Canadian Aviation Security Regulations, 2012 (SOR/2011-318)

Overview

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. They are designed to enhance preparedness for acts or attempted acts of unlawful interference with civil aviation and 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 and by security measures, interim orders, ministerial 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 the CATSA security program;

• (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 and at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act;

• (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 deals with air cargo;

• (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.

Interpretation

Marginal note:Definitions

3 The following definitions apply in these Regulations.

accepted cargo

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

Act

Act means the Aeronautics Act. (Loi)

aerodrome security personnel

aerodrome security personnel means individuals who are employed by the operator of an aerodrome or by one of the operator’s contractors to prepare for, detect, prevent, respond to, and assist in the recovery from, acts or attempted acts of unlawful interference with civil aviation. (personnel de sûreté de l’aérodrome)

agency firearm

agency firearm has the same meaning as in section 1 of the Public Agents Firearms Regulations. (arme à feu d’agence)

baggage make-up area

baggage make-up area means an area of an air terminal building, or an area of a building at an aerodrome that is under an air carrier’s control, where checked baggage is stored. (zone de tri de bagages)

biometric template

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

border services officer

border services officer has the same meaning as in section 5 of the Preclearance Act, 2016. (agent des services frontaliers)

carry-on baggage

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

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

checked baggage

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

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)

consolidated cargo

consolidated cargo means multiple cargo shipments that originate from more than one original shipper that are consolidated to form one shipment under the air waybill or similar control document. (fret groupé)

crew member

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

defensive equipment

defensive equipment means a baton or oleoresin capsicum spray, or both. (équipement défensif)

document of entitlement

document of entitlement means a document that serves as proof of authorization to enter a restricted area. (document d’autorisation)

escort officer

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)

exigent circumstances

exigent circumstances means circumstances beyond a border services officer’s or a US preclearance officer’s control in which the officer’s continued presence is required to

• (a) preserve the integrity of an examination or investigation that is underway; or

• (b) prevent an imminent danger to human life or serious damage to property. (situation d’urgence)

firearm

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

general list of prohibited items

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

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

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

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

Minister means the Minister of Transport. (ministre)

non-consolidated cargo

non-consolidated cargo means a cargo shipment that originates from a single shipper. (fret non groupé)

non-passenger screening checkpoint

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

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

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

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

peace officer

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

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

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

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

regulatory requirement means a requirement of

• (a) these Regulations;

• (b) any other aviation security regulations;

• (c) a security measure;

• (d) an interim order; or

• (e) a ministerial order. (exigence réglementaire)

restricted area

restricted area means any part of an aerodrome that is designated as a restricted area by the operator of the aerodrome in accordance with a regulatory requirement. (zone réglementée)

restricted area access point

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

restricted area identity card means a restricted area pass that is issued by or under the authority of the operator of an aerodrome and that can be automatically verified by an identity verification system maintained by CATSA under section 56. (carte d’identité de zone réglementée)

restricted area pass

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

screening authority means, as the context requires,

• (a) CATSA;

• (b) a screening contractor as defined in section 2 of the Canadian Air Transport Security Authority Act; or

• (c) a screening officer. (administration de contrôle)

screening officer

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

security barrier

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

security personnel[Repealed, SOR/2014-153, s. 2]

sensitive information respecting aviation security

sensitive information respecting aviation security means information — including information respecting risks, threats, vulnerabilities, systems, equipment, controls and procedures as well as plans and technical drawings — that could be used to exploit or create a vulnerability or to facilitate an act or attempted act of unlawful interference with civil aviation. (renseignements délicats relatifs à la sûreté aérienne)

specific list of prohibited items

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

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)

threat item

threat item means any of the following goods that are in a shipment of cargo but are not listed on the air waybill or other similar control document issued in respect of that cargo:

• (a) an explosive substance;

• (b) an incendiary device;

• (c) a component of an explosive device or incendiary device; and

• (d) any other good that could pose a threat to aviation security. (article dangereux)

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)

US inspection agency

US inspection agency means the entity responsible for carrying out responsibilities relating to the importation of goods, immigration, agriculture and public health and safety in order to determine whether a person or goods bound for the United States is or are admissible. (organisme d’inspection des États-Unis)

US inspection agency ammunition

US inspection agency ammunition means ammunition that is provided to US preclearance officers by the US inspection agency. (munitions d’organisme d’inspection des États-Unis)

US inspection agency firearm

US inspection agency firearm means a firearm that is provided to US preclearance officers by the US inspection agency and that is loaded with US inspection agency ammunition or is unloaded. (arme à feu d’organisme d’inspection des États-Unis)

US preclearance officer

US preclearance officer has the meaning assigned to the definition preclearance officer in section 5 of the Preclearance Act, 2016. (contrôleur des États-Unis)

weapon

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

PART 1Screening

Overview

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.

Application

Marginal note:Application

4.1 This Part applies in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Screening Officers

Marginal note:Qualifications

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

  • (a) is at least 18 years of age;

  • (b) is a Canadian citizen or a 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;

  • (e) has taken the training referred to in section 20 and, if applicable, the ongoing training referred to in section 23;

  • (f) has successfully completed the evaluation in accordance with section 22 and, if applicable, subsection 23(4), demonstrating their competence in the carrying out of their screening duties;

  • (g) is certified by the screening authority as meeting the requirements referred to in paragraphs (a) to (f); and

  • (h) is designated by the Minister under section 4.84 of the Act.

• Marginal note:Supervision

  (2) The 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:Requalification — absence of more than a month

  (3) If the screening officer is absent from work for more than one month but less than 18 months, the screening authority must ensure that, before the screening officer resumes their duties, the screening officer is evaluated and takes any necessary training on the training elements set out in section 20 to ensure their competency.

• Marginal note:Requalification — absence of 18 months or more

  (4) If the screening officer is absent from work for 18 months or more, the screening authority must ensure that the screening officer takes the training referred to in section 20 and is then evaluated to ensure their competency before they resume their duties.

Marginal note:Cancellation of certification

• 5.1 (1) The screening authority must cancel the certification granted to a person in accordance with paragraph 5(1)(g) if

  • (a) the person ceases to be employed as a screening officer;

  • (b) the person no longer meets the requirements set out in section 5 to conduct screening; or

  • (c) the person’s designation is cancelled by the Minister.

• Marginal note:Notice to Minister

  (2) The screening authority must notify the Minister when a screening officer’s certification is cancelled under paragraph (1)(a) or (b).

Marginal note:Corrective actions

• 5.2 (1) The screening authority must take corrective actions if a screening officer is unable to carry out their screening duties effectively.

• Marginal note:Plan

  (2) The corrective actions must include a plan that addresses any screening deficiencies.

• Marginal note:Evaluation

  (3) The screening authority must evaluate the screening officer to ensure the screening officer’s competency to carry out their duties effectively before they resume their duties.

Marginal note:Record

• 5.3 (1) The screening authority must create a training and certification record for each screening officer and make it available to the Minister on reasonable notice given by the Minister.

• Marginal note:Record keeping

  (2) The screening authority must keep the records for at least 90 days after the day on which the screening officer ceases to be employed.

Official Languages

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.

Carriage of Weapons, Explosive Substances and Incendiary Devices During 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 (1) 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:Notification by peace officer

  (2) If the peace officer is authorized by the air carrier under section 531, the peace officer must present the identification and the form referred to in that section to the screening officers.

Identity Screening

8.1 [Repealed, SOR/2022-92, s. 4]

Marginal note:Definition of required identification

• 8.2 (1) For the purposes of sections 8.3 and 8.4, required identification means

  • (a) one piece of valid government-issued photo identification that shows the holder’s name and date of birth;

  • (b) two pieces of valid government-issued identification, at least one of which shows the holder’s name and date of birth; or

  • (c) a restricted area identity card.

