An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)
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Assented to 2004-05-06
An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety
S.C. 2004, c. 15
Assented to 2004-05-06
An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety
SUMMARY
This enactment amends certain Acts of Canada, and enacts the Biological and Toxin Weapons Convention Implementation Act, in order to enhance public safety.
Part 1 amends the Aeronautics Act to enhance the scope and objectives of the existing aviation security regime.
The amendments permit the Minister and delegated officers to make emergency directions of no more than 72 hours duration in order to provide an immediate response to situations involving aviation security, and they permit the Minister to delegate to his or her deputy, for the same purpose, the power to make security measures. They clarify and expand the regulation making power relating to screening. They require air carriers or operators of aviation reservation systems to provide information concerning specified flights or persons. They also require them to provide information for transportation security purposes and national security purposes. They create a new offence concerning passengers who are unruly or who jeopardize the safety or security of an aircraft in flight. They provide a legislative basis for security clearances. They also authorize the making of regulations that require the establishment of security management systems by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities.
Part 2 amends the definitions of “screening” and “screening point” in the Canadian Air Transport Security Authority Act to include emergency directions made under the Aeronautics Act. It also permits the Authority to enter into agreements with operators of designated aerodromes respecting the sharing of policing costs.
Part 3 amends the Canadian Environmental Protection Act, 1999 to authorize the Minister to make an interim order under Part 8 of that Act if the appropriate Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health.
Part 4 adds a new offence to the Criminal Code for communicating information or committing any act that is likely to lead others to falsely believe that terrorist activity is occurring, with the intention of causing persons to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property.
Part 5 amends the Department of Citizenship and Immigration Act to permit the Minister to enter into agreements or arrangements to share information with a province or group of provinces, foreign governments or international organizations.
Part 6 amends the Department of Health Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk.
Part 7 amends the Explosives Act to implement the Organization of American States Inter American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials as it relates to explosives and ammunition. It prohibits the illicit manufacturing of explosives, and illicit trafficking in explosives. It allows for increased control over the importation, exportation, transportation through Canada, acquisition, possession and sale of explosives and certain components of explosives, and provides increased penalties for certain offences.
Part 8 amends the Export and Import Permits Act by providing for control over the export and transfer of technology, as defined, in addition to control over the export of goods as provided for in the Export and Import Permits Act at present. It also authorizes the Minister of Foreign Affairs to address security concerns when considering applications for permits to export or transfer goods or technology.
Part 9 amends the Food and Drugs Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health, safety or the environment and immediate action is required to deal with the risk.
Part 10 amends the Hazardous Products Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk.
Part 11 amends the Immigration and Refugee Protection Act to allow for the making of regulations relating to the collection, retention, disposal and disclosure of information for the purposes of that Act. The amendments also allow for the making of regulations providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs.
Part 12 amends the Marine Transportation Security Act to permit the Minister to enter into agreements respecting security of marine transportation and to make contributions or grants in respect of actions that enhance security on vessels or at marine facilities.
Part 13 amends the National Defence Act to allow for the identification and prevention of the harmful unauthorized use of, or interference with, computer systems and networks of the Department of National Defence or the Canadian Forces, and to ensure the protection of those systems and networks. The amendments also clarify the provisions dealing with active service and the definition of “emergency”. In cases of aid to the civil power, the amendments allow the Minister to provide direction to the Chief of the Defence Staff on how to respond to provincial requisitions. The amendments provide for a member of the reserve force who is called out on service during an emergency to be reinstated with their former employer at the conclusion of the period of call out. The amendments also establish the Reserve Military Judges Panel, thus making it possible to increase, according to the needs of the military justice system, the number of officers who can be selected to hear military cases.
