security program.
Program requirements
(2) As part of its airport security program, the operator of the aerodrome must
- (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
- (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
- (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) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;
- (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
- (f) 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;
- (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
- (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
- (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
- (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:
- (i) persons who are employed at the aerodrome, and
- (ii) persons who require access to the aerodrome in the course of their employment;
- (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
- (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.
Documentation
456. (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.
Ministerial access
(2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.
Requirement to amend
457. The operator of an aerodrome must amend its airport security program if
- (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
- (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.
Security Committee
Security committee
458. (1) The operator of an aerodrome must have a security committee or other working group or forum that
- (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 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.
[459 to 478 reserved]
Corrective Actions
Corrective actions
479. Subject to section 480, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that
- (a) is identified to the operator by the Minister; or
- (b) is identified by the operator.
Corrective action plan
480. (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.
Plan requirements
(2) A corrective action plan must set out
- (a) the nature of the security risk to be addressed;
- (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
481. (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with
- (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.
[482 and 483 reserved]
Disclosure of Information
Prohibition
484. A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.
DIVISION 9
RESERVED
[485 to 494 reserved]
DIVISION 10
RESERVED
[495 to 504 reserved]
PART 7
OTHER AERODROMES
OVERVIEW
Part overview
505. This Part sets out the basic regulatory framework for security at aerodromes not listed in Schedule 1, 2 or 3.
DIVISION 1
AUTHORIZATION FOR CARRIAGE OF OR ACCESS TO EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES
Application
506. This Division applies in respect of aerodromes not listed in Schedule 1, 2 or 3.
Authorization
507. The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if
- (a) the explosive substance or incendiary device is to be used at the aerodrome
- (i) for excavation, demolition or construction work,
- (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.
DIVISION 2
THREATS AND INCIDENTS
Application
Application
508. This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and are aerodromes where air carriers are served.
Threat Response
Area under operator’s control
509. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Area under control of other person
510. The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately
- (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
511. The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.
Duties of other person
512. A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must
- (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
513. If it is determined under paragraph 15(b), 510(b) or 512(b) that there is a specific threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.
Information Reporting
Security incidents
514. The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:
- (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);
- (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, or construction work, or the use of fireworks displays;
- (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
515. The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.
[516 to 524 reserved]
PART 8
AIRCRAFT SECURITY
OVERVIEW
Part overview
525. This Part sets out requirements for air carriers, other operators of aircraft and persons on board aircraft.
WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES
Weapons
526. (1) An air carrier must not allow a person who is on board an aircraft to carry or have access to a weapon unless the air carrier has authorized the person to do so under section 531 or 533.
Explosive substances and incendiary devices
(2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device.
Transport of loaded firearms
527. (1) An air carrier must not knowingly allow a person to transport a loaded firearm on board an aircraft.
Transport of explosive substances and incendiary devices
(2) An air carrier must not knowingly allow a person to transport an explosive substance, other than ammunition, or an incendiary device on board an aircraft unless the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome where it is to be accepted by the air carrier for transportation.
Transport of unloaded firearms
528. An air carrier must not knowingly allow a person to transport an unloaded firearm on board an aircraft unless the person has declared to the air carrier that the firearm is unloaded.
Storage of unloaded firearms
529. An air carrier that transports an unloaded firearm on board an aircraft must store the firearm so that it is not accessible to any person on board the aircraft other than crew members.
Prohibition — alcoholic beverages
530. An air carrier must not provide a person who carries or has access to a firearm on board an aircraft with any alcoholic beverage.
Authorizations for peace officers
531. An air carrier may authorize a peace officer to carry or have access to an unloaded firearm on board an aircraft if
- (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
532. (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier must, before the departure of the flight,
- (a) inform the pilot-in-command of the aircraft by means of the form referred to in paragraph 531(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 comply with that request.
Unloaded firearm authorizations — air carriers
533. (1) An air carrier may authorize the following persons to carry or have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes:
- (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”
534. (1) In this section, “organization responsible for the person in custody” does not include a person or an organization that provides escort officer services under a contract for remuneration.
Air carrier conditions
(2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless
- (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
535. (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 the person’s carry-on baggage to be screened for weapons or other items that could be used to jeopardize flight safety.
Escort officer duties
(3) An escort officer who is not a peace officer and who escorts a person in custody during a flight must
- (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 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
536. A person in custody and the escort officer who is escorting the person must not consume any alcoholic beverage on board an aircraft.
Prohibition — alcoholic beverages
537. An air carrier must not provide a person in custody or an escort officer who is escorting the person on board an aircraft with any alcoholic beverage.
Seating of persons in custody
538. An air carrier must not allow a person in custody on board an aircraft to be seated next to an exit.
THREAT RESPONSE AND INFORMATION REPORTING
Threat Response
Threat to aircraft — air carriers
539. (1) An air carrier that is made aware of a threat against an aircraft or a flight must immediately determine whether there is a specific threat that jeopardizes the security of the aircraft or flight.
Threat to aircraft — other operators
(2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aircraft or a flight must immediately determine whether the threat jeopardizes the security of the aircraft or flight.
Specific threat to aircraft — air carriers
540. (1) An air carrier that determines that there is a specific threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including
- (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
541. (1) An air carrier that is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Threat to facility or aerodrome — other operators
(2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately determine whether the threat jeopardizes the security of the facility or that part of the aerodrome.
Specific threat to facility or aerodrome — air carriers
542. (1) An air carrier that determines that there is a specific threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the nature of the threat.
Threat to facility or aerodrome — other operators
(2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the threat.
Reporting of Security Incidents
Notification of Minister
543. (1) An air carrier must immediately notify the Minister when any of the following incidents occur:
- (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 531 or subsection 533(1);
- (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device in respect of which the air carrier was not notified in accordance with subsection 80(3);
- (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 78(2), is detected in any part of the aerodrome that is under the air carrier’s control.
Security Information
Provision to Minister
544. An air carrier must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including
- (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
545. A person who provides an air carrier with a service and a person who provides a service related to the transportation of accepted cargo or mail by air must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including
- (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.
[546 to 616 reserved]
PART 9
RESERVED
[617 to 626 reserved]
PART 10
RESERVED
[627 to 667 reserved]
PART 11
RESERVED
[668 to 738 reserved]
PART 12
RESERVED
[739 to 764 reserved]
PART 13
MINISTERIAL POWERS AND DUTIES
OVERVIEW
Part overview
765. This Part sets out ministerial powers and duties that are not set out in any other part.
IDENTITY VERIFICATION SYSTEM
Disclosure of information
766. The Minister is authorized to disclose to CATSA or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system referred to in section 56.
Deactivation request
767. (1) The Minister must ask CATSA to deactivate a restricted area identity card if
- (a) the Minister is notified under section 156 or 312; 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).
[768 to 796 reserved]
PART 14
DESIGNATED PROVISIONS
OVERVIEW
Part overview
797. (1) This Part allows the enforcement, by means of administrative monetary penalties, of the provisions of these Regulations that are set out in Schedule 4 and the provisions of any security measure.
Designated provisions of the Act
(2) The Designated Provisions Regulations allow the enforcement, by means of administrative monetary penalties, of the provisions of the Act that are set out in Schedule 4 to those Regulations.