• Marginal note:Exclusion

  (2) A document issued by a government for the purposes of fishing, hunting or boating is not required identification.

Marginal note:Identity screening — age

• 8.3 (1) A screening authority must not allow a person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person, in accordance with these Regulations and any applicable security measure, emergency direction or interim order, by looking at the person, and in particular their entire face, to determine if they appear to be 18 years of age or older.

• Marginal note:Identity screening — required identification

  (2) A screening authority must not allow a person referred to in subsection (1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person

  • (a) by comparing the person, and in particular their entire face, against the required identification, if applicable; and

  • (b) by comparing the name on the person’s document of entitlement with the name on the required identification.

Marginal note:Lost or stolen identification

• 8.4 (1) If a person referred to in subsection 8.3(1) who appears to be 18 years of age or older presents documentation that is issued by a government or a police service and that attests to the loss or theft of the required identification, a screening authority must not allow the person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority

  • (a) screens the person’s identity using alternative forms of identification; and

  • (b) carries out an additional screening of the person, and of any goods in their possession or control, for goods listed or described in the general list of prohibited items.

• Marginal note:Examples

  (2) Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.

Marginal note:Refusal of entry

• 8.5 (1) A screening authority must not allow a person referred to in subsection 8.3(1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area if

  • (a) the person presents a piece of photo identification and does not resemble the photograph;

  • (b) the person presents more than one form of identification and there is a significant discrepancy between those forms of identification; or

  • (c) there is a significant discrepancy between the name on the identification presented by the person and the name on their document of entitlement.

• Marginal note:Medical exceptions

  (2) Paragraph (1)(a) does not apply in respect of a person referred to in subsection 8.3(1) if

  • (a) the person’s appearance changed for medical reasons after the photograph was taken and the person presents the screening authority with a document signed by a health care professional and attesting to that fact; or

  • (b) the person’s face is bandaged for medical reasons and the person presents the screening authority with a document signed by a health care professional and attesting to that fact.

Screening for Prohibited Items

9 [Repealed, SOR/2022-92, s. 7]

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.

13 [Repealed, SOR/2022-92, s. 8]

Circumventing Screening

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.

Screening of Checked Baggage

Marginal note:Use of force

14.1 If a piece of checked baggage is locked or sealed, a screening authority is authorized to use force when it is necessary to gain access to the contents of the piece of checked baggage for the purposes of screening.

Marginal note:Notice

• 14.2 (1) When a screening authority uses force to gain access to the contents of a piece of checked baggage that is being screened, the screening authority must notify the person who tendered the checked baggage that it was opened by force.

• Marginal note:Record

  (2) The screening authority must create a record of each instance in which force is used to gain access to the contents of a piece of checked baggage that is being screened.

• Marginal note:Record keeping

  (3) The screening authority must keep the record for at least 180 days.

• Marginal note:Provision of record to Minister

  (4) The screening authority must provide the record to the Minister on reasonable notice given by the Minister.

Threat Response

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 threat that jeopardizes the security of the aerodrome.

Reporting of Security Incidents

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.

Security Information

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.

[18 and 19 reserved]

Training

Marginal note:Minimum training standards

20 A screening authority must establish and implement in a consistent manner across Canada a training program for screening officers. The training program must be composed of both theoretical and practical training and

• (a) cover the responsibilities and duties of a screening officer, as well as screening processes;

• (b) cover the safeguarding of civil aviation operations against acts of unlawful interference, as well as current and emerging aviation security threats and trends;

• (c) cover the use of screening equipment, and include practical training using the screening equipment; and

• (d) include on-the-job training provided and supervised by a person who has knowledge of and experience in screening.

Marginal note:Qualifications of instructor

21 The screening authority must ensure that an instructor who provides the training referred to in paragraphs 20(a) to (d)

• (a) is at least 18 years of age;

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

• (c) has a security clearance;

• (d) has specialized knowledge of aviation security screening operations;

• (e) has successfully completed instructor training on aviation security and the screening elements to be taught; and

• (f) has knowledge of current and emerging aviation security threats and trends and of regulatory requirements related to screening.

Marginal note:Evaluation

• 22 (1) The screening authority must evaluate a screening officer candidate who has taken the training referred to in section 20 based on the following criteria:

  • (a) knowledge of the elements referred to in paragraphs 20(a) and (b); and

  • (b) the ability to operate screening equipment and apply the screening processes for persons and goods.

• Marginal note:Evaluation — X-ray equipment

  (2) If the screening is to be carried out using X-ray equipment, the evaluation referred to in paragraph (1)(b) must contain an X-ray component that includes

  • (a) the screening of goods that are listed or described in the general list of prohibited items, with an emphasis on explosive substances;

  • (b) the screening of goods that are arranged in a way that creates various levels of difficulty in identifying them; and

  • (c) the use of X-ray image enhancement tools.

Marginal note:Ongoing training program

• 23 (1) In order for a screening officer to maintain their knowledge and skills, the screening authority must have an ongoing training program that

  • (a) covers changes in screening processes, screening equipment and aviation security threats and trends; and

  • (b) includes a review of any screening issues and gaps.

• Marginal note:Frequency

  (2) The program must set out the frequency of ongoing training.

• Marginal note:Qualified instructor

  (3) The ongoing training must be provided by an instructor who meets the requirements set out in section 21.

• Marginal note:Evaluation

  (4) The screening authority must evaluate the knowledge and skills of the screening officer as soon as feasible.

Marginal note:Program and examinations

24 The screening authority must provide the Minister, on reasonable notice given by the Minister, with its screening officer training program and the examinations used for evaluations.

[25 to 29 reserved]

Screening Equipment

Marginal note:Screening equipment

• 30 (1) A screening authority must obtain the Minister’s approval before implementing any of the following measures:

  • (a) the use, on a trial basis, of new screening equipment or software;

  • (b) the modification of approved screening equipment or software; or

  • (c) the addition of new screening equipment or software.

• Marginal note:Request for approval

  (2) The screening authority must include the following information in the request for approval for the purposes of subsection (1):

  • (a) the reasons for the implementation of the measures and any supporting documentation from the manufacturer;

  • (b) a description of any proposed modifications to approved screening equipment or software;

  • (c) a list of the performance verification tools approved by the Minister that will be used; and

  • (d) documentation demonstrating that the detection performance of any modified equipment is maintained or enhanced.

Marginal note:Process — protection of sensitive information

• 31 (1) A screening authority must implement and maintain a process approved by the Minister for preventing the disclosure of sensitive information respecting aviation security when screening equipment or software is sold, destroyed or otherwise disposed of.

• Marginal note:Amendment of process

  (2) If the screening authority intends to amend the process, it must obtain the approval of the Minister before implementing the amended process.

[32 to 55 reserved]

55 [Repealed, SOR/2022-92, s. 11]

Identity Verification System

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 — to be implemented in the event that it is unable to use the identity verification system — that sets out

  • (a) how CATSA will maintain an equivalent level of security until normal operations are re-established, including the ability to meet the following objectives:

    • (i) to receive security clearance information from the Minister,

    • (ii) to activate and deactivate restricted area identity cards, and

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

  • (b) how CATSA will re-establish normal operations.

• Marginal note:Implementation

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

• Marginal note:Delay notice

  (3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if it discovers that it will be unable, for more than 24 hours, to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii) and must immediately inform the Minister and any affected operator of an aerodrome of how it will re-establish normal operations.

• 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; and

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

  • (f) [Repealed, SOR/2022-92, s. 13]

• Marginal note:Provision of records to Minister

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

PART 2CATSA Security Program

CATSA Security Program Requirements

Marginal note:Requirement to establish and implement

• 65 (1) CATSA must establish and implement a security program in order to safeguard information, equipment, information technology infrastructure, facilities and all other assets related to screening operations.

