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

Act current to 2024-03-06

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;

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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: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

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      (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.

The following provision is not in force.

Marginal note:Provision of space

 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.

The following provision is not in force.

Marginal note:Agreement

 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.

The following provision is not in force.

Marginal note:Screening contractor

  • The following provision is not in force.

     (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.

  • The following provision is not in force.

    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.

The following provision is not in force.

Marginal note:Criteria

  • The following provision is not in force.

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

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    Marginal note:Certification

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

  • The following provision is not in force.

    Marginal note:Varying, suspending or cancelling certification

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

The following provision is not in force.

Marginal note:Prohibition

 It is prohibited for any person, other than the designated screening authority or a person or entity authorized by the designated screening authority, to provide security screening services referred to in section 18.

Charges

Imposition and Establishment

The following provision is not in force.

Marginal note:Imposition of charges

  • The following provision is not in force.

     (1) The designated screening authority may impose charges for security screening services that it makes available or provides under section 18 at aerodromes designated by the regulations that are to be paid by or in respect of

    • The following provision is not in force.

      (a) passengers who are required to undergo screening under the Aeronautics Act; and

    • The following provision is not in force.

      (b) persons, other than passengers, who are required to undergo screening under that Act.

  • The following provision is not in force.

    Marginal note:Exception — paragraph (1)(a)

    (2) A charge must not be imposed under paragraph (1)(a) in respect of the following passengers:

    • The following provision is not in force.

      (a) a person who is entitled under the Foreign Missions and International Organizations Act to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to that Act or in Article 49 of the Convention set out in Schedule II to that Act;

    • The following provision is not in force.

      (b) a child under the age of two years, unless that child has been issued a ticket that entitles them to occupy a seat;

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      (c) a passenger who is transported on a state aircraft of a foreign country, unless the foreign country is designated under subsection (5);

    • The following provision is not in force.

      (d) any other person prescribed by regulation.

  • The following provision is not in force.

    Marginal note:Exception — paragraph (1)(b)

    (3) A charge must not be imposed under paragraph (1)(b) in respect of a person prescribed by regulation.

  • The following provision is not in force.

    Marginal note:Charges collected by air carrier

    (4) A charge imposed under paragraph (1)(a) may be collected only in accordance with section 37, unless the charge is to be paid by or in respect of a passenger who is transported on a state aircraft of a foreign country that is designated under subsection (5).

  • The following provision is not in force.

    Marginal note:Designation

    (5) The Governor in Council may, by order, designate any foreign country for the purposes of paragraph (2)(c) and subsection (4).

 

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