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

Marginal note:Peace officer duties

• 535 (1) An escort officer who is a peace officer and who escorts a person in custody during a flight must

  • (a) remain with the person at all times;

  • (b) immediately before boarding the aircraft, search the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety;

  • (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and

  • (d) carry restraining devices that can be used to restrain the person, if necessary.

• Marginal note:Air carrier duties

  (2) If an escort officer who is not a peace officer escorts a person in custody, the air carrier must, immediately before the person boards the aircraft, cause the person and the person’s carry-on baggage to be screened for weapons or other items that could be used to jeopardize flight safety.

• Marginal note:Escort officer duties

  (3) An escort officer who is not a peace officer and who escorts a person in custody during a flight must

  • (a) remain with the person at all times;

  • (b) ensure that a screening of the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety is carried out

    • (i) before the escort officer and the person enter a restricted area from which they may board the aircraft, or

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

  • (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and

  • (d) carry restraining devices that can be used to restrain the person, if necessary.

Marginal note:Consumption of alcoholic beverages

536 A person in custody and the escort officer who is escorting the person must not consume any alcoholic beverage on board an aircraft.

Marginal note:Prohibition — alcoholic beverages

537 An air carrier must not provide a person in custody or an escort officer who is escorting the person on board an aircraft with any alcoholic beverage.

Marginal note:Seating of persons in custody

538 An air carrier must not allow a person in custody on board an aircraft to be seated next to an exit.

Threat Response and Information Reporting

Threat Response

Marginal note:Threat to aircraft — air carriers

• 539 (1) An air carrier that is made aware of a threat against an aircraft or a flight must immediately determine whether there is a threat that jeopardizes the security of the aircraft or flight.

• Marginal note:Threat to aircraft — other operators

  (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aircraft or a flight must immediately determine whether the threat jeopardizes the security of the aircraft or flight.

Marginal note:Threat to aircraft — air carriers

• 540 (1) An air carrier that determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

  • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat;

  • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and

  • (c) inspecting the aircraft and causing a screening of the passengers and goods on board the aircraft to be carried out, unless the inspection and screening are likely to jeopardize the safety of the passengers and crew members.

• Marginal note:Threat to aircraft — other operators

  (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

  • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat;

  • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and

  • (c) inspecting the aircraft and causing a search of the passengers and goods on board the aircraft to be carried out, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members.

• Marginal note:Aircraft on ground

  (3) If the aircraft is on the ground, the pilot-in-command must comply with any direction given by the operator of the aerodrome under paragraph (1)(b) or (2)(b) or by a member of the appropriate police service, unless complying with the direction is likely to jeopardize the safety of the passengers and crew members.

Marginal note:Threat to facility or aerodrome — air carriers

• 541 (1) An air carrier that is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

• Marginal note:Threat to facility or aerodrome — other operators

  (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately determine whether the threat jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Threat to facility or aerodrome — air carriers

• 542 (1) An air carrier that determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the nature of the threat.

• Marginal note:Threat to facility or aerodrome — other operators

  (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the threat.

Reporting of Security Incidents

Marginal note:Notification of Minister

• 543 (1) An air carrier must immediately notify the Minister when any of the following incidents occur:

  • (a) the hijacking or attempted hijacking of an aircraft;

  • (b) the discovery, on board an aircraft, of a weapon, other than a weapon permitted under subsections 79(2.1) to (2.4) or a weapon that the air carrier authorized under section 531, subsection 533(1) or section 533.1;

  • (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device in respect of which the air carrier was not notified in accordance with subsection 80(3), other than ammunition permitted under subsections 79(2.1) to (2.4) or ammunition that the air carrier authorized under section 533.1;

  • (d) an explosion on an aircraft, unless the explosion is known to be the result of an accident;

  • (e) a threat against an aircraft, flight, or part of an aerodrome or other aviation facility, that is under the air carrier’s control; and

  • (f) an aviation security incident that involves a peace officer in any part of an aerodrome that is under the air carrier’s control.

• Marginal note:Notification of operators of aerodromes

  (2) An air carrier must immediately notify the operator of an aerodrome when a weapon, other than a firearm permitted under subsection 78(2), is detected in any part of the aerodrome that is under the air carrier’s control.