• Marginal note:Program requirements

  (2) As part of its security program, CATSA must

  • (a) develop a security policy statement that establishes an overall security commitment and direction and sets out the security objectives;

  • (b) establish and implement a security awareness program that promotes a culture of vigilance among its employees;

  • (c) conduct a security risk assessment in accordance with section 69;

  • (d) assess risk information and disseminate it within its organization for the purpose of facilitating informed decision-making about security;

  • (e) establish a strategic security plan in accordance with section 73;

  • (f) identify the security official referred to in subsection (3);

  • (g) subject to section 31, establish and implement a process for receiving, identifying, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access; and

  • (h) establish and implement a process for responding to security incidents and breaches.

• Marginal note:Security official

  (3) CATSA must have, at all times, at least one security official or acting security official who is responsible for acting as the principal contact between CATSA and the Minister with respect to the security program.

Marginal note:Documentation

• 66 (1) CATSA must keep

  • (a) documentation related to its security risk assessment and any review of it for at least five years;

  • (b) documentation related to its strategic security plan and any amendment to it for at least five years; and

  • (c) all other documentation related to its security program for at least two years.

• Marginal note:Ministerial access

  (2) CATSA must make the documentation available to the Minister on reasonable notice given by the Minister.

Marginal note:Requirement to amend

67 CATSA must amend its security program if it identifies a security risk that is not addressed by the program.

Committees

Marginal note:Multi-agency advisory committee

68 CATSA must be an active member of an aerodrome’s multi-agency advisory committee referred to in sections 196 and 353.

Security Risk Assessments

Marginal note:Security risk assessments

69 CATSA must have a security risk assessment that identifies and assesses the risks in respect of information, equipment, information technology infrastructure, facilities and all other assets related to screening operations and that includes the following elements:

• (a) a threat assessment that evaluates the probability of a disruption to security screening services caused by an unauthorized access or an act or attempted act of unlawful interference;

• (b) a criticality assessment that prioritizes the information, equipment, information technology infrastructure, facilities and all other assets related to screening operations that most require protection from acts and attempted acts of unlawful interference;

• (c) a vulnerability assessment that considers the extent to which information, equipment, information technology infrastructure, facilities and all other assets related to screening operations are susceptible to loss or damage; and

• (d) an impact assessment that, at a minimum, measures the consequences of a security screening incident or potential security screening incident in terms of

  • (i) a decrease in public safety and security,

  • (ii) financial and economic loss, and

  • (iii) a loss of public confidence.

Marginal note:Submission for approval

• 70 (1) CATSA must submit its initial security risk assessment to the Minister for approval.

• Marginal note:Submission — five years

  (2) CATSA must submit a new security risk assessment to the Minister within five years after the date of the most recent approval.

Marginal note:Security risk assessment — annual review

• 71 (1) CATSA must conduct a review of its security risk assessment at least once a year.

• Marginal note:Security risk assessment — other reviews

  (2) CATSA must also conduct a review of its security risk assessment if

  • (a) it acquires new equipment, information technology infrastructure, facilities or any other new assets related to screening operations;

  • (b) it makes changes to security screening operations that could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

  • (c) a change in regulatory requirements could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; or

  • (d) it identifies a vulnerability that is not addressed in the assessment or the Minister identifies such a vulnerability to CATSA.

• Marginal note:Equivalency

  (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

• Marginal note:Documentation

  (4) When CATSA conducts a review of its security risk assessment, it must document

  • (a) any decision to amend or to not amend the assessment or the risk-management strategy;

  • (b) the reasons for that decision; and

  • (c) the factors that were taken into consideration in making that decision.

• Marginal note:Notification

  (5) CATSA must notify the Minister if, as a result of a review of its security risk assessment, it amends the assessment

  • (a) to include a new medium to high risk; or

  • (b) to raise or lower the level of a risk within the medium to high range.

Marginal note:Approval

72 The Minister must approve a security risk assessment submitted by CATSA if

• (a) the assessment meets the requirements of section 69;

• (b) the assessment has been reviewed by an executive within CATSA who is responsible for security;

• (c) CATSA has considered all available and relevant information; and

• (d) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations.

Strategic Security Plans

Marginal note:Strategic security plans

• 73 (1) CATSA must establish a strategic security plan that

  • (a) summarizes its strategy to prepare for, detect, prevent, respond to and recover from threats identified in the security risk assessment; and

  • (b) includes a risk-management strategy that addresses the medium to high security risks identified and prioritized in its security risk assessment.

• Marginal note:Submission for approval

  (2) CATSA must submit its strategic security plan to the Minister for approval.

• Marginal note:Approval of plan

  (3) The Minister must approve a strategic security plan submitted by CATSA if

  • (a) the plan meets the requirements of subsection (1);

  • (b) the plan has been reviewed by an executive within CATSA who is responsible for security;

  • (c) the plan is likely to enable CATSA to prepare for, detect, prevent, respond to and recover from an unauthorized access to or acts or attempted acts of unlawful interference with information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

  • (d) the risk-management strategy is in proportion to the risks it addresses;

  • (e) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; and

  • (f) the plan can be implemented without compromising security.

• Marginal note:Implementation

  (4) CATSA must, as soon as its strategic security plan is approved, implement its risk-management strategy.

Marginal note:Amendments

• 74 (1) CATSA may amend its strategic security plan at any time, but must do so if

  • (a) the plan does not reflect CATSA’s most recent security risk assessment;

  • (b) the Minister informs CATSA that there is a change in the threat environment that could result in a new or unaddressed medium to high risk to information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

  • (c) CATSA identifies a deficiency in the plan; or

  • (d) the Minister informs CATSA that its risk-management strategy is not in proportion to a risk set out in its security risk assessment.

• Marginal note:Documentation

  (2) If CATSA amends its strategic security plan, it must document

  • (a) the reason for the amendment; and

  • (b) the factors that were taken into consideration in making that amendment.

• Marginal note:Submission of amendment

  (3) If CATSA amends its strategic security plan, it must, as soon as possible, submit the amendment to the Minister for approval.

• Marginal note:Approval

  (4) The Minister must approve an amendment if

  • (a) in the case of an amendment to the summary required under paragraph 73(1)(a), the conditions set out in paragraphs 73(3)(a) to (c) have been met; or

  • (b) in the case of an amendment to the risk-management strategy required under paragraph 73(1)(b), the conditions set out in paragraphs 73(3)(a) to (f) have been met.

• Marginal note:Implementation

  (5) If CATSA amends its risk-management strategy, it must implement the amended version of the strategy once it is approved by the Minister.

Disclosure of Information

Marginal note:Prohibition

75 A person other than the Minister must not disclose security-sensitive information that is created or used under this Part 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.

PART 3Weapons, Explosive Substances and Incendiary Devices

Overview

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.

