Marginal note:Regulations overview

• 1 (1) These Regulations are the principal means of supplementing the legislative framework set out in sections 4.7 to 4.87 of the Act and are designed to facilitate the detection of, prevention of, response to and recovery from acts or attempted acts of unlawful interference with civil aviation.

• Marginal note:Other instruments

  (2) These Regulations are supplemented from time to time by other aviation security regulations, security measures, interim orders and emergency directions.

Marginal note:Structure

2 These Regulations are divided into 14 parts: 

• (a) Part 1 deals with screening authorities and the screening of persons and goods at aerodromes;

• (b) Part 2 deals with other air transport security functions of CATSA;

• (c) Part 3 deals with weapons, explosive substances and incendiary devices;

• (d) Part 4 deals with security at aerodromes listed in Schedule 1;

• (e) Part 5 deals with security at aerodromes listed in Schedule 2;

• (f) Part 6 deals with security at aerodromes listed in Schedule 3;

• (g) Part 7 deals with security at other aerodromes;

• (h) Part 8 deals with aircraft security;

• (i) Part 9 is reserved;

• (j) Part 10 is reserved;

• (k) Part 11 is reserved;

• (l) Part 12 is reserved;

• (m) Part 13 sets out ministerial powers and duties; and

• (n) Part 14 sets out an administrative monetary penalty scheme for the contravention of certain provisions of these Regulations and the provisions of any security measure.

Marginal note:Definitions

3 The following definitions apply in these Regulations.

accepted cargo

fret accepté

accepted cargo means any cargo in respect of which an air waybill or other similar control document is issued. (fret accepté)

Act

Loi

Act means the Aeronautics Act. (Loi)

biometric template

modèle biométrique

biometric template means a template generated by algorithms that encode an identifiable physiological or behavioural characteristic of a person. (modèle biométrique)

carry-on baggage

bagages de cabine

carry-on baggage means any baggage and personal belongings to which a person has or will have access on board an aircraft. (bagages de cabine)

CATSA

ACSTA

CATSA means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act. (ACSTA)

checked baggage

bagages enregistrés

checked baggage means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation. (bagages enregistrés)

combination code

code d’accès

combination code means a series or combination of numbers, letters or other characters that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’accès)

crew member

membre d’équipage

crew member means a person assigned to duty on an aircraft during flight time by the operator of the aircraft. (membre d’équipage)

escort officer

agent d’escorte

escort officer means

• (a) a peace officer; and

• (b) any person authorized by the federal government or a provincial government or any of their agencies to escort a person in custody on a flight. (agent d’escorte)

firearm

arme à feu

firearm has the same meaning as in section 2 of the Criminal Code. (arme à feu)

general list of prohibited items

liste générale des articles interdits

general list of prohibited items means Part 1 of TP 14628, which lists or describes goods that

• (a) could pose a threat to aviation security;

• (b) are prohibited as carry-on baggage by the governments of other countries; or

• (c) are identified by the International Civil Aviation Organization as items that must never be carried in the cabin of an aircraft or taken into a restricted area. (liste générale des articles interdits)

incendiary device

engin incendiaire

incendiary device means an object, other than a match or pocket lighter, that is fabricated with combustible materials and is designed to inflict burn injuries on individuals or to cause fire damage to property. (engin incendiaire)

inspector

inspecteur

inspector means a person who is authorized by the Minister to carry out an inspection under subsection 8.7(1) of the Act. (inspecteur)

key

clé

key means a key, card or other device, including a functionality that can be added to a restricted area identity card, that is designed to allow access to a restricted area and that is issued to an individual by, or under the authority of, the operator of an aerodrome. (clé)

Minister

ministre

Minister means the Minister of Transport. (ministre)

non-passenger screening checkpoint

point de contrôle des non-passagers

non-passenger screening checkpoint means a restricted area access point or a location inside a restricted area where persons other than passengers are screened or can be screened. (point de contrôle des non-passagers)

operator of an aerodrome

exploitant d’un aérodrome

operator of an aerodrome means

• (a) in the case of an aerodrome that is not an airport, the person in charge of the aerodrome, and includes an employee, an agent or a representative of the person in charge of the aerodrome;

• (b) in the case of an airport, the holder of the Canadian aviation document issued in respect of the airport or the person in charge of the airport, and includes an employee, an agent or a representative of the holder of the Canadian aviation document; and

• (c) in the case of an aerodrome or part of an aerodrome that is operated by the Minister of National Defence and used by an air carrier, the person in charge of commercial air service operations at the aerodrome. (exploitant d’un aérodrome)

operator of an aircraft

utilisateur d’un aéronef

operator of an aircraft means the person who has possession of the aircraft as owner, lessee or otherwise. (utilisateur d’un aéronef)

passenger screening checkpoint

point de contrôle des passagers

passenger screening checkpoint means a screening checkpoint that is intended primarily for the screening of departing passengers. (point de contrôle des passagers)

peace officer

agent de la paix

peace officer means

• (a) a member of the Correctional Service of Canada who is designated as a peace officer under Part I of the Corrections and Conditional Release Act and any other officer or permanent employee of a prison, other than a penitentiary as defined in Part I of that Act;

• (b) a member of the Royal Canadian Mounted Police, a police officer or a police constable;

• (c) any person who is designated by the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or a provincial minister as a peace officer for the purpose of the preservation and maintenance of the public peace at an aerodrome;

• (d) an officer who is enforcing any provision of the Immigration and Refugee Protection Act, or of any regulations, warrant, order or direction made under that Act, respecting the arrest, detention or removal from Canada of any person; and

• (e) an officer or non-commissioned member of the Canadian Forces who is appointed as a member of the military police under regulations for the purposes of section 156 of the National Defence Act. (agent de la paix)

personal identification code

code d’identification personnel

personal identification code means a series or combination of numbers, letters or other characters that is chosen by a person or that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’identification personnel)

primary security line

première ligne de sûreté

primary security line means the boundary between a restricted area and a non-restricted area at an aerodrome. (première ligne de sûreté)

primary security line partner

partenaire de la première ligne de sûreté

primary security line partner means a business, organization or non-profit group — other than the operator of an aerodrome, CATSA, a government department or agency or the police service with jurisdiction at an aerodrome — that occupies an area that is on an aerodrome’s primary security line and that includes a restricted area access point. This definition includes, but is not limited to, a commercial lessee of the operator of an aerodrome. (partenaire de la première ligne de sûreté)

regulatory requirement

exigence réglementaire

regulatory requirement means a requirement of

• (a) these Regulations;

• (b) any other aviation security regulations;

• (c) a security measure; or

• (d) an interim order. (exigence réglementaire)

restricted area

zone réglementée

restricted area means any area of an aerodrome to which access is restricted to authorized persons. (zone réglementée)

restricted area access point

point d’accès aux zones réglementées

restricted area access point means an opening in a security barrier that allows access to a restricted area. (point d’accès aux zones réglementées)

restricted area identity card

carte d’identité de zone réglementée

restricted area identity card means a restricted area pass issued by or under the authority of the operator of an aerodrome listed in Schedule 1 or 2. (carte d’identité de zone réglementée)

restricted area pass

laissez-passer de zone réglementée

restricted area pass means a pass issued by or under the authority of the operator of an aerodrome to a person who requires ongoing access to restricted areas as part of the person’s employment. (laissez-passer de zone réglementée)

screening authority

administration de contrôle

screening authority means a person responsible for the screening of persons and goods. (administration de contrôle)

screening officer

agent de contrôle

screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)

security barrier

enceinte de sûreté

security barrier means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area. (enceinte de sûreté)

security personnel

personnel de sûreté

security personnel means, in the case of an aerodrome, individuals, other than peace officers, who are employed at the aerodrome to detect, prevent, respond to, and assist in the recovery from acts or attempted acts of unlawful interference with civil aviation. (personnel de sûreté)

specific list of prohibited items

liste spécifique des articles interdits

specific list of prohibited items means Part 2 of TP 14628, which lists flights or classes of flights that require additional screening for reasons respecting elevated threat conditions or respecting the harmonization of screening rules and which lists or describes, for each flight or class of flight, goods that are supplemental to the goods listed or described in the general list of prohibited items. (liste spécifique des articles interdits)

sterile area

zone stérile

sterile area means a restricted area, including any passenger loading bridge attached to it, that is used to segregate the following persons from other persons at an aerodrome:

• (a) passengers who have been screened;

• (b) passengers who are exempted from screening in accordance with an aviation security regulation, a security measure, an emergency direction or an interim order; and

• (c) other persons who are authorized to be in the area by the operator of the aerodrome. (zone stérile)

TP 14628

TP 14628

TP 14628 means the document entitled Prohibited Items List, published by the Department of Transport in March 2011, as amended from time to time. (TP 14628)

weapon

arme

weapon has the same meaning as in section 2 of the Criminal Code. (arme)

Marginal note:Part overview

4 This Part sets out requirements for screening officers, screening authorities and persons who are subject to screening. This Part is also a supplement to section 4.85 of the Act, which sets out several prohibitions respecting screening.

