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Canadian Aviation Security Regulations, 2012

Version of section 78 from 2022-12-21 to 2024-04-01:


Marginal note:Prohibition — carriage, transportation and access

  •  (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.

    table

    ItemColumn 1Column 2Column 3
    PersonPermitted GoodsConditions
    1any personan unloaded firearmthe 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
    2a peace officera weapon and ammunitionthe peace officer is acting in the course of their duties
    3the pilot-in-command of an aircraft that is operated by an air carrieran unloaded firearmthe pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1)
    4the pilot-in-command of an aircraft that is operated by a person other than an air carrieran unloaded firearm and ammunitionthe pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2)
    5an employee of a federal or provincial department or agency who is engaged in wildlife control, other than a person described in item 22, column 1an unloaded firearmthe 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)
    6a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearma firearm and ammunitionthe person is engaged in the protection of persons or property at the aerodrome
    7a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearma firearm and ammunitionthe person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome
    8any personan explosive substance or incendiary devicethe 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
    9any personan explosive substance or incendiary devicethe person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome
    10a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromedefensive equipmentthe border services officer is acting in the course of their duties
    11a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromean agency firearm and ammunitionthe 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
    12a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromean agency firearm and ammunitionthe 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

    13a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromean agency firearm and ammunitionthe 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
    14a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodromean agency firearm and ammunitionthe 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

    15a 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 ammunitionin 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
    16a border services officer who is not wearing a Canada Border Services Agency uniform and whose ordinary place of work is not an aerodromedefensive equipment, an agency firearm and ammunitionthe 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

    17a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromedefensive equipmentthe US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016
    18a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromea US inspection agency firearm and US inspection agency ammunitionthe 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
    19a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromea US inspection agency firearm and US inspection agency ammunitionthe 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

    20a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromea US inspection agency firearm and US inspection agency ammunitionthe 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
    21a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodromea US inspection agency firearm and US inspection agency ammunitionthe 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

    22any of the following persons:defensive equipment, a loaded agency firearm and ammunitionthe 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.

  • SOR/2022-268, s. 2

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