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Security Screening Services Commercialization Act (S.C. 2019, c. 29, s. 270)

Act current to 2020-10-05

Security Screening Services Commercialization Act

S.C. 2019, c. 29, s. 270

Assented to 2019-06-21

An Act respecting the commercialization of security screening services

[Enacted by section 270 of chapter 29 of the Statutes of Canada, 2019, sections 14, 16 to 24, 37 to 42 and 44 to 46 and subsection 47(1) not in force.]

Short Title

Marginal note:Short title

 This Act may be cited as the Security Screening Services Commercialization Act.

Interpretation and Application

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    Agency

    Agency means the Canadian Transportation Agency. (Office)

    designated screening authority

    designated screening authority means the body corporate designated under section 7. (administration de contrôle désignée)

    Minister

    Minister means the Minister of Transport. (ministre)

    screening contractor

    screening contractor means a person or entity authorized under section 21 by the designated screening authority to conduct screening. (fournisseur de services de contrôle)

    screening officer

    screening officer means an individual who is employed by the designated screening authority or a screening contractor to conduct screening. (agent de contrôle)

    state aircraft

    state aircraft means an aircraft, other than an aircraft operated for commercial purposes, that is owned and operated by the government of a country or the government of a colony, dependency, province, state, territory or municipality of a country. (aéronef d’État)

    transfer date

    transfer date means the day specified as the transfer date in an agreement between the Canadian Air Transport Security Authority and the designated screening authority. (date de cession)

  • Marginal note:Words and expressions — Aeronautics Act

    (2) Unless the context requires otherwise, words and expressions used in this Act have the same meaning as in the Aeronautics Act and aviation security regulations.

Marginal note:Publishing

 Any obligation under this Act for the designated screening authority to publish information or a document is satisfied if

  • (a) the information or document is published on its website; and

  • (b) the information or document is made available on request at its head office.

Marginal note:Aeronautics Act

 Nothing in this Act affects the application of the Aeronautics Act.

Marginal note:Exception

 This Act does not apply in respect of any aerodrome or aircraft operated by or under the authority of the Minister of National Defence.

Her Majesty

Marginal note:Binding on Her Majesty

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

Designated Screening Authority

Marginal note:Designation

 The Governor in Council may, by order, designate a body corporate incorporated under the Canada Not-for-profit Corporations Act as the designated screening authority for the purposes of this Act.

Marginal note:Not an Agent of Her Majesty

 The designated screening authority is not an agent of Her Majesty in right of Canada.

Marginal note:Head office

 The designated screening authority must have its head office in Canada.

Marginal note:Official Languages Act

 The Official Languages Act applies to the designated screening authority as if it were a federal institution.

Marginal note:Canada’s international obligations

 The designated screening authority must take any measure that the Minister considers necessary to permit Canada to meet its international obligations under bilateral and multilateral agreements in respect of aeronautics.

Marginal note:Amendment of articles of incorporation

  •  (1) The designated screening authority must not amend its articles of incorporation without the prior written approval of the Minister.

  • Marginal note:Amendment or repeal of by-laws

    (2) The designated screening authority must not amend or repeal a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal without the prior written approval of the Minister.

  • Marginal note:Inconsistency

    (3) The designated screening authority must not make a by-law if that by-law would be inconsistent with a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal. The designated screening authority must not amend or repeal a by-law that does not require the Minister’s approval to amend or repeal if the amendment or repeal would be inconsistent with a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal.

Marginal note:Financial statements

 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish its audited financial statements for that financial year and provide the Minister with a copy.

The following provision is not in force.

Marginal note:Information respecting charges

 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish the following information in relation to charges referred to in subsection 24(1):

  • The following provision is not in force.

    (a) the amount of each charge;

  • The following provision is not in force.

    (b) the circumstances in which each charge applies;

  • The following provision is not in force.

    (c) the formula or other method used to determine the amount of each charge;

  • The following provision is not in force.

    (d) any policy respecting the refund of charges imposed under paragraph 24(1)(a).

Marginal note:Service standards

 At least once every year beginning on the first anniversary of the transfer date, the designated screening authority must, in respect of each aerodrome that is designated by the regulations and at which more than 500,000 passengers emplaned in the previous year, publish service standards with respect to the screening of passengers, a report on average monthly passenger wait times and a report on the results of passenger satisfaction surveys.

Powers of Minister

The following provision is not in force.

Marginal note:Directions

  • The following provision is not in force.

     (1) The Minister may issue a written direction to the designated screening authority on any matter respecting aviation security.

  • The following provision is not in force.

    Marginal note:Duty to consult

    (2) Before issuing a direction, the Minister must consult the designated screening authority with respect to the content of the direction and the time at which it will be issued.

  • The following provision is not in force.

    Marginal note:Direction binding

    (3) The designated screening authority and its directors, officers and employees must comply with a direction as soon as feasible. Compliance with a direction is deemed to be in the designated screening authority’s best interests.

  • The following provision is not in force.

    Marginal note:Notice of implementation

    (4) The designated screening authority must notify the Minister as soon as feasible after a direction has been implemented.

  • The following provision is not in force.

    Marginal note:Non-application of Statutory Instruments Act

    (5) The Statutory Instruments Act does not apply to a direction.

The following provision is not in force.

Marginal note:Confidential information

 The designated screening authority and screening contractors must keep confidential any information the publication of which, in the opinion of the Minister, would be detrimental to aviation security or public security, including financial and other data that might reveal that information.

Security Screening Services

The following provision is not in force.

Marginal note:Obligation

  • The following provision is not in force.

     (1) The designated screening authority must 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 checkpoints, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport.

  • The following provision is not in force.

    Marginal note:Restricted areas

    (2) For the purposes of subsection (1), a restricted area is an area designated as a restricted area under the Aeronautics Act

    • The following provision is not in force.

      (a) at an aerodrome designated by the regulations; or

    • The following provision is not in force.

      (b) at any other place, including any other aerodrome, designated by the Minister under subsection (3).

  • The following provision is not in force.

    Marginal note:Designation

    (3) The Minister may, by order, designate a place for the purposes of paragraph (2)(b).

  • The following provision is not in force.

    Marginal note:Non-application of Statutory Instruments Act

    (4) The Statutory Instruments Act does not apply to an order made under subsection (3).

  • The following provision is not in force.

    Marginal note:Public interest

    (5) The designated screening authority must carry out its obligation under this section in the public interest, having due regard to the interest of the travelling public.

  • The following provision is not in force.

    Marginal note:Safety of public

    (6) The screening referred to in subsection (1) is deemed for all purposes to be a service that is necessary to prevent an immediate and serious danger to the safety of the public.

 
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