DESIGNATED PROVISIONS
Designated provisions
798. (1) A provision set out in column 1 of Schedule 4 is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum amounts
(2) The amount set out in column 2 or column 3 of Schedule 4 is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1.
Designation of security measure provisions
799. (1) The provisions of a security measure are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum amounts
(2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is
- (a) $5,000, in the case of an individual; and
- (b) $25,000, in the case of a corporation.
NOTICE OF CONTRAVENTION
Notice requirements
800. A notice referred to in subsection 7.7(1) of the Act must be in writing and indicate the information prescribed by section 4 of the Designated Provisions Regulations.
PART 15
CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS,
REPEAL AND COMING INTO FORCE
CONSEQUENTIAL AMENDMENTS TO THE DESIGNATED
PROVISIONS REGULATIONS
Repeal — Section 3
801. Section 3 of the Designated Provisions Regulations (see footnote 1) is repealed.
Repeal — Schedule 2
802. Schedule 2 to the Regulations is repealed.
TRANSITIONAL PROVISIONS
Operators of class 1 aerodromes
803. (1) The following provisions do not apply to the operator of an aerodrome until the day that is six months after the day on which these Regulations come into force:
- (a) section 112;
- (b) section 191; and
- (c) sections 193 and 194.
Primary security line partners at class 1 aerodromes
(2) The following provisions do not apply to a primary security line partner at an aerodrome until the day that is six months after the day on which these Regulations come into force:
- (a) section 114;
- (b) section 225;
- (c) section 231; and
- (d) sections 234 and 235.
Operators of class 2 aerodromes
804. (1) The following provisions do not apply to the operator of an aerodrome until the day that is 14 months after the day on which these Regulations come into force:
- (a) section 270;
- (b) section 347; and
- (c) sections 348 and 349.
Primary security line partners at class 2 aerodromes
(2) Section 374 does not apply to a primary security line partner at an aerodrome until the day that is 14 months after the day on which these Regulations come into force.
Operators of class 3 aerodromes
805. (1) The following provisions do not apply to the operator of an aerodrome until the day that is 17 months after the day on which these Regulations come into force:
- (a) section 425;
- (b) section 455; and
- (c) sections 456 and 457.
Primary security line partners at class 3 aerodromes
(2) Section 481 does not apply to a primary security line partner at an aerodrome until the day that is 17 months after the day on which these Regulations come into force.
REPEAL
806. The Canadian Aviation Security Regulations (see footnote 2) are repealed.
COMING INTO FORCE
Coming into force
807. These Regulations come into force on January 1, 2012, but if they are registered after that day, they come into force on the day on which they are registered.
SCHEDULE 1
(Paragraph 2(d) and sections 3, 6, 82, 83, 505, 506, and 508)
CLASS 1 AERODROMES
Name |
ICAO Location Indicator |
|---|---|
Calgary International |
CYYC |
Edmonton International |
CYEG |
Halifax (Robert L. Stanfield International) |
CYHZ |
Montréal International (Mirabel) |
CYMX |
Montréal (Montréal — Pierre Elliott Trudeau International) |
CYUL |
Ottawa (Macdonald-Cartier International) |
CYOW |
Toronto (Lester B. Pearson International) |
CYYZ |
Vancouver International |
CYVR |
Winnipeg (James Armstrong Richardson International) |
CYWG |
SCHEDULE 2
(Paragraph 2(e) and sections 3, 246, 247, 505, 506 and 508)
CLASS 2 AERODROMES
Name |
ICAO Location Indicator |
|---|---|
Charlottetown |
CYYG |
Fredericton International |
CYFC |
Gander International |
CYQX |
Greater Moncton International |
CYQM |
Iqaluit |
CYFB |
Kelowna |
CYLW |
London |
CYXU |
Prince George |
CYXS |
Québec (Jean Lesage International) |
CYQB |
Regina International |
CYQR |
Saint John |
CYSJ |
St. John’s International |
CYYT |
Saskatoon (John D. Diefenbaker International) |
CYXE |
Sudbury |
CYSB |
Thunder Bay |
CYQT |
Toronto (Billy Bishop Toronto City) |
CYTZ |
Victoria International |
CYYJ |
Whitehorse (Erik Neilsen International) |
CYXY |
Windsor |
CYQG |
Yellowknife |
CYZF |
SCHEDULE 3
(Paragraph 2(f) and sections 401, 402, 505, 506 and 508)
CLASS 3 AERODROMES
Name |
ICAO Location Indicator |
|---|---|
Abbotsford International |
CYXX |
Alma |
CYTF |
Bagotville |
CYBG |
Baie-Comeau |
CYBC |
Bathurst |
CZBF |
Brandon Municipal |
CYBR |
Campbell River |
CYBL |
Castlegar (West Kootenay Regional) |
CYCG |
Charlo |
CYCL |
Chibougamau/Chapais |
CYMT |
Churchill Falls |
CZUM |
Comox |
CYQQ |
Cranbrook (Canadian Rockies International) |
CYXC |
Dawson Creek |
CYDQ |
Deer Lake |
CYDF |
Fort McMurray |
CYMM |
Fort St. John |
CYXJ |
Gaspé |
CYGP |
Goose Bay |
CYYR |
Grande Prairie |
CYQU |
Hamilton (John C. Munro International) |
CYHM |
Îles-de-la-Madeleine |
CYGR |
Kamloops |
CYKA |
Kingston |
CYGK |
Kitchener/Waterloo Regional |
CYKF |
Kuujjuaq |
CYVP |
Kuujjuarapik |
CYGW |
La Grande Rivière |
CYGL |
Lethbridge |
CYQL |
Lloydminster |
CYLL |
Lourdes-de-Blanc-Sablon |
CYBX |
Medicine Hat |
CYXH |
Mont-Joli |
CYYY |
Nanaimo |
CYCD |
North Bay |
CYYB |
Penticton |
CYYF |
Prince Albert (Glass Field) |
CYPA |
Prince Rupert |
CYPR |
Quesnel |
CYQZ |
Red Deer Regional |
CYQF |
Rivière-Rouge/Mont-Tremblant International |
CYFJ |
Roberval |
CYRJ |
Rouyn-Noranda |
CYUY |
St. Anthony |
CYAY |
Saint-Léonard |
CYSL |
Sandspit |
CYZP |
Sarnia (Chris Hadfield) |
CYZR |
Sault Ste. Marie |
CYAM |
Sept-Îles |
CYZV |
Smithers |
CYYD |
Stephenville |
CYJT |
