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

Marginal note:Cargo screening request

• 742 (1) At the request of the Minister, an air carrier must screen the cargo for threat items in accordance with a security measure.

• Marginal note:Threat item

  (2) If the cargo contains a threat item, the air carrier must immediately establish control of the cargo and must remove any threat to aviation security.

• Marginal note:Screening information

  (3) After any screening carried out under subsection (1), the air carrier must provide the Minister with the following information before the flight’s departure from the last point of departure:

  • (a) the screening methods used;

  • (b) the date and time of the screening;

  • (c) the air waybill number;

  • (d) if the cargo contained a threat item, the action taken to remove the threat.

Marginal note:Prohibition

743 An air carrier must not transport cargo on a flight unless

• (a) the Minister has confirmed receipt of the information referred to in subsection 741(1) and, if applicable, subsection 741(2);

• (b) the Minister has confirmed that no further action is to be taken after the assessment of the additional information provided under subsection 741(3);

• (c) the Minister has not issued a “Do Not Load” notice in respect of the cargo; and

• (d) the Minister has confirmed that no further action is to be taken after the assessment of the information provided under subsection 742(3).

Marginal note:Information to Minister

744 An air carrier must provide the following information to the Minister as soon as feasible after a flight’s departure from the last point of departure and before its arrival in Canada:

• (a) the date of the flight;

• (b) the flight number;

• (c) the destination aerodrome;

• (d) the departure time;

• (e) a list of the air waybill numbers for the flight.

Marginal note:Contact person

745 An air carrier must provide to the Minister the name and contact information of the person who is acting as the principal contact between the air carrier and the Minister. The air carrier must ensure that the person is available at all times.

[746 to 764 reserved]

PART 13Ministerial Powers and Duties

Overview

Marginal note:Part overview

765 This Part sets out ministerial powers and duties that are not set out in any other part.

DIVISION 1Identity Verification System

Marginal note:Disclosure of information

766 The Minister is authorized to disclose to CATSA or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system referred to in section 56.

Marginal note:Deactivation request

• 767 (1) The Minister must ask CATSA to deactivate a restricted area identity card if

  • (a) the Minister is notified under section 156 or 312; or

  • (b) the security clearance of the person to whom the card has been issued is suspended or cancelled.

• Marginal note:Prohibition

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

[768 to 777 reserved]

DIVISION 2AVSEC Levels

Marginal note:Application

778 This Division applies in respect of aerodromes listed in Schedules 1 to 3, or any part of those aerodromes, and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Marginal note:Level 1

779 Unless it is raised, lowered or maintained in accordance with this Division, the AVSEC level for an aerodrome or any part of an aerodrome is level 1. At that level, normal operating conditions apply.

Marginal note:Level 2

780 The Minister must raise or lower to level 2 the AVSEC level for an aerodrome or any part of an aerodrome if

• (a) the Minister is made aware of a heightened risk condition related to an elevated risk; and

• (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

Marginal note:Level 3

781 The Minister must raise to level 3 the AVSEC level for an aerodrome or any part of an aerodrome if

• (a) the Minister is made aware of a heightened risk condition related to a critical or imminent risk; and

• (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

Marginal note:Requirement to lower level

782 The Minister must, as soon as a heightened risk condition no longer applies, lower to level 1 an AVSEC level that has been raised for an aerodrome or any part of an aerodrome.

Marginal note:Maintaining a level

783 The Minister is authorized to maintain an AVSEC level that has been raised for an aerodrome or any part of an aerodrome if the criteria for raising the AVSEC level continue to apply.

Marginal note:Notification

784 If the Minister raises, lowers or maintains the AVSEC level for an aerodrome or any part of an aerodrome, the Minister must immediately notify the operator of the aerodrome. The notice must

• (a) include information about the heightened risk condition; and

• (b) specify a date on which the AVSEC level is likely to return to level 1.

Marginal note:Multiple aerodromes

785 For greater certainty, nothing in this Division prohibits the Minister from raising, lowering or maintaining the AVSEC level for more than one aerodrome at a time.

[786 to 796 reserved]

PART 14Designated Provisions

Overview

Marginal note:Part overview

• 797 (1) This Part allows the enforcement, by means of administrative monetary penalties, of the provisions of these Regulations that are set out in Schedule 4 and the provisions of any security measure.

• Marginal note:Designated provisions of the Act

  (2) The Designated Provisions Regulations allow the enforcement, by means of administrative monetary penalties, of the provisions of the Act that are set out in Schedule 4 to those Regulations.

Designated Provisions

Marginal note:Designated provisions

• 798 (1) A provision set out in column 1 of Schedule 4 is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

• Marginal note:Maximum amounts

  (2) The amount set out in column 2 or column 3 of Schedule 4 is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1.

Marginal note:Designation of security measure provisions

• 799 (1) The provisions of a security measure are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

• Marginal note:Maximum amounts

  (2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

  • (a) $5,000, in the case of an individual; and

  • (b) $25,000, in the case of a corporation.

Notice of Contravention

Marginal note:Notice requirements

800 A notice referred to in subsection 7.7(1) of the Act must

• (a) be in writing;

• (b) set out the particulars of the alleged contravention;

• (c) state that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;

• (d) state that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;

• (e) state that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and

• (f) state that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

PART 15Transitional Provisions

Class 1 Aerodromes

Marginal note:Operators

• 801 (1) Sections 196 and 199 do not apply to the operator of an aerodrome until December 15, 2014.

• Marginal note:Operators

  (2) Sections 197 and 198 do not apply to the operator of an aerodrome until March 15, 2015.

• Marginal note:Operators

  (3) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

  • (a) sections 115 to 118; and

  • (b) paragraph  206(1)(c).

• Marginal note:Operators

  (4) Sections 202 and 204 do not apply to the operator of an aerodrome until February 15, 2016.

• Marginal note:Operators

  (5) The following provisions do not apply to the operator of an aerodrome until May 15, 2016:

  • (a) sections 97 and 98;

  • (b) section 205;

  • (c) paragraph 207(1)(b); and

  • (d) paragraph 208(1)(b).

Class 2 Aerodromes

Marginal note:Operators

• 802 (1) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

  • (a) sections 271 to 274; and

  • (b) paragraph 367(1)(c).

• Marginal note:Operators

  (2) Sections 365 and 366 do not apply to the operator of an aerodrome until April 15, 2016.

• Marginal note:Operators

  (3) The following provisions do not apply to the operator of an aerodrome until September 15, 2016:

  • (a) sections 261 and 262;

  • (b) paragraph 368(1)(b); and

  • (c) paragraph 369(1)(b).

Class 3 Aerodromes

Marginal note:Operators

• 803 (1) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

  • (a) sections 426 to 429; and

  • (b) paragraph 474(1)(c).

• Marginal note:Operators

  (2) Sections 472 and 473 do not apply to the operator of an aerodrome until September 15, 2016.

• Marginal note:Operators

  (3) The following provisions do not apply to the operator of an aerodrome until March 15, 2017:

  • (a) sections 416 and 417;

  • (b) paragraph 475(1)(b); and

  • (c) paragraph 476(1)(b).

804 [Repealed, SOR/2014-153, s. 44]

805 [Repealed, SOR/2014-153, s. 44]

806 [Repealed, SOR/2014-153, s. 44]

807 [Repealed, SOR/2014-153, s. 44]