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

Marginal note:Duties of other person

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

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

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

Marginal note:Threats identified by other person

513 If it is determined under paragraph 15(b), 510(b) or 512(b) that there is a 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

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

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

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

• (c) a threat against the aerodrome; and

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

Marginal note:Commercial air service information

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

DIVISION 3Emergency Planning

Application

Marginal note:Application

• 516 (1) This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve

  • (a) air carriers that conduct scheduled or non-scheduled services to or from an air terminal building at any of those aerodromes; or

  • (b) air carriers that conduct scheduled international services from any of those aerodromes.

• Marginal note:Application

  (2) This Division does not apply in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Emergency Plans and Security Exercises

Marginal note:Plan requirements

• 517 (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; and

  • (b) hijackings of aircraft.

• 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, if applicable, detailed procedures for the evacuation of air terminal buildings;

  • (c) include, if applicable, 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.

Marginal note:Discussion-based security exercise

518 The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that tests the effectiveness of the operator’s emergency plan in response to a bomb threat or a hijacking of an aircraft and involves the persons and organizations referred to in the plan.

Marginal note:Record of emergencies

• 519 (1) Each time an emergency referred to in subsection 517(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:Record of exercises

  (2) 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.

• Marginal note:Ministerial access

  (3) The operator of an aerodrome must make the records referred to in subsections (1) and (2) available to the Minister on reasonable notice given by the Minister.

[520 to 524 reserved]

PART 8Aircraft Security

Overview

Marginal note:Part overview

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

Weapons, Explosive Substances and Incendiary Devices

Marginal note:Weapons

• 526 (1) An air carrier must not allow a person who is on board an aircraft to carry or have access to a weapon unless the air carrier has authorized the person to do so under section 531, 533 or 533.1.

• Marginal note:Explosive substances and incendiary devices

  (2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device unless the air carrier has authorized the person to do so under section 533.1.

• Marginal note:Exception — border services officer

  (3) Subsections (1) and (2) do not apply when a border services officer who is acting in the course of their duties carries or has access to defensive equipment, an agency firearm or ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — US preclearance officer

  (4) Subsections (1) and (2) do not apply when a US preclearance officer who is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 carries or has access to defensive equipment, a US inspection agency firearm or US inspection agency ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — certain federal employees

  (5) Subsections (1) and (2) do not apply when a person described in item 22, column 1, of the table to subsection 78(2) who is acting in the course of their duties carries or has access to defensive equipment, a loaded agency firearm or ammunition on board an aircraft that is on the ground at an aerodrome.

Marginal note:Transport of loaded firearms

• 527 (1) An air carrier must not knowingly allow a person, other than a Canadian in-flight security officer who is acting in the course of their duties, to transport a loaded firearm on board an aircraft.

• Marginal note:Transport of explosive substances and incendiary devices

  (2) An air carrier must not knowingly allow a person to transport an explosive substance, other than ammunition, or an incendiary device on board an aircraft unless the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome where it is to be accepted by the air carrier for transportation.

Marginal note:Transport of unloaded firearms

528 An air carrier must not knowingly allow a person to transport an unloaded firearm on board an aircraft unless the person has declared to the air carrier that the firearm is unloaded.

Marginal note:Storage of unloaded firearms

529 An air carrier that transports an unloaded firearm on board an aircraft must store the firearm so that it is not accessible to any person on board the aircraft other than crew members.

Marginal note:Prohibition — alcoholic beverages

530 An air carrier must not provide a person who carries or has access to a firearm on board an aircraft with any alcoholic beverage.

Marginal note:Authorizations for peace officers

531 An air carrier may authorize a peace officer to carry or have access to an unloaded firearm on board an aircraft if

• (a) the peace officer, while acting in the course of their duties, requires access to the firearm immediately before, during or immediately after the flight;

• (b) the peace officer informs the air carrier, at least two hours before the aircraft leaves the aerodrome or, in an emergency, as soon as feasible before the departure of the flight, that a firearm will be on board;

• (c) the peace officer shows a representative of the air carrier identification, issued by the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

• (d) the peace officer completes the form used by the air carrier to authorize the carriage of a firearm on board an aircraft;

• (e) the air carrier verifies the identification referred to in paragraph (c)

  • (i) before the peace officer enters a restricted area from which the officer may board the aircraft, or

  • (ii) before the peace officer boards the aircraft, if the aerodrome does not have a restricted area from which the officer may board the aircraft; and

• (f) the air carrier provides the peace officer with the original or a copy of the completed form referred to in paragraph (d).

