Secure Air Travel Act (S.C. 2015, c. 20, s. 11)

Short Title

Marginal note:Short title

1 This Act may be cited as the Secure Air Travel Act.

Her Majesty

Marginal note:Binding on Her Majesty

2 This Act is binding on Her Majesty in right of Canada or a province.

Interpretation

Marginal note:Definitions

3 The following definitions apply in this Act.

air carrier

air carrier has the same meaning as in subsection 3(1) of the Aeronautics Act. (transporteur aérien)

aviation reservation system

aviation reservation system has the same meaning as in subsection 3(1) of the Aeronautics Act. (système de réservation de services aériens)

list

list means the list established under subsection 8(1). (liste)

listed person

listed person means a person whose name is on the list. (personne inscrite)

Minister

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

screening

screening has the same meaning as in section 4.7 of the Aeronautics Act. (contrôle)

sterile area

sterile area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone stérile)

transportation security

transportation security has the same meaning as in subsection 4.81(0.1) of the Aeronautics Act. (sûreté des transports)

Application

Marginal note:General rule

• 4 (1) Subject to any regulations made under this Act, this Act applies to all persons, both inside and outside Canada.

• Marginal note:Conflict of laws

  (2) Nothing in this Act is to be construed as requiring a person to contravene, or an aircraft to be operated in contravention of, a law of a foreign state that applies to or in respect of the person or aircraft.

Marginal note:Contraventions outside Canada

5 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision of this Act or its regulations is deemed to have committed the act or omission in Canada, and the person may be proceeded against and punished in the place in Canada where the person is found, as if the contravention had been committed in that place.

Air Carriers

Marginal note:Duty — air carriers

• 6 (1) An air carrier that holds Canadian aviation documents, as defined in subsection 3(1) of the Aeronautics Act, must comply with the requirements of this Act and its regulations before allowing any person to board an aircraft or transporting any person.

• Marginal note:Duty to provide information to Minister

  (2) An air carrier must provide to the Minister within any time and in any manner that may be prescribed by regulation, the following information about each person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if that information is in the air carrier’s control:

  • (a) their surname, first name and middle names;

  • (b) their date of birth;

  • (c) their gender; and

  • (d) any other information that is prescribed by regulation.

• Marginal note:Deemed fulfilment of duty

  (3) If the information that an air carrier is required to provide under subsection (2) is provided to the Minister by an operator of an aviation reservation system, within any time and in any manner that may be prescribed for the purpose of that subsection, the air carrier is deemed to have provided that information to the Minister under that subsection.

• Marginal note:Duty to provide information on request

  (4) An air carrier or an operator of an aviation reservation system, as the case may be, must provide to the Minister or the Minister of Transport, or to any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation, the information that is requested by that Minister, person or entity about any person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if the information is in the air carrier’s or operator’s control.

• Marginal note:Limitation — Minister and Minister of Transport

  (5) The Minister or the Minister of Transport may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and he or she may request that information only in respect of a listed person or a person who he or she has reason to believe is a listed person.

• Marginal note:Limitation — other persons or entities

  (6) Any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and they may request that information only in respect of a listed person or a person who they have reason to believe is a listed person and only if the information is to be used for the purpose of assisting the Minister in the administration and enforcement of this Act.

Minister

Marginal note:Delegation

7 The Minister may delegate his or her powers, duties and functions under this Act to any officer or employee, or any class of officers or employees, of the Department of Public Safety and Emergency Preparedness.

Marginal note:Exemption power — urgent situations, etc.

• 7.1 (1) The Minister may, by order, on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of subsection 6(2) or of a provision of the regulations with respect to any flight specified in the order if, in his or her opinion,

  • (a) the urgency of a situation or circumstances beyond the air carrier’s control would make it difficult for it to comply with that subsection or provision; and

  • (b) the exemption is not likely to adversely affect transportation security.

• Marginal note:Exemption from Statutory Instruments Act

  (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Marginal note:Exemption power — tests

7.2 The Minister may, by order, for any period and on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of a provision of the regulations to allow for the conduct of tests, including tests of new kinds of technologies and tests of alternative measures to those set out in the provision, so as to allow him or her to determine whether any changes to the regulations are required as a result, if, in his or her opinion, the exemption is not likely to adversely affect transportation security.