Marginal note:Requirements

• 5 (1) A screening officer must not screen persons or goods unless the screening officer

  • (a) is at least 18 years of age;

  • (b) is a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (c) is able to communicate effectively both orally and in writing in one or both official languages;

  • (d) has a security clearance; and

  • (e) meets the minimum standards set out in the Designation Standards for Screening Officers, published by the Department of Transport in January 2004, as amended from time to time.

• Marginal note:Supervision

  (2) A screening authority must ensure that any person who acts or will act as a screening officer for it or on its behalf meets the requirements set out in subsection (1).

Marginal note:Official languages

6 At the airports that are listed in Schedule 1 and at all aerodromes where there is a significant demand for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations, a screening authority must

• (a) carry out screening by means that allow effective communication with members of the public in the official language of their choice; and

• (b) provide in both official languages any printed or pre-recorded material that is used in respect of screening.

Marginal note:Prohibition

• 7 (1) Subject to subsection (2), a person must not present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to a weapon, an explosive substance or an incendiary device.

• Marginal note:Exception

  (2) A person who is permitted under subsection 78(2) to carry, transport or have access to a weapon, an explosive substance or an incendiary device may present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to that weapon, substance or device.

Marginal note:Notification of screening officers

8 If a screening authority is notified by an air carrier that a peace officer will be carrying or will have access to a firearm on board an aircraft, the screening authority must notify all the screening officers with whom the peace officer will come into contact that the peace officer will be carrying or will have access to a firearm on board the aircraft.

Marginal note:Application

9 Sections 10 to 13 apply in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations.

Marginal note:Prohibited items

• 10 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a screening authority must not permit the person to pass beyond a screening checkpoint into a sterile area unless the screening authority ensures that the person is not in possession or control of any goods that

  • (a) are listed or described in the general list of prohibited items; or

  • (b) pose an immediate threat to aviation security.

• Marginal note:Specific list

  (2) If the sterile area is for passengers for a flight or class of flight that is listed in the specific list of prohibited items, the screening authority must not permit the person to pass beyond a screening checkpoint into the area unless the screening authority also ensures that the person is not in possession or control of any goods that are listed or described in that list for that flight or class of flight.

Marginal note:Weapons, explosive substances and incendiary devices

11 A screening authority may permit a person in possession or control of a weapon, an explosive substance or an incendiary device to pass beyond a screening checkpoint into a sterile area if the person is carrying or has access to the weapon, explosive substance or incendiary device in accordance with these Regulations, a security measure, an emergency direction or an interim order.

Marginal note:Medically necessary goods

12 A screening authority may permit a person in possession or control of goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the goods are medically necessary and the person declares them to the screening authority.

Marginal note:Medical kits

13 A screening authority may permit a health care professional in possession or control of a medical kit that contains goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the screening authority ensures that the kit does not include sharp or cutting instruments.

Marginal note:Circumventing screening

14 If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or any goods in their possession or control to be screened, another person must not assist that person in circumventing the screening.

Marginal note:Threat response

15 A screening authority at an aerodrome who is made aware of a threat against the aerodrome must

• (a) immediately notify the operator of the aerodrome of the nature of the threat; and

• (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Items at checkpoint

• 16 (1) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if a weapon, an explosive substance or an incendiary device is detected at a restricted area access point or in any other part of the aerodrome where the screening of persons or goods is carried out.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a weapon, explosive substance or incendiary device that is permitted under subsection 78(2).

• Marginal note:Items in checked baggage

  (3) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if any of the following is detected in checked baggage:

  • (a) a loaded firearm;

  • (b) an explosive substance, other than ammunition; or

  • (c) an incendiary device.

• Marginal note:Incidents

  (4) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome and the Minister of any other aviation security incident that involves a peace officer at a restricted area access point or in any other part of the aerodrome where it carries out screening.

Marginal note:Security information

17 A screening authority must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of its screening operations, including

• (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the screening authority; and

• (b) a description of the nature of the screening operations related to a particular flight or aerodrome.

Marginal note:Part overview

55 This Part sets out air transport security functions, other than screening, that are assigned to CATSA.

Marginal note:System requirements

• 56 (1) CATSA must implement and maintain an identity verification system that is able to automatically verify

  • (a) that a person in possession of a restricted area identity card is the person to whom the card has been issued; and

  • (b) that the restricted area identity card is active or has been deactivated.

• Marginal note:Biometrics

  (2) The verification referred to in paragraph (1)(a) must be carried out by an on-site comparison of the biometric data provided by the person and a biometric template stored on the restricted area identity card.

Marginal note:Database backup

57 CATSA must regularly back up any database that it uses as part of the identity verification system.

Marginal note:Disclosure of information

• 58 (1) CATSA is authorized to disclose to the Minister or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system.

• Marginal note:Identity protection

  (2) CATSA must not collect, use, disclose or retain the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued.

Marginal note:Biometric templates

• 59 (1) If a biometric template created from a fingerprint image or iris image collected from an applicant for a restricted area identity card is disclosed to CATSA by the operator of an aerodrome, CATSA must not use the biometric template for a purpose other than

  • (a) monitoring the quality of biometric templates; or

  • (b) determining if a restricted area identity card is already active in respect of the applicant.

• Marginal note:Already active card

  (2) CATSA must notify the Minister if it determines that a restricted area identity card is already active in respect of an applicant.

• Marginal note:Destruction of templates

  (3) CATSA must destroy any biometric template that is disclosed to it in connection with an application for a restricted area identity card as soon as feasible in accordance with the Access to Information Act, the Library and Archives of Canada Act, the Privacy Act and any regulations made under those Acts.

Marginal note:Protection of information

60 CATSA must take appropriate measures to protect information that is collected, used, retained or disclosed for the purposes of the identity verification system from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

Marginal note:Activation of cards

61 CATSA must activate a restricted area identity card if the Minister informs CATSA that the applicant for the card has a security clearance and CATSA determines that no restricted area identity card is already active in respect of the applicant.

Marginal note:Deactivation of cards

62 CATSA must immediately deactivate a restricted area identity card if the Minister or the operator of an aerodrome asks CATSA to deactivate the card.

Marginal note:Business continuity plan

• 63 (1) CATSA must develop and maintain a business continuity plan that, at a minimum, sets out how CATSA will re-establish normal operations and meet the following objectives in the event that it is unable to use the identity verification system to meet those objectives:

  • (a) to receive security clearance information from the Minister;

  • (b) to activate and deactivate restricted area identity cards; and

  • (c) to allow the operator of an aerodrome to verify that a restricted area identity card is active or has been deactivated.

• Marginal note:Implementation

  (2) CATSA must immediately implement its business continuity plan and notify the Minister and any affected operator of an aerodrome if CATSA discovers that it is unable to use the identity verification system to meet the objectives set out in paragraphs (1)(a) to (c).

• Marginal note:Delay notice

  (3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if CATSA discovers that it will be unable, for more than 24 hours, to use the identity verification system to meet the objectives set out in paragraphs (1)(a) to (c).

• Marginal note:Ministerial access

  (4) CATSA must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Records

• 64 (1) CATSA must keep updated records respecting

  • (a) restricted area identity cards that have been activated;

  • (b) restricted area identity cards that have been deactivated;

  • (c) deactivated restricted area identity cards that have not been retrieved;

  • (d) restricted area identity cards that have been reported as lost or stolen;

  • (e) blank restricted area identity cards distributed to operators of aerodromes; and

  • (f) restricted area identity cards that have been destroyed by the operator of an aerodrome.

• Marginal note:Provision of records to Minister

  (2) CATSA must provide the Minister with the records on reasonable notice given by the Minister.

Marginal note:Part overview

76 This Part sets out prohibitions respecting weapons, explosive substances and incendiary devices at aerodromes and on board aircraft. This Part also sets out exceptions to those prohibitions.

Marginal note:Prohibition — sale

77 A person must not sell or offer for sale any of the following goods in a restricted area:

• (a) a weapon;

• (b) a model or replica of a weapon;

• (c) an explosive substance; and

• (d) an incendiary device.