Part 14 amends the National Energy Board Act by extending the powers and duties of the National Energy Board to include matters relating to the security of pipelines and international power lines. It authorizes the Board, with the approval of the Governor in Council, to make regulations respecting the security of pipelines and international power lines. It provides the Board with authority to waive the requirement to publish notice of certain applications in the Canada Gazette if there is a critical shortage of electricity. It authorizes the Board to take measures in its proceedings and orders to ensure the confidentiality of information that could pose a risk to security, in particular the security of pipelines and international power lines.
Part 15 amends the Navigable Waters Protection Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to safety or security and immediate action is required to deal with the risk.
Part 16 amends the Office of the Superintendent of Financial Institutions Act by authorizing the Superintendent of Financial Institutions to disclose to the Financial Transactions and Reports Analysis Centre of Canada information related to compliance by financial institutions with Part 1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
Part 17 amends the Personal Information Protection and Electronic Documents Act to permit the collection and use of personal information for reasons of national security, the defence of Canada or the conduct of international affairs, or when the disclosure of the information is required by law.
Part 18 amends the Pest Control Products Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health, safety or the environment and immediate action is required to deal with the risk.
Part 19 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act by extending the types of government databases from which the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) may collect information considered relevant to money laundering or terrorist financing to include national security databases. The amendments also authorize FINTRAC to exchange information related to compliance with Part 1 of that Act with regulators and supervisors of persons and entities subject to that Act, in order to facilitate FINTRAC's compliance responsibilities under that Act.
Part 20 amends the Quarantine Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk.
Part 21 amends the Radiation Emitting Devices Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk.
Part 22 amends the Canada Shipping Act and the Canada Shipping Act, 2001 to authorize the appropriate Minister or Ministers to make an interim order if the Minister or Ministers believe that there is a significant risk to safety, security or the environment and immediate action is required to deal with the risk.
Part 23 enacts the Biological and Toxin Weapons Convention Implementation Act.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Public Safety Act, 2002.
PART 1R.S., c. A-2AERONAUTICS ACT
2. (1) The definition textes d'application in subsection 3(1) of the French version of the Aeronautics Act is repealed.
Marginal note:1992, c. 4, s. 1(3)(F)
(2) The definition “Canadian aviation document” in subsection 3(1) of the Act is replaced by the following:
“Canadian aviation document”
« document d'aviation canadien »
“Canadian aviation document” means, subject to subsection (3), any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service;
(3) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:
“aviation reservation system”
« système de réservation de services aériens »
“aviation reservation system” means a system that provides the capability to make reservations or issue tickets for air services;
“aviation security regulation”
« règlement sur la sûreté aérienne »
“aviation security regulation” means a regulation made under subsection 4.71(1);
“emergency direction”
« directive d'urgence »
“emergency direction” means a direction made under section 4.76 or 4.77;
“interim order”
« arrêté d'urgence »
“interim order” means an interim order made under subsection 6.41(1) or (1.1);
“security clearance”
« habilitation de sécurité »
“security clearance” means a security clearance granted under section 4.8 to a person who is considered to be fit from a transportation security perspective;
“security measure”
« mesure de sûreté »
“security measure” means a measure made under subsection 4.72(1) or 4.73(1);
(4) Section 3 of the Act is amended by adding the following after subsection (2):
Marginal note:Exception
(3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.2:
(a) a security clearance;
(b) a restricted area pass that is issued by the Minister in respect of an aerodrome that the Minister operates; and
(c) a Canadian aviation document specified in an aviation security regulation for the purpose of this subsection.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
3. Subsection 4.3(1) of the Act is replaced by the following:
Marginal note:Delegation by Minister
4.3 (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction.
Marginal note:Exception
(1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so.
4. Subsection 4.4(2) of the Act is amended by striking out the word “or” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) in respect of any security measure that is carried out by the Minister; or
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, ss. 5, 6; 1999, c. 31, ss. 5, 6
5. Sections 4.7 and 4.8 of the Act are replaced by the following:
Interpretation
Marginal note:Definitions
4.7 The following definitions apply in sections 4.71 to 4.85.
“goods”
« bien »
“goods” means anything that may be taken or placed on board an aircraft, or that may be brought into an aerodrome or other aviation facility, including personal belongings, baggage, cargo and conveyances.