Marginal note:List

• 8 (1) The Minister may establish a list on which is placed the surname, first name and middle names, any alias, the date of birth and the gender of any person, and any other information that is prescribed by regulation that serves to identify the person, if the Minister has reasonable grounds to suspect that the person will

  • (a) engage or attempt to engage in an act that would threaten transportation security; or

  • (b) travel by air for the purpose of committing an act or omission that

    • (i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition terrorism offence in section 2 of that Act, or

    • (ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i).

• Marginal note:Review of list

  (2) The Minister must review the list every 90 days to determine whether the grounds for which each person’s name was added to the list under subsection (1) still exist and whether the person’s name should remain on the list. The review does not affect the validity of the list.

• Marginal note:Amendment of list

  (3) The Minister may at any time amend the list

  • (a) by deleting the name of a person and all information relating to them if the grounds for which their name was added to the list no longer exist; or

  • (b) by changing the information relating to a listed person.

• Marginal note:Exemption from Statutory Instruments Act

  (4) The list is exempt from the application of the Statutory Instruments Act.

Directions

Marginal note:Directions

• 9 (1) The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular,

  • (a) the denial of transportation to a person; or

  • (b) the screening of a person before they enter a sterile area of an airport or board an aircraft.

• Marginal note:Exemption from Statutory Instruments Act

  (2) A direction made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Collection and Disclosure of Information

Marginal note:Assistance to Minister

10 The following persons or entities may assist the Minister in the administration and enforcement of this Act, including by collecting information from, and disclosing information to, the Minister and each other:

• (a) the Minister of Transport;

• (b) the Minister of Citizenship and Immigration;

• (c) a member of the Royal Canadian Mounted Police or a civilian employee of that police force;

• (d) the Director or an employee of the Canadian Security Intelligence Service;

• (e) an officer or employee of the Canada Border Services Agency; and

• (f) any other person or entity prescribed by regulation.

Marginal note:Pre-flight verification of identity

10.1 The Minister may, for the purpose of issuing a unique identifier to a person to assist with the verification of their identity before a flight, collect any personal information that they provide.

Marginal note:Identification of listed persons

10.2 The Minister may, for the purpose of identifying listed persons who are on board or expected to be on board an aircraft,

• (a) collect the information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3); and

• (b) collect the information that is provided under subsection 6(4).

Marginal note:Disclosure of information provided under subsection 6(2)

• 10.3 (1) The Minister may disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3)

  • (a) for the purpose of obtaining assistance in identifying listed persons who are on board or expected to be on board an aircraft, if the information relates to a person who the Minister has reason to believe is a listed person; and

  • (b) 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 with rules of court relating to the production of information.

• Marginal note:Listed persons

  (2) Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3), if the information relates to a listed person.

Marginal note:Disclosure of other information

11 Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is obtained in the exercise or performance of his or her powers, duties or functions under this Act, other than information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3).

Marginal note:Foreign states

12 The Minister may enter into a written arrangement with the government of a foreign state, an institution of such a government or an international organization relating to the disclosure of any information that he or she is, under subsection 10.3(2) or section 11, permitted to disclose, and may disclose the list, in whole or in part, to the state, institution or organization only in accordance with the arrangement.

Marginal note:Disclosure to parent

12.1 The Minister may disclose to a child’s parent, or to a child’s guardian or tutor if they have the rights and responsibilities of a parent in relation to the child, that the child is not a listed person.

Marginal note:Minister of Transport

13 The Minister of Transport may, for the purposes of assisting the Minister in the administration and enforcement of this Act,

• (a) disclose the list to air carriers and to operators of aviation reservation systems;

• (b) collect from air carriers and operators of aviation reservation systems any information that is provided under subsection 6(4);

• (c) disclose to air carriers any direction made by the Minister under section 9; and

• (d) disclose information collected from air carriers and operators of aviation reservation systems to the Minister and to any other person or entity referred to in section 10.