Canadian Aviation Security Regulations, 2012
SOR/2011-318AERONAUTICS ACT
Registration 2011-12-16
Canadian Aviation Security Regulations, 2012
P.C. 2011-1669 2011-12-15His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71Footnote a and 4.9Footnote b, paragraphs 7.6(1)(a)Footnote c and (b)Footnote c and section 7.7Footnote d of the Aeronautics ActFootnote e, hereby makes the annexed Canadian Aviation Security Regulations, 2012.
Return to footnote aS.C. 2004, c. 15, s. 5
Return to footnote bS.C. 1992, c. 4, s. 7
Return to footnote cS.C. 2004, c. 15, s. 18
Return to footnote dS.C. 2001, c. 29, s. 39
Return to footnote eR.S., c. A-2
Overview
Marginal note:Regulations overview
1 (1) These Regulations are the principal means of supplementing the legislative framework set out in sections 4.7 to 4.87 of the Act. They are designed to enhance preparedness for acts or attempted acts of unlawful interference with civil aviation and to facilitate the detection of, prevention of, response to and recovery from acts or attempted acts of unlawful interference with civil aviation.
Marginal note:Other instruments
(2) These Regulations are supplemented from time to time by other aviation security regulations and by security measures, interim orders, ministerial orders and emergency directions.
SOR/2014-153, s. 1.
Previous Version
Marginal note:Structure
2 These Regulations are divided into 14 parts:
(a) Part 1 deals with screening authorities and the screening of persons and goods at aerodromes;
(b) Part 2 deals with other air transport security functions of CATSA;
(c) Part 3 deals with weapons, explosive substances and incendiary devices;
(d) Part 4 deals with security at aerodromes listed in Schedule 1;
(e) Part 5 deals with security at aerodromes listed in Schedule 2;
(f) Part 6 deals with security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act;
(g) Part 7 deals with security at other aerodromes;
(h) Part 8 deals with aircraft security;
(i) Part 9 is reserved;
(j) Part 10 is reserved;
(k) Part 11 is reserved;
(l) Part 12 is reserved;
(m) Part 13 sets out ministerial powers and duties; and
(n) Part 14 sets out an administrative monetary penalty scheme for the contravention of certain provisions of these Regulations and the provisions of any security measure.
SOR/2015-196, s. 1.
Previous Version
Interpretation
Marginal note:Definitions
3 The following definitions apply in these Regulations.
accepted cargo
fret accepté
accepted cargo means any cargo in respect of which an air waybill or other similar control document is issued. (fret accepté)
Act
Loi
Act means the Aeronautics Act. (Loi)
aerodrome security personnel
personnel de sûreté de l’aérodrome
aerodrome security personnel means individuals who are employed by the operator of an aerodrome or by one of the operator’s contractors to prepare for, detect, prevent, respond to, and assist in the recovery from, acts or attempted acts of unlawful interference with civil aviation. (personnel de sûreté de l’aérodrome)
biometric template
modèle biométrique
biometric template means a template generated by algorithms that encode an identifiable physiological or behavioural characteristic of a person. (modèle biométrique)
carry-on baggage
bagages de cabine
carry-on baggage means any baggage and personal belongings to which a person has or will have access on board an aircraft. (bagages de cabine)
CATSA
ACSTA
CATSA means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act. (ACSTA)
checked baggage
bagages enregistrés
checked baggage means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation. (bagages enregistrés)
combination code
code d’accès
combination code means a series or combination of numbers, letters or other characters that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’accès)
crew member
membre d’équipage
crew member means a person assigned to duty on an aircraft during flight time by the operator of the aircraft. (membre d’équipage)
document of entitlement
document d’autorisation
document of entitlement means a document that serves as proof of authorization to enter a restricted area. (document d’autorisation)
escort officer
agent d’escorte
escort officer means
(a) a peace officer; and
(b) any person authorized by the federal government or a provincial government or any of their agencies to escort a person in custody on a flight. (agent d’escorte)
firearm
arme à feu
firearm has the same meaning as in section 2 of the Criminal Code. (arme à feu)
general list of prohibited items
liste générale des articles interdits
general list of prohibited items means Part 1 of TP 14628, which lists or describes goods that
(a) could pose a threat to aviation security;
(b) are prohibited as carry-on baggage by the governments of other countries; or
(c) are identified by the International Civil Aviation Organization as items that must never be carried in the cabin of an aircraft or taken into a restricted area. (liste générale des articles interdits)
incendiary device
engin incendiaire
incendiary device means an object, other than a match or pocket lighter, that is fabricated with combustible materials and is designed to inflict burn injuries on individuals or to cause fire damage to property. (engin incendiaire)
inspector
inspecteur
inspector means a person who is authorized by the Minister to carry out an inspection under subsection 8.7(1) of the Act. (inspecteur)
key
clé
key means a key, card or other device, including a functionality that can be added to a restricted area identity card, that is designed to allow access to a restricted area and that is issued to an individual by, or under the authority of, the operator of an aerodrome. (clé)
Minister
ministre
Minister means the Minister of Transport. (ministre)
non-passenger screening checkpoint
point de contrôle des non-passagers
non-passenger screening checkpoint means a restricted area access point or a location inside a restricted area where persons other than passengers are screened or can be screened. (point de contrôle des non-passagers)
operator of an aerodrome
exploitant d’un aérodrome
operator of an aerodrome means
(a) in the case of an aerodrome that is not an airport, the person in charge of the aerodrome, and includes an employee, an agent or a representative of the person in charge of the aerodrome;
(b) in the case of an airport, the holder of the Canadian aviation document issued in respect of the airport or the person in charge of the airport, and includes an employee, an agent or a representative of the holder of the Canadian aviation document; and
(c) in the case of an aerodrome or part of an aerodrome that is operated by the Minister of National Defence and used by an air carrier, the person in charge of commercial air service operations at the aerodrome. (exploitant d’un aérodrome)
operator of an aircraft
utilisateur d’un aéronef
operator of an aircraft means the person who has possession of the aircraft as owner, lessee or otherwise. (utilisateur d’un aéronef)
passenger screening checkpoint
point de contrôle des passagers
passenger screening checkpoint means a screening checkpoint that is intended primarily for the screening of departing passengers. (point de contrôle des passagers)
peace officer
agent de la paix
peace officer means
(a) a member of the Correctional Service of Canada who is designated as a peace officer under Part I of the Corrections and Conditional Release Act and any other officer or permanent employee of a prison, other than a penitentiary as defined in Part I of that Act;
(b) a member of the Royal Canadian Mounted Police, a police officer or a police constable;
(c) any person who is designated by the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or a provincial minister as a peace officer for the purpose of the preservation and maintenance of the public peace at an aerodrome;
(d) an officer who is enforcing any provision of the Immigration and Refugee Protection Act, or of any regulations, warrant, order or direction made under that Act, respecting the arrest, detention or removal from Canada of any person; and
(e) an officer or non-commissioned member of the Canadian Forces who is appointed as a member of the military police under regulations for the purposes of section 156 of the National Defence Act. (agent de la paix)
personal identification code
code d’identification personnel