Sydney (J. A. Douglas McCurdy) |
CYQY |
Terrace |
CYXT |
Thompson |
CYTH |
Timmins (Victor M. Power) |
CYTS |
Toronto/Buttonville Municipal |
CYKZ |
Val-d’Or |
CYVO |
Wabush |
CYWK |
Williams Lake |
CYWL |
Yarmouth |
CYQI |
SCHEDULE 4
(Sections 797 and 798)
DESIGNATED PROVISIONS
Column 1 |
Column 2
Maximum Amount |
Column 3
Maximum Amount |
|---|---|---|
PART 1 — SCREENING |
||
Subsection 5(1) |
5,000 |
|
Subsection 5(2) |
5,000 |
25,000 |
Paragraph 6(a) |
3,000 |
10,000 |
Paragraph 6(b) |
3,000 |
10,000 |
Subsection 10(1) |
5,000 |
25,000 |
Subsection 10(2) |
5,000 |
25,000 |
Section 14 |
5,000 |
|
Paragraph 15(a) |
5,000 |
25,000 |
Paragraph 15(b) |
5,000 |
25,000 |
Subsection 16(1) |
3,000 |
10,000 |
Subsection 16(3) |
3,000 |
10,000 |
Subsection 16(4) |
3,000 |
10,000 |
Section 17 |
5,000 |
25,000 |
PART 2 — OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA |
||
Subsection 56(1) |
25,000 |
|
Subsection 56(2) |
25,000 |
|
Section 57 |
25,000 |
|
Subsection 58(2) |
25,000 |
|
Subsection 59(1) |
25,000 |
|
Subsection 59(2) |
25,000 |
|
Section 60 |
25,000 |
|
Section 61 |
25,000 |
|
Section 62 |
25,000 |
|
Subsection 63(1) |
25,000 |
|
Subsection 63(2) |
25,000 |
|
Subsection 63(3) |
25,000 |
|
Subsection 63(4) |
25,000 |
|
Subsection 64(1) |
25,000 |
|
Subsection 64(2) |
25,000 |
|
PART 3 — WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES |
||
Section 77 |
5,000 |
25,000 |
PART 4 — CLASS 1 AERODROMES |
||
DIVISION 2 — THREATS AND INCIDENTS |
||
Section 89 |
25,000 |
|
Paragraph 90(a) |
25,000 |
|
Paragraph 90(b) |
25,000 |
|
Section 91 |
25,000 |
|
Paragraph 92(a) |
5,000 |
25,000 |
Paragraph 92(b) |
5,000 |
25,000 |
Section 93 |
25,000 |
|
Section 94 |
10,000 |
|
Section 95 |
10,000 |
|
DIVISION 4 — PERSONNEL AND TRAINING |
||
Subsection 112(1) |
25,000 |
|
Subsection 112(2) |
25,000 |
|
Subsection 114(1) |
5,000 |
25,000 |
Subsection 114(2) |
5,000 |
25,000 |
DIVISION 6 — ACCESS CONTROLS |
||
Section 128 |
25,000 |
|
Section 131 |
5,000 |
|
Subsection 133(1) |
25,000 |
|
Subsection 133(2) |
25,000 |
|
Subsection 134(1) |
5,000 |
25,000 |
Subsection 134(2) |
5,000 |
25,000 |
Section 135 |
5,000 |
25,000 |
Section 136 |
5,000 |
|
Section 137 |
5,000 |
25,000 |
Section 138 |
5,000 |
25,000 |
Subsection 139(1) |
5,000 |
|
DIVISION 8 — ENHANCED ACCESS CONTROLS |
||
Subsection 144(2) |
25,000 |
|
Subsection 145(1) |
25,000 |
|
Subsection 145(4) |
25,000 |
|
Subsection 146(1) |
25,000 |
|
Subsection 146(2) |
25,000 |
|
Section 147 |
5,000 |
25,000 |
Paragraph 148(a) |
5,000 |
25,000 |
Paragraph 148(b) |
5,000 |
25,000 |
Section 149 |
25,000 |
|
Section 150 |
25,000 |
|
Section 151 |
25,000 |
|
Subsection 152(1) |
25,000 |
|
Subsection 152(2) |
25,000 |
|
Section 153 |
25,000 |
|
Section 154 |
25,000 |
|
Subsection 155(1) |
25,000 |
|
Subsection 155(2) |
25,000 |
|
Subsection 155(3) |
25,000 |
|
Section 156 |
25,000 |
|
Section 157 |
5,000 |
25,000 |
Subsection 158(1) |
25,000 |
|
Subsection 158(2) |
5,000 |
25,000 |
Section 159 |
25,000 |
|
Section 161 |
25,000 |
|
Section 162 |
25,000 |
|
Subsection 163(1) |
25,000 |
|
Subsection 163(2) |
25,000 |
|
Subsection 163(3) |
25,000 |
|
Subsection 163(4) |
25,000 |
|
Section 164 |
25,000 |
|
Section 165 |
5,000 |
|
Subsection 166(1) |
5,000 |
|
Section 167 |
5,000 |
|
Section 168 |
25,000 |
|
Subsection 169(1) |
25,000 |
|
Subsection 169(2) |
25,000 |
|
Subsection 169(3) |
25,000 |
|
Subsection 169(4) |
25,000 |
|
Section 170 |
25,000 |
|
Paragraph 171(1)(a) |
5,000 |
|
Paragraph 171(1)(b) |
5,000 |
|
Paragraph 171(1)(c) |
5,000 |
25,000 |
Paragraph 171(1)(d) |
5,000 |
|
Paragraph 171(1)(e) |
5,000 |
|
Paragraph 171(1)(f) |
5,000 |
|
Paragraph 171(1)(g) |
5,000 |
25,000 |
Paragraph 171(2)(a) |
5,000 |
25,000 |
Paragraph 171(2)(b) |
5,000 |
|
Subsection 172(1) |
5,000 |
|
Subsection 172(2) |
5,000 |
25,000 |
Section 173 |
5,000 |
25,000 |
Section 174 |
25,000 |
|
Subsection 175(1) |
5,000 |
|
Subsection 175(2) |
5,000 |
|
Subsection 176(1) |
5,000 |
25,000 |
Section 177 |
5,000 |
|
Section 178 |
25,000 |
|
Subsection 179(1) |
25,000 |
|
Subsection 180(1) |
25,000 |
|
Subsection 180(2) |
25,000 |
|
Subsection 181(1) |
5,000 |
|
Subsection 181(2) |
5,000 |
|
Subsection 181(3) |
5,000 |
25,000 |
Section 182 |
25,000 |
|
Subsection 183(2) |
25,000 |
|
Section 184 |
25,000 |
|
DIVISION 9 — AIRPORT SECURITY PROGRAMS |
||
Subsection 191(1) |
25,000 |
|
Paragraph 191(2)(a) |
25,000 |
|
Paragraph 191(2)(b) |
25,000 |
|
Paragraph 191(2)(c) |
10,000 |
|
Paragraph 191(2)(d) |
10,000 |
|
Paragraph 191(2)(e) |
25,000 |
|
Paragraph 191(2)(f) |
25,000 |
|
Paragraph 191(2)(g) |
25,000 |
|
Paragraph 191(2)(h) |
25,000 |
|
Paragraph 191(2)(i) |
25,000 |
|
Paragraph 191(2)(j) |
25,000 |
|
Paragraph 191(2)(k) |
10,000 |
|
Paragraph 191(2)(l) |
25,000 |
|
Subsection 193(1) |
25,000 |
|
Subsection 193(2) |
25,000 |
|
Paragraph 194(a) |
25,000 |
|
Paragraph 194(b) |
25,000 |
|
Subsection 195(1) |
10,000 |
|
Subsection 195(2) |
10,000 |
|
Subsection 195(3) |
10,000 |
|
Section 211 |
25,000 |
|
Subsection 212(1) |
25,000 |
|
Section 213 |
5,000 |
25,000 |
DIVISION 11 — PRIMARY SECURITY LINE PARTNERS |
||
Paragraph 225(a) |
5,000 |
25,000 |
Paragraph 225(b) |
5,000 |
25,000 |
Paragraph 225(c) |
5,000 |
25,000 |
Paragraph 225(d) |
5,000 |
25,000 |
Paragraph 225(e) |
5,000 |
25,000 |
Paragraph 225(f) |
5,000 |
25,000 |
Subsection 231(1) |
5,000 |
25,000 |
Subsection 231(2) |
5,000 |
25,000 |
Section 234 |
5,000 |
25,000 |
Subsection 235(1) |
5,000 |
25,000 |
PART 5 — CLASS 2 AERODROMES |
||
DIVISION 2 — THREATS AND INCIDENTS |
||
Section 253 |
25,000 |
|
Paragraph 254(a) |
25,000 |
|
Paragraph 254(b) |
25,000 |
|
Section 255 |
25,000 |
|
Paragraph 256(a) |
5,000 |
25,000 |
