Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to sections 4.71a and 4.9b of the Aeronautics Act, hereby makes the annexed Identity Screening Regulations.S.C. 2004, c. 15, s. 5S.C. 1992, c. 4, s. 7INTERPRETATION[SOR/2011-156, s. 2(F)]The definitions in this section apply in these Regulations.Act means the Aeronautics Act. (Loi)boarding pass includes a ticket or other document that is both accepted by an air carrier and approved by an aerodrome operator as confirmation of the holder’s status as a passenger on a flight. (carte d’embarquement)The required identification to take a domestic flight isone piece of government-issued photo identification that shows the holder’s name, date of birth and gender;two pieces of government-issued identification, at least one of which shows the holder’s name, date of birth and gender; ora restricted area identity card.The required identification to take an international flight isone piece of government-issued photo identification that shows the holder’s name, date of birth and gender; ora restricted area identity card.
SOR/2011-156, s. 3.
Previous VersionAPPLICATIONThese Regulations apply in respect of the following passenger-carrying flights if the passengers are screened before boarding for weapons, explosive substances, incendiary devices or their components or other dangerous items that could be used to jeopardize the security of an aerodrome or an aircraft:domestic flights that depart from aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and are conducted by air carriers under Subpart 5 of Part VII of the Canadian Aviation Regulations; andinternational flights that depart from or will arrive at aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and are conducted by air carriersunder Subpart 1 of Part VII of the Canadian Aviation Regulations using aircraft that have a maximum certificated take-off weight (MCTOW) of more than 8 618 kg (19,000 pounds) or have a seating configuration, excluding crew seats, of 20 or more, orunder Subpart 5 of Part VII of the Canadian Aviation Regulations.SCREENINGCheck-InAn air carrier shall, before issuing a boarding pass to any person who appears to be 18 years of age or older, screen the person by comparing his or her name with the names of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.If the name of the person is the same as that of a person specified to the air carrier, the air carrier shall compare the name, date of birth and gender on the required identification with those of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.If the name, date of birth and gender on the identification are the same as those of a person specified to the air carrier, the air carrier shall immediately so inform the Minister.
SOR/2008-250, s. 1;
SOR/2011-156, s. 4.
Previous VersionDespite subsection 3(2), an air carrier may use alternative forms of identification to screen a person if the person presents documentation issued by a government or a police service and attesting to the loss or theft of the required identification. Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.
SOR/2011-156, s. 5.
An air carrier shall not allow a person to print a boarding pass at a kiosk or off the Internet if the person’s name is the same as that of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.Boarding GateAn air carrier shall, at a boarding gate for a flight, screen each passenger taking the flight by looking at the passenger, and in particular his or her entire face, to determine if he or she appears to be 18 years of age or older.The air carrier shall screen each passenger who appears to be 18 years of age or older bycomparing the passenger, and in particular his or her entire face, against the required identification; andcomparing the name on the passenger’s boarding pass with the required identification.
SOR/2008-250, s. 2;
SOR/2011-156, s. 6.
Previous VersionDespite subsection 5(2), an air carrier may use alternative forms of identification to screen a passenger if the passenger presents documentation issued by a government or a police service and attesting to the loss or theft of the required identification. Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.
SOR/2011-156, s. 6.
An air carrier shall not transport a passenger ifthe passenger presents a piece of photo identification and does not resemble the photograph;the passenger does not appear to be the age indicated by the date of birth on the identification he or she presents;the passenger does not appear to be of the gender indicated on the identification he or she presents; orthe passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.Despite paragraph (1)(a), an air carrier may transport a passenger who presents a piece of photo identification but does not resemble the photograph ifthe passenger’s appearance changed for medical reasons after the photograph was taken and the passenger presents the air carrier with a document signed by a health care professional and attesting to that fact; orthe passengers’s face is bandaged for medical reasons and the passenger presents the air carrier with a document signed by a health care professional and attesting to that fact.
SOR/2011-156, s. 6.
If there is a major discrepancy between the name on the identification presented by a passenger and the name on the passenger’s boarding pass, an air carrier shall compare the name, date of birth and gender on the identification with those of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.If the name, date of birth and gender on the identification are the same as those of a person specified to the air carrier, the air carrier shall immediately so inform the Minister.
SOR/2011-156, s. 6.
Contact InformationIf an air carrier informs the Minister that the name, date of birth and gender on the identification of a person being screened are the same as those of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the air carrier shall provide the Minister with an e-mail address and fax number to which the Minister can send emergency directions respecting the person.If an emergency direction is made in respect of a person specified to an air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the Minister shall provide the air carrier with contact information for the Department of Transport’s Office of Reconsideration and the air carrier shall make that contact information available to the person.Duration of ScreeningsIf an air carrier informs the Minister that the name, date of birth and gender on the identification of a person being screened are the same as those of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the screening is not completed until the Minister or a person authorized by the Minister under section 4.77 of the Act makes an emergency direction or informs the air carrier that an emergency direction will not be made.Currency of InformationAn air carrier shall ensure that any system it uses to comply with sections 3 to 5.3 uses only the most up-to-date information provided to the air carrier by the Minister respecting persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.
SOR/2008-250, s. 3;
SOR/2011-156, s. 9.
Previous VersionIf the Minister informs an air carrier that a person is no longer specified under paragraph 4.81(1)(b) of the Act, the air carrier shall immediately remove all information respecting that person from any system it uses to comply with sections 3 to 5.3.
SOR/2008-250, s. 3;
SOR/2011-156, s. 9.
Previous VersionPROTECTION OF INFORMATIONNo person shall, in respect of a person specified to an air carrier by the Minister under paragraph 4.81(1)(b) of the Act,disclose any information respecting the specified person that was provided to the air carrier by the Minister for the purposes of these Regulations, including the person’s name, date of birth, gender and the fact that he or she is, or was, specified; oruse the information for any purpose other than complying with sections 3 to 5.3.
SOR/2008-250, s. 3;
SOR/2011-156, s. 9.
Previous VersionAn air carrier shall ensure thataccess to information respecting persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act is restricted to air carrier employees, agents or contractors who require the access to carry out their duties; andaccess by those employees, agents or contractors is limited to the extent necessary to carry out those duties.
SOR/2008-250, s. 3.
An air carrier shall keep an updated list of all employees, agents or contractors of the air carrier who have access to all information respecting all the persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.The air carrier shall provide the list to the Minister on reasonable notice given by the Minister.
SOR/2008-250, s. 3.
DESIGNATED PROVISIONSA provision set out in column 1 of the schedule 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.The amount set out in column 2 or column 3 of the schedule 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.
SOR/2011-156, s. 7.
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.