personal identification code means a series or combination of numbers, letters or other characters that is chosen by a person or that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’identification personnel)
primary security line
première ligne de sûreté
primary security line means the boundary between a restricted area and a non-restricted area at an aerodrome. (première ligne de sûreté)
primary security line partner
partenaire de la première ligne de sûreté
primary security line partner means a business, organization or non-profit group — other than the operator of an aerodrome, CATSA, a government department or agency or the police service with jurisdiction at an aerodrome — that occupies an area that is on an aerodrome’s primary security line and that includes a restricted area access point. This definition includes, but is not limited to, a commercial lessee of the operator of an aerodrome. (partenaire de la première ligne de sûreté)
regulatory requirement
exigence réglementaire
regulatory requirement means a requirement of
(a) these Regulations;
(b) any other aviation security regulations;
(c) a security measure;
(d) an interim order; or
(e) a ministerial order. (exigence réglementaire)
restricted area
zone réglementée
restricted area means any part of an aerodrome that is designated as a restricted area by the operator of the aerodrome in accordance with a regulatory requirement. (zone réglementée)
restricted area access point
point d’accès aux zones réglementées
restricted area access point means an opening in a security barrier that allows access to a restricted area. (point d’accès aux zones réglementées)
restricted area identity card
carte d’identité de zone réglementée
restricted area identity card means a restricted area pass issued by or under the authority of the operator of an aerodrome listed in Schedule 1 or 2. (carte d’identité de zone réglementée)
restricted area pass
laissez-passer de zone réglementée
restricted area pass means a pass issued by or under the authority of the operator of an aerodrome to a person who requires ongoing access to restricted areas as part of the person’s employment. (laissez-passer de zone réglementée)
screening authority
administration de contrôle
screening authority means a person responsible for the screening of persons and goods. (administration de contrôle)
screening officer
agent de contrôle
screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
security barrier
enceinte de sûreté
security barrier means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area. (enceinte de sûreté)
security personnel
security personnel[Repealed, SOR/2014-153, s. 2]
sensitive information respecting aviation security
renseignements délicats relatifs à la sûreté aérienne
sensitive information respecting aviation security means information — including information respecting risks, threats, vulnerabilities, systems, equipment, controls and procedures as well as plans and technical drawings — that could be used to exploit or create a vulnerability or to facilitate an act or attempted act of unlawful interference with civil aviation. (renseignements délicats relatifs à la sûreté aérienne)
specific list of prohibited items
liste spécifique des articles interdits
specific list of prohibited items means Part 2 of TP 14628, which lists flights or classes of flights that require additional screening for reasons respecting elevated threat conditions or respecting the harmonization of screening rules and which lists or describes, for each flight or class of flight, goods that are supplemental to the goods listed or described in the general list of prohibited items. (liste spécifique des articles interdits)
sterile area
zone stérile
sterile area means a restricted area, including any passenger loading bridge attached to it, that is used to segregate the following persons from other persons at an aerodrome:
(a) passengers who have been screened;
(b) passengers who are exempted from screening in accordance with an aviation security regulation, a security measure, an emergency direction or an interim order; and
(c) other persons who are authorized to be in the area by the operator of the aerodrome. (zone stérile)
TP 14628
TP 14628
TP 14628 means the document entitled Prohibited Items List, published by the Department of Transport in March 2011, as amended from time to time. (TP 14628)
weapon
arme
weapon has the same meaning as in section 2 of the Criminal Code. (arme)
SOR/2012-48, s. 1;
SOR/2014-153, s. 2.
Previous Version
PART 1 Screening
Overview
Marginal note:Part overview
4 This Part sets out requirements for screening officers, screening authorities and persons who are subject to screening. This Part is also a supplement to section 4.85 of the Act, which sets out several prohibitions respecting screening.
Screening Officers
Marginal note:Requirements
5 (1) A screening officer must not screen persons or goods unless the screening officer
(a) is at least 18 years of age;
(b) is a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
(c) is able to communicate effectively both orally and in writing in one or both official languages;
(d) has a security clearance; and
(e) meets the minimum standards set out in the Designation Standards for Screening Officers, published by the Department of Transport in January 2004, as amended from time to time.
Marginal note:Supervision
(2) A screening authority must ensure that any person who acts or will act as a screening officer for it or on its behalf meets the requirements set out in subsection (1).
Official Languages
Marginal note:Official languages
6 At the airports that are listed in Schedule 1 and at all aerodromes where there is a significant demand for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations, a screening authority must
(a) carry out screening by means that allow effective communication with members of the public in the official language of their choice; and
(b) provide in both official languages any printed or pre-recorded material that is used in respect of screening.
Carriage of Weapons, Explosive Substances and Incendiary Devices During Screening
Marginal note:Prohibition
7 (1) Subject to subsection (2), a person must not present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to a weapon, an explosive substance or an incendiary device.
Marginal note:Exception
(2) A person who is permitted under subsection 78(2) to carry, transport or have access to a weapon, an explosive substance or an incendiary device may present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to that weapon, substance or device.
Marginal note:Notification of screening officers
8 (1) If a screening authority is notified by an air carrier that a peace officer will be carrying or will have access to a firearm on board an aircraft, the screening authority must notify all the screening officers with whom the peace officer will come into contact that the peace officer will be carrying or will have access to a firearm on board the aircraft.
Marginal note:Notification by peace officer
(2) If the peace officer is authorized by the air carrier under section 531, the peace officer must present the identification and the form referred to in that section to the screening officers.
SOR/2014-153, s. 3.
Previous Version
Identity Screening
Marginal note:Application
8.1 (1) Sections 8.2 to 8.5 apply in respect of some or all of the persons at a passenger screening checkpoint, at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act, if there is a heightened risk condition that can be mitigated by screening the identity of those persons at that checkpoint.
Marginal note:Notification
(2) A screening authority must notify the Minister before carrying out identity screening at a passenger screening checkpoint.
SOR/2012-48, s. 2;
SOR/2015-196, s. 2.
Previous Version
Definition of required identification
8.2 For the purposes of sections 8.3 and 8.4, required identification means
(a) one piece of government-issued photo identification that shows the holder’s name, date of birth and gender;
(b) two pieces of government-issued identification at least one of which shows the holder’s name, date of birth and gender; or
(c) a restricted area identity card.
SOR/2012-48, s. 2.
Marginal note:Identity screening
8.3 (1) A screening authority must not allow a person referred to in subsection 8.1(1) to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person by looking at the person, and in particular their entire face, to determine if they appear to be 18 years of age or older.