Marginal note:Prohibition — carriage, transportation and access

• 78 (1) Subject to subsection (2), a person must not carry, transport or have access to a weapon, an explosive substance or an incendiary device at an aerodrome.

• Marginal note:Exceptions

  (2) A person described in column 1 of the table to this subsection may, at an aerodrome, carry, transport or have access to the goods set out in column 2 if the conditions set out in column 3 are met.

  Item	Column 1	Column 2	Column 3
  	Person	Permitted Goods	Conditions
  1	any person	an unloaded firearm	the person is carrying or transporting the unloaded firearm, or has access to it, for the purpose of transporting it by air as checked baggage or cargo
  2	a peace officer	a weapon and ammunition	the peace officer is acting in the course of their duties
  3	the pilot-in-command of an aircraft that is operated by an air carrier	an unloaded firearm	the pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1)
  4	the pilot-in-command of an aircraft that is operated by a person other than an air carrier	an unloaded firearm and ammunition	the pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2)
  5	an employee of a federal or provincial department or agency who is engaged in wildlife control	an unloaded firearm	the employee is taking a flight on an aircraft operated by an air carrier and the employee is authorized by the air carrier under subsection 533(1)
  6	a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm	a firearm and ammunition	the person is engaged in the protection of persons or property at the aerodrome
  7	a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm	a firearm and ammunition	the person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome
  8	any person	an explosive substance or incendiary device	the person is carrying or transporting the explosive substance or incendiary device, or has access to it, for the purpose of tendering it for transportation by an air carrier
  9	any person	an explosive substance or incendiary device	the person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome

• Marginal note:Consumption of alcoholic beverages

  (3) An employee of a federal or provincial department or agency who is engaged in wildlife control, and who carries, transports or has access to an unloaded firearm at an aerodrome, must not consume any alcoholic beverage.

Marginal note:Weapons

• 79 (1) Subject to subsections (3) and (4), a person must not carry or have access to a weapon on board an aircraft.

• Marginal note:Explosive substances and incendiary devices

  (2) A person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.

• Marginal note:Exception — air carrier flights

  (3) The following persons may carry or have access to an unloaded firearm on board an aircraft operated by an air carrier:

  • (a) a peace officer who is authorized by the air carrier under section 531;

  • (b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 533(1); and

  • (c) an employee of a federal or provincial department or agency who is engaged in wildlife control and who is authorized by the air carrier under subsection 533(1).

• Marginal note:Exception — other operators’ flights

  (4) The pilot-in-command of an aircraft operated by a person other than an air carrier may carry or have access to an unloaded firearm and ammunition on board the aircraft if authorized by the operator of the aircraft under subsection 533(2).

• Marginal note:Consumption of alcoholic beverages

  (5) The following persons must not consume any alcoholic beverage if they are on board an aircraft and are carrying or have access to an unloaded firearm:

  • (a) a peace officer; and

  • (b) an employee of a federal or provincial department or agency who is engaged in wildlife control.

Marginal note:General prohibitions

• 80 (1) Subject to subsection (3), a person must not transport any of the following goods on board an aircraft operated by an air carrier or tender them for transportation by an air carrier:

  • (a) a loaded firearm;

  • (b) an explosive substance other than ammunition; and

  • (c) an incendiary device.

• Marginal note:Unloaded firearms

  (2) A person must not tender an unloaded firearm to an air carrier for subsequent acceptance and transportation unless the person declares to the air carrier that the firearm is unloaded.

• Marginal note:Exception

  (3) A person may transport an explosive substance or an incendiary device on board an aircraft operated by an air carrier, or tender it for transportation by an air carrier, if the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome.

Marginal note:False declarations

81 A person at an aerodrome or on board an aircraft must not falsely declare

• (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or

• (b) that another person at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

Marginal note:Part overview

82 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 1.

Marginal note:Application

83 This Part applies in respect of aerodromes listed in Schedule 1.

Marginal note:Division overview

84 This Division completes and supplements the regulatory framework set out in Part 3.

Marginal note:Authorization

85 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

• (a) the explosive substance or incendiary device is to be used at the aerodrome

  • (i) for excavation, demolition or construction work,

  • (ii) in fireworks displays,

  • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

  • (iv) by a police service, or

  • (v) by military personnel; and

• (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Marginal note:Division overview

88 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

Marginal note:Area under operator’s control

89 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

90 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

• (a) notify the person of the nature of the threat; and

• (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Specific threats

91 The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

92 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

• (a) immediately notify the operator of the aerodrome of the nature of the threat; and

• (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

93 If it is determined under paragraph 15(b), 90(b) or 92(b) that there is a specific threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Security incidents

94 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

• (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

• (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;

• (c) a specific threat against the aerodrome; and

• (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

95 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

Marginal note:Division overview

108 This Division sets out requirements respecting security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.

Marginal note:Interpretation

111 A security official of an aerodrome is an individual who is responsible for

• (a) coordinating and overseeing security controls and procedures at the aerodrome; and

• (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Marginal note:Requirement

• 112 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.

• Marginal note:Contact information

  (2) The operator of the aerodrome must provide the Minister with

  • (a) the name of each security official and acting security official; and

  • (b) 24-hour contact information for those officials.

Marginal note:Interpretation

113 A security official of a primary security line partner at an aerodrome is an individual who is responsible for

• (a) coordinating and overseeing the carrying out of the regulatory requirements that apply to the partner under this Part; and

• (b) acting as the principal contact between the partner, the operator of the aerodrome and the Minister with respect to security matters, including the carrying out of the regulatory requirements that apply to the partner under this Part.

Marginal note:Requirement

• 114 (1) A primary security line partner at an aerodrome must have, at all times, at least one security official or acting security official.

• Marginal note:Contact information

  (2) The primary security line partner must provide the operator of the aerodrome and the Minister with

  • (a) the name of each security official and acting security official; and

  • (b) 24-hour contact information for those officials.

Marginal note:Division overview

127 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.

Marginal note:Sign requirements

• 128 (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must

  • (a) be in at least both official languages;

  • (b) identify the restricted area as a restricted area; and

  • (c) state that access to the area is restricted to authorized persons.

• Marginal note:Signs on security barriers

  (2) The signs posted on a security barrier must be no more than 150 m apart.

Marginal note:Prohibition

131 A person must not enter a restricted area at an aerodrome except through a restricted area access point.

Marginal note:Duty to close and lock — operators

• 133 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

  • (a) the operator has control of and responsibility for the door, gate or other device; and

  • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

• Marginal note:Emergency exit system

  (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

  • (a) the operator has control of and responsibility for the emergency exit; and

  • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Duty to close and lock — partners and lessees

• 134 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

  • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and

  • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

• Marginal note:Emergency exit system

  (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

  • (a) the partner has control of and responsibility for the emergency exit; and

  • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Temporary use or control

135 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.

Marginal note:Uncontrolled restricted area access point

136 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must

• (a) lock the door, gate or other device that allows access to or from the restricted area; and

• (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Marginal note:Preventing locking

137 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.

Marginal note:Emergency exits

138 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless

• (a) the person is authorized by the operator of the aerodrome to open it; or

• (b) there is an emergency.

Marginal note:Prohibition

• 139 (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.

• Marginal note:Exception — operator

  (2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if

  • (a) that part of the aerodrome is not a restricted area; and

  • (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

• Marginal note:Exception — lessee

  (3) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area may allow a person to enter or remain in that part of the aerodrome if

  • (a) the part of the aerodrome is not a restricted area; and

  • (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Marginal note:Division overview

143 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.

Marginal note:Disclosure of information

• 144 (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.

• Marginal note:Identity protection

  (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.

Marginal note:Required information

• 145 (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:

  • (a) the full name of the person to whom the card is issued;

  • (b) the person’s height;

  • (c) a photograph depicting a frontal view of the person’s face;

  • (d) the expiry date of the card;

  • (e) the name of the aerodrome where the card is issued;

  • (f) the name of the person’s employer, if the person has a single employer;

  • (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer;

  • (h) the person’s occupation, if the person has a single occupation; and

  • (i) the terms “multi-occupation” and “emplois multiples”, if the person has more than one occupation.

• Marginal note:Expiration date

  (2) A restricted area identity card expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier.

• Marginal note:Expiration date — multi-aerodrome card

  (3) Despite subsection (2), a restricted area identity card that is issued to a person who requires access to restricted areas at more than one aerodrome, but who is not a crew member, expires no later than one year after the day on which it is issued or on the day on which the person’s security clearance expires, whichever is earlier.

• Marginal note:Official languages

  (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.