Paragraph 256(b) |
5,000 |
25,000 |
Section 257 |
25,000 |
|
Section 258 |
10,000 |
|
Section 259 |
10,000 |
|
DIVISION 4 — PERSONNEL AND TRAINING |
||
Subsection 270(1) |
25,000 |
|
Subsection 270(2) |
25,000 |
|
DIVISION 6 — ACCESS CONTROLS |
||
Section 284 |
25,000 |
|
Section 287 |
5,000 |
|
Subsection 289(1) |
25,000 |
|
Subsection 289(2) |
25,000 |
|
Subsection 290(1) |
25,000 |
|
Subsection 290(2) |
25,000 |
|
Section 291 |
5,000 |
25,000 |
Section 292 |
5,000 |
|
Section 293 |
5,000 |
25,000 |
Section 294 |
5,000 |
25,000 |
Subsection 295(1) |
5,000 |
|
DIVISION 8 — ENHANCED ACCESS CONTROLS |
||
Subsection 300(2) |
25,000 |
|
Subsection 301(1) |
25,000 |
|
Subsection 301(4) |
25,000 |
|
Subsection 302(1) |
25,000 |
|
Subsection 302(2) |
25,000 |
|
Section 303 |
5,000 |
25,000 |
Paragraph 304(a) |
5,000 |
25,000 |
Paragraph 304(b) |
5,000 |
25,000 |
Section 305 |
25,000 |
|
Section 306 |
25,000 |
|
Section 307 |
25,000 |
|
Subsection 308(1) |
25,000 |
|
Subsection 308(2) |
25,000 |
|
Section 309 |
25,000 |
|
Section 310 |
25,000 |
|
Subsection 311(1) |
25,000 |
|
Subsection 311(2) |
25,000 |
|
Subsection 311(3) |
25,000 |
|
Section 312 |
25,000 |
|
Section 313 |
5,000 |
25,000 |
Subsection 314(1) |
25,000 |
|
Subsection 314(2) |
5,000 |
25,000 |
Section 315 |
25,000 |
|
Section 317 |
25,000 |
|
Section 318 |
25,000 |
|
Subsection 319(1) |
25,000 |
|
Subsection 319(2) |
25,000 |
|
Subsection 319(3) |
25,000 |
|
Subsection 319(4) |
25,000 |
|
Section 320 |
25,000 |
|
Section 321 |
5,000 |
|
Subsection 322(1) |
5,000 |
|
Section 323 |
5,000 |
|
Section 324 |
25,000 |
|
Subsection 325(1) |
25,000 |
|
Subsection 325(2) |
25,000 |
|
Subsection 325(3) |
25,000 |
|
Subsection 325(4) |
25,000 |
|
Section 326 |
25,000 |
|
Paragraph 327(1)(a) |
5,000 |
|
Paragraph 327(1)(b) |
5,000 |
|
Paragraph 327(1)(c) |
5,000 |
25,000 |
Paragraph 327(1)(d) |
5,000 |
|
Paragraph 327(1)(e) |
5,000 |
|
Paragraph 327(1)(f) |
5,000 |
|
Paragraph 327(1)(g) |
5,000 |
25,000 |
Paragraph 327(2)(a) |
5,000 |
25,000 |
Paragraph 327(2)(b) |
5,000 |
|
Subsection 328(1) |
5,000 |
|
Subsection 328(2) |
5,000 |
25,000 |
Section 329 |
5,000 |
25,000 |
Section 330 |
25,000 |
|
Subsection 331(1) |
5,000 |
|
Subsection 331(2) |
5,000 |
|
Subsection 332(1) |
5,000 |
25,000 |
Section 333 |
5,000 |
|
Section 334 |
25,000 |
|
Subsection 335(1) |
25,000 |
|
Subsection 336(1) |
25,000 |
|
Subsection 336(2) |
25,000 |
|
Subsection 337(1) |
5,000 |
|
Subsection 337(2) |
5,000 |
|
Subsection 337(3) |
5,000 |
25,000 |
Section 338 |
25,000 |
|
Subsection 339(2) |
25,000 |
|
Section 340 |
25,000 |
|
DIVISION 9 — AIRPORT SECURITY PROGRAMS |
||
Subsection 347(1) |
25,000 |
|
Paragraph 347(2)(a) |
25,000 |
|
Paragraph 347(2)(b) |
25,000 |
|
Paragraph 347(2)(c) |
10,000 |
|
Paragraph 347(2)(d) |
10,000 |
|
Paragraph 347(2)(e) |
25,000 |
|
Paragraph 347(2)(f) |
25,000 |
|
Paragraph 347(2)(g) |
25,000 |
|
Paragraph 347(2)(h) |
25,000 |
|
Paragraph 347(2)(i) |
25,000 |
|
Paragraph 347(2)(j) |
25,000 |
|
Paragraph 347(2)(k) |
10,000 |
|
Paragraph 347(2)(l) |
25,000 |
|
Subsection 348(1) |
25,000 |
|
Subsection 348(2) |
25,000 |
|
Paragraph 349(a) |
25,000 |
|
Paragraph 349(b) |
25,000 |
|
Subsection 350(1) |
10,000 |
|
Subsection 350(2) |
10,000 |
|
Subsection 350(3) |
10,000 |
|
Section 372 |
25,000 |
|
Subsection 373(1) |
25,000 |
|
Subsection 374(1) |
5,000 |
25,000 |
Subsection 374(2) |
5,000 |
25,000 |
Section 380 |
5,000 |
25,000 |
PART 6 — CLASS 3 AERODROMES |
||
DIVISION 2 — THREATS AND INCIDENTS |
||
Section 408 |
25,000 |
|
Paragraph 409(a) |
25,000 |
|
Paragraph 409(b) |
25,000 |
|
Section 410 |
25,000 |
|
Paragraph 411(a) |
5,000 |
25,000 |
Paragraph 411(b) |
5,000 |
25,000 |
Section 412 |
25,000 |
|
Section 413 |
10,000 |
|
Section 414 |
10,000 |
|
DIVISION 4 — PERSONNEL AND TRAINING |
||
Subsection 425(1) |
25,000 |
|
Subsection 425(2) |
25,000 |
|
DIVISION 6 — ACCESS CONTROLS |
||
Section 441 |
5,000 |
|
Subsection 443(1) |
25,000 |
|
Subsection 443(2) |
25,000 |
|
Subsection 444(1) |
5,000 |
25,000 |
Subsection 444(2) |
5,000 |
25,000 |
Section 445 |
5,000 |
25,000 |
Section 446 |
5,000 |
|
Section 447 |
5,000 |
25,000 |
Section 448 |
5,000 |
25,000 |
Subsection 449(1) |
5,000 |
|
DIVISION 8 — AIRPORT SECURITY PROGRAMS |
||
Subsection 455(1) |
25,000 |
|
Paragraph 455(2)(a) |
25,000 |
|
Paragraph 455(2)(b) |
25,000 |
|
Paragraph 455(2)(c) |
10,000 |
|
Paragraph 455(2)(d) |
10,000 |
|
Paragraph 455(2)(e) |
25,000 |
|
Paragraph 455(2)(f) |
25,000 |
|
Paragraph 455(2)(g) |
25,000 |
|
Paragraph 455(2)(h) |
25,000 |
|
Paragraph 455(2)(i) |
25,000 |
|
Paragraph 455(2)(j) |
25,000 |
|
Paragraph 455(2)(k) |
10,000 |
|
Paragraph 455(2)(l) |
25,000 |
|
Subsection 456(1) |
25,000 |
|
Subsection 456(2) |
25,000 |
|
Paragraph 457(a) |
25,000 |
|
Paragraph 457(b) |
25,000 |
|
Subsection 458(1) |
10,000 |
|
Subsection 458(2) |
10,000 |
|
Subsection 458(3) |
10,000 |
|
Section 479 |
25,000 |
|
Subsection 480(1) |
25,000 |
|
Subsection 481(1) |
5,000 |
25,000 |
Subsection 481(2) |
5,000 |
25,000 |
Section 484 |
5,000 |
25,000 |
PART 7 — OTHER AERODROMES |
||
DIVISION 2 — THREATS AND INCIDENTS |
||
Section 509 |
5,000 |
25,000 |
Paragraph 510(a) |
5,000 |
25,000 |
Paragraph 510(b) |
5,000 |
25,000 |
Section 511 |
5,000 |
25,000 |
Paragraph 512(a) |
5,000 |
25,000 |
Paragraph 512(b) |
5,000 |
25,000 |
Section 513 |
5,000 |
25,000 |
Section 514 |
3,000 |
10,000 |
Section 515 |
3,000 |
10,000 |
PART 8 — AIRCRAFT SECURITY |
||
Subsection 539(1) |
5,000 |
25,000 |
Subsection 539(2) |
5,000 |
25,000 |
Subsection 540(1) |
5,000 |
25,000 |
Subsection 540(2) |
5,000 |
25,000 |
Subsection 540(3) |
5,000 |
|
Subsection 541(1) |
5,000 |
25,000 |
Subsection 541(2) |
