Identity Screening Regulations (SOR/2007-82)

Regulations are current to 2014-10-27 and last amended on 2011-07-29. Previous Versions

Identity Screening Regulations

SOR/2007-82

AERONAUTICS ACT

Registration 2007-04-26

Identity Screening Regulations

P.C. 2007-602 2007-04-26

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to sections 4.71Footnote a and 4.9Footnote b of the Aeronautics Act, hereby makes the annexed Identity Screening Regulations.

INTERPRETATION

[SOR/2011-156, s. 2(F)]
  •  (1) The definitions in this section apply in these Regulations.

    “Act”

    “Act” means the Aeronautics Act. (Loi)

    “boarding pass”

    “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)

  • (2) The required identification to take a domestic flight is

    • (a) one piece of government-issued photo identification that shows the holder’s name, date of birth and gender;

    • (b) two pieces of government-issued identification, at least one of which shows the holder’s name, date of birth and gender; or

    • (c) a restricted area identity card.

  • (3) The required identification to take an international flight is

    • (a) one piece of government-issued photo identification that shows the holder’s name, date of birth and gender; or

    • (b) a restricted area identity card.

  • SOR/2011-156, s. 3.

APPLICATION

 These 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:

SCREENING

Check-In

  •  (1) An 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.

  • (2) 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.

  • (3) 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.

 Despite 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 Gate

  •  (1) An 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.

  • (2) The air carrier shall screen each passenger who appears to be 18 years of age or older by

    • (a) comparing the passenger, and in particular his or her entire face, against the required identification; and

    • (b) comparing the name on the passenger’s boarding pass with the required identification.

  • SOR/2008-250, s. 2;
  • SOR/2011-156, s. 6.

 Despite 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.
  •  (1) An air carrier shall not transport a passenger if

    • (a) the passenger presents a piece of photo identification and does not resemble the photograph;

    • (b) the passenger does not appear to be the age indicated by the date of birth on the identification he or she presents;

    • (c) the passenger does not appear to be of the gender indicated on the identification he or she presents; or

    • (d) the passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.

  • (2) Despite paragraph (1)(a), an air carrier may transport a passenger who presents a piece of photo identification but does not resemble the photograph if

    • (a) the 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; or

    • (b) the 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.
  •  (1) 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.

  • (2) 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 Information

 If 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 Screenings

 If 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 Information

 An 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.

 If 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.

PROTECTION OF INFORMATION

 No person shall, in respect of a person specified to an air carrier by the Minister under paragraph 4.81(1)(b) of the Act,

  • (a) 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; or

  • (b) use the information for any purpose other than complying with sections 3 to 5.3.

  • SOR/2008-250, s. 3;
  • SOR/2011-156, s. 9.

 An air carrier shall ensure that

  • (a) access 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; and

  • (b) access by those employees, agents or contractors is limited to the extent necessary to carry out those duties.

  • SOR/2008-250, s. 3.
  •  (1) 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.

  • (2) The air carrier shall provide the list to the Minister on reasonable notice given by the Minister.

  • SOR/2008-250, s. 3.

DESIGNATED PROVISIONS

  •  (1) A 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.

  • (2) 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.

  • SOR/2011-156, s. 7.

SCHEDULE(Section 14)

DESIGNATED PROVISIONS

ItemColumn 1Column 2Column 3
Designated ProvisionMaximum Amount Payable ($)Maximum Amount Payable ($)
IndividualCorporation
1.Subsection 3(1)5,00025,000
2.Subsection 3(2)5,00025,000
3.Subsection 3(3)5,00025,000
4.Section 45,00025,000
5.Subsection 5(1)5,00025,000
6.Subsection 5(2)5,00025,000
7.Subsection 5.2(1)5,00025,000
8.Subsection 5.3(1)5,00025,000
9.Subsection 5.3(2)5,00025,000
10.Section 65,00025,000
11.Section 95,00025,000
12.Section 105,00025,000
13.Paragraph 12(a)5,00025,000
14.Paragraph 12(b)5,00025,000
15.Subsection 13(1)5,00025,000
16.Subsection 13(2)5,00025,000
  • SOR/2011-156, s. 8.