Marginal note:Issuance criteria

• 146 (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person

  • (a) applies in writing;

  • (b) is sponsored in writing by their employer;

  • (c) has a security clearance;

  • (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and

  • (e) confirms that the information displayed on the card is correct.

• Marginal note:Activation requirement

  (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated.

Marginal note:False information

147 A person must not provide false information for the purpose of obtaining a restricted area identity card.

Marginal note:Sponsorship

148 An employer must not

• (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or

• (b) knowingly sponsor an employee for more than one restricted area identity card at a time.

Marginal note:Issuance of multiple cards

149 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.

Marginal note:Replacement of cards

150 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that

• (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and

• (b) the person still has a security clearance.

Marginal note:Requirement to inform

151 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.

Marginal note:Collection of information

• 152 (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:

  • (a) the applicant’s full name;

  • (b) the applicant’s height;

  • (c) a photograph depicting a frontal view of the applicant’s face;

  • (d) the applicant’s fingerprint images and iris images;

  • (e) the name of the applicant’s employer; and

  • (f) the applicant’s occupation.

• Marginal note:Destruction of images and templates

  (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card.

Marginal note:Quality control

153 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.

Marginal note:Protection of information

154 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

Marginal note:Deactivation request

• 155 (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if

  • (a) the card expires;

  • (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or

  • (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.

• Marginal note:Prohibition

  (2) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

• Marginal note:Notification of Minister

  (3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card.

Marginal note:Change in employment

156 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if

• (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and

• (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Duty of employer

157 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Retrieval of cards

• 158 (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.

• Marginal note:Return of cards

  (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.

Marginal note:Issuance or assignment

159 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless

• (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or

• (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Addition of key

160 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.

Marginal note:Protection of information

161 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.

Marginal note:Cancellation, withdrawal or retrieval

162 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if

• (a) the person’s restricted area identity card has been deactivated; or

• (b) the person no longer requires ongoing access to the restricted area in the course of their employment.

Marginal note:General requirement

• 163 (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting

  • (a) restricted area identity cards and keys that have been issued;

  • (b) the names of the persons to whom restricted area identity cards or keys have been issued;

  • (c) the names of the persons to whom combination codes or personal identification codes have been assigned;

  • (d) blank restricted area identity cards in the operator’s possession;

  • (e) restricted area identity cards that have been deactivated;

  • (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;

  • (g) deactivated restricted area identity cards that have not been retrieved by the operator;

  • (h) restricted area identity cards that have been reported as lost or stolen;

  • (i) steps taken to retrieve deactivated restricted area identity cards; and

  • (j) compliance with section 151.

• Marginal note:Deactivated cards

  (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.

• Marginal note:Lost or stolen cards

  (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.

• Marginal note:Provision to Minister

  (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.

Marginal note:Use of identity verification system

164 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.

Marginal note:Unauthorized access prohibition

165 A person must not enter or remain in a restricted area at an aerodrome unless the person

• (a) is a person to whom a restricted area identity card has been issued; or

• (b) is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Restricted area identity cards — conditions of use

• 166 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless

  • (a) they are acting in the course of their employment;

  • (b) the card is in their possession;

  • (c) the card is active; and

  • (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.

• Marginal note:Exception

  (2) Paragraph (1)(d) does not apply to crew members.

Marginal note:Display of restricted area identity cards

167 A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.

Marginal note:Oversight

168 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of

• (a) an active restricted area identity card that has been issued to the person; or

• (b) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Business continuity plans

• 169 (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 168 in the event that the operator is unable to use its restricted area access control process to comply with that section.

• Marginal note:Implementation

  (2) The operator of the aerodrome must immediately implement its business continuity plan and notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 168.

• Marginal note:Notification of delay

  (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 168.

• Marginal note:Ministerial access

  (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Database backup

170 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.

Marginal note:General prohibitions

• 171 (1) A person must not

  • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;

  • (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;

  • (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;

  • (d) use a restricted area identity card or a key that has been issued to another person;

  • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;

  • (f) use a counterfeit restricted area identity card or a counterfeit key; or

  • (g) make a copy of a restricted area identity card or a key.

• Marginal note:Disclosure or use of codes

  (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not

  • (a) disclose a combination code or personal identification code; or

  • (b) use another person’s combination code or personal identification code.

Marginal note:Report of loss or theft

• 172 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.

• Marginal note:Employer’s duty to report

  (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.

Marginal note:Report of non-functioning card

173 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.

Marginal note:Notification of CATSA

174 The operator of an aerodrome who has issued a restricted area identity card must notify CATSA if the card is reported as lost or stolen.

Marginal note:Presentation on demand

• 175 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.

• Marginal note:Presentation during screening

  (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.

Marginal note:Surrender on demand

• 176 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.

• Marginal note:Demand by Minister or operator

  (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen;

  • (b) the card has been deactivated; or

  • (c) the surrender of the card is required to ensure aviation security.

• Marginal note:Demand by screening officer

  (3) A screening officer may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen;

  • (b) the card has been deactivated; or

  • (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.

• Marginal note:Demand by peace officer

  (4) A peace officer may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen; or

  • (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.

Marginal note:Return of cards

177 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.

Marginal note:Notification of Minister

178 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 176(2)(c).

Marginal note:General requirement

• 179 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card

  • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or

  • (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.

• Marginal note:Exceptions

  (2) This section does not apply in respect of the following persons:

  • (a) passengers who have been screened; and

  • (b) inspectors.

Marginal note:Escort ratio

• 180 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.

• Marginal note:Surveillance ratio

  (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.

Marginal note:Requirement to remain together

• 181 (1) A person under escort must remain with the escort while the person is in a restricted area.

• Marginal note:Idem

  (2) An escort must remain with the person under escort while the person is in a restricted area.

• Marginal note:Requirement to inform

  (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.

Marginal note:Screening requirement

182 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Exception — conveyances

• 183 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.

• Marginal note:Exception to exception

  (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 180.

Marginal note:Escort conveyances

184 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for

• (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;

• (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and

• (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Marginal note:Exemption

185 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.

Marginal note:Inspector’s credentials

186 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.

Marginal note:Escort privileges

187 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector

• (a) is acting in the course of their employment;

• (b) does not escort more than 10 persons at one time;

• (c) remains with the person while the person is in the restricted area;

• (d) ensures that the person remains with the inspector while the person is in the restricted area; and

• (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Conveyance escort privileges

• 188 (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector

  • (a) is acting in the course of their employment;

  • (b) does not escort more than 10 persons at one time; and

  • (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

• Marginal note:Additional conditions

  (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must

  • (a) remain with the person; and

  • (b) ensure that the person remains with the inspector.

• Marginal note:Idem

  (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

• Marginal note:Idem

  (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

Marginal note:Division overview

189 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes that are required under this Division are intended to contribute to the effective establishment and implementation of airport security programs.

Marginal note:Processes and procedures

190 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

Marginal note:Requirement to establish and implement

• 191 (1) The operator of an aerodrome must establish and implement an airport security program.

• Marginal note:Program requirements

  (2) As part of its airport security program, the operator of the aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;

  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;

  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;

  • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;

  • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;

  • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:

    • (i) persons who are employed at the aerodrome,

    • (ii) crew members who are based at the aerodrome, and

    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;

  • (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;

  • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;

  • (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;

  • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:

    • (i) persons who are employed at the aerodrome, and

    • (ii) persons who require access to the aerodrome in the course of their employment;

  • (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and

  • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

Marginal note:Documentation

• 193 (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.

• Marginal note:Ministerial access

  (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

Marginal note:Requirement to amend

194 The operator of an aerodrome must amend its airport security program if

• (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or

• (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.

Marginal note:Security committee

• 195 (1) The operator of an aerodrome must have a security committee or other working group or forum that

  • (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;

  • (b) helps coordinate the implementation of the controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and

  • (c) promotes the sharing of information respecting the airport security program.

• Marginal note:Terms of reference

  (2) The operator of the aerodrome must establish the security committee or other working group or forum in accordance with written terms of reference that

  • (a) identify its membership; and

  • (b) define the roles and responsibilities of each member.

• Marginal note:Records

  (3) The operator of the aerodrome must keep records of the activities of the security committee or other working group or forum and make the records available to the Minister on reasonable notice given by the Minister.

Marginal note:Corrective actions

211 Subject to section 212, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that

• (a) is identified to the operator by the Minister; or

• (b) is identified by the operator.

Marginal note:Corrective action plan

• 212 (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.

• Marginal note:Plan requirements

  (2) A corrective action plan must set out

  • (a) the nature of the security risk to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

Marginal note:Prohibition

213 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

Marginal note:Division overview

224 This Division sets out the role of a primary security line partner in supporting the effective establishment and implementation of an airport security program by the operator of an aerodrome.