Security Information

Marginal note:Provision to Minister

544 An air carrier must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including

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

• (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

Marginal note:Duty of service providers

545 A person who provides an air carrier with a service and a person who provides a service related to the transportation of accepted cargo or mail by air must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including

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

• (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

[546 to 616 reserved]

PART 9Reserved

[617 to 626 reserved]

PART 10Reserved

[627 to 667 reserved]

PART 11Cargo and Mail — Flights from Canada

DIVISION 1Cargo

Application

Marginal note:Application

• 668 (1) Section 669 applies to air carriers who transport cargo on a flight departing from an aerodrome located in Canada.

• (2) Sections 670 to 686 apply to the following members of the air cargo security program who screen cargo or store, tender or transport secure cargo:

  • (a) regulated agents;

  • (b) certified agents; and

  • (c) known consignors.

668.1 [Repealed, SOR/2024-203, s. 2]

Transporting and Tendering

Marginal note:Requirement to screen cargo

• 669 (1) Cargo that is to be transported by an air carrier on a flight must be screened by the air carrier for threat items in accordance with a security measure unless the cargo was tendered to the air carrier for transportation by air as secure cargo.

• Marginal note:Prohibition

  (2) An air carrier must not transport cargo on a flight if the cargo contains a threat item.

Marginal note:Tendering of secure cargo — regulated agents and certified agents

670 A regulated agent or certified agent must not tender cargo for transportation by air as secure cargo unless

• (a) the regulated agent

  • (i) has screened the cargo for threat items in accordance with a security measure,

  • (ii) has restricted access to the cargo in accordance with sections 675 to 677, and

  • (iii) has ensured that the cargo was not tampered with after it was screened for threat items; or

• (b) the regulated agent or certified agent has screened it in order to verify that

  • (i) the cargo was screened for threat items in accordance with a security measure,

  • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

  • (iii) the cargo was not tampered with after it was screened for threat items.

Marginal note:Tendering of secure cargo — known consignors

671 A known consignor must not tender cargo for transportation by air as secure cargo unless the known consignor

• (a) has screened the cargo for threat items in accordance with a security measure;

• (b) has restricted access to the cargo in accordance with sections 675 to 677; and

• (c) has ensured that the cargo was not tampered with after it was screened for threat items.

Marginal note:Cargo security information

• 672 (1) A regulated agent, certified agent or known consignor must not tender cargo for transportation by air as secure cargo unless the cargo is accompanied by the information referred to in subsection (2), (3) or (4), as applicable, in paper or electronic format.

• Marginal note:Tendering by regulated agents

  (2) If the cargo is tendered by a regulated agent referred to in paragraph 670(a), the information that accompanies the cargo must include

  • (a) in the case of non-consolidated cargo

    • (i) the air waybill number or the number of a similar control document,

    • (ii) the regulated agent’s name,

    • (iii) the regulated agent’s air cargo security program number,

    • (iv) the name of the original shipper of the cargo, and

    • (v) a declaration by one of the regulated agent’s authorized cargo representatives stating that

      • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

      • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered; and

  • (b) in the case of consolidated cargo

    • (i) the air waybill number or the number of a similar control document,

    • (ii) the regulated agent’s name,

    • (iii) the regulated agent’s air cargo security program number, and

    • (iv) a declaration by one of the regulated agent’s authorized cargo representatives stating that

      • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

      • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

• Marginal note:Tendering by regulated agents or certified agents

  (3) If the cargo is tendered by a regulated agent or certified agent referred to in paragraph 670(b), the information that accompanies the cargo must include

  • (a) in the case of non-consolidated cargo

    • (i) the information that accompanied the cargo when the cargo was accepted by the regulated agent or certified agent,

    • (ii) the air waybill number or the number of a similar control document, and

    • (iii) the regulated agent’s or certified agent’s name,

    • (iv) the regulated agent’s or certified agent’s air cargo security program number, and

    • (v) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

      • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered;

  • (b) in the case of consolidated cargo

    • (i) the air waybill number or the number of a similar control document,

    • (ii) the regulated agent’s or certified agent’s name,

    • (iii) the regulated agent’s or certified agent’s air cargo security program number, and

    • (iv) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

      • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

• Marginal note:Tendering by known consignors

  (4) If the cargo is tendered by a known consignor referred to in section 671, the information that accompanies the cargo must include

  • (a) the air waybill number or the number of a similar control document,

  • (b) the known consignor’s name,

  • (c) the known consignor’s air cargo security program number, and

  • (d) a declaration by one of the known consignor’s authorized cargo representatives stating that

    • (i) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

    • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

    • (iii) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.