At Aerodromes

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, other than a person described in item 22, column 1	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
  10	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	defensive equipment	the border services officer is acting in the course of their duties
  11	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	an agency firearm and ammunition	the border services officer is acting in the course of their duties and is inside an air terminal building in a baggage make-up area, a commercial office or a firearms storage room, or outside an air terminal building
  12	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	an agency firearm and ammunition	the border services officer is acting in the course of their duties, has come from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome, and is conducting one of the following activities inside an air terminal building for no longer than one hour unless exigent circumstances exist: (a) providing necessary expertise to another border services officer or to a US preclearance officer in respect of an examination that is underway; (b) conducting an examination using canines; (c) continuing to monitor persons, baggage or other goods to verify compliance with program legislation as defined in section 2 of the Canada Border Services Agency Act if the monitoring commenced in an area described in item 11, column 3, or on board an aircraft on the ground at the aerodrome; (d) escorting persons, baggage or other goods from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome
  13	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	an agency firearm and ammunition	the border services officer is acting in the course of their duties, has come from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome, and is taking a break or having a meal inside an air terminal building for no longer than one hour
  14	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	an agency firearm and ammunition	the border services officer is acting in the course of their duties and is transiting inside an air terminal building between (a) any of the areas described in item 11, column 3, or an aircraft on the ground at the aerodrome; or (b) an area described in item 11, column 3, or an aircraft on the ground at the aerodrome, and an area inside an air terminal building where the officer will conduct one of the activities described in paragraphs 12(a) to (d), column 3, or take a break or have a meal
  15	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is one of the following aerodromes, except if preclearance areas have been designated under subsection 6(1) of the Preclearance Act, 2016 at the aerodrome: (a) Montréal International (Mirabel); (b) an aerodrome listed in Schedule 2 or 3; (c) a place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act; (d) an aerodrome to which Part 7 applies	an agency firearm and ammunition	in order to carry out their duties, the border services officer is required to transit frequently between an area where they are permitted to carry, transport or have access to an agency firearm and ammunition in accordance with items 11 to 14 and another area inside an air terminal building, in which case, the one-hour limit set out in items 12 and 13, column 3, does not apply
  16	a border services officer who is not wearing a Canada Border Services Agency uniform and whose ordinary place of work is not an aerodrome	defensive equipment, an agency firearm and ammunition	the border services officer is acting in the course of their duties, is inside an air terminal building and, for the purposes of administering and enforcing program legislation as defined in section 2 of the Canada Border Services Agency Act, is (a) gathering intelligence; (b) responding to a threat posed by a person or goods if the threat was identified by the Canada Border Services Agency; or (c) planning or conducting an intelligence, administrative or criminal investigation
  17	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	defensive equipment	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016
  18	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	a US inspection agency firearm and US inspection agency ammunition	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 and is inside an air terminal building in a baggage make-up area or a firearms storage room, or outside an air terminal building
  19	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	a US inspection agency firearm and US inspection agency ammunition	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016, has come from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome, and is conducting one of the following activities inside an air terminal building for no longer than one hour unless exigent circumstances exist: (a) providing necessary expertise to another US preclearance officer in respect of an examination that is underway; (b) conducting an examination using canines; (c) escorting persons, baggage or other goods from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome
  20	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	a US inspection agency firearm and US inspection agency ammunition	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016, has come from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome, and is taking a break or having a meal inside an air terminal building for no longer than one hour
  21	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	a US inspection agency firearm and US inspection agency ammunition	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 and is transiting inside an air terminal building between (a) any of the areas described in item 18, column 3, or an aircraft on the ground at the aerodrome; or (b) an area described in item 18, column 3, or an aircraft on the ground at the aerodrome, and an area inside an air terminal building where the officer will conduct one of the activities described in paragraphs 19(a) to (c), column 3, or take a break or have a meal
  22	any of the following persons: (a) a person designated as a fishery officer under subsection 5(1) of the Fisheries Act; (b) a person designated as a park warden under section 18 of the Canada National Parks Act; (c) a person designated as an enforcement officer under section 19 of the Canada National Parks Act; (d) a person designated as an enforcement officer under subsection 217(1) of the Canadian Environmental Protection Act, 1999; (e) a person designated as a game officer under subsection 6(1) of the Migratory Birds Convention Act, 1994; (f) a person designated as an enforcement officer under subsection 85(1) of the Species at Risk Act; (g) a person designated as a wildlife officer under subsection 11(1) of the Canada Wildlife Act; (h) a person designated as an enforcement officer under subsection 29(1) of the Antarctic Environmental Protection Act; (i) a person designated as an officer under subsection 12(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; (j) a person designated as a marine conservation area warden under section 18 of the Canada National Marine Conservation Areas Act; (k) a person designated as an enforcement officer under section 19 of the Canada National Marine Conservation Areas Act; (l) a person designated as an enforcement officer under section 13 of the Saguenay-St. Lawrence Marine Park Act; (m) a person designated as a park warden under section 23 of the Rouge National Urban Park Act; (n) a person designated as an enforcement officer under section 24 of the Rouge National Urban Park Act	defensive equipment, a loaded agency firearm and ammunition	the person (a) is acting in the course of their duties at the aerodrome; or (b) is taking a flight and is authorized by the operator of the aircraft under section 533.1

• 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:Definition of commercial office

  (4) For the purposes of subsection (2), commercial office means an area of a customs office designated under section 5 of the Customs Act that is used primarily for the reporting, examination and release under that Act of commercial goods, as defined in section 2 of the Reporting of Imported Goods Regulations.

Marginal note:Oversight and corrective actions

• 78.1 (1) The agency that employs the person described in items 10 to 21, column 1, of the table to subsection 78(2) must ensure that that person meets the conditions set out in column 3 of those items and, in the case where the agency identifies a failure to comply with a condition, it must immediately take corrective actions to prevent the recurrence of the failure.

• Marginal note:Records — failure to comply with condition

  (2) Each time the agency identifies a failure to comply with a condition, it must create a record that includes

  • (a) the date on which the failure occurred;

  • (b) a description of the failure; and

  • (c) a description of the corrective actions that were taken to prevent the recurrence of the failure.

• Marginal note:Provision of records to Minister

  (3) The agency must provide the Minister with the records on reasonable notice given by the Minister.

Marginal note:Records — exigent circumstances

• 78.2 (1) Each time a person described in item 12 or 19, column 1, of the table to subsection 78(2) exceeds, due to exigent circumstances, the one-hour period referred to in column 3, the agency that employs that person must create a record that includes

  • (a) the date on which the one-hour period was exceeded;

  • (b) the amount of time by which the one-hour period was exceeded; and

  • (c) a description of the exigent circumstances.

• Marginal note:Provision of records to Minister

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

On Board Aircraft

Marginal note:Weapons

• 79 (1) Subject to subsections (2.1) to (4), a person must not carry or have access to a weapon on board an aircraft.

• Marginal note:Explosive substances and incendiary devices

  (2) Subject to subsections (2.1) to (2.4), (3.1) and (4), 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

  (2.1) A Canadian in-flight security officer who is acting in the course of their duties may carry or have access to a loaded firearm on board an aircraft operated by an air carrier.

• Marginal note:Exception — border services officer

  (2.2) A border services officer who is acting in the course of their duties may carry or have access to defensive equipment, an agency firearm and ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — US preclearance officer

  (2.3) A US preclearance officer who is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 may carry or have access to defensive equipment, a US inspection agency firearm and US inspection agency ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — certain federal employees

  (2.4) A person described in item 22, column 1, of the table to subsection 78(2) who is acting in the course of their duties may carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft that is on the ground at an aerodrome.

• 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 — certain federal employees

  (3.1) A person described in item 22, column 1, of the table to subsection 78(2) may carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft, if authorized by the operator of the aircraft under section 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.

Transport and Tendering for Transportation

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.

False Declarations

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.

PART 4Class 1 Aerodromes

Overview

Marginal note:Part overview

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

Application

Marginal note:Application

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

DIVISION 1Prohibited Items

Overview

Marginal note:Division overview

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

Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

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.

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

• 86 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

• Marginal note:Exception — liquids, aerosols and gels

  (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.

• Marginal note:Exception — knives

  (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.

[87 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

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

Threat Response

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 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 threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

91 The operator of an aerodrome who determines that there is a 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 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 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.

Information Reporting

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 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.