Marginal note:Requirements

225 At each aerodrome where a primary security line partner carries out operations, the partner must

• (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the partner’s employee groups that require access to restricted areas at the aerodrome in the course of their employment;

• (b) communicate the information referred to in paragraph (a) to the employees in those groups and document how that information is communicated;

• (c) establish, implement and document a security awareness program that promotes a culture of security vigilance and awareness among its employees if the security awareness program of the operator of the aerodrome does not cover matters that are unique to the partner’s operations;

• (d) document the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line;

• (e) create a document that

  • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,

  • (ii) indicates the location of each restricted area access point in those areas, and

  • (iii) describes those restricted area access points; and

• (f) document how the partner receives, retains, discloses and disposes of sensitive information respecting aerodrome security to protect that information from unauthorized disclosure.

Marginal note:Provision to operator of aerodrome

• 231 (1) At each aerodrome where a primary security line partner carries out operations, the partner must provide the operator of the aerodrome with the information that is documented or created under section 225 on reasonable notice given by the operator.

• Marginal note:Provision to Minister

  (2) The primary security line partner must provide the Minister with the same information on reasonable notice given by the Minister.

Marginal note:Corrective actions

234 Subject to section 235, a primary security line partner must immediately take corrective actions to address an aerodrome-related security risk that is identified to the partner by the Minister or the operator of an aerodrome where the partner carries out operations.

Marginal note:Corrective action plan

• 235 (1) If a corrective action involves a phased approach, a primary security line partner must provide the operator of the aerodrome with a corrective action plan.

• Marginal note:Plan requirements

  (2) A corrective action plan must set out

  • (a) the nature of the security risk to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

Marginal note:Part overview

246 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 2.

Marginal note:Application

247 This Part applies in respect of aerodromes listed in Schedule 2.

Marginal note:Division overview

248 This Division completes and supplements the regulatory framework set out in Part 3.

Marginal note:Authorization

249 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

• (a) the explosive substance or incendiary device is to be used at the aerodrome

  • (i) for excavation, demolition or construction work,

  • (ii) in fireworks displays,

  • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

  • (iv) by a police service, or

  • (v) by military personnel; and

• (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Marginal note:Division overview

252 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

Marginal note:Area under operator’s control

253 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

254 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

• (a) notify the person of the nature of the threat; and

• (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Specific threats

255 The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

256 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

• (a) immediately notify the operator of the aerodrome of the nature of the threat; and

• (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

257 If it is determined under paragraph 15(b), 254(b) or 256(b) that there is a specific threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Security incidents

258 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

• (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

• (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;

• (c) a specific threat against the aerodrome; and

• (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

259 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

Marginal note:Division overview

266 This Division sets out requirements respecting security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.

Marginal note:Interpretation

269 A security official of an aerodrome is an individual who is responsible for

• (a) coordinating and overseeing security controls and procedures at the aerodrome; and

• (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Marginal note:Requirement

• 270 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.

• Marginal note:Contact information

  (2) The operator of the aerodrome must provide the Minister with

  • (a) the name of each security official and acting security official; and

  • (b) 24-hour contact information for those officials.

Marginal note:Division overview

283 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.

Marginal note:Sign requirements

• 284 (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must

  • (a) be in at least both official languages;

  • (b) identify the restricted area as a restricted area; and

  • (c) state that access to the area is restricted to authorized persons.

• Marginal note:Signs on security barriers

  (2) The signs posted on a security barrier must be no more than 150 m apart.

Marginal note:Prohibition

287 A person must not enter a restricted area at an aerodrome except through a restricted area access point.

Marginal note:Duty to close and lock — operators

• 289 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

  • (a) the operator has control of and responsibility for the door, gate or other device; and

  • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

• Marginal note:Emergency exit system

  (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

  • (a) the operator has control of and responsibility for the emergency exit; and

  • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Duty to close and lock — partners and lessees

• 290 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

  • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and

  • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

• Marginal note:Emergency exit system

  (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

  • (a) the partner has control of and responsibility for the emergency exit; and

  • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Temporary use or control

291 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.

Marginal note:Uncontrolled restricted area access point

292 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must

• (a) lock the door, gate or other device that allows access to or from the restricted area; and

• (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Marginal note:Preventing locking

293 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.

Marginal note:Emergency exits

294 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless

• (a) the person is authorized by the operator of the aerodrome to open it; or

• (b) there is an emergency.

Marginal note:Prohibition

• 295 (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.

• Marginal note:Exception — operator

  (2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if

  • (a) the part of the aerodrome is not a restricted area; and

  • (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

• Marginal note:Exception — lessee

  (3) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area may allow a person to enter or remain in that part of the aerodrome if

  • (a) the part of the aerodrome is not a restricted area; and

  • (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Marginal note:Division overview

299 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.

Marginal note:Disclosure of information

• 300 (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.

• Marginal note:Identity protection

  (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.

Marginal note:Required information

• 301 (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:

  • (a) the full name of the person to whom the card is issued;

  • (b) the person’s height;

  • (c) a photograph depicting a frontal view of the person’s face;

  • (d) the expiry date of the card;

  • (e) the name of the aerodrome where the card is issued;

  • (f) the name of the person’s employer, if the person has a single employer;

  • (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer;

  • (h) the person’s occupation, if the person has a single occupation; and

  • (i) the terms “multi-occupation” and “emplois multiples”, if the person has more than one occupation.

• Marginal note:Expiration date

  (2) A restricted area identity card expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier.

• Marginal note:Expiration date — multi-aerodrome card

  (3) Despite subsection (2), a restricted area identity card that is issued to a person who requires access to restricted areas at more than one aerodrome, but who is not a crew member, expires no later than one year after the day on which it is issued or on the day on which the person’s security clearance expires, whichever is earlier.

• Marginal note:Official languages

  (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.

Marginal note:Issuance criteria

• 302 (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person

  • (a) applies in writing;

  • (b) is sponsored in writing by their employer;

  • (c) has a security clearance;

  • (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and

  • (e) confirms that the information displayed on the card is correct.

• Marginal note:Activation requirement

  (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated.

Marginal note:False information

303 A person must not provide false information for the purpose of obtaining a restricted area identity card.

Marginal note:Sponsorship

304 An employer must not

• (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or

• (b) knowingly sponsor an employee for more than one restricted area identity card at a time.

Marginal note:Issuance of multiple cards

305 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.

Marginal note:Replacement of cards

306 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that

• (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and

• (b) the person still has a security clearance.

Marginal note:Requirement to inform

307 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.

Marginal note:Collection of information

• 308 (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:

  • (a) the applicant’s full name;

  • (b) the applicant’s height;

  • (c) a photograph depicting a frontal view of the applicant’s face;

  • (d) the applicant’s fingerprint images and iris images;

  • (e) the name of the applicant’s employer; and

  • (f) the applicant’s occupation.

• Marginal note:Destruction of images and templates

  (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card.

Marginal note:Quality control

309 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.

Marginal note:Protection of information

310 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

Marginal note:Deactivation request

• 311 (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if

  • (a) the card expires;

  • (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or

  • (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.

• Marginal note:Prohibition

  (2) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

• Marginal note:Notification of Minister

  (3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card.

Marginal note:Change in employment

312 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if

• (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and

• (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Duty of employer

313 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Retrieval of cards

• 314 (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.

• Marginal note:Return of cards

  (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.

Marginal note:Issuance or assignment

315 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless

• (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or

• (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Addition of key

316 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.

Marginal note:Protection of information

317 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.

Marginal note:Cancellation, withdrawal or retrieval

318 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if

• (a) the person’s restricted area identity card has been deactivated; or

• (b) the person no longer requires ongoing access to the restricted area in the course of their employment.

Marginal note:General requirement

• 319 (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting

  • (a) restricted area identity cards and keys that have been issued;

  • (b) the names of the persons to whom restricted area identity cards or keys have been issued;

  • (c) the names of the persons to whom combination codes or personal identification codes have been assigned;

  • (d) blank restricted area identity cards in the operator’s possession;

  • (e) restricted area identity cards that have been deactivated;

  • (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;

  • (g) deactivated restricted area identity cards that have not been retrieved by the operator;

  • (h) restricted area identity cards that have been reported as lost or stolen;

  • (i) steps taken to retrieve deactivated restricted area identity cards; and

  • (j) compliance with section 307.

• Marginal note:Deactivated cards

  (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.

• Marginal note:Lost or stolen cards

  (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.

• Marginal note:Provision to Minister

  (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.

