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

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.