DIVISION 3AVSEC Levels

Overview

Marginal note:Division overview

96 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

AVSEC Level Requirements

Marginal note:Additional safeguards

97 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:

• (a) determine which additional safeguards are likely to mitigate the heightened risk condition;

• (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;

• (c) implement or continue to implement the additional safeguards; and

• (d) notify the Minister of the additional safeguards that are being or will be implemented.

Marginal note:Notification

98 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 97(b).

Marginal note:Legal powers and obligations

99 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

[100 to 107 reserved]

DIVISION 4Personnel and Training

Overview

Marginal note:Division overview

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

[109 and 110 reserved]

Security Official

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.

113 [Repealed, SOR/2014-153, s. 7]

114 [Repealed, SOR/2014-153, s. 7]

[113 and 114 reserved]

Aerodrome Security Personnel

Marginal note:Initial training

• 115 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

• Marginal note:Training elements

  (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

  • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;

  • (b) the security controls and procedures at the aerodrome where the personnel are employed;

  • (c) systems and equipment at the aerodrome;

  • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;

  • (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and

  • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

• Marginal note:Grandfathering

  (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

Marginal note:Follow-up training

• 116 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

  • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

  • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

  • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and

  • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

• Marginal note:Follow-up training

  (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.

• Marginal note:Training elements

  (3) Follow-up training must include

  • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and

  • (b) instruction and evaluation in relation to that circumstance.

Marginal note:On-the-job training

117 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1.

Marginal note:Training records

• 118 (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 115 or 116, there is a training record that includes

  • (a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities;

  • (b) a description of all the training that the individual has received in accordance with section 115 or 116; and

  • (c) evaluation results for all the training that the individual has received in accordance with section 115 or 116.

• Marginal note:Record keeping

  (2) The operator of the aerodrome must keep the training record for at least two years.

• Marginal note:Ministerial access

  (3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.

[119 reserved]

DIVISION 5Facilitation of Screening

Overview

Marginal note:Division overview

120 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.

Screening of Passengers

Marginal note:Passenger screening facilities

121 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.

Marginal note:False declaration notice

• 122 (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to 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 who is 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:Official languages

  (2) The notice must be clearly visible and be in at least both official languages.

Screening of Non-passengers

Marginal note:Non-passenger screening facilities

123 The operator of an aerodrome must make facilities available for non-passenger screening checkpoints at restricted area access points and at locations inside restricted areas.

Marginal note:Non-passenger access to restricted areas

123.1 The operator of an aerodrome must, in accordance with a security measure, ensure that non-passengers enter a restricted area at the aerodrome only through a restricted area access point where screening is carried out.

Marginal note:Notice — liquids, aerosols or gels

124 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas.

Screening of Checked Baggage

Marginal note:Checked baggage screening facilities

125 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.

Baggage Handling Systems

Marginal note:No change without agreement

126 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA.

DIVISION 6Access Controls

Overview

Marginal note:Division overview

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

Signs

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.

Restricted Area Access Points

Marginal note:Access control system

129 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:

• (a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area;

• (b) manual locking equipment; and

• (c) automated access control equipment.

Marginal note:Passenger loading bridge

130 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked.

Marginal note:Prohibition

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

Baggage Handling Systems

Marginal note:Prevention of unauthorized access

132 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.

Doors, Gates, Emergency Exits and Other Devices

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.

Unauthorized Access

Marginal note:Prohibition

• 139 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

• Marginal note:Restricted areas

  (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.

• Marginal note:Non-public areas other than restricted areas

  (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

• Marginal note:Non-public areas other than restricted areas

  (4) 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 but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Inspectors

Marginal note:Requirement to allow access

140 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.

DIVISION 7Documents of Entitlement

Marginal note:Division overview

141 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity cards are set out in Division 8.

Marginal note:List of documents

• 142 (1) Only the following documents are documents of entitlement at an aerodrome:

  • (a) a restricted area identity card;

  • (b) a temporary pass issued by the operator of the aerodrome;

  • (c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;

  • (d) a passenger escort form that is approved by the operator of the aerodrome;

  • (e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and

  • (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

• Marginal note:Pilot’s licence

  (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

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

  • (b) requires access to an aircraft that they own or operate.

DIVISION 8Enhanced Access Controls

Overview

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.

Identity Verification System

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.

Information To Be Displayed on a Restricted Area Identity Card

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) [Repealed, SOR/2022-92, s. 15]

  • (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) [Repealed, SOR/2022-92, s. 15]

  • (i) [Repealed, SOR/2022-92, s. 15]

• Marginal note:Expiration date

  (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, 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.

• (3) [Repealed, SOR/2022-92, s. 15]

• 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.

Issuance of Restricted Area Identity Cards

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.

Deactivation of Restricted Area Identity Cards

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:Reason for deactivation

  (1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.

• 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:Destruction of cards

  (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

Keys, Combination Codes and Personal Identification Codes

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.

Records

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;

  • (j) compliance with section 151; and

  • (k) restricted area identity cards that have been destroyed.

• 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.

Restricted Area Access Control Process

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.

Control of Access to Restricted Areas

Marginal note:Unauthorized access prohibition

165 A person must not enter or remain in a restricted area 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 of entitlement, other than a restricted area identity card, for 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 (1) 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:Display of temporary passes

  (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass 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 of entitlement, other than a restricted area identity card, for the restricted area.

Business Continuity Plans

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 implement its business continuity plan and immediately 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.

Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes

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.

174 [Repealed, SOR/2014-153, s. 15]

Presentation and Surrender of Restricted Area Identity Cards

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).

Escort and Surveillance

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.

Inspectors

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.

DIVISION 9Airport Security Programs

Overview

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 required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

Interpretation

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.

Airport Security Program Requirements

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 an 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 is intended to minimize 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 risk information and disseminate it 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 the information from unauthorized access;

  • (i) identify sensitive information respecting aviation security and 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) have 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:Other program requirements

  (3) The following also form part of the airport security program:

  • (a) the security official referred to in section 112;

  • (b) the aerodrome security personnel training referred to in sections 115 and 116;

  • (c) the security committee or other working group or forum referred to in section 195;

  • (d) the multi-agency advisory committee referred to in section 196;

  • (e) the airport security risk assessment referred to in section 197;

  • (f) the strategic airport security plan referred to in section 202;

  • (g) the emergency plan referred to in section 206; and

  • (h) the security exercises referred to in sections 207 and 208.

[192 reserved]

Marginal note:Documentation

• 193 (1) The operator of an aerodrome must

  • (a) keep documentation related to its airport security risk assessment and any review of it for at least five years;

  • (b) keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and

  • (c) keep all other 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 the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program.

Committees

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 necessary 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 necessary 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 manage 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 and decisions of the security committee or other working group or forum.

Marginal note:Multi-agency advisory committee

• 196 (1) The operator of an aerodrome must have a multi-agency advisory committee.

• Marginal note:Membership

  (2) The operator of the aerodrome must invite at least the following persons and organizations to be members of the multi-agency advisory committee:

  • (a) the Department of Transport;

  • (b) CATSA;

  • (c) the police service with jurisdiction at the aerodrome;

  • (d) the Royal Canadian Mounted Police;

  • (e) the Canadian Security Intelligence Service; and

  • (f) the Canada Border Services Agency.

• Marginal note:Terms of reference

  (3) The operator of the aerodrome must manage the multi-agency advisory committee in accordance with written terms of reference.

• Marginal note:Objectives

  (4) The objectives of the multi-agency advisory committee are

  • (a) to advise the operator of the aerodrome on its airport security risk assessment and its strategic airport security plan; and

  • (b) to promote the sharing of sensitive information respecting aviation security at the aerodrome.

• Marginal note:Records

  (5) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee.