Marginal note:Use of identity verification system

320 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.

Marginal note:Unauthorized access prohibition

321 A person must not enter or remain in a restricted area at an aerodrome unless the person

• (a) is a person to whom a restricted area identity card has been issued; or

• (b) is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Restricted area identity cards — conditions of use

• 322 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless

  • (a) they are acting in the course of their employment;

  • (b) the card is in their possession;

  • (c) the card is active; and

  • (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.

• Marginal note:Exception

  (2) Paragraph (1)(d) does not apply to crew members.

Marginal note:Display of restricted area identity cards

323 A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.

Marginal note:Oversight

324 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of

• (a) an active restricted area identity card that has been issued to the person; or

• (b) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Business continuity plans

• 325 (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 324 in the event that the operator is unable to use its restricted area access control process to comply with that section.

• Marginal note:Implementation

  (2) The operator of the aerodrome must immediately implement its business continuity plan and notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 324.

• Marginal note:Notification of delay

  (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 324.

• Marginal note:Ministerial access

  (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Database backup

326 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.

Marginal note:General prohibitions

• 327 (1) A person must not

  • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;

  • (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;

  • (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;

  • (d) use a restricted area identity card or a key that has been issued to another person;

  • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;

  • (f) use a counterfeit restricted area identity card or a counterfeit key; or

  • (g) make a copy of a restricted area identity card or a key.

• Marginal note:Disclosure or use of codes

  (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not

  • (a) disclose a combination code or personal identification code; or

  • (b) use another person’s combination code or personal identification code.

Marginal note:Report of loss or theft

• 328 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.

• Marginal note:Employer’s duty to report

  (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.

Marginal note:Report of non-functioning card

329 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.

Marginal note:Notification of CATSA

330 The operator of an aerodrome who has issued a restricted area identity card must notify CATSA if the card is reported as lost or stolen.

Marginal note:Presentation on demand

• 331 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.

• Marginal note:Presentation during screening

  (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.

Marginal note:Surrender on demand

• 332 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.

• Marginal note:Demand by Minister or operator

  (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen;

  • (b) the card has been deactivated; or

  • (c) the surrender of the card is required to ensure aviation security.

• Marginal note:Demand by screening officer

  (3) A screening officer may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen;

  • (b) the card has been deactivated; or

  • (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.

• Marginal note:Demand by peace officer

  (4) A peace officer may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen; or

  • (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.

Marginal note:Return of cards

333 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.

Marginal note:Notification of Minister

334 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 332(2)(c).

Marginal note:General requirement

• 335 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card

  • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or

  • (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.

• Marginal note:Exceptions

  (2) This section does not apply in respect of the following persons:

  • (a) passengers who have been screened; and

  • (b) inspectors.

Marginal note:Escort ratio

• 336 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.

• Marginal note:Surveillance ratio

  (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.

Marginal note:Requirement to remain together

• 337 (1) A person under escort must remain with the escort while the person is in a restricted area.

• Marginal note:Idem

  (2) An escort must remain with the person under escort while the person is in a restricted area.

• Marginal note:Requirement to inform

  (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.

Marginal note:Screening requirement

338 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Exception — conveyances

• 339 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.

• Marginal note:Exception to exception

  (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 336.

Marginal note:Escort conveyances

340 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for

• (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;

• (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and

• (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Marginal note:Exemption

341 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.

Marginal note:Inspector’s credentials

342 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.

Marginal note:Escort privileges

343 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector

• (a) is acting in the course of their employment;

• (b) does not escort more than 10 persons at one time;

• (c) remains with the person while the person is in the restricted area;

• (d) ensures that the person remains with the inspector while the person is in the restricted area; and

• (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Conveyance escort privileges

• 344 (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector

  • (a) is acting in the course of their employment;

  • (b) does not escort more than 10 persons at one time; and

  • (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

• Marginal note:Additional conditions

  (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must

  • (a) remain with the person; and

  • (b) ensure that the person remains with the inspector.

• Marginal note:Idem

  (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

• Marginal note:Idem

  (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

Marginal note:Division overview

345 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes that are required under this Division are intended to contribute to the effective establishment and implementation of airport security programs.

Marginal note:Processes and procedures

346 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

Marginal note:Requirement to establish and implement

• 347 (1) The operator of an aerodrome must establish and implement an airport security program.

• Marginal note:Program requirements

  (2) As part of its airport security program, the operator of the aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;

  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;

  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;

  • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;

  • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;

  • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:

    • (i) persons who are employed at the aerodrome,

    • (ii) crew members who are based at the aerodrome, and

    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;

  • (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;

  • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;

  • (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;

  • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:

    • (i) persons who are employed at the aerodrome, and

    • (ii) persons who require access to the aerodrome in the course of their employment;

  • (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and

  • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

Marginal note:Documentation

• 348 (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.

• Marginal note:Ministerial access

  (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

Marginal note:Requirement to amend

349 The operator of an aerodrome must amend its airport security program if

• (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or

• (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.

Marginal note:Security committee

• 350 (1) The operator of an aerodrome must have a security committee or other working group or forum that

  • (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;

  • (b) helps coordinate the implementation of the controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and

  • (c) promotes the sharing of information respecting the airport security program.

• Marginal note:Terms of reference

  (2) The operator of the aerodrome must establish the security committee or other working group or forum in accordance with written terms of reference that

  • (a) identify its membership; and

  • (b) define the roles and responsibilities of each member.

• Marginal note:Records

  (3) The operator of the aerodrome must keep records of the activities of the security committee or other working group or forum and make the records available to the Minister on reasonable notice given by the Minister.

Marginal note:Corrective actions

372 Subject to section 373, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that

• (a) is identified to the operator by the Minister; or

• (b) is identified by the operator.

Marginal note:Corrective action plan

• 373 (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.

• Marginal note:Plan requirements

  (2) A corrective action plan must set out

  • (a) the nature of the security risk to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

Marginal note:Provision of information to operators of aerodromes

• 374 (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with

  • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and

  • (b) a document that

    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,

    • (ii) indicates the location of each restricted area access point in those areas, and

    • (iii) describes those restricted area access points.

• Marginal note:Provision of information to Minister

  (2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.

Marginal note:Prohibition

380 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

Marginal note:Part overview

401 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 3.

Marginal note:Application

402 This Part applies in respect of aerodromes listed in Schedule 3.

Marginal note:Division overview

403 This Division completes and supplements the regulatory framework set out in Part 3.

Marginal note:Authorization

404 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

• (a) the explosive substance or incendiary device is to be used at the aerodrome

  • (i) for excavation, demolition or construction work,

  • (ii) in fireworks displays,

  • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

  • (iv) by a police service, or

  • (v) by military personnel; and

• (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Marginal note:Division overview

407 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

Marginal note:Area under operator’s control

408 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

409 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

• (a) notify the person of the nature of the threat; and

• (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Specific threats

410 The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

411 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

• (a) immediately notify the operator of the aerodrome of the nature of the threat; and

• (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

412 If it is determined under paragraph 15(b), 409(b) or 411(b) that there is a specific threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Security incidents

413 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

• (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

• (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;

• (c) a specific threat against the aerodrome; and

• (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

414 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

Marginal note:Division overview

421 This Division sets out requirements respecting security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.

Marginal note:Interpretation

424 A security official of an aerodrome is an individual who is responsible for

• (a) coordinating and overseeing security controls and procedures at the aerodrome; and

• (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Marginal note:Requirement

• 425 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.

• Marginal note:Contact information

  (2) The operator of the aerodrome must provide the Minister with

  • (a) the name of each security official and acting security official; and

  • (b) 24-hour contact information for those officials.

Marginal note:Division overview

437 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.

Marginal note:Prohibition

441 A person must not enter a restricted area at an aerodrome except through a restricted area access point.

Marginal note:Duty to close and lock — operators

• 443 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

  • (a) the operator has control of and responsibility for the door, gate or other device; and

  • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

• Marginal note:Emergency exit system

  (2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

  • (a) the operator has control of and responsibility for the emergency exit; and

  • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Duty to close and lock — partners and lessees

• 444 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if

  • (a) the partner or lessee has control of and responsibility for the door, gate or other device; and

  • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

• Marginal note:Emergency exit system

  (2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if

  • (a) the partner has control of and responsibility for the emergency exit; and

  • (b) the emergency exit allows access between a restricted area and a non-restricted area.

Marginal note:Temporary use or control

445 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.

Marginal note:Uncontrolled restricted area access point

446 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must

• (a) lock the door, gate or other device that allows access to or from the restricted area; and

• (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

Marginal note:Preventing locking

447 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.