Marginal note:Requirement to inform

• 532 (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier must, before the departure of the flight,

  • (a) inform the pilot-in-command of the aircraft by means of the original or a copy of the completed form referred to in paragraph 531(d); and

  • (b) subject to subsection (2), inform the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft.

• Marginal note:Undercover operations

  (2) If a peace officer who is carrying or has access to a firearm on board an aircraft is engaged in an undercover operation and requests that the air carrier not reveal the officer’s presence to any person on board the aircraft other than the pilot-in-command, the air carrier must comply with that request.

Marginal note:Unloaded firearm authorizations — air carriers

• 533 (1) An air carrier may authorize the following persons to carry or have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes:

  • (a) the pilot-in-command of the aircraft; and

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

• Marginal note:Unloaded firearm authorizations — other operators

  (2) An operator of an aircraft, other than an air carrier, may authorize the pilot-in-command of the aircraft to carry or have access to an unloaded firearm and ammunition on board the aircraft if the firearm and ammunition are necessary for survival purposes.

Marginal note:Authorization for certain federal employees

533.1 An operator of an aircraft may authorize a person described in item 22, column 1, of the table to subsection 78(2) to carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft if

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

• (b) the person shows a representative of the operator of the aircraft a certificate of designation evidencing the designation described in column 1 of that table;

• (c) in advance of the flight, the operator of the aircraft receives from the department or agency employing the person information regarding the activities to be carried out on board the aircraft;

• (d) the operator of the aircraft verifies that the aircraft is equipped so that the flight can be conducted safely, taking into account the activities referred to in paragraph (c); and

• (e) the operator of the aircraft verifies that no other passengers are on board the aircraft other than

  • (i) a person described in item 22, column 1, of that table,

  • (ii) an employee of a federal or provincial department or agency, other than a person described in item 22, column 1, of that table, who is acting in the course of their duties,

  • (iii) a police officer or police constable, or

  • (iv) a person detained under the authority of a person described in item 22, column 1, of that table.

Persons in the Custody of an Escort Officer

Definition of organization responsible for the person in custody

• 534 (1) In this section, organization responsible for the person in custody does not include a person or an organization that provides escort officer services under a contract for remuneration.

• Marginal note:Air carrier conditions

  (2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless

  • (a) the organization responsible for the person in custody has provided the air carrier with a written confirmation that the organization has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the travelling public and the operations of the air carrier and aerodrome;

  • (b) the air carrier and the organization responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number must be at least

    • (i) two escort officers to escort each person who is a maximum risk,

    • (ii) one escort officer to escort each person who is a medium risk, and

    • (iii) one escort officer to escort not more than two persons who are a minimum risk;

  • (c) the person in custody is escorted by the agreed number of escort officers;

  • (d) the organization responsible for the person in custody has given a written notice to the air carrier at least two hours or, in an emergency, as soon as feasible before the departure of the flight, stating

    • (i) the identity of each escort officer and the person in custody and the reasons why the person requires an escort,

    • (ii) the level of risk that the person in custody represents to the safety of the public, and

    • (iii) the flight on which the person in custody will be transported;

  • (e) each escort officer shows a representative of the air carrier identification, issued by the organization responsible for the person in custody or the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

  • (f) an escort officer completes the form used by the air carrier to authorize the transportation of a person in custody; and

  • (g) the air carrier verifies the identification referred to in paragraph (e)

    • (i) before the escort officer enters a restricted area from which the escort officer may board the aircraft, or

    • (ii) before the escort officer boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft.

• Marginal note:Escort officer conditions

  (3) An escort officer must not escort a person in custody on board an aircraft unless the escort officer

  • (a) provides the operator of the aerodrome with a copy of the written notice referred to in paragraph (2)(d) at least two hours or, in an emergency, as soon as feasible before the departure of the flight; and

  • (b) shows a representative of the air carrier the identification referred to in paragraph (2)(e).

• Marginal note:Transport of more than one person in custody

  (4) An air carrier that transports a person in custody who is a maximum risk to the public must not transport any other person in custody on board the aircraft.