Airport Security Risk Assessments

Marginal note:Airport security risk assessments

197 The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements:

• (a) a threat assessment that evaluates the probability that aviation security incidents will occur at the aerodrome;

• (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation;

• (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and

• (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of

  • (i) a decrease in public safety and security,

  • (ii) financial and economic loss, and

  • (iii) a loss of public confidence.

Marginal note:Submission for approval

198 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval.

Marginal note:Requirement to consult

199 The operator of an aerodrome must consult its multi-agency advisory committee when the operator is

• (a) preparing its airport security risk assessment for submission to the Minister for approval; and

• (b) conducting a review of its airport security risk assessment.

Marginal note:Airport security risk assessment — annual review

• 200 (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year.

• Marginal note:Airport security risk assessment — other reviews

  (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if

  • (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security;

  • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;

  • (c) an environmental or operational change at the aerodrome could affect aerodrome security;

  • (d) a change in regulatory requirements could affect aerodrome security;

  • (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or

  • (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk.

• Marginal note:Equivalency

  (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

• Marginal note:Documentation

  (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document

  • (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy;

  • (b) the reasons for that decision; and

  • (c) the factors that were taken into consideration in making that decision.

• Marginal note:Notification

  (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment

  • (a) to include a new medium to high risk; or

  • (b) to raise or lower the level of a risk within the medium to high range.

Marginal note:Approval

201 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

• (a) the assessment meets the requirements of section 197;

• (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;

• (c) the operator has considered risk information provided by its multi-agency advisory committee;

• (d) the operator has considered all available and relevant information; and

• (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

Strategic Airport Security Plans

Marginal note:Strategic airport security plans

• 202 (1) The operator of an aerodrome must establish a strategic airport security plan that

  • (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

  • (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment; and

  • (c) sets out a menu of additional safeguards that are

    • (i) intended to mitigate heightened risk conditions in a graduated manner, and

    • (ii) consistent with the operator’s legal powers and obligations.

• Marginal note:Menu of additional safeguards

  (2) The menu of additional safeguards must

  • (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;

  • (b) allow the rapid selection of additional safeguards by activity type or location; and

  • (c) indicate the persons and organizations responsible for implementing each additional safeguard.

• Marginal note:Activity types

  (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include

  • (a) access controls;

  • (b) monitoring and patrolling;

  • (c) communications; and

  • (d) other operational controls.

• Marginal note:Locations

  (4) For the purposes of paragraphs (2)(a) and (b), the locations must include

  • (a) public areas of the aerodrome;

  • (b) areas of the aerodrome that are not public areas but are not restricted areas; and

  • (c) restricted areas.

Marginal note:Requirement to consult

203 The operator of an aerodrome must consult its multi-agency advisory committee when the operator

• (a) establishes its strategic airport security plan; and

• (b) amends its strategic airport security plan under subsection 205.2(1).

Marginal note:Requirement to submit

204 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.

Marginal note:Requirement to implement

205 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.

Marginal note:Approval of plan

205.1 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if

• (a) the plan meets the requirements of section 202;

• (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;

• (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

• (d) the risk-management strategy is in proportion to the risks it addresses;

• (e) the operator has considered the advice of its multi-agency advisory committee;

• (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome;

• (g) the additional safeguards can be implemented rapidly and consistently;

• (h) the additional safeguards are consistent with existing rights and freedoms; and

• (i) the plan can be implemented without compromising aviation security.

Marginal note:Amendments

• 205.2 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if

  • (a) the plan does not reflect the operator’s most recent airport security risk assessment;

  • (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk;

  • (c) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;

  • (d) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment;

  • (e) the operator identifies a deficiency in the plan; or

  • (f) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.

• Marginal note:Documentation

  (2) If the operator of the aerodrome amends its strategic airport security plan, the operator must document

  • (a) the reason for the amendment; and

  • (b) the factors that were taken into consideration in making that amendment.

• Marginal note:Submission of amendment

  (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.

• Marginal note:Approval

  (4) The Minister must approve an amendment if

  • (a) in the case of an amendment to the summary required under paragraph 202(1)(a), the conditions set out in paragraphs 205.1(a) to (c) have been met;

  • (b) in the case of an amendment to the risk-management strategy required under paragraph 202(1)(b), the conditions set out in paragraphs 205.1(a) to (f) and (i) have been met; and

  • (c) in the case of an amendment to the menu of additional safeguards required under paragraph 202(1)(c), the conditions set out in paragraphs 205.1(a), (b) and (f) to (i) have been met.

• Marginal note:Implementation

  (5) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.

Emergency Plans

Marginal note:Plan requirements

• 206 (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

  • (a) bomb threats;

  • (b) hijackings of aircraft; and

  • (c) other acts of unlawful interference with civil aviation.

• Marginal note:Response procedures

  (2) The response procedures must

  • (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;

  • (b) include detailed procedures for the evacuation of air terminal buildings;

  • (c) include detailed procedures for the search of air terminal buildings;

  • (d) include detailed procedures for the handling and disposal of a suspected bomb; and

  • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Security Exercises

Marginal note:Operations-based security exercise

• 207 (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

  • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

• Marginal note:Equivalency

  (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

Marginal note:Discussion-based security exercise

• 208 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

  • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

• Marginal note:Exception

  (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.

Marginal note:Notice

209 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.

Records

Marginal note:Additional safeguards

• 210 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes

  • (a) a description of the additional safeguards that were implemented;

  • (b) an evaluation of the effectiveness of those additional safeguards; and

  • (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.

• Marginal note:Emergencies

  (2) Each time an emergency referred to in subsection 206(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes

  • (a) a description of the emergency;

  • (b) an evaluation of the effectiveness of the operator’s emergency plan; and

  • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

• Marginal note:Exercises

  (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes

  • (a) an outline of the exercise scenario;

  • (b) an evaluation of the effectiveness of the exercise; and

  • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

Corrective Actions

Marginal note:Corrective actions

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

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

• (b) is identified by the operator.

Marginal note:Corrective action plan

212 If a corrective action to be taken by the operator of an aerodrome under section 211 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out

• (a) the nature of the vulnerability 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.

Disclosure of Information

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.

DIVISION 10Reserved

[214 to 223 reserved]

DIVISION 11Primary Security Line Partners

Overview

Marginal note:Division overview

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

Security Official

Marginal note:Interpretation

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

• (a) coordinating and overseeing compliance with 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 compliance with the regulatory requirements that apply to the partner under this Part.

Marginal note:One security official at all times

• 226 (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.

Support for Airport Security Programs

Marginal note:Requirements

227 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 and contractor 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 and contractors 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 and contractors 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;

• (f) establish, implement and document a process for receiving, retaining, disclosing and disposing of sensitive information respecting aerodrome security in order to protect the information from unauthorized access; and

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

[228 to 230 reserved]

Provision of Information

Marginal note:Provision of information 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 this Division 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.

[232 and 233 reserved]

Corrective Actions

Marginal note:Corrective actions

• 234 (1) Subject to section 235, a primary security line partner must immediately take corrective actions to address a vulnerability that contributes to an aerodrome-related security risk and that

  • (a) is identified to the partner by the Minister;

  • (b) is identified to the partner by the operator of the aerodrome where the partner carries out operations; or

  • (c) is identified by the partner.

• Marginal note:Notification

  (2) If a primary security line partner takes corrective actions at an aerodrome, the primary security line partner must immediately notify the operator of the aerodrome.

Marginal note:Corrective action plan

235 If a corrective action to be taken by a primary security line partner under section 234 involves a phased approach, the primary security line partner must provide the Minister and the operator of the aerodrome with a corrective action plan that sets out

• (a) the nature of the vulnerability 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.

Disclosure of Information

Marginal note:Prohibition

235.1 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.

