Canadian Air Transport Security Authority Act (S.C. 2002, c. 9, s. 2)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Air Transport Security Authority Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

Authority

Authority means the Canadian Air Transport Security Authority established by subsection 5(1). (Administration)

authorized aerodrome operator

authorized aerodrome operator means an operator of an aerodrome designated by the regulations who is authorized by the Authority under section 7 to deliver screening. (exploitant d’aérodrome autorisé)

board

board means the board of directors of the Authority established by section 10. (conseil)

Minister

Minister means the Minister of Transport. (ministre)

screening

screening means screening, including a search, performed in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act. (contrôle)

screening contractor

screening contractor means a contractor retained by the Authority or an authorized aerodrome operator to deliver screening. (fournisseur de services de contrôle)

screening officer

screening officer means a screening officer who is employed by the Authority, an authorized aerodrome operator or a screening contractor to perform screening. (agent de contrôle)

screening point

screening point means a point where screening is delivered, either directly or through a screening contractor, by the Authority or by an authorized aerodrome operator acting on behalf of the Authority, in order to meet the requirements of aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act. (point de contrôle)

Marginal note:Interpretation

• 3 (1) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Aeronautics Act and the aviation security regulations made under it.

• Marginal note:Air transport security

  (2) Unless specifically provided for, nothing in this Act affects air transport security responsibilities imposed under the Aeronautics Act on persons other than the Authority.

• Marginal note:Inconsistencies with other Acts

  (3) In the event of any inconsistency between the provisions of this Act and the provisions of Part X of the Financial Administration Act, the provisions of this Act prevail.

Role of the Minister

Marginal note:Minister responsible

• 4 (1) The Minister is the appropriate minister for the Authority for the purposes of Part X of the Financial Administration Act.

• Marginal note:Directions to the Authority

  (2) The Minister may issue a written direction to the Authority, addressed to the Chairperson, on any matter related to air transport security.

• Marginal note:Directions binding

  (3) The Authority and its directors, officers and employees of the Authority must comply with a direction issued under this section.

• Marginal note:Directions in Authority’s best interest

  (4) Compliance with the direction is deemed to be in the best interests of the Authority.

• Marginal note:Directions not statutory instruments

  (5) A direction is not a statutory instrument for the purposes of the Statutory Instruments Act.

Establishment and Mandate of the Authority

Marginal note:Establishment

• 5 (1) There is hereby established a body corporate to be called the Canadian Air Transport Security Authority.

• Marginal note:Agent of Her Majesty

  (2) The Authority is for all purposes an agent of Her Majesty in right of Canada.

• Marginal note:Headquarters

  (3) The headquarters of the Authority must be at such place in Canada as may be designated by the Governor in Council.

• Marginal note:Financial year

  (4) The Authority’s financial year begins on April 1 of one year and ends on March 31 of the following year, unless the Governor in Council directs otherwise.

Marginal note:Mandate

• 6 (1) The Authority’s mandate is to take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening points, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport.

• Marginal note:Restricted areas

  (1.1) For the purposes of subsection (1), a restricted area is an area designated as a restricted area under the Aeronautics Act at an aerodrome designated by the regulations or at any other place, including any other aerodrome, designated by the Minister.

• Marginal note:Other responsibilities

  (2) The Authority is responsible for ensuring consistency in the delivery of screening across Canada and for any other air transport security function provided for in this Act. It is also responsible for air transport security functions that the Minister may assign to it, subject to any terms and conditions that the Minister may establish.

• Marginal note:Carrying out mandate

  (3) The Authority must carry out its responsibilities under this section in the public interest, having due regard to the interest of the travelling public. Those responsibilities are a governmental function.

Marginal note:Authorizing aerodrome operators to deliver screening

• 7 (1) The Authority may authorize the operator of an aerodrome designated by the regulations to deliver screening on its behalf at that aerodrome, either directly or through a screening contractor, subject to any terms and conditions that the Authority may establish.

• Marginal note:Limitation

  (2) The Authority may not authorize the operator to deliver screening unless it is satisfied that the operator can meet the terms and conditions established by the Authority and deliver screening efficiently and effectively, having regard to the following factors:

  • (a) the cost and service advantages;

  • (b) the operator’s capability to deliver screening; and

  • (c) how screening, if done by the operator, would be integrated with other security functions at the aerodrome.

• Marginal note:Payments

  (3) The Authority may, in the terms and conditions of an authorization, agree to make payments to the authorized aerodrome operator to compensate them for the reasonable costs incurred by them in delivering screening.

• Marginal note:Not an agent of Her Majesty

  (4) An authorized aerodrome operator does not become an agent of Her Majesty by reason only of delivering screening under an authorization.

Marginal note:Criteria for screening contractors and officers

• 8 (1) The Authority must establish criteria respecting the qualifications, training and performance of screening contractors and screening officers, that are as stringent as or more stringent than the standards established in the aviation security regulations made under the Aeronautics Act.