Marginal note:Identity screening
(2) A screening authority must not allow a person referred to in subsection 8.1(1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person
(a) by comparing the person, and in particular their entire face, against the required identification; and
(b) by comparing the name on the person’s document of entitlement with the name on the required identification.
Marginal note:Exception
(3) Paragraph (2)(b) does not apply in respect of a person who is acting in the course of their employment and uses a restricted area identity card as required identification.
SOR/2012-48, s. 2.
Marginal note:Lost or stolen identification
8.4 (1) If a person referred to in subsection 8.1(1) who appears to be 18 years of age or older presents documentation issued by a government or a police service and attesting to the loss or theft of the required identification, a screening authority must not allow the person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority
(a) screens the person’s identity using alternative forms of identification; and
(b) carries out an additional screening of the person, and of any goods in their possession or control, for goods listed or described in the general list of prohibited items.
Marginal note:Examples
(2) Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.
SOR/2012-48, s. 2.
Marginal note:Refusal of entry
8.5 (1) A screening authority must not allow a person referred to in subsection 8.1(1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area if
(a) the person presents a piece of photo identification and does not resemble the photograph;
(b) the person does not appear to be the age indicated by the date of birth on the identification they present;
(c) the person does not appear to be of the gender indicated on the identification they present;
(d) the person presents more than one form of identification and there is a major discrepancy between those forms of identification; or
(e) there is a major discrepancy between the name on the identification presented by the person and the name on their access document.
Marginal note:Medical exceptions
(2) Paragraph (1)(a) does not apply in respect of a person referred to in subsection 8.1(1) if
(a) the person’s appearance changed for medical reasons after the photograph was taken and the person presents the screening authority with a document signed by a health care professional and attesting to that fact; or
(b) the person’s face is bandaged for medical reasons and the person presents the screening authority with a document signed by a health care professional and attesting to that fact.
SOR/2012-48, s. 2.
Screening for Prohibited Items
Marginal note:Application
9 Sections 10 to 13 apply in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.
SOR/2015-196, s. 3.
Previous Version
Marginal note:Prohibited items
10 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a screening authority must not permit the person to pass beyond a screening checkpoint into a sterile area unless the screening authority ensures that the person is not in possession or control of any goods that
(a) are listed or described in the general list of prohibited items; or
(b) pose an immediate threat to aviation security.
Marginal note:Specific list
(2) If the sterile area is for passengers for a flight or class of flight that is listed in the specific list of prohibited items, the screening authority must not permit the person to pass beyond a screening checkpoint into the area unless the screening authority also ensures that the person is not in possession or control of any goods that are listed or described in that list for that flight or class of flight.
Marginal note:Weapons, explosive substances and incendiary devices
11 A screening authority may permit a person in possession or control of a weapon, an explosive substance or an incendiary device to pass beyond a screening checkpoint into a sterile area if the person is carrying or has access to the weapon, explosive substance or incendiary device in accordance with these Regulations, a security measure, an emergency direction or an interim order.
Marginal note:Medically necessary goods
12 A screening authority may permit a person in possession or control of goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the goods are medically necessary and the person declares them to the screening authority.
Marginal note:Medical kits
13 A screening authority may permit a health care professional in possession or control of a medical kit that contains goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the screening authority ensures that the kit does not include sharp or cutting instruments.
Circumventing Screening
Marginal note:Circumventing screening
14 If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or any goods in their possession or control to be screened, another person must not assist that person in circumventing the screening.
Threat Response
Marginal note:Threat response
15 A screening authority at an aerodrome 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 specific threat that jeopardizes the security of the aerodrome.
Reporting of Security Incidents
Marginal note:Items at checkpoint
16 (1) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if a weapon, an explosive substance or an incendiary device is detected at a restricted area access point or in any other part of the aerodrome where the screening of persons or goods is carried out.
Marginal note:Exception
(2) Subsection (1) does not apply in respect of a weapon, explosive substance or incendiary device that is permitted under subsection 78(2).
Marginal note:Items in checked baggage
(3) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if any of the following is detected in checked baggage:
(a) a loaded firearm;
(b) an explosive substance, other than ammunition; or
(c) an incendiary device.
Marginal note:Incidents
(4) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome and the Minister of any other aviation security incident that involves a peace officer at a restricted area access point or in any other part of the aerodrome where it carries out screening.
Security Information
Marginal note:Security information
17 A screening authority 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 its screening operations, including
(a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the screening authority; and
(b) a description of the nature of the screening operations related to a particular flight or aerodrome.
[18 to 54 reserved]
PART 2 Other Air Transport Security Functions of CATSA
Overview
Marginal note:Part overview
55 This Part sets out air transport security functions, other than screening, that are assigned to CATSA.
Identity Verification System
Marginal note:System requirements
56 (1) CATSA must implement and maintain an identity verification system that is able to automatically verify
(a) that a person in possession of a restricted area identity card is the person to whom the card has been issued; and
(b) that the restricted area identity card is active or has been deactivated.
Marginal note:Biometrics
(2) The verification referred to in paragraph (1)(a) must be carried out by an on-site comparison of the biometric data provided by the person and a biometric template stored on the restricted area identity card.
Marginal note:Database backup
57 CATSA must regularly back up any database that it uses as part of the identity verification system.
Marginal note:Disclosure of information
58 (1) CATSA is authorized to disclose to the Minister or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system.
Marginal note:Identity protection
(2) CATSA must not collect, use, disclose or retain the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued.
Marginal note:Biometric templates
59 (1) If a biometric template created from a fingerprint image or iris image collected from an applicant for a restricted area identity card is disclosed to CATSA by the operator of an aerodrome, CATSA must not use the biometric template for a purpose other than
(a) monitoring the quality of biometric templates; or
(b) determining if a restricted area identity card is already active in respect of the applicant.
Marginal note:Already active card
(2) CATSA must notify the Minister if it determines that a restricted area identity card is already active in respect of an applicant.
Marginal note:Destruction of templates
(3) CATSA must destroy any biometric template that is disclosed to it in connection with an application for a restricted area identity card as soon as feasible in accordance with the Access to Information Act, the Library and Archives of Canada Act, the Privacy Act and any regulations made under those Acts.
Marginal note:Protection of information
60 CATSA must take appropriate measures to protect information that is collected, used, retained or disclosed for the purposes of the identity verification system from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.
Marginal note:Activation of cards
61 CATSA must activate a restricted area identity card if the Minister informs CATSA that the applicant for the card has a security clearance and CATSA determines that no restricted area identity card is already active in respect of the applicant.
Marginal note:Deactivation of cards
62 CATSA must immediately deactivate a restricted area identity card if the Minister or the operator of an aerodrome asks CATSA to deactivate the card.
