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

Marginal note:Information respecting charges

14 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):

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  (a) the amount of each charge;

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  (b) the circumstances in which each charge applies;

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

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

Marginal note:Directions

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

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  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.

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  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.

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  Marginal note:Notice of implementation

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

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  Marginal note:Non-application of Statutory Instruments Act

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

Marginal note:Confidential information

17 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.

Marginal note:Obligation

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  18 (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.

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  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

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

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

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  Marginal note:Designation

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

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  Marginal note:Non-application of Statutory Instruments Act

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

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  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.

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  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.

Marginal note:Provision of space

19 Every operator of an aerodrome designated by the regulations and every person responsible for a place designated under subsection 18(3) must provide space at the aerodrome or place to the designated screening authority and maintain that space free of charge. The operator or person must also provide services in relation to that space that are reasonably required by the designated screening authority at a reasonable cost agreed to by the operator or person and the designated screening authority.

Marginal note:Agreement

20 The designated screening authority and the person responsible for a place designated under subsection 18(3) must enter into an agreement respecting the provision of security screening services under section 18.

Marginal note:Screening contractor

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  21 (1) The designated screening authority may authorize a person or entity to conduct the screening referred to in section 18 on its behalf, subject to any terms and conditions that the designated screening authority may establish.

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  Marginal note:Factors

  (2) The designated screening authority may authorize a person or entity to conduct screening only if it is satisfied that the person or entity can meet the terms and conditions established by the designated screening authority and conduct the screening efficiently and effectively, having regard to the following factors:

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    (a) the cost and service advantages;

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    (b) the person or entity’s capability to conduct the screening;

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    (c) the manner in which the screening would be integrated with other security functions.

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  Marginal note:Restriction

  (3) A screening contractor must not authorize a person or entity, other than a screening officer, to conduct the screening referred to in section 18 on its behalf.