DIVISION 12Other Aerodrome Operations

Overview

Marginal note:Division overview

236 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

Construction Plans

Marginal note:Requirement to notify Minister

• 237 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.

• Marginal note:Notice requirements

  (2) The notice must

  • (a) be in writing;

  • (b) state the date on which the construction will begin or the change will be made; and

  • (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.

238 [Repealed, SOR/2019-183, s. 13]

[239 to 245 reserved]

PART 5Class 2 Aerodromes

Overview

Marginal note:Part overview

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

Application

Marginal note:Application

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

DIVISION 1Prohibited Items

Overview

Marginal note:Division overview

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

Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

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.

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

• 250 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

• Marginal note:Exception — liquids, aerosols and gels

  (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.

• Marginal note:Exception — knives

  (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.

[251 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

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

Threat Response

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 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 threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

255 The operator of an aerodrome who determines that there is a 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 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 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.

Information Reporting

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 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.

DIVISION 3AVSEC Levels

Overview

Marginal note:Division overview

260 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

AVSEC Level Requirements

Marginal note:Additional safeguards

261 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:

• (a) determine which additional safeguards are likely to mitigate the heightened risk condition;

• (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;

• (c) implement or continue to implement the additional safeguards; and

• (d) notify the Minister of the additional safeguards that are being or will be implemented.

Marginal note:Notification

262 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 261(b).

Marginal note:Legal powers and obligations

263 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

[264 and 265 reserved]

DIVISION 4Personnel and Training

Overview

Marginal note:Division overview

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

[267 and 268 reserved]

Security Official

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.

Aerodrome Security Personnel

Marginal note:Initial training

• 271 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

• Marginal note:Training elements

  (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

  • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;

  • (b) the security controls and procedures at the aerodrome where the personnel are employed;

  • (c) systems and equipment at the aerodrome;

  • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;

  • (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and

  • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

• Marginal note:Grandfathering

  (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

Marginal note:Follow-up training

• 272 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

  • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

  • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

  • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and

  • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

• Marginal note:Follow-up training

  (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.

• Marginal note:Training elements

  (3) Follow-up training must include

  • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and

  • (b) instruction and evaluation in relation to that circumstance.

Marginal note:On-the-job training

273 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1 or 2.

Marginal note:Training records

• 274 (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 271 or 272, there is a training record that includes

  • (a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities;

  • (b) a description of all the training that the individual has received in accordance with section 271 or 272; and

  • (c) evaluation results for all the training that the individual has received in accordance with section 271 or 272.

• Marginal note:Record keeping

  (2) The operator of the aerodrome must keep the training record for at least two years.

• Marginal note:Ministerial access

  (3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.

[275 reserved]

DIVISION 5Facilitation of Screening

Overview

Marginal note:Division overview

276 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.

Screening of Passengers

Marginal note:Passenger screening facilities

277 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.

Marginal note:False declaration notice

• 278 (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to 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 who is 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:Official languages

  (2) The notice must be clearly visible and be in at least both official languages.

Screening of Non-passengers

Marginal note:Non-passenger screening facilities

279 The operator of an aerodrome must make facilities available for non-passenger screening checkpoints at restricted area access points and at locations inside restricted areas.

Marginal note:Non-passenger access to restricted areas

279.1 The operator of an aerodrome must, in accordance with a security measure, ensure that non-passengers enter a restricted area at the aerodrome only through a restricted area access point where screening is carried out.

Marginal note:Notice — liquids, aerosols or gels

280 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas.

Screening of Checked Baggage

Marginal note:Checked baggage screening facilities

281 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.

Baggage Handling Systems

Marginal note:No change without agreement

282 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA.

DIVISION 6Access Controls

Overview

Marginal note:Division overview

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

Signs

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.

Restricted Area Access Points

Marginal note:Access control system

285 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:

• (a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area;

• (b) manual locking equipment; and

• (c) automated access control equipment.

Marginal note:Passenger loading bridge

286 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked.

Marginal note:Prohibition

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

Baggage Handling Systems

Marginal note:Prevention of unauthorized access

288 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.

Doors, Gates, Emergency Exits and Other Devices

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.

Unauthorized Access

Marginal note:Prohibition

• 295 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

• Marginal note:Restricted areas

  (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.

• Marginal note:Non-public areas other than restricted areas

  (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

• Marginal note:Non-public areas other than restricted areas

  (4) 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 but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Inspectors

Marginal note:Requirement to allow access

296 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.

DIVISION 7Documents of Entitlement

Marginal note:Division overview

297 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity card are set out in Division 8.

Marginal note:List of documents

• 298 (1) Only the following documents are documents of entitlement at an aerodrome:

  • (a) a restricted area identity card;

  • (b) a temporary pass issued by the operator of the aerodrome;

  • (c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;

  • (d) a passenger escort form that is approved by the operator of the aerodrome;

  • (e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and

  • (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

• Marginal note:Pilot’s licence

  (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

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

  • (b) requires access to an aircraft that they own or operate.

DIVISION 8Enhanced Access Controls

Overview

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.

Identity Verification System

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.

Information To Be Displayed on a Restricted Area Identity Card

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) [Repealed, SOR/2022-92, s. 19]

  • (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) [Repealed, SOR/2022-92, s. 19]

  • (i) [Repealed, SOR/2022-92, s. 19]

• Marginal note:Expiration date

  (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, 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.

• (3) [Repealed, SOR/2022-92, s. 19]

• 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.

Issuance of Restricted Area Identity Cards

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.

Deactivation of Restricted Area Identity Cards

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:Reason for deactivation

  (1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.

• 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:Destruction of cards

  (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

Keys, Combination Codes and Personal Identification Codes

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.

Records

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;

  • (j) compliance with section 307; and

  • (k) restricted area identity cards that have been destroyed.

• 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.

Restricted Area Access Control Process

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.

Control of Access to Restricted Areas

Marginal note:Unauthorized access prohibition

321 A person must not enter or remain in a restricted area 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 of entitlement, other than a restricted area identity card, for 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 (1) 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:Display of temporary passes

  (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass 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 of entitlement, other than a restricted area identity card, for the restricted area.

Business Continuity Plans

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 implement its business continuity plan and immediately 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.

Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes

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.

330 [Repealed, SOR/2014-153, s. 26]

Presentation and Surrender of Restricted Area Identity Cards

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).

Escort and Surveillance

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.

Inspectors

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.

DIVISION 9Airport Security Programs

Overview

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 required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

Interpretation

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.

Airport Security Program Requirements

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 an 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 is intended to minimize 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 risk information and disseminate it 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 the information from unauthorized access;

  • (i) identify sensitive information respecting aviation security and 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) have 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:Other program requirements

  (3) The following also form part of the airport security program:

  • (a) the security official referred to in section 270;

  • (b) the aerodrome security personnel training referred to in sections 271 and 272;

  • (c) the security committee or other working group or forum referred to in section 350;

  • (d) if applicable, the multi-agency advisory committee referred to in section 353;

  • (e) if applicable, the airport security risk assessment referred to in section 354;

  • (f) if applicable, the strategic airport security plan referred to in section 359;

  • (g) the menu of additional safeguards referred to in section 365;

  • (h) the emergency plan referred to in section 367; and

  • (i) the security exercises referred to in sections 368 and 369.

Marginal note:Documentation

• 348 (1) The operator of an aerodrome must

  • (a) keep documentation related to its menu of additional safeguards and any amendment to it for at least five years;

  • (b) if applicable, keep documentation related to its airport security risk assessment and any review of it for at least five years;

  • (c) if applicable, keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and

  • (d) keep all other 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 the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program.

Security Committee

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 necessary 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 necessary 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 manage 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 and decisions of the security committee or other working group or forum.

Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans

Marginal note:Application

• 351 (1) Subject to section 352, sections 353 to 364 apply to the operator of an aerodrome if

  • (a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome; or

  • (b) the Minister makes an order stating that sections 353 to 364 apply to the operator.

• Marginal note:Minister’s authority

  (2) The Minister is authorized to make orders stating that sections 353 to 364 apply to operators of aerodromes listed in Schedule 2.

Marginal note:Transition

• 352 (1) Sections 353 and 356 do not apply to the operator of an aerodrome until the day that is six months after the earlier of

  • (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and

  • (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.

• Marginal note:Transition

  (2) Sections 354 and 355 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of

  • (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and

  • (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.

• Marginal note:Transition

  (3) Sections 359 and 361 do not apply to the operator of an aerodrome until the day that is 22 months after the earlier of

  • (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the International Civil Aviation Organization (ICAO) location indicator of the aerodrome comes into force, and

  • (b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.

Marginal note:Multi-agency advisory committee

• 353 (1) The operator of an aerodrome must have a multi-agency advisory committee.

• Marginal note:Membership

  (2) The operator of the aerodrome must invite at least the following persons and organizations to be members of the multi-agency advisory committee:

  • (a) the Department of Transport;

  • (b) CATSA;

  • (c) the police service with jurisdiction at the aerodrome;

  • (d) the Royal Canadian Mounted Police;

  • (e) the Canadian Security Intelligence Service; and

  • (f) the Canada Border Services Agency.

• Marginal note:Terms of reference

  (3) The operator of the aerodrome must manage the multi-agency advisory committee in accordance with written terms of reference.

• Marginal note:Objectives

  (4) The objectives of the multi-agency advisory committee are

  • (a) to advise the operator of the aerodrome on its airport security risk assessment and its strategic airport security plan; and

  • (b) to promote the sharing of sensitive information respecting aviation security at the aerodrome.

• Marginal note:Records

  (5) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee.

Marginal note:Airport security risk assessments

354 The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements:

• (a) a threat assessment that evaluates the probability that aviation security incidents will occur at the aerodrome;

• (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation;

• (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and

• (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of

  • (i) a decrease in public safety and security,

  • (ii) financial and economic loss, and

  • (iii) a loss of public confidence.

Marginal note:Submission for approval

355 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval.

Marginal note:Requirement to consult

356 The operator of an aerodrome must consult its multi-agency advisory committee when the operator is

• (a) preparing its airport security risk assessment for submission to the Minister for approval; and

• (b) conducting a review of its airport security risk assessment.

Marginal note:Airport security risk assessment — annual review

• 357 (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year.

• Marginal note:Airport security risk assessment — other reviews

  (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if

  • (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security;

  • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;

  • (c) an environmental or operational change at the aerodrome could affect aerodrome security;

  • (d) a change in regulatory requirements could affect aerodrome security;

  • (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or

  • (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk.

• Marginal note:Equivalency

  (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

• Marginal note:Documentation

  (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document

  • (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy;

  • (b) the reasons for that decision; and

  • (c) the factors that were taken into consideration in making that decision.

• Marginal note:Notification

  (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment

  • (a) to include a new medium to high risk; or

  • (b) to raise or lower the level of a risk within the medium to high range.

Marginal note:Approval

358 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

• (a) the assessment meets the requirements of section 354;

• (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;

• (c) the operator has considered risk information provided by its multi-agency advisory committee;

• (d) the operator has considered all available and relevant information; and

• (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

Marginal note:Strategic airport security plans

359 The operator of an aerodrome must establish a strategic airport security plan that

• (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and

• (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment.

Marginal note:Requirement to consult

360 The operator of an aerodrome must consult its multi-agency advisory committee when the operator

• (a) establishes its strategic airport security plan; and

• (b) amends its strategic airport security plan under subsection 364(1).

Marginal note:Requirement to submit

361 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.

Marginal note:Requirement to implement

362 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.

Marginal note:Approval of plan

363 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if

• (a) the plan meets the requirements of section 359;

• (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;

• (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

• (d) the risk-management strategy is in proportion to the risks it addresses;

• (e) the operator has considered the advice of its multi-agency advisory committee;

• (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and

• (g) the plan can be implemented without compromising aviation security.

Marginal note:Amendments

• 364 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if

  • (a) the plan does not reflect the operator’s airport security risk assessment;

  • (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk;

  • (c) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or

  • (d) the operator identifies a deficiency in the plan.

• Marginal note:Documentation — risk-management strategy

  (2) If the operator of the aerodrome amends its risk-management strategy, the operator must document

  • (a) the reason for the amendment; and

  • (b) the factors that were taken into consideration in making that amendment.

• Marginal note:Documentation — strategic airport security plan

  (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document

  • (a) the reason for the amendment; and

  • (b) the factors that were taken into consideration in making that amendment.

• Marginal note:Submission of amendment

  (4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.

• Marginal note:Approval

  (5) The Minister must approve an amendment if

  • (a) in the case of an amendment to the summary required under paragraph 359(a), the conditions set out in paragraphs 363(a) to (c) have been met; and

  • (b) in the case of an amendment to the risk-management strategy required under paragraph 359(b), the conditions set out in section 363 have been met.

• Marginal note:Implementation

  (6) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.

Menu of Additional Safeguards

Marginal note:Requirement to establish

• 365 (1) The operator of an aerodrome must establish a menu of additional safeguards that are

  • (a) intended to mitigate heightened risk conditions in a graduated manner; and

  • (b) consistent with the operator’s legal powers and obligations.

• Marginal note:Menu requirements

  (2) The menu of additional safeguards must

  • (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;

  • (b) allow the rapid selection of additional safeguards by activity type or location; and

  • (c) indicate the persons and organizations responsible for implementing each additional safeguard.

• Marginal note:Activity types

  (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include

  • (a) access controls;

  • (b) monitoring and patrolling;

  • (c) communications; and

  • (d) other operational controls.

• Marginal note:Locations

  (4) For the purposes of paragraphs (2)(a) and (b), the locations must include

  • (a) public areas of the aerodrome;

  • (b) areas of the aerodrome that are not public areas but are not restricted areas; and

  • (c) restricted areas.

Marginal note:Requirement to submit

366 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval.

Marginal note:Approval

366.1 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if

• (a) the menu meets the requirements of section 365;

• (b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security;

• (c) the additional safeguards can be implemented rapidly and consistently;

• (d) the additional safeguards are consistent with existing rights and freedoms; and

• (e) the additional safeguards can be implemented without compromising aviation security.

Marginal note:Amendments

• 366.2 (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if

  • (a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;

  • (b) the operator identifies a deficiency in the menu; or

  • (c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.

• Marginal note:Requirement to consult

  (2) If applicable, the operator of the aerodrome must consult its multi-agency advisory committee when amending its menu of additional safeguards.

• Marginal note:Submission of amendment

  (3) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval.

• Marginal note:Approval

  (4) The Minister must approve the amendment if the conditions set out in section 366.1 continue to be met.

Emergency Plans

Marginal note:Plan requirements

• 367 (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

  • (a) bomb threats;

  • (b) hijackings of aircraft; and

  • (c) other acts of unlawful interference with civil aviation.

• Marginal note:Response procedures

  (2) The response procedures must

  • (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;

  • (b) include detailed procedures for the evacuation of air terminal buildings;

  • (c) include detailed procedures for the search of air terminal buildings;

  • (d) include detailed procedures for the handling and disposal of a suspected bomb; and

  • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Security Exercises

Marginal note:Operations-based security exercise

• 368 (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

  • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

• Marginal note:Equivalency

  (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

Marginal note:Discussion-based security exercise

• 369 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

  • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

• Marginal note:Exception

  (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.