Marginal note:Emergency exits

448 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless

• (a) the person is authorized by the operator of the aerodrome to open it; or

• (b) there is an emergency.

Marginal note:Prohibition

• 449 (1) Subject to subsections (2) and (3), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that access to that part of the aerodrome is prohibited or that entry is limited to authorized persons.

• Marginal note:Exception — operator

  (2) An operator of an aerodrome may allow a person to enter or remain in a part of the aerodrome that is not a public area if

  • (a) that part of the aerodrome is not a restricted area; and

  • (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

• Marginal note:Exception — lessee

  (3) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area may allow a person to enter or remain in that part of the aerodrome if

  • (a) the part of the aerodrome is not a restricted area; and

  • (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Marginal note:Division overview

453 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes that are required under this Division are intended to contribute to the effective establishment and implementation of airport security programs.

Marginal note:Processes and procedures

454 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

Marginal note:Requirement to establish and implement

• 455 (1) The operator of an aerodrome must establish and implement an airport security program.

• Marginal note:Program requirements

  (2) As part of its airport security program, the operator of the aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;

  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;

  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;

  • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;

  • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that minimizes their impact;

  • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:

    • (i) persons who are employed at the aerodrome,

    • (ii) crew members who are based at the aerodrome, and

    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;

  • (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;

  • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;

  • (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;

  • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:

    • (i) persons who are employed at the aerodrome, and

    • (ii) persons who require access to the aerodrome in the course of their employment;

  • (k) provide the Minister, on reasonable notice given by the Minister, with a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and

  • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

Marginal note:Documentation

• 456 (1) The operator of an aerodrome must keep documentation related to its airport security program for at least two years.

• Marginal note:Ministerial access

  (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

Marginal note:Requirement to amend

457 The operator of an aerodrome must amend its airport security program if

• (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or

• (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.

Marginal note:Security committee

• 458 (1) The operator of an aerodrome must have a security committee or other working group or forum that

  • (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;

  • (b) helps coordinate the implementation of the controls and processes that are required at the aerodrome to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and

  • (c) promotes the sharing of information respecting the airport security program.

• Marginal note:Terms of reference

  (2) The operator of the aerodrome must establish the security committee or other working group or forum in accordance with written terms of reference that

  • (a) identify its membership; and

  • (b) define the roles and responsibilities of each member.

• Marginal note:Records

  (3) The operator of the aerodrome must keep records of the activities of the security committee or other working group or forum and make the records available to the Minister on reasonable notice given by the Minister.

Marginal note:Corrective actions

479 Subject to section 480, the operator of an aerodrome must immediately take corrective actions to address an aviation security risk at the aerodrome that

• (a) is identified to the operator by the Minister; or

• (b) is identified by the operator.

Marginal note:Corrective action plan

• 480 (1) If a corrective action involves a phased approach, the operator of an aerodrome must include a corrective action plan in its airport security program.

• Marginal note:Plan requirements

  (2) A corrective action plan must set out

  • (a) the nature of the security risk to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

Marginal note:Provision of information to operators of aerodromes

• 481 (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with

  • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and

  • (b) a document that

    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,

    • (ii) indicates the location of each restricted area access point in those areas, and

    • (iii) describes those restricted area access points.

• Marginal note:Provision of information to Minister

  (2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.

Marginal note:Prohibition

484 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

Marginal note:Part overview

505 This Part sets out the basic regulatory framework for security at aerodromes not listed in Schedule 1, 2 or 3.

Marginal note:Application

506 This Division applies in respect of aerodromes not listed in Schedule 1, 2 or 3.

Marginal note:Authorization

507 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

• (a) the explosive substance or incendiary device is to be used at the aerodrome

  • (i) for excavation, demolition or construction work,

  • (ii) in fireworks displays,

  • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

  • (iv) by a police service, or

  • (v) by military personnel; and

• (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Marginal note:Application

508 This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and are aerodromes where air carriers are served.

Marginal note:Area under operator’s control

509 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

510 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

• (a) notify the person of the nature of the threat; and

• (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Specific threats

511 The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

512 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

• (a) immediately notify the operator of the aerodrome of the nature of the threat; and

• (b) assist the operator of the aerodrome in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

513 If it is determined under paragraph 15(b), 510(b) or 512(b) that there is a specific threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Security incidents

514 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

• (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

• (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, or construction work, or the use of fireworks displays;

• (c) a specific threat against the aerodrome; and

• (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

515 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

Marginal note:Part overview

525 This Part sets out requirements for air carriers, other operators of aircraft and persons on board aircraft.

Marginal note:Weapons

• 526 (1) An air carrier must not allow a person who is on board an aircraft to carry or have access to a weapon unless the air carrier has authorized the person to do so under section 531 or 533.

• Marginal note:Explosive substances and incendiary devices

  (2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device.

Marginal note:Transport of loaded firearms

• 527 (1) An air carrier must not knowingly allow a person to transport a loaded firearm on board an aircraft.

• Marginal note:Transport of explosive substances and incendiary devices

  (2) An air carrier must not knowingly allow a person to transport an explosive substance, other than ammunition, or an incendiary device on board an aircraft unless the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome where it is to be accepted by the air carrier for transportation.

Marginal note:Transport of unloaded firearms

528 An air carrier must not knowingly allow a person to transport an unloaded firearm on board an aircraft unless the person has declared to the air carrier that the firearm is unloaded.

Marginal note:Storage of unloaded firearms

529 An air carrier that transports an unloaded firearm on board an aircraft must store the firearm so that it is not accessible to any person on board the aircraft other than crew members.

Marginal note:Prohibition — alcoholic beverages

530 An air carrier must not provide a person who carries or has access to a firearm on board an aircraft with any alcoholic beverage.

Marginal note:Authorizations for peace officers

531 An air carrier may authorize a peace officer to carry or have access to an unloaded firearm on board an aircraft if

• (a) the peace officer, while in the performance of the officer’s duties, requires access to the firearm immediately before, during or immediately after the flight;

• (b) the peace officer informs the air carrier, at least two hours before the aircraft leaves the aerodrome or, in an emergency, as soon as feasible before the departure of the flight, that a firearm will be on board;

• (c) the peace officer shows a representative of the air carrier identification, issued by the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

• (d) the peace officer completes the form used by the air carrier to authorize the carriage of a firearm on board an aircraft; and

• (e) the air carrier verifies the identification referred to in paragraph (c)

  • (i) before the peace officer enters a restricted area from which the officer may board the aircraft, or

  • (ii) before the peace officer boards the aircraft, if the aerodrome does not have a restricted area from which the officer may board the aircraft.

Marginal note:Requirement to inform

• 532 (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier must, before the departure of the flight,

  • (a) inform the pilot-in-command of the aircraft by means of the form referred to in paragraph 531(d); and

  • (b) subject to subsection (2), inform the screening authority, the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft.

• Marginal note:Undercover operations

  (2) If a peace officer who is carrying or has access to a firearm on board an aircraft is engaged in an undercover operation and requests that the air carrier not reveal the officer’s presence to any person on board the aircraft other than the pilot-in-command, the air carrier must comply with that request.

Marginal note:Unloaded firearm authorizations — air carriers

• 533 (1) An air carrier may authorize the following persons to carry or have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes:

  • (a) the pilot-in-command of the aircraft; and

  • (b) an employee of a federal or provincial department or agency who is engaged in wildlife control.

• Marginal note:Unloaded firearm authorizations — other operators

  (2) An operator of an aircraft, other than an air carrier, may authorize the pilot-in-command of the aircraft to carry or have access to an unloaded firearm and ammunition on board the aircraft if the firearm and ammunition are necessary for survival purposes.

Marginal note:Definition of “organization responsible for the person in custody”

• 534 (1) In this section, organization responsible for the person in custody does not include a person or an organization that provides escort officer services under a contract for remuneration.

• Marginal note:Air carrier conditions

  (2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless

  • (a) the organization responsible for the person in custody has provided the air carrier with a written confirmation that the organization has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the travelling public and the operations of the air carrier and aerodrome;

  • (b) the air carrier and the organization responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number must be at least

    • (i) two escort officers to escort each person who is a maximum risk,

    • (ii) one escort officer to escort each person who is a medium risk, and

    • (iii) one escort officer to escort not more than two persons who are a minimum risk;

  • (c) the person in custody is escorted by the agreed number of escort officers;

  • (d) the organization responsible for the person in custody has given a written notice to the air carrier at least two hours or, in an emergency, as soon as feasible before the departure of the flight, stating

    • (i) the identity of each escort officer and the person in custody and the reasons why the person requires an escort,

    • (ii) the level of risk that the person in custody represents to the safety of the public, and

    • (iii) the flight on which the person in custody will be transported;

  • (e) each escort officer shows a representative of the air carrier identification, issued by the organization responsible for the person in custody or the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

  • (f) an escort officer completes the form used by the air carrier to authorize the transportation of a person in custody; and

  • (g) the air carrier verifies the identification referred to in paragraph (e)

    • (i) before the escort officer enters a restricted area from which the escort officer may board the aircraft, or

    • (ii) before the escort officer boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft.