• Marginal note:Certification

  (2) The Authority must certify all screening contractors and officers against the criteria established under subsection (1).

• Marginal note:Varying, suspending or cancelling certification

  (3) If the Authority determines that a screening contractor or officer no longer meets the criteria in respect of which they were certified, the Authority may vary, suspend or cancel their certification.

• Marginal note:Contracting

  (4) The Authority may establish contracting policies specifying minimum requirements respecting wages and terms and conditions of employment that persons must meet in order to be awarded a contract by or on behalf of the Authority for the delivery of screening. The Authority must establish such policies if required to do so by the Minister.

• Marginal note:Contracts for services or procurement

  (5) The Authority must establish policies and procedures for contracts for services and for procurement that ensure that the Authority’s operational requirements are always met and that promote transparency, openness, fairness and value for money in purchasing.

Legal Powers of the Authority

Marginal note:Legal powers

9 In carrying out its mandate, the Authority has, subject to this Act, the capacity, rights, powers and privileges of a natural person.

Structure of the Authority

Board

Marginal note:Establishment

• 10 (1) There shall be a board of directors of the Authority consisting of eleven directors, including the Chairperson, appointed by the Governor in Council on the recommendation of the Minister.

• Marginal note:Directors nominated by airline industry and aerodrome operators

  (2) Two of the directors must be nominees submitted by the representatives of the airline industry designated under section 11 whom the Minister considers suitable for appointment as directors, and two must be nominees submitted by the representatives of aerodrome operators designated under that section whom the Minister considers suitable for appointment as directors.

• Marginal note:Tenure of directors

  (3) Each director holds office during pleasure for any term of not more than five years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors.

• Marginal note:Vacancy on board

  (4) If the Governor in Council has not appointed all of the directors referred to in subsection (1) but the number appointed constitutes a quorum, the directors who have been appointed may exercise all the powers of the board.

Marginal note:Designation

11 The Minister may designate representatives or classes of representatives of the airline industry and of aerodrome operators to propose nominees to the Minister for appointment to the board.

Marginal note:Qualifications of directors

• 12 (1) The directors must be persons who, in the opinion of the Governor in Council, have the experience and the capacity required for discharging their duties and functions.

• Marginal note:Persons not eligible for appointment

  (2) No person may be appointed or continue as a director of the Authority who

  • (a) is not a Canadian citizen or a permanent resident under the Immigration and Refugee Protection Act;

  • (b) is a member of the Senate or House of Commons or a member of a legislature;

  • (c) is employed on a full-time basis in the public service of Canada or of a province; or

  • (d) is a mayor, councillor, officer or employee of a municipality.

Marginal note:Renewal of term

13 The Governor in Council may renew the term of office of any director for a maximum of one further term of not more than five years.

Marginal note:Part-time office

• 14 (1) The directors must carry out the duties and functions of their office on a part-time basis.

• Marginal note:Directors’ fees

  (2) The directors must be paid by the Authority the remuneration fixed by the Governor in Council for each day that they attend meetings of the board or any of its committees or perform other duties required of them as directors of the Authority.

Marginal note:Expenses

15 The directors are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of residence.

Chairperson

Marginal note:Powers, duties and functions

16 The Chairperson must preside at meetings of the board and exercise any powers and perform any duties and functions that are assigned by the by-laws of the Authority.

Chief Executive Officer

Marginal note:Appointment and tenure

17 The chief executive officer of the Authority is to be appointed by the Governor in Council to hold office during pleasure for any term that the Governor in Council considers appropriate.

Marginal note:Role of chief executive officer

18 The chief executive officer is responsible for the day-to-day management of the Authority.

Marginal note:Incapacity or vacancy

19 In the event of the absence or incapacity of, or a vacancy in the office of, the chief executive officer, the board may appoint an employee of the Authority to exercise the powers and perform the duties and functions of the chief executive officer, but the employee has no authority to act as chief executive officer for a period exceeding 90 days without the approval of the Governor in Council.

Marginal note:Exclusion

20 The chief executive officer may not be appointed as a director.

Marginal note:Full-time office

• 21 (1) The chief executive officer must carry out the duties and functions of his or her office on a full-time basis.

• Marginal note:Remuneration

  (2) The Authority must pay the chief executive officer the remuneration fixed by the Governor in Council.

Marginal note:Expenses

22 The chief executive officer is entitled to be paid reasonable travel and living expenses incurred in the course of performing his or her duties while absent from his or her ordinary place of work.

Role of the Board

Marginal note:Role of the board

23 The board is responsible for the management of the activities and affairs of the Authority.

Marginal note:By-laws

24 The board may make by-laws respecting the management and conduct of the activities and affairs of the Authority and the carrying out of the duties and functions of the board, including by-laws establishing

• (a) a code of ethics for the directors, officers and employees of the Authority;

• (b) committees of the board, including a human resources committee and an audit committee; and

• (c) contracting policies for the Authority.