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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 (continued)

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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.

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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.

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Marginal note:Screening contractor

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     (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.

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Marginal note:Criteria

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     (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).

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    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

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Marginal note:Imposition of charges

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     (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

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

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

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

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

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      (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;

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      (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);

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      (d) any other person prescribed by regulation.

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    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.

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    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).

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    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).

Marginal note:Establish, revise or terminate charges

 The designated screening authority may establish, revise or terminate charges.

Marginal note:Charging principles

  •  (1) The designated screening authority must observe the following principles when it establishes, revises or terminates charges:

    • (a) that charges must not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the designated screening authority’s current and future financial requirements related to security screening services made available or provided under section 18 at aerodromes designated by the regulations;

    • (b) that charges must be established, revised or terminated in accordance with an explicit methodology — that includes any conditions affecting the charges — that the designated screening authority has established and published;

    • (c) that, unless authorized by the Minister, charges imposed under paragraph 24(1)(a) must be the same in respect of all passengers, except that the designated screening authority may impose different charges based on whether passengers are travelling from an aerodrome within Canada to an aerodrome within Canada, from an aerodrome within Canada to an aerodrome within the United States or from an aerodrome within Canada to an aerodrome outside of Canada, other than an aerodrome in the United States;

    • (d) that charges may be used only to recover costs for security screening services made available or provided under section 18 at aerodromes designated by the regulations;

    • (e) that charges must be structured in a way that does not differentiate between Canadian air carriers and foreign air carriers, among Canadian air carriers or among foreign air carriers;

    • (f) that charges must be consistent with Canada’s international obligations in respect of aeronautics;

    • (g) that charges should be structured in a way that prioritizes aviation security and the competitiveness of the air transportation system.

  • Marginal note:Financial requirements

    (2) For the purposes of paragraph (1)(a), financial requirements include the following:

    • (a) operations and maintenance costs;

    • (b) management and administration costs;

    • (c) debt servicing requirements and financial requirements arising out of contractual agreements relating to the borrowing of money;

    • (d) capital costs and depreciation costs on capital assets;

    • (e) financial requirements necessary for the designated screening authority to maintain an appropriate credit rating;

    • (f) tax liability;

    • (g) reasonable reserves for future expenditures and contingencies;

    • (h) other costs determined in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor or assign.

  • Marginal note:Deduction

    (3) For the purposes of paragraph (1)(a), an amount equal to the aggregate of the following amounts is to be deducted from the designated screening authority’s financial requirements:

    • (a) all grants and contributions received by the designated screening authority;

    • (b) all transition period payments referred to in section 59 received by the designated screening authority;

    • (c) all interest and investment income earned by the designated screening authority;

    • (d) all profits earned by the designated screening authority, other than in respect of security screening services made available or provided under section 18 at aerodromes designated by the regulations.

  • Marginal note:Methodology

    (4) The methodology referred to in paragraph (1)(b) must include

    • (a) the amount of each charge;

    • (b) the circumstances in which each charge applies; and

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

 
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