• Marginal note:Escort officer conditions

  (3) An escort officer must not escort a person in custody on board an aircraft unless the escort officer

  • (a) provides the operator of the aerodrome with a copy of the written notice referred to in paragraph (2)(d) at least two hours or, in an emergency, as soon as feasible before the departure of the flight; and

  • (b) shows a representative of the air carrier the identification referred to in paragraph (2)(e).

• Marginal note:Transport of more than one person in custody

  (4) An air carrier that transports a person in custody who is a maximum risk to the public must not transport any other person in custody on board the aircraft.

Marginal note:Peace officer duties

• 535 (1) An escort officer who is a peace officer and who escorts a person in custody during a flight must

  • (a) remain with the person at all times;

  • (b) immediately before boarding the aircraft, search the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety;

  • (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and

  • (d) carry restraining devices that can be used to restrain the person, if necessary.

• Marginal note:Air carrier duties

  (2) If an escort officer who is not a peace officer escorts a person in custody, the air carrier must, immediately before the person boards the aircraft, cause the person and the person’s carry-on baggage to be screened for weapons or other items that could be used to jeopardize flight safety.

• Marginal note:Escort officer duties

  (3) An escort officer who is not a peace officer and who escorts a person in custody during a flight must

  • (a) remain with the person at all times;

  • (b) ensure that a screening of the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety is carried out

    • (i) before the escort officer and the person enter a restricted area from which they may board the aircraft, or

    • (ii) before the escort officer and the person board the aircraft, if the aerodrome does not have a restricted area from which they may board the aircraft;

  • (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and

  • (d) carry restraining devices that can be used to restrain the person, if necessary.

Marginal note:Consumption of alcoholic beverages

536 A person in custody and the escort officer who is escorting the person must not consume any alcoholic beverage on board an aircraft.

Marginal note:Prohibition — alcoholic beverages

537 An air carrier must not provide a person in custody or an escort officer who is escorting the person on board an aircraft with any alcoholic beverage.

Marginal note:Seating of persons in custody

538 An air carrier must not allow a person in custody on board an aircraft to be seated next to an exit.

Marginal note:Threat to aircraft — air carriers

• 539 (1) An air carrier that is made aware of a threat against an aircraft or a flight must immediately determine whether there is a specific threat that jeopardizes the security of the aircraft or flight.

• Marginal note:Threat to aircraft — other operators

  (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aircraft or a flight must immediately determine whether the threat jeopardizes the security of the aircraft or flight.

Marginal note:Specific threat to aircraft — air carriers

• 540 (1) An air carrier that determines that there is a specific threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

  • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat;

  • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and

  • (c) inspecting the aircraft and causing a screening of the passengers and goods on board the aircraft to be carried out, unless the inspection and screening are likely to jeopardize the safety of the passengers and crew members.

• Marginal note:Specific threat to aircraft — other operators

  (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

  • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat;

  • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and

  • (c) inspecting the aircraft and causing a search of the passengers and goods on board the aircraft to be carried out, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members.

• Marginal note:Aircraft on ground

  (3) If the aircraft is on the ground, the pilot-in-command must comply with any direction given by the operator of the aerodrome under paragraph (1)(b) or (2)(b) or by a member of the appropriate police service, unless complying with the direction is likely to jeopardize the safety of the passengers and crew members.

Marginal note:Threat to facility or aerodrome — air carriers

• 541 (1) An air carrier that is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.

• Marginal note:Threat to facility or aerodrome — other operators

  (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately determine whether the threat jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Specific threat to facility or aerodrome — air carriers

• 542 (1) An air carrier that determines that there is a specific threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the nature of the threat.

• Marginal note:Threat to facility or aerodrome — other operators

  (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the threat.

Marginal note:Notification of Minister

• 543 (1) An air carrier must immediately notify the Minister when any of the following incidents occur:

  • (a) the hijacking or attempted hijacking of an aircraft;

  • (b) the discovery, on board an aircraft, of a weapon, other than an unloaded firearm that the air carrier authorized under section 531 or subsection 533(1);

  • (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device in respect of which the air carrier was not notified in accordance with subsection 80(3);

  • (d) an explosion on an aircraft, unless the explosion is known to be the result of an accident;

  • (e) a specific threat against an aircraft, flight, or part of an aerodrome or other aviation facility, that is under the air carrier’s control; and

  • (f) an aviation security incident that involves a peace officer in any part of an aerodrome that is under the air carrier’s control.

• Marginal note:Notification of operators of aerodromes

  (2) An air carrier must immediately notify the operator of an aerodrome when a weapon, other than a firearm permitted under subsection 78(2), is detected in any part of the aerodrome that is under the air carrier’s control.

Marginal note:Provision to Minister

544 An air carrier must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including

• (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the air carrier; and

• (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

Marginal note:Duty of service providers

545 A person who provides an air carrier with a service and a person who provides a service related to the transportation of accepted cargo or mail by air must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including

• (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to that person; and

• (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

Marginal note:Part overview

765 This Part sets out ministerial powers and duties that are not set out in any other part.

Marginal note:Disclosure of information

766 The Minister is authorized to disclose to CATSA or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system referred to in section 56.

Marginal note:Deactivation request

• 767 (1) The Minister must ask CATSA to deactivate a restricted area identity card if

  • (a) the Minister is notified under section 156 or 312; or

  • (b) the security clearance of the person to whom the card has been issued is suspended or cancelled.

• Marginal note:Prohibition

  (2) The Minister must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

Marginal note:Part overview

• 797 (1) This Part allows the enforcement, by means of administrative monetary penalties, of the provisions of these Regulations that are set out in Schedule 4 and the provisions of any security measure.

• Marginal note:Designated provisions of the Act

  (2) The Designated Provisions Regulations allow the enforcement, by means of administrative monetary penalties, of the provisions of the Act that are set out in Schedule 4 to those Regulations.

Marginal note:Designated provisions

• 798 (1) A provision set out in column 1 of Schedule 4 is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

• Marginal note:Maximum amounts

  (2) The amount set out in column 2 or column 3 of Schedule 4 is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1.

Marginal note:Designation of security measure provisions

• 799 (1) The provisions of a security measure are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

• Marginal note:Maximum amounts

  (2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

  • (a) $5,000, in the case of an individual; and

  • (b) $25,000, in the case of a corporation.

Marginal note:Notice requirements

800 A notice referred to in subsection 7.7(1) of the Act must be in writing and indicate the information prescribed by section 4 of the Designated Provisions Regulations.

801 [Amendment]

802 [Amendment]

Marginal note:Operators of class 1 aerodromes

• 803 (1) The following provisions do not apply to the operator of an aerodrome until the day that is six months after the day on which these Regulations come into force:

  • (a) section 112;

  • (b) section 191; and

  • (c) sections 193 and 194.

• Marginal note:Primary security line partners at class 1 aerodromes

  (2) The following provisions do not apply to a primary security line partner at an aerodrome until the day that is six months after the day on which these Regulations come into force:

  • (a) section 114;

  • (b) section 225;

  • (c) section 231; and

  • (d) sections 234 and 235.

Marginal note:Operators of class 2 aerodromes

• 804 (1) The following provisions do not apply to the operator of an aerodrome until the day that is 14 months after the day on which these Regulations come into force:

  • (a) section 270;

  • (b) section 347; and

  • (c) sections 348 and 349.

• Marginal note:Primary security line partners at class 2 aerodromes

  (2) Section 374 does not apply to a primary security line partner at an aerodrome until the day that is 14 months after the day on which these Regulations come into force.

Marginal note:Operators of class 3 aerodromes

• 805 (1) The following provisions do not apply to the operator of an aerodrome until the day that is 17 months after the day on which these Regulations come into force:

  • (a) section 425;

  • (b) section 455; and

  • (c) sections 456 and 457.

• Marginal note:Primary security line partners at class 3 aerodromes

  (2) Section 481 does not apply to a primary security line partner at an aerodrome until the day that is 17 months after the day on which these Regulations come into force.

806 [Repeal]