5,000 |
25,000 |
Subsection 542(1) |
5,000 |
25,000 |
Subsection 542(2) |
5,000 |
25,000 |
Subsection 543(1) |
3,000 |
10,000 |
Subsection 543(2) |
3,000 |
10,000 |
Section 544 |
5,000 |
25,000 |
Section 545 |
5,000 |
25,000 |
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue
Canada’s aviation security regulatory instruments establish an essential framework for the federally regulated civil aviation industry and persons carrying out activities related to aviation, in order to prepare for, prevent and respond to security threats and risks. While Transport Canada’s current aviation security regulatory framework is robust, enhancements must be made over time in order to continuously improve and deliver a secure transportation system for Canadians in the face of rapidly evolving threats.
Expert third-party reports and independent audits have called on Canada to further harmonize its regulations with Annex 17 to the Convention on International Civil Aviation. Annex 17 calls on member states to set requirements for their aviation industry to establish, implement and maintain written security programs.
Industry feedback and these reports have also indicated a need to modernize and streamline aviation security regulations. The existing security regulations, the Canadian Aviation Security Regulations, need to be updated and reorganized into a more user-friendly structure that responds to industry “irritants” raised through consultations, including concerns regarding the structure of the Regulations, the clarity of certain requirements, and difficulties in meeting certain requirements.
Amendments to the Aeronautics Act pursuant to the Public Safety Act, 2002 require the disclosure into regulations those aviation security measures that fail to pass a confidentiality test, where that disclosure would not compromise aviation security. The current Canadian Aviation Security Regulations need to be restructured in order to accommodate future amendments, which include security measures that in the future will be disclosed and streamlined into public regulation.
The restructured Regulations will therefore promote efficiency and simplification by both providing a framework for future regulatory amendments, and effectively streamlining disclosed security measures whose disclosure would not compromise aviation security.
Objectives
This regulatory package enhances harmonization of Canada’s regulatory framework with international standards, and responds, as appropriate, to industry concerns, as well as recommendations from independent analysis.
The package is the result of an effort to revitalize and improve the existing regulatory framework in order to
- Ensure continued compliance with international obligations and standards;
- Promote Canada’s competitiveness and credibility internationally, and ensure support for international aviation security efforts;
- Increase effective and efficient management of security responsibilities and accountabilities for the aviation industry;
- Better apply industry and government security resources against identifiable risks;
- Improve the focus of security activities on performance and results; and
- Establish an enhanced foundation for industry accountability for a comprehensive, systematic and programs-based approach to managing and discharging their security responsibilities.
The objective of the Aviation Security Program portion of this regulatory initiative is to engage industry, beginning with airports (termed “aerodromes” in legislation), air carriers, the Canadian Air Transport Security Authority (CATSA), and other aviation service providers to be more involved and proactive in managing, coordinating, integrating and continuously improving security throughout their operations, which will enhance transportation security. Although adding some new requirements, this initiative has responded to industry concerns and has been adjusted to minimize compliance burden, while meeting international obligations. It is expected that aviation security programs will contribute to the outcomes of
Better informed policy makers, airport operators and other stakeholders: The Regulations will help industry move beyond passive compliance with regulations towards a more proactive and collaborative approach to security. The Regulations seek to achieve better-informed stakeholders by having security practices documented and by having operators more involved in proactively managing, coordinating and integrating security in their overall operations. This in turn is expected to lead to more effective, cost-efficient, and risk-based decision-making, a heightened awareness and focus on security, an improved understanding of roles and responsibilities, and an increased level of information sharing among all stakeholders.
Increased capacity and capability to address security threats and incidents: Transport Canada, airport operators and other key players will be better informed about the risks and vulnerabilities of a specific airport through a comprehensive, systemic and program-based approach to managing security, better enabling the aviation security system as a whole to detect, prevent, respond to and recover from security threats and incidents in a timely manner.
The other objectives of this package are to streamline, modernize and renew the aviation security regulatory framework, address some industry irritants, prepare the regulations to allow for the integration of previously confidential security measures after their disclosure to fulfill statutory requirements, and, in accordance with the Cabinet Directive on Streamlining Regulation, use a more performance-based approach where practicable.