Marginal note:Business continuity plan
63 (1) CATSA must develop and maintain a business continuity plan that, at a minimum, sets out how CATSA will re-establish normal operations and meet the following objectives in the event that it is unable to use the identity verification system to meet those objectives:
(a) to receive security clearance information from the Minister;
(b) to activate and deactivate restricted area identity cards; and
(c) to allow the operator of an aerodrome to verify that a restricted area identity card is active or has been deactivated.
Marginal note:Implementation
(2) CATSA must immediately implement its business continuity plan and notify the Minister and any affected operator of an aerodrome if CATSA discovers that it is unable to use the identity verification system to meet the objectives set out in paragraphs (1)(a) to (c).
Marginal note:Delay notice
(3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if CATSA discovers that it will be unable, for more than 24 hours, to use the identity verification system to meet the objectives set out in paragraphs (1)(a) to (c).
Marginal note:Ministerial access
(4) CATSA must make its business continuity plan available to the Minister on reasonable notice given by the Minister.
Marginal note:Records
64 (1) CATSA must keep updated records respecting
(a) restricted area identity cards that have been activated;
(b) restricted area identity cards that have been deactivated;
(c) deactivated restricted area identity cards that have not been retrieved;
(d) restricted area identity cards that have been reported as lost or stolen;
(e) blank restricted area identity cards distributed to operators of aerodromes; and
(f) restricted area identity cards that have been destroyed by the operator of an aerodrome.
Marginal note:Provision of records to Minister
(2) CATSA must provide the Minister with the records on reasonable notice given by the Minister.
[65 to 75 reserved]
PART 3 Weapons, Explosive Substances and Incendiary Devices
Overview
Marginal note:Part overview
76 This Part sets out prohibitions respecting weapons, explosive substances and incendiary devices at aerodromes and on board aircraft. This Part also sets out exceptions to those prohibitions.
At Aerodromes
Marginal note:Prohibition — sale
77 A person must not sell or offer for sale any of the following goods in a restricted area:
(a) a weapon;
(b) a model or replica of a weapon;
(c) an explosive substance; and
(d) an incendiary device.
Marginal note:Prohibition — carriage, transportation and access
78 (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
Item
Column 1
Column 2
Column 3
Person
Permitted Goods
Conditions
1
any person
an unloaded firearm
the 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
2
a peace officer
a weapon and ammunition
the peace officer is acting in the course of their duties
3
the pilot-in-command of an aircraft that is operated by an air carrier
an unloaded firearm
the pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1)
4
the pilot-in-command of an aircraft that is operated by a person other than an air carrier
an unloaded firearm and ammunition
the pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2)
5
an employee of a federal or provincial department or agency who is engaged in wildlife control
an unloaded firearm
the 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)
6
a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm
a firearm and ammunition
the person is engaged in the protection of persons or property at the aerodrome
7
a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm
a firearm and ammunition
the person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome
8
any person
an explosive substance or incendiary device
the 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
9
any person
an explosive substance or incendiary device
the person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome
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.
On Board Aircraft
Marginal note:Weapons
79 (1) Subject to subsections (2.1) to (4), a person must not carry or have access to a weapon on board an aircraft.
Marginal note:Explosive substances and incendiary devices
(2) A person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.
Marginal note:Exception — air carrier flights
(2.1) A Canadian in-flight security officer who is acting in the course of their duties may carry or have access to a loaded firearm on board an aircraft operated by an air carrier.
Marginal note:Exception — air carrier flights
(3) The following persons may carry or have access to an unloaded firearm on board an aircraft operated by an air carrier:
(a) a peace officer who is authorized by the air carrier under section 531;
(b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 533(1); and
(c) an employee of a federal or provincial department or agency who is engaged in wildlife control and who is authorized by the air carrier under subsection 533(1).
Marginal note:Exception — other operators’ flights
(4) The pilot-in-command of an aircraft operated by a person other than an air carrier may carry or have access to an unloaded firearm and ammunition on board the aircraft if authorized by the operator of the aircraft under subsection 533(2).
Marginal note:Consumption of alcoholic beverages
(5) The following persons must not consume any alcoholic beverage if they are on board an aircraft and are carrying or have access to an unloaded firearm:
(a) a peace officer; and
(b) an employee of a federal or provincial department or agency who is engaged in wildlife control.
SOR/2014-153, s. 4.
Previous Version
Transport and Tendering for Transportation
Marginal note:General prohibitions
80 (1) Subject to subsection (3), a person must not transport any of the following goods on board an aircraft operated by an air carrier or tender them for transportation by an air carrier:
(a) a loaded firearm;
(b) an explosive substance other than ammunition; and
(c) an incendiary device.
Marginal note:Unloaded firearms
(2) A person must not tender an unloaded firearm to an air carrier for subsequent acceptance and transportation unless the person declares to the air carrier that the firearm is unloaded.
Marginal note:Exception
(3) A person may transport an explosive substance or an incendiary device on board an aircraft operated by an air carrier, or tender it for transportation by an air carrier, if the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome.
False Declarations
Marginal note:False declarations
81 A person at an aerodrome or on board an aircraft must not falsely declare
(a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or
(b) that another person at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.
PART 4 Class 1 Aerodromes
Overview
Marginal note:Part overview
82 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 1.
Application
Marginal note:Application
83 This Part applies in respect of aerodromes listed in Schedule 1.
DIVISION 1Prohibited Items
Overview
Marginal note:Division overview
84 This Division completes and supplements the regulatory framework set out in Part 3.
Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
Marginal note:Authorization
85 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if
(a) the explosive substance or incendiary device is to be used at the aerodrome
(i) for excavation, demolition or construction work,
(ii) in fireworks displays,
(iii) by persons operating explosives detection equipment or handling explosives detection dogs,
(iv) by a police service, or
(v) by military personnel; and
(b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.
Availability of Prohibited Items
Marginal note:Prohibition — sterile area
86 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.
Marginal note:Exception — liquids, aerosols and gels
(2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.
Marginal note:Exception — knives
(3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.
SOR/2012-48, s. 3.
[87 reserved]
DIVISION 2Threats and Incidents
Overview
Marginal note:Division overview
88 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.
Threat Response
Marginal note:Area under operator’s control
89 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Marginal note:Area under control of other person
90 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately
(a) notify the person of the nature of the threat; and
(b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.
Marginal note:Specific threats
91 The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security 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.
Marginal note:Duties of other person
92 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 specific threat that jeopardizes the security of the aerodrome.
Marginal note:Threats identified by other person
93 If it is determined under paragraph 15(b), 90(b) or 92(b) that there is a specific 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
94 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 specific 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
95 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 3AVSEC Levels
Overview
Marginal note:Division overview
96 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.
SOR/2014-153, s. 5.