“screening”
« contrôle »
“screening” means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders.
Aviation Security Regulations
Marginal note:Aviation security regulations
4.71 (1) The Governor in Council may make regulations respecting aviation security.
Marginal note:Contents of regulations
(2) Without limiting the generality of subsection (1), regulations may be made under that subsection
(a) respecting the safety of the public, passengers, crew members, aircraft and aerodromes and other aviation facilities;
(b) respecting restricted areas in aircraft or at aerodromes or other aviation facilities, including regulations respecting their identification, access to them and their administration or management;
(c) respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility;
(d) respecting the screening of goods that are intended to be taken or placed on board an aircraft or brought into an aerodrome or other aviation facility, or that are inside an aircraft or an aerodrome or other aviation facility, including regulations authorizing the use of force to gain access to goods being screened;
(e) respecting the seizure or detention of goods in the course of screenings, including regulations respecting the destruction of seized or detained goods;
(f) respecting the prevention of unlawful interference with civil aviation and the action that is to be taken if that interference occurs or is likely to occur;
(g) requiring any person or any class of persons to have a security clearance as a condition to conducting any activity specified in the regulations or to being
(i) the holder of a Canadian aviation document,
(ii) a crew member, or
(iii) the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations;
(h) respecting the making of applications for security clearances and the information to be provided by applicants;
(i) specifying Canadian aviation documents for the purpose of paragraph 3(3)(c);
(j) establishing security requirements for the design or construction of aircraft and aerodromes and other aviation facilities;
(k) requiring security management systems to be established by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems;
(l) establishing security requirements for equipment, systems and processes used in aircraft and aerodromes and other aviation facilities;
(m) respecting the qualifications, training and standards of performance of classes of persons having responsibilities for security requirements;
(n) respecting the testing of the effectiveness of equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; and
(o) respecting the provision to the Minister of aviation security related information specified in the regulations.
Security Measures
Marginal note:Minister may make security measures
4.72 (1) The Minister may make measures respecting aviation security.
Marginal note:Restriction
(2) The Minister may only make a security measure in relation to a particular matter if
(a) an aviation security regulation could be made in relation to that matter; and
(b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.
Marginal note:Suspension of s. 4.79(1) and repeal of security measure
(3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must
(a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and
(b) repeal the security measure before the earlier of
(i) the day that is one year after the notice is published, and
(ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure.
Marginal note:Effect of notice
(4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published.
Marginal note:Consultation
(5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.
Marginal note:Exception
(6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.
Marginal note:Minister may carry out security measure
(7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.
Marginal note:Deputy may make measures
4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.
Marginal note:Restriction
(2) The Minister's deputy may only make a security measure in relation to a particular matter if
(a) an aviation security regulation could be made in relation to that matter; and
(b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.
Marginal note:Minister may carry out security measure
(3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so.
Marginal note:Duration
(4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days.
Marginal note:Relationship with regulations
4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.
Marginal note:Conflict
(2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.
Foreign Aircraft Requirements
Marginal note:Foreign aircraft requirements
4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister.
Emergency Directions
Marginal note:Emergency directions
4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting
(a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them;
(b) the diversion of aircraft to alternate landing sites; and
(c) the movement of aircraft or persons at aerodromes or other aviation facilities.
Marginal note:Authorized officer may make emergency direction
4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.
Marginal note:Duration
4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.
Marginal note:Relationship with regulations and security measures
4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.
Marginal note:Conflict
(2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.
Unauthorized Disclosure
Marginal note:Unauthorized disclosure — security measures
4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.
Marginal note:Court to inform Minister
(2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.
Marginal note:Order
(3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure.
Security Clearances
Marginal note:Granting, suspending, etc.
4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.
Provision of Information
Marginal note:Definition
4.81 (0.1) The following definition applies in this section and in section 4.82.
“transportation security”
« sûreté des transports »
“transportation security” means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,
(a) loss of life or personal injury;
(b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or
(c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure.
Marginal note:Requirement to provide information
(1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule
(a) that is in the air carrier's or operator's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or
(b) that is in the air carrier's or operator's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer.
Marginal note:Restriction on disclosure — Department of Transport
(2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security.
Marginal note:Restriction on disclosure — other persons
(3) Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to
(a) the Minister of Citizenship and Immigration;
(b) the Minister of National Revenue;
(c) the chief executive officer of the Canadian Air Transport Security Authority; and
(d) a person designated under subsection 4.82(2) or (3).
Marginal note:Restriction on further disclosures
(4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed
(a) in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration;
(b) in the case of information disclosed to the Minister of National Revenue, only to persons in the Canada Customs and Revenue Agency;
(c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and
(d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5).
Marginal note:Deeming
(5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5).
Marginal note:Destruction of information
(6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection.
Marginal note:Destruction of information
(7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection.
Marginal note:Destruction of information
(8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3).
Marginal note:Application
(9) Subsections (6) to (8) apply despite any other Act of Parliament.
Marginal note:Amendment of schedule
(10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.
Marginal note:Definitions
4.82 (1) The following definitions apply in this section.
“Commissioner”
« commissaire »
“Commissioner” means the Commissioner of the Royal Canadian Mounted Police.
“Director”
« directeur »
“Director” means the Director of the Canadian Security Intelligence Service.
“warrant”
« mandat »
“warrant” means
(a) a warrant issued in Canada in respect of the arrest of a person for the commission of an offence that may be punishable under any Act of Parliament by imprisonment for a term of five years or more and that is specified by regulations made under subsection (20);
(b) a warrant issued under subsection 55(1) or 82(1) of the Immigration and Refugee Protection Act; or
(c) a warrant or other document issued outside Canada relating to the arrest of a person who can be extradited from Canada under subsection 3(1) of the Extradition Act.
Marginal note:Designation of persons
(2) The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police.
Marginal note:Designation of persons
(3) The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section.
Marginal note:Requirement to provide information
(4) The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule
(a) that is in the air carrier's or operator's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or
(b) that is in the air carrier's or operator's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.
Marginal note:Requirement to provide information
(5) The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule
(a) that is in the air carrier's or operator's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or
(b) that is in the air carrier's or operator's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.
Marginal note:Disclosure to other designated persons
(6) Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3).
Marginal note:Restriction on disclosure of information to other persons
(7) A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information.
Marginal note:Disclosure to Minister and air carriers, etc.
(8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.
Marginal note:Disclosure to Aircraft Protective Officer
(9) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security.
Marginal note:Urgent disclosure
(10) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) if he or she has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person and that the person to whom the disclosure is to be made is in a position to take measures to respond to the threat and needs the information to respond. In making the disclosure the designated person may disclose information only to the extent that he or she believes the information is necessary to respond to the threat.
Marginal note:Disclosure to peace officer
(11) A person designated under subsection (2) may disclose information referred to in subsection (7) to any peace officer if the designated person has reason to believe that the information would assist in the execution of a warrant.
Marginal note:Disclosure to employee of the Canadian Security Intelligence Service
(12) A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a “threat to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act.
Marginal note:Recording of reasons
(13) A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed.
Marginal note:Destruction of information
(14) Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained.
Marginal note:Review of information
(15) At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. The Commissioner and the Director must each keep a record of their review.
Marginal note:Exception
(16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13).
Marginal note:Application
(17) Subsections (14) and (15) apply despite any other Act of Parliament.
Marginal note:Right to provide information preserved
(18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful.
Marginal note:Right to collect information under other Acts preserved
(19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful.
Marginal note:Regulations
(20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section.
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