Description
These new Canadian Aviation Security Regulations, 2012 repeal and replace the existing Canadian Aviation Security Regulations. The new Canadian Aviation Security Regulations, 2012 update and differ from the previous Canadian Aviation Security Regulations as follows:
Restructuring the Canadian Aviation Security Regulations
The regulatory package brings forth the Canadian Aviation Security Regulation, 2012 that are updated and reorganized in order to ease compliance burden with a user-friendly structure that groups together requirements as they apply to different classes of airports. This restructuring has been undertaken after consultation with both government and industry stakeholders to respond to their concerns that requirements are located throughout the regulations in a sometimes confusing fashion. The restructured Canadian Aviation Security Regulations, 2012 are easier for stakeholders to read and enable them to better understand their obligations. Restructuring also supports the introduction and streamlining of future aviation security requirements, and sustains future changes to the entire regulatory framework by avoiding a piecemeal approach in the future. The major structural changes are as follows:
- Rather than being grouped by activity, provisions are grouped together by class of airport for ease of reference for regulated entities;
- New parts have been added to regroup existing provisions regarding CATSA, ministerial powers and duties, and weapons, explosive substances or incendiary devices;
- Several portions of the restructured Canadian Aviation Security Regulations, 2012 have been reserved or left blank to efficiently streamline future amendments that may be necessary to address new threats or to efficiently plan for upcoming parts to the Regulations; and
- The designated provisions of the formerCanadian Aviation Security Regulations have been removed from the Designated Provisions Regulations and streamlined into the newly restructured Canadian Aviation Security Regulations, 2012 in order to further consolidate requirements, and facilitate enforcement and compliance efforts.
Restructuring supports a more effective enforcement regime, because, with obligations grouped together according to class of airport, oversight and enforcement expectations are clarified to ensure greater consistency.
Irritants
Several irritants identified by stakeholders as well as the Standing Joint Committee for the Scrutiny of Regulations are addressed.
- Definitions of “personal identification code” and “combination code” were modified to reflect the reality that characters other than numbers and letters can be used.
- Duplication between subsections 3(2) and (3) of the existing Regulations was eliminated. It was regarding the requirement for a screening authority to make sure a screening officer meets the requirements set out in subsection 3(1). This change is reflected in section 5 of the new Canadian Aviation Security Regulations, 2012.
- Item 4 of the table to subsection 78(2) was added so a pilot-in-command of an aircraft that is operated by a person other than an air carrier may, at an aerodrome, carry, transport or have access to an unloaded firearm and ammunition if the pilot-in-command of the aircraft is authorized by the operator of the aircraft to carry or have access to an unloaded firearm and ammunition for survival purposes.
- Requirements pertaining to escort and surveillance in limited areas that are defined for a specific purpose, such as construction or maintenance, in paragraphs 179(1)(b) and 335(1)(b) were clarified.
- The prohibition against a pilot-in-command who has access to a firearm at an aerodrome or on board an aircraft from consuming any alcohol was eliminated as this is already prohibited under the Canadian Aviation Regulations, section 602.03.
- Inspectors’ escort and conveyance escort privileges were added (sections 187, 188, 343 and 344) for clarity purposes.
Aviation Security Programs for airports
The implementation of Aviation Security Programs for airports is being done in two phases. The new, restructured Canadian Aviation Security Regulations, 2012 require all 89 designated airports (i.e. those airports designated for CATSA screening) to develop and implement the first phase of an Aviation Security Program. This first phase includes key foundational elements, which are as follows:
- Define, document and communicate the assigned aerodrome-related security roles and responsibilities of each of the operator’s employee groups and contractor groups;
- Develop and communicate a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
- The operator of an aerodrome must document how it achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to it, and keep documentation for two years;
- Establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;
- Establish and implement a security awareness program that promotes a culture of security vigilance and awareness;
- Assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making;
- Establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security to protect that information from unauthorized access;
- Disclose sensitive information respecting aviation security to persons employed at or requiring access to the aerodrome through the course of employment with assigned aerodrome-related security roles and responsibilities;
- Amend airport security programs if
- (a) An aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
- (b) The operator identifies an aviation security risk at the aerodrome that is not addressed by the program;
- Immediately take corrective actions, which may include a phased approach, to address an aviation security risk that is
- (a) identified to the operator by the Minister; or
- (b) identified by the operator;
- 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
- Have a security committee.
Key elements of the regulatory framework for primary security line (PSL) partners (including tenants) at Class 1 airports (i.e. those who are on the primary security line and have a restricted area access point) include
- Identifying a security official who is responsible for
- (a) the coordination and oversight of the day-to-day implementation of requirements that apply to primary security line partners; and
- (b) acting as the principal contact between the primary security line partner, the operator of the aerodrome and the Minister with respect to security matters including requirements that apply to primary security line partners;
- Defining and documenting airport security roles and responsibilities of its employees who require access to the restricted area;
- Establishing corrective actions to address airport security risks, incidents and breaches in respect of the primary security line;
- Establishing a security awareness program for employees who require access to the restricted area and who have not already been covered by the airport’s security awareness program; and
- Providing the following information to the airport operator:
- (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 primary security line partner receives, retains, discloses and disposes of sensitive information related to airport security (if they do these activities).
Primary security line partners at all classes of designated airports will have to provide to the airport operator information on measures, procedures and processes they have in place for protecting the security of the restricted area and preventing breaches of the primary security line (note: the Regulations do not require the creation of measures and procedures; rather, they must provide information to the airport on what they have in place).
The next phase of aviation security program requirements for airports (Phase II) is expected to include elements such as airport security risk assessments; security plans that articulate risk management strategies based on risks identified and prioritized in the security risk assessment (including regulated Aviation Security Response Levels that will require specified actions to address heightened threat conditions); the establishment of a Multi-Agency Advisory Committee, a body composed of law enforcement and key security organizations present at airports to share information related to threats and vulnerabilities for the purposes of carrying out an informed security risk assessment; security personnel training; and emergency plans and security exercises. These future amendments will be subject to the regulatory process, including prepublication in the Canada Gazette, Part Ⅰ.
Regulatory and non-regulatory options considered
Voluntary guidelines were considered as means for encouraging aerodrome operators to document and coordinate all security systems and processes at an airport in accordance with security industry “best practices.” However, mandatory requirements for operators to document, coordinate, and oversee the total of all security operations at airports were considered the most viable alternative as they will ensure timely co-operation in the management of unpredictable aviation security threats and incidents. In the absence of documentation and co-ordination requirements, there is no assurance that security systems and processes will be optimally managed. Unsystematic security management may jeopardize the safety and security of the airport community and the travelling public.
Due to the need to respond to industry’s concerns over the structure of the existing Canadian Aviation Security Regulations, amending only the existing Regulations was not a practical option. As a result, the current Regulations are being repealed and replaced with the restructured, more user-friendly Canadian Aviation Security Regulations, 2012.
Additionally, a minimalist approach was taken to the extent possible. For example, where feasible, some initial proposals are now being addressed through guidelines, rather than through regulation. Also, a performance-based approach has been taken to Aviation Security Program requirements for airports, with the Regulations requiring specific outcomes rather than prescriptive requirements for “how” security objectives should be achieved.