AVSEC Level Requirements
Marginal note:Additional safeguards
97 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:
(a) determine which additional safeguards are likely to mitigate the heightened risk condition;
(b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;
(c) implement or continue to implement the additional safeguards; and
(d) notify the Minister of the additional safeguards that are being or will be implemented.
SOR/2014-153, s. 5.
Marginal note:Notification
98 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 97(b).
SOR/2014-153, s. 5.
Marginal note:Legal powers and obligations
99 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.
SOR/2014-153, s. 5.
[100 to 107 reserved]
DIVISION 4Personnel and Training
Overview
Marginal note:Division overview
108 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.
SOR/2014-153, s. 75.
Previous Version
[109 and 110 reserved]
Security Official
[SOR/2014-153, s. 6]
Marginal note:Interpretation
111 A security official of an aerodrome is an individual who is responsible for
(a) coordinating and overseeing security controls and procedures at the aerodrome; and
(b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.
Marginal note:Requirement
112 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.
Marginal note:Contact information
(2) The operator of the aerodrome must provide the Minister with
(a) the name of each security official and acting security official; and
(b) 24-hour contact information for those officials.
113 [Repealed, SOR/2014-153, s. 7]
Previous Version
114 [Repealed, SOR/2014-153, s. 7]
Previous Version
[113 and 114 reserved]
Aerodrome Security Personnel
Marginal note:Initial training
115 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.
Marginal note:Training elements
(2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:
(a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;
(b) the security controls and procedures at the aerodrome where the personnel are employed;
(c) systems and equipment at the aerodrome;
(d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;
(e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and
(f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.
Marginal note:Grandfathering
(3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.
SOR/2014-153, s. 8.
Marginal note:Follow-up training
116 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:
(a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
(b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
(c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and
(d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.
Marginal note:Follow-up training
(2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.
Marginal note:Training elements
(3) Follow-up training must include
(a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and
(b) instruction and evaluation in relation to that circumstance.
SOR/2014-153, s. 8.
Marginal note:On-the-job training
117 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1.
SOR/2014-153, s. 8.
Marginal note:Training records
118 (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 115 or 116, there is a training record that includes
(a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities;
(b) a description of all the training that the individual has received in accordance with section 115 or 116; and
(c) evaluation results for all the training that the individual has received in accordance with section 115 or 116.
Marginal note:Record keeping
(2) The operator of the aerodrome must keep the training record for at least two years.
Marginal note:Ministerial access
(3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.
SOR/2014-153, s. 8.
[119 reserved]
DIVISION 5Facilitation of Screening
Overview
Marginal note:Division overview
120 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.
SOR/2012-48, s. 4.
Screening of Passengers
Marginal note:Passenger screening facilities
121 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.
SOR/2012-48, s. 4;
SOR/2014-153, s. 9.
Previous Version
Marginal note:False declaration notice
122 (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare
(a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or
(b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.
Marginal note:Official languages
(2) The notice must be clearly visible and be in at least both official languages.
SOR/2012-48, s. 4;
SOR/2014-153, s. 9.
Previous Version
Screening of Non-passengers
Marginal note:Non-passenger screening facilities
123 The operator of an aerodrome must make facilities available for non-passenger screening checkpoints at restricted area access points and at locations inside restricted areas.
SOR/2012-48, s. 4.
Marginal note:Non-passenger access to restricted areas
123.1 The operator of an aerodrome must, in accordance with a security measure, ensure that non-passengers enter a restricted area at the aerodrome only through a restricted area access point where screening is carried out.
SOR/2014-161, s. 1.
Marginal note:Notice — liquids, aerosols or gels
124 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas.
SOR/2012-48, s. 4.
Screening of Checked Baggage
Marginal note:Checked baggage screening facilities
125 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.
SOR/2012-48, s. 4;
SOR/2014-153, s. 10.
Previous Version
Baggage Handling Systems
Marginal note:No change without agreement
126 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA.
SOR/2012-48, s. 4.
DIVISION 6Access Controls
Overview
Marginal note:Division overview
127 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.
Signs
Marginal note:Sign requirements
128 (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must
(a) be in at least both official languages;
(b) identify the restricted area as a restricted area; and
(c) state that access to the area is restricted to authorized persons.
Marginal note:Signs on security barriers
(2) The signs posted on a security barrier must be no more than 150 m apart.
Restricted Area Access Points
Marginal note:Access control system
129 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:
(a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area;
(b) manual locking equipment; and
(c) automated access control equipment.
SOR/2012-48, s. 5.
Marginal note:Passenger loading bridge
130 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked.
SOR/2012-48, s. 5.
Marginal note:Prohibition
131 A person must not enter a restricted area at an aerodrome except through a restricted area access point.
Baggage Handling Systems
Marginal note:Prevention of unauthorized access
132 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.
SOR/2012-48, s. 6.
Doors, Gates, Emergency Exits and Other Devices
Marginal note:Duty to close and lock — operators
133 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
(a) the operator has control of and responsibility for the door, gate or other device; and
(b) the door, gate or other device allows access between a restricted area and a non-restricted area.
Marginal note:Emergency exit system
(2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if
(a) the operator has control of and responsibility for the emergency exit; and
(b) the emergency exit allows access between a restricted area and a non-restricted area.
Marginal note:Duty to close and lock — partners and lessees
134 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
(a) the partner or lessee has control of and responsibility for the door, gate or other device; and
(b) the door, gate or other device allows access between a restricted area and a non-restricted area.
Marginal note:Emergency exit system
(2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if
(a) the partner has control of and responsibility for the emergency exit; and
(b) the emergency exit allows access between a restricted area and a non-restricted area.
Marginal note:Temporary use or control
135 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.
Marginal note:Uncontrolled restricted area access point
136 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must
(a) lock the door, gate or other device that allows access to or from the restricted area; and
(b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.
Marginal note:Preventing locking
137 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.
Marginal note:Emergency exits
138 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless
(a) the person is authorized by the operator of the aerodrome to open it; or
(b) there is an emergency.
Unauthorized Access
Marginal note:Prohibition
139 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.
Marginal note:Restricted areas
(2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.
Marginal note:Non-public areas other than restricted areas
(3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.
Marginal note:Non-public areas other than restricted areas
(4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.
SOR/2014-153, s. 11.
Previous Version
Inspectors
Marginal note:Requirement to allow access
140 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.
SOR/2012-48, s. 7.
DIVISION 7Documents of Entitlement
Marginal note:Division overview
141 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity cards are set out in Division 8.
SOR/2012-48, s. 8.
Marginal note:List of documents
142 (1) Only the following documents are documents of entitlement at an aerodrome:
(a) a restricted area identity card;
(b) a temporary pass issued by the operator of the aerodrome;
(c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;
(d) a passenger escort form that is approved by the operator of the aerodrome;
(e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and
(f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.