Benefits and costs
As required by the Cabinet Directive on Streamlining Regulation, an analysis of benefits and costs of the new Aviation Security Program (ASP) requirements was conducted to determine impacts on airports, primary security line partners (including tenants), the federal government, and Canadians. The Cost-Benefit Report is available on request.
Costs
The costs of the ASP requirements were estimated using a literature review concerning the International Civil Aviation Organization (ICAO) Annex 17 expectations, airport security program requirements of Canada’s key allies, economic theory and analysis pertaining to costs of security-related regulations and macro-economic impacts, as well as primary research and discussions with stakeholders.
The estimated total costs for 89 designated airports, some 240 primary security line partners, and the Federal Government are $69.7M over 10 years. Initial annual costs range from $488,000 for the largest international airports to $66,000 for smaller regional airports. Ongoing, the average annual costs range from $50,000 (smaller regional airports) to $225,000 (largest international airports).
Additional operating costs associated with new requirements may be incurred where existing security practices significantly differ from the new requirements, and will vary depending on the ability to integrate security requirements into existing business practices. For example,
- costs associated with the requirement to institute a security official and a security committee will occur only where such offices and committees are not already effectively in place;
- some minimal costs may be incurred by airport operators who do not effectively document security roles and responsibilities, nor have a system in place for managing and disseminating aviation security information; and
- there will be minimal costs incurred to develop and implement security awareness programs, particularly where there are none already in place.
The costs to government will be those associated with monitoring and enforcing the Regulations, and will be absorbed within existing resource allocations.
Benefits
The ASP requirements introduce a number of enhancements to security at Canadian airports, enhancements that are expected to reduce the probability and/or impact of unlawful interference with aviation:
- Documented programs would improve oversight of security roles and responsibilities for personnel with aviation security duties;
- Documented programs would facilitate and improve tracking security practices and procedures, as well as overall security management;
- Documented programs would coordinate the security regimes of all organizations with civil aviation security mandates at airports through enhanced information-sharing and security risk management; and
- Security program regulations would better align Canada with international standards and recommended practices, as well as further enhance Canada’s reputation in the field of international civil aviation.
These enhancements are expected to result in avoided human and economic impacts (e.g. prevented loss of life, damage to property), with more significant benefits accruing in areas that are relatively more vulnerable to terrorist threats. In addition, benefits would result due to the mitigation of risk in a sector (aviation) that is instrumental to Canada’s international trade, tourism and insurance sectors, with downstream linkages throughout the Canadian economy.
Given that both the probability and impact of unlawful interference are highly subjective and/or unknown, a quantification of these benefits is not possible. TC has therefore conducted a break-even analysis to determine the benefits needed to justify the costs. Assuming the present value of costs of the ASP requirements is $69.7 million, and the impact of a successful act of unlawful interference with civil aviation, such as a terrorist attack, is $1.225 billion, the ASP requirements must bring about a reduction in the annual probability of a successful attack of 0.8% to break even. Given the potentially high impact of an act or attempted act of unlawful interference with civil aviation, the enhanced security practices resulting from the ASP requirements are expected to produce benefits that significantly exceed the break-even level.
Cost-Benefit |
Base |
2013 |
2014 |
Final |
Total (Present |
Aver- |
|
|---|---|---|---|---|---|---|---|
A. Quantified impacts in $ |
|||||||
Bene- |
The ASP requirements are expected to enhance security at Canadian airports, and reduce the probability and/or impact of unlawful interference with aviation. However, given that both the probability and impact are highly subjective and/or unknown, a quantification of benefits is not possible. TC has conducted a break-even analysis, to determine the benefits needed to justify the costs. TC expects that the actual benefits of the Regulations would significantly exceed the break-even level. The ASP requirements must bring about a reduction in the annual probability of a successful attack of 0.8% to break even. |
||||||
Costs |
Air- |
$8,659,850 |
$6,046,833 |
$6,046,833 |
$6,165,633 |
$46,717,877 |
$6,351,935 |
Part- |
$3,734,000 |
$2,257,333 |
$2,257,333 |
$2,557,333 |
$18,649,427 |
$2,529,800 |
|
Govern- |
$2,222,755 |
$333,413 |
$333,413 |
$333,413 |
$4,305,550 |
$522,347 |
|
Canad- |
$0 |
$0 |
$0 |
$0 |
$0 |
$0 |
|
Total |
$14,616,605 |
$8,637,580 |
$8,637,580 |
$9,056,380 |
$69,672,853 |
$9,404,082 |
|
Net benefits |
Greater than $0 |
||||||
B. Qualitative impacts |
|||||||
Canadians |
|
||||||
Canadian |
|
||||||
Airports |
|
||||||
Partners |
|
||||||
Rationale
Canada, as a member state of ICAO, is expected to conform to the international standard of having documented Aviation Security Programs for its aviation industry and bring this requirement into its domestic regulations. The Canadian Aviation Security Regulations, 2012 lay the groundwork and, in combination with future regulation, help further harmonize Canadian requirements with international standards, ensuring that Canada does not face a loss of credibility internationally.
Aviation Security Programs for airports are designed to promote coordination and integration of security at airports, especially with respect to access control, clarity of roles and responsibilities, and result in thorough, clearly outlined and consistent mitigation measures. The performance-based approach will allow the appropriate implementation according to the size and scale of the regulated entities’ operations.
Responding to concerns from both government and industry stakeholders that requirements are located throughout the Regulations in a sometimes confusing fashion, the regulatory package brings forth Canadian Aviation Security Regulations, 2012 that are updated and reorganized to ease compliance burden with a user-friendly structure that groups together requirements as they apply to different classes of airports. The new Regulations are easier for stakeholders to read and enable them to better understand their obligations.
In order to address some irritants identified by stakeholders, the Regulations were changed to provide clarity and precision.
Restructuring also provides the means to streamline and sustain future changes to the regulatory framework.
Consultation
The restructuring of the regulations and requirements for Aviation Security Programs were developed using feedback and input from extensive consultations with stakeholders for more than two years. Key participants in the consultation process included aerodrome operators, air carriers, CATSA, other government departments and agencies, NAV CANADA, industry associations, labour groups and other organizations and businesses operating on security boundary lines at airports that have aviation security roles and responsibilities.
Stakeholder groups have been consulted throughout the development of the ASP requirements through various mechanisms including face-to-face meetings, pilot project activities, information sessions and direct mail consultations. As an official forum, Transport Canada has informed, engaged and consulted key participants represented on the Aviation Security Regulatory Review Technical Committee, which includes but is not limited to Aéroport de Québec, Greater Toronto Airport Authority (GTAA), Ottawa International Airport Authority, Kelowna International Airport, Yellowknife Airport, Toronto City Centre Airport, Victoria Airport Authority, West Kootenay Regional (Castlegar) Airport, Air Canada, WestJet, Air Transat, First Air, Canadian Owners and Pilots Association (COPA), Air Line Pilots Association (ALPA), Air Canada Pilots Association (ACPA), International Air Transport Association (IATA), Air Transport Association of Canada (ATAC), Canadian Airports Council (CAC), Canadian Business Aviation Association (CBAA), Northern Air Transport Association (NATA), Regional Community Airports Coalition of Canada (RCACC), Conseil des aéroports du Québec (CAQ), National Airlines Council of Canada (NACC), Canadian Union of Public Employees (CUPE), Teamsters Canada, Canadian Labour Congress (CLC), Gate Gourmet Canada, Purolator Courier Ltd., Federal Express Canada Ltd. (FedEx), DHL Express (Canada) Ltd., CATSA, and the Government of the Northwest Territories.
As part of Transport Canada’s preliminary consultations, a notice of intentwas published in the Canada Gazette, Part Ⅰ, on March 27, 2010, requesting comments from the public on the intention to update the Canadian Aviation Security Regulations to include, among other things, requirements for Aviation Security Programs for airports. The notice provided an overview of the proposed regulatory principles being considered by the Department.
These consultations have resulted in a phased approach to Aviation Security Program regulations for airports. Foundational elements will be implemented first, resulting in enhanced security management and practices, and subsequent assessment to further improve security operations. Consultations have also resulted in refining the overall scope in terms of what really needs to be regulated. For example, consultations identified where Transport Canada was inadvertently affecting assignment of management responsibilities within industry organizations, thus security official requirements were simplified and clarified. Requirements for primary security line partners (such as tenants) at airports who have a role to play in overall airport security were refined to focus on essential activities, including providing information to airports, to support development of the airport’s Aviation Security Program.
Consultation following pre-publication in the Canada Gazette, Part Ⅰ
This regulatory package was pre-published in the Canada Gazette, Part Ⅰ, on February 12, 2011, followed by a 60-day comment period. In addition, Transport Canada informed the Aviation Security Regulatory Review Technical Committee, whose role is to discuss issues related to the review and renewal of aviation security regulatory instruments, of the publishing of the proposed Regulations.
Written submissions were received from 9 stakeholders, with a total of 51 comments, all from the aviation industry.
Stakeholders recognized Transport Canada’s efforts to simplify and restructure the Regulations to increase clarity. Two stakeholders provided a written submission declaring no issues with the proposed Regulations.
While a review of the entire regulatory framework is currently underway, the current regulatory proposal focuses on restructuring of the Regulations and the inclusion of Aviation Security Programs for airports. Consequently, more than 55% of the comments were outside the scope of the current proposal. However they have been noted and will be subject to further analysis and consultation as Transport Canada prepares for subsequent stages of the regulatory revitalization process.
Cost
One stakeholder suggested that Transport Canada provide compensation to airports to cover the costs of implementation of ASPs. Transport Canada has no plans to provide funding to airports to compensate for costs incurred in order to comply with proposed Regulations.
Simplification of Class 3 requirements
Three of the comments suggested that requirements be further simplified for Class 3 airports. Transport Canada has since reviewed requirements for all classes of airports and has reduced and further simplified requirements. Of note, since pre-publication, Transport Canada has removed the regulatory requirements for many processes that were required for Aviation Security Programs, specifically
- A process for communicating roles and responsibilities;
- A process for communicating the security policy statement;
- A process for developing corrective actions; and
- A process for assessing, disseminating risk information within the operator’s organization.
The requirements themselves remain, but Transport Canada will not regulate the process used to fulfill the requirement.
Request to extend implementation timelines
Five of the stakeholders requested more time to implement Aviation Security Program requirements. Transport Canada is sensitive to such implementation concerns and has developed guidance material in close consultation with industry to facilitate implementation, and has simplified and reduced requirements to further ease implementation. Transport Canada extended the implementation timelines by two months for Class 1 airports and by five months for Class 2 and Class 3 airports.
Clarification on Regulations
Five of the comments were seeking specific clarification related to proposed Aviation Security Program regulations; changes were not required as a result of those comments. The Regulations will be accompanied by guidance material to clarify concepts and expectations in order to help operators in their implementation.
Suggestions for changes
One stakeholder suggested that the definition of “personal identification code” include characters other than numbers and letters. Transport Canada made this change to that definition and to the definition of “combination code.”
One stakeholder suggested that the definition of “primary security line partner” be expanded “to include anyone who occupies space on the primary security line regardless of whether or not they have access points or not.” Transport Canada had narrowed the definition of primary security line partner following industry consultation from a broader definition to encompass only those who have care and control responsibilities of a primary security line access point, and as a result will not be expanding the definition.
One stakeholder suggested that the timelines for amendments made by airports to their Aviation Security Programs should be regulated. Transport Canada will not formally regulate this issue, but will consider recommending a timeline in the supporting guidance material.
One stakeholder was concerned about the Minister’s authority under section 372 concerning corrective actions. Transport Canada has changed the word “mitigate” in this provision to “address” to allow operators a range of options to manage security risks.
One stakeholder questioned whether the information provided by primary security line partners in paragraph 374(1)(a) should be in the form of a document. Transport Canada will not set out the method of exchange in the requirement in order to allow for greater flexibility and reduce administrative burden on the operator and primary security line partner(s), and to allow for information to be shared quickly when required.
One stakeholder suggested that the requirements for Security Committees are exaggerated for Class 3 airports. Transport Canada will not be amending the provision as section 458 clarifies the objective of the Security Committee (an existing requirement), but also provides flexibility to the operator. It does not prescribe the forum or method of exchange of information.
Implementation, enforcement and service standards
Transport Canada’s philosophy on the enforcement of the Canadian Aviation Security Regulations, 2012 stresses promoting compliance as the preferred means of achieving a secure aviation environment. Where necessary, contraventions of these Regulations will be sanctioned through the suspension or cancellation of Canadian aviation documents under section 6.9 of the Aeronautics Act, the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Act or through judicial action introduced by way of summary conviction as per subsection 7.3(3) of the Act.
Performance measurement and evaluation
While Transport Canada recognizes that the results of security regulations are difficult to measure because they pertain mainly to detection and prevention, improvements in security performance should be evident following implementation of security programs due to enhanced collaborative working relationships and a more proactive approach to achieving security objectives. Additionally, Transport Canada will be looking to the airport community to provide further information on whether these new proposals have made noticeable improvements to security in their facilities.
In keeping with the life-cycle approach to regulating under the Cabinet Directive on Streamlining Regulation, the effectiveness of the security program portion of these Regulations will be measured by an operational performance framework that is currently being developed. The framework is intended to use evidence-based analysis, through monitoring and tracking of enforcement results, to identify whether the intended results of regulation are being achieved.
The new requirements contribute to several key aviation security outcomes, including
- increased alignment of aviation security with risk;
- increased compatibility with international standards and trading partners; and
- more effective enforcement and compliance with the regulations.
Contact
Wendy Nixon
Director
Aviation Security Regulatory Review
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-1282
Fax: 613-949-9199
Footnote a
S.C. 2004, c. 15, s. 5
Footnote b
S.C. 1992, c. 4, s. 7
Footnote c
S.C. 2004, c. 15, s. 18
Footnote d
S.C. 2004, c. 15, s. 18
Footnote e
S.C. 2001, c. 29, s. 39
Footnote f
R.S., c. A-2
Footnote 1
SOR/2000-112
Footnote 2
SOR/2000-111