Marginal note:Pilot’s licence
(2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and
(a) is acting in the course of their employment; or
(b) requires access to an aircraft that they own or operate.
SOR/2012-48, s. 8;
SOR/2014-153, s. 12.
Previous Version
DIVISION 8Enhanced Access Controls
Overview
Marginal note:Division overview
143 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.
Identity Verification System
Marginal note:Disclosure of information
144 (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.
Marginal note:Identity protection
(2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.
Information to Be Displayed on a Restricted Area Identity Card
Marginal note:Required information
145 (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:
(a) the full name of the person to whom the card is issued;
(b) the person’s height;
(c) a photograph depicting a frontal view of the person’s face;
(d) the expiry date of the card;
(e) the name of the aerodrome where the card is issued;
(f) the name of the person’s employer, if the person has a single employer;
(g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer;
(h) the person’s occupation, if the person has a single occupation; and
(i) the terms “multi-occupation” and “emplois multiples”, if the person has more than one occupation.
Marginal note:Expiration date
(2) A restricted area identity card expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier.
Marginal note:Expiration date — multi-aerodrome card
(3) Despite subsection (2), a restricted area identity card that is issued to a person who requires access to restricted areas at more than one aerodrome, but who is not a crew member, expires no later than one year after the day on which it is issued or on the day on which the person’s security clearance expires, whichever is earlier.
Marginal note:Official languages
(4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.
Issuance of Restricted Area Identity Cards
Marginal note:Issuance criteria
146 (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person
(a) applies in writing;
(b) is sponsored in writing by their employer;
(c) has a security clearance;
(d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and
(e) confirms that the information displayed on the card is correct.
Marginal note:Activation requirement
(2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated.
Marginal note:False information
147 A person must not provide false information for the purpose of obtaining a restricted area identity card.
Marginal note:Sponsorship
148 An employer must not
(a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or
(b) knowingly sponsor an employee for more than one restricted area identity card at a time.
Marginal note:Issuance of multiple cards
149 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.
Marginal note:Replacement of cards
150 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that
(a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and
(b) the person still has a security clearance.
Marginal note:Requirement to inform
151 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.
Marginal note:Collection of information
152 (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:
(a) the applicant’s full name;
(b) the applicant’s height;
(c) a photograph depicting a frontal view of the applicant’s face;
(d) the applicant’s fingerprint images and iris images;
(e) the name of the applicant’s employer; and
(f) the applicant’s occupation.
Marginal note:Destruction of images and templates
(2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card.
Marginal note:Quality control
153 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.
Marginal note:Protection of information
154 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.
Deactivation of Restricted Area Identity Cards
Marginal note:Deactivation request
155 (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if
(a) the card expires;
(b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or
(c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.
Marginal note:Reason for deactivation
(1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.
Marginal note:Prohibition
(2) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).
Marginal note:Notification of Minister
(3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card.
SOR/2014-153, s. 13.
Previous Version
Marginal note:Change in employment
156 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if
(a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and
(b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment.
Marginal note:Duty of employer
157 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.
Marginal note:Retrieval of cards
158 (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.
Marginal note:Return of cards
(2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.
Keys, Combination Codes and Personal Identification Codes
Marginal note:Issuance or assignment
159 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless
(a) the person is a person to whom a restricted area identity card has been issued and the card is active; or
(b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.
Marginal note:Addition of key
160 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.
Marginal note:Protection of information
161 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.
Marginal note:Cancellation, withdrawal or retrieval
162 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if
(a) the person’s restricted area identity card has been deactivated; or
(b) the person no longer requires ongoing access to the restricted area in the course of their employment.
Records
Marginal note:General requirement
163 (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting
(a) restricted area identity cards and keys that have been issued;
(b) the names of the persons to whom restricted area identity cards or keys have been issued;
(c) the names of the persons to whom combination codes or personal identification codes have been assigned;
(d) blank restricted area identity cards in the operator’s possession;
(e) restricted area identity cards that have been deactivated;
(f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;
(g) deactivated restricted area identity cards that have not been retrieved by the operator;
(h) restricted area identity cards that have been reported as lost or stolen;
(i) steps taken to retrieve deactivated restricted area identity cards; and
(j) compliance with section 151.
Marginal note:Deactivated cards
(2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.
Marginal note:Lost or stolen cards
(3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.
Marginal note:Provision to Minister
(4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.
Restricted Area Access Control Process
Marginal note:Use of identity verification system
164 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.
Control of Access to Restricted Areas
Marginal note:Unauthorized access prohibition
165 A person must not enter or remain in a restricted area unless the person
(a) is a person to whom a restricted area identity card has been issued; or
(b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.
SOR/2012-48, s. 9.
Previous Version
Marginal note:Restricted area identity cards — conditions of use
166 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless
(a) they are acting in the course of their employment;
(b) the card is in their possession;
(c) the card is active; and
(d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.
Marginal note:Exception
(2) Paragraph (1)(d) does not apply to crew members.
Marginal note:Display of restricted area identity cards
167 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.
Marginal note:Display of temporary passes
(2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.
SOR/2014-153, s. 14.
Previous Version
Marginal note:Oversight
168 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of
(a) an active restricted area identity card that has been issued to the person; or
(b) a document of entitlement, other than a restricted area identity card, for the restricted area.
SOR/2012-48, s. 10.
Previous Version
Business Continuity Plans
Marginal note:Business continuity plans
169 (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 168 in the event that the operator is unable to use its restricted area access control process to comply with that section.
Marginal note:Implementation
(2) The operator of the aerodrome must immediately implement its business continuity plan and notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 168.
Marginal note:Notification of delay
(3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 168.
Marginal note:Ministerial access
(4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.
Marginal note:Database backup
170 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.
Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes
Marginal note:General prohibitions
171 (1) A person must not
(a) lend or give a restricted area identity card or a key that has been issued to them to another person;
(b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;
(c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;
(d) use a restricted area identity card or a key that has been issued to another person;
(e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;
(f) use a counterfeit restricted area identity card or a counterfeit key; or
(g) make a copy of a restricted area identity card or a key.
Marginal note:Disclosure or use of codes
(2) A person, other than the operator of an aerodrome or a person designated by the operator, must not
(a) disclose a combination code or personal identification code; or
(b) use another person’s combination code or personal identification code.
Marginal note:Report of loss or theft
172 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.
Marginal note:Employer’s duty to report
(2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.
Marginal note:Report of non-functioning card
173 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.
174 [Repealed, SOR/2014-153, s. 15]
Previous Version
Presentation and Surrender of Restricted Area Identity Cards
Marginal note:Presentation on demand
175 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.
Marginal note:Presentation during screening
(2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.
Marginal note:Surrender on demand
176 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.
Marginal note:Demand by Minister or operator
(2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if
(a) the card has expired or has been reported as lost or stolen;
(b) the card has been deactivated; or
(c) the surrender of the card is required to ensure aviation security.
Marginal note:Demand by screening officer
(3) A screening officer may demand the surrender of a restricted area identity card if
(a) the card has expired or has been reported as lost or stolen;
(b) the card has been deactivated; or
(c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.
Marginal note:Demand by peace officer
(4) A peace officer may demand the surrender of a restricted area identity card if
(a) the card has expired or has been reported as lost or stolen; or
(b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.
Marginal note:Return of cards
177 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.
Marginal note:Notification of Minister
178 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 176(2)(c).
Escort and Surveillance
Marginal note:General requirement
179 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card
(a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or
(b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.
Marginal note:Exceptions
(2) This section does not apply in respect of the following persons:
(a) passengers who have been screened; and
(b) inspectors.
Marginal note:Escort ratio
180 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.
Marginal note:Surveillance ratio
(2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.
Marginal note:Requirement to remain together
181 (1) A person under escort must remain with the escort while the person is in a restricted area.
Marginal note:Idem
(2) An escort must remain with the person under escort while the person is in a restricted area.
Marginal note:Requirement to inform
(3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.
Marginal note:Screening requirement
182 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.
Marginal note:Exception — conveyances
183 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.
Marginal note:Exception to exception
(2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 180.
Marginal note:Escort conveyances
184 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for
(a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;
(b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and
(c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.
Inspectors
Marginal note:Exemption
185 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.
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.
SOR/2014-153, s. 16.
Previous Version
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.
SOR/2014-153, s. 16.
Previous Version
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.
SOR/2012-48, ss. 11, 65(F);
SOR/2014-153, s. 16.
Previous Version
[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.
SOR/2014-153, s. 16.
Previous Version
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.
SOR/2014-153, s. 16.
Previous Version
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.
SOR/2014-153, s. 16.
Previous Version
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.
SOR/2014-153, s. 16.
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.
SOR/2014-153, s. 16.
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.
SOR/2014-153, s. 16.
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.
SOR/2014-153, s. 16.
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.
SOR/2014-153, s. 16.
Marginal note:Approval
201 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if
(a) the assessment meets the requirements of section 197;
(b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;
(c) the operator has considered risk information provided by its multi-agency advisory committee;
(d) the operator has considered all available and relevant information; and
(e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.
SOR/2014-153, s. 16.
Strategic Airport Security Plans
Marginal note:Strategic airport security plans
202 (1) The operator of an aerodrome must establish a strategic airport security plan that
(a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;
(b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment; and
(c) sets out a menu of additional safeguards that are
(i) intended to mitigate heightened risk conditions in a graduated manner, and
(ii) consistent with the operator’s legal powers and obligations.
Marginal note:Menu of additional safeguards
(2) The menu of additional safeguards must
(a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;
(b) allow the rapid selection of additional safeguards by activity type or location; and
(c) indicate the persons and organizations responsible for implementing each additional safeguard.
Marginal note:Activity types
(3) For the purposes of paragraphs (2)(a) and (b), the activity types must include
(a) access controls;
(b) monitoring and patrolling;
(c) communications; and
(d) other operational controls.
Marginal note:Locations
(4) For the purposes of paragraphs (2)(a) and (b), the locations must include
(a) public areas of the aerodrome;
(b) areas of the aerodrome that are not public areas but are not restricted areas; and
(c) restricted areas.
SOR/2014-153, s. 16.
Marginal note:Requirement to consult
203 The operator of an aerodrome must consult its multi-agency advisory committee when the operator
(a) establishes its strategic airport security plan; and
(b) amends its strategic airport security plan under subsection 205.2(1).
SOR/2014-153, s. 16.
Marginal note:Requirement to submit
204 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.
SOR/2014-153, s. 16.
Marginal note:Requirement to implement
205 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.
SOR/2014-153, s. 16.
Marginal note:Approval of plan
205.1 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if
(a) the plan meets the requirements of section 202;
(b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;
(c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;
(d) the risk-management strategy is in proportion to the risks it addresses;
(e) the operator has considered the advice of its multi-agency advisory committee;
(f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome;
(g) the additional safeguards can be implemented rapidly and consistently;
(h) the additional safeguards are consistent with existing rights and freedoms; and
(i) the plan can be implemented without compromising aviation security.
SOR/2014-153, s. 16.
Marginal note:Amendments
205.2 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if
(a) the plan does not reflect the operator’s most recent airport security risk assessment;
(b) 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;
(c) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;
(d) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment;
(e) the operator identifies a deficiency in the plan; or
(f) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.
Marginal note:Documentation
(2) If the operator of the aerodrome amends its strategic airport security plan, the operator must document
(a) the reason for the amendment; and
(b) the factors that were taken into consideration in making that amendment.
Marginal note:Submission of amendment
(3) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.
Marginal note:Approval
(4) The Minister must approve an amendment if
(a) in the case of an amendment to the summary required under paragraph 202(1)(a), the conditions set out in paragraphs 205.1(a) to (c) have been met;
(b) in the case of an amendment to the risk-management strategy required under paragraph 202(1)(b), the conditions set out in paragraphs 205.1(a) to (f) and (i) have been met; and
(c) in the case of an amendment to the menu of additional safeguards required under paragraph 202(1)(c), the conditions set out in paragraphs 205.1(a), (b) and (f) to (i) have been met.
Marginal note:Implementation
(5) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.
SOR/2014-153, s. 16.
Emergency Plans
Marginal note:Plan requirements
206 (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;
(b) hijackings of aircraft; and
(c) other acts of unlawful interference with civil aviation.
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 detailed procedures for the evacuation of air terminal buildings;
(c) include 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.
SOR/2012-48, s. 12;
SOR/2014-153, s. 16.
Previous Version
Security Exercises
Marginal note:Operations-based security exercise
207 (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that
(a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
(b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.
Marginal note:Equivalency
(2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).
SOR/2012-48, s. 12;
SOR/2014-153, s. 16.
Previous Version
Marginal note:Discussion-based security exercise
208 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that
(a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
(b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.
Marginal note:Exception
(2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.
SOR/2012-48, s. 12;
SOR/2014-153, s. 16.
Previous Version
Marginal note:Notice
209 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.
SOR/2014-153, s. 16.
Records
Marginal note:Additional safeguards
210 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes
(a) a description of the additional safeguards that were implemented;
(b) an evaluation of the effectiveness of those additional safeguards; and
(c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.
Marginal note:Emergencies
(2) Each time an emergency referred to in subsection 206(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:Exercises
(3) 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.
SOR/2012-48, s. 12;
SOR/2014-153, s. 16.
Previous Version
Corrective Actions
Marginal note:Corrective actions
211 Subject to section 212, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that
(a) is identified to the operator by the Minister; or
(b) is identified by the operator.
SOR/2014-153, s. 16.
Previous Version
Marginal note:Corrective action plan
212 If a corrective action to be taken by the operator of an aerodrome under section 211 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out
(a) the nature of the vulnerability to be addressed;
(b) a rationale for the phased approach; and
(c) a timetable setting out when each phase of the corrective action plan will be completed.
SOR/2014-153, s. 16.
Previous Version
Disclosure of Information
Marginal note:Prohibition
213 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.
SOR/2014-153, s. 16.
Previous Version
DIVISION 10Reserved
[214 to 223 reserved]
DIVISION 11Primary Security Line Partners
Overview
Marginal note:Division overview
224 This Division sets out the role of a primary security line partner in supporting the establishment and implementation of an effective airport security program by the operator of an aerodrome.
SOR/2014-153, s. 16.
Previous Version
Security Official
Marginal note:Interpretation
225 A security official of a primary security line partner at an aerodrome is an individual who is responsible for
(a) coordinating and overseeing compliance with the regulatory requirements that apply to the partner under this Part; and
(b) acting as the principal contact between the partner, the operator of the aerodrome and the Minister with respect to security matters, including compliance with the regulatory requirements that apply to the partner under this Part.
SOR/2014-153, s. 16.
Previous Version
Marginal note:One security official at all times
226 (1) A primary security line partner at an aerodrome must have, at all times, at least one security official or acting security official.
Marginal note:Contact information
(2) The primary security line partner must provide the operator of the aerodrome and the Minister with
(a) the name of each security official and acting security official; and
(b) 24-hour contact information for those officials.
SOR/2014-153, s. 16.
Support for Airport Security Programs
Marginal note:Requirements
227 At each aerodrome where a primary security line partner carries out operations, the partner must
(a) define and document the aerodrome-related security roles and responsibilities assigned to each of the partner’s employee groups and contractor groups that require access to restricted areas at the aerodrome in the course of their employment;
(b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups and document how that information is communicated;
(c) establish, implement and document a security awareness program that promotes a culture of security vigilance and awareness among its employees and contractors if the security awareness program of the operator of the aerodrome does not cover matters that are unique to the partner’s operations;
(d) document the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line;
(e) create a document that
(i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
(ii) indicates the location of each restricted area access point in those areas, and
(iii) describes those restricted area access points;
(f) establish, implement and document a process for receiving, retaining, disclosing and disposing of sensitive information respecting aerodrome security in order to protect the information from unauthorized access; and
(g) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aerodrome security in a manner that protects the information from unauthorized access.
SOR/2014-153, s. 16.
[228 to 230 reserved]
Provision of Information
Marginal note:Provision of information to operator of aerodrome
231 (1) At each aerodrome where a primary security line partner carries out operations, the partner must provide the operator of the aerodrome with the information that is documented or created under this Division on reasonable notice given by the operator.
Marginal note:Provision to Minister
(2) The primary security line partner must provide the Minister with the same information on reasonable notice given by the Minister.
SOR/2014-153, s. 16.
Previous Version
[232 and 233 reserved]
Corrective Actions
Marginal note:Corrective actions
234 (1) Subject to section 235, a primary security line partner must immediately take corrective actions to address a vulnerability that contributes to an aerodrome-related security risk and that
(a) is identified to the partner by the Minister;
(b) is identified to the partner by the operator of the aerodrome where the partner carries out operations; or
(c) is identified by the partner.
Marginal note:Notification
(2) If a primary security line partner takes corrective actions at an aerodrome, the primary security line partner must immediately notify the operator of the aerodrome.
SOR/2014-153, s. 16.
Previous Version
Marginal note:Corrective action plan
235 If a corrective action to be taken by a primary security line partner under section 234 involves a phased approach, the primary security line partner must provide the Minister and the operator of the aerodrome with a corrective action plan that sets out
(a) the nature of the vulnerability to be addressed;
(b) a rationale for the phased approach; and
(c) a timetable setting out when each phase of the corrective action plan will be completed.
SOR/2014-153, s. 16.
Previous Version
Disclosure of Information
Marginal note:Prohibition
235.1 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.
SOR/2014-153, s. 16.
DIVISION 12Other Aerodrome Operations
Overview
Marginal note:Division overview
236 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.
SOR/2012-48, s. 13.
Construction Plans
Marginal note:Requirement to notify Minister
237 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.
Marginal note:Notice requirements
(2) The notice must
(a) be in writing;
(b) state the date on which the construction will begin or the change will be made; and
(c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.
SOR/2012-48, s. 13.
United States Preclearance Areas
Marginal note:Police presence
238 (1) The operator of an aerodrome that has a United States preclearance area must ensure the continuous presence of at least one armed police officer at the preclearance area during the hours that the area is in operation.
Marginal note:Patrols and responses
(2) The operator of the aerodrome must ensure that the armed police officer makes regular patrols within the preclearance area and responds rapidly and in person to any emergency calls from, or alarms activated by, United States preclearance personnel.
SOR/2012-48, s. 13.
[239 to 245 reserved]
PART 5 Class 2 Aerodromes
Overview
Marginal note:Part overview
246 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 2.
Application
Marginal note:Application
247 This Part applies in respect of aerodromes listed in Schedule 2.
DIVISION 1Prohibited Items
Overview
Marginal note:Division overview
248 This Division completes and supplements the regulatory framework set out in Part 3.
Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
Marginal note:Authorization
249 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if
(a) the explosive substance or incendiary device is to be used at the aerodrome
(i) for excavation, demolition or construction work,
(ii) in fireworks displays,
(iii) by persons operating explosives detection equipment or handling explosives detection dogs,
(iv) by a police service, or
(v) by military personnel; and
(b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.
Availability of Prohibited Items
Marginal note:Prohibition — sterile area
250 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.
Marginal note:Exception — liquids, aerosols and gels
(2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.
Marginal note:Exception — knives
(3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.
SOR/2012-48, s. 14.
[251 reserved]
DIVISION 2Threats and Incidents
Overview
Marginal note:Division overview
252 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.
Threat Response
Marginal note:Area under operator’s control
253 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Marginal note:Area under control of other person
254 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately
(a) notify the person of the nature of the threat; and
(b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.
Marginal note:Specific threats
255 The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security 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.
Marginal note:Duties of other person
256 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 specific threat that jeopardizes the security of the aerodrome.
Marginal note:Threats identified by other person
257 If it is determined under paragraph 15(b), 254(b) or 256(b) that there is a specific 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
258 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 specific 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
259 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 3AVSEC Levels
Overview
Marginal note:Division overview
260 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.
SOR/2014-153, s. 17.
AVSEC Level Requirements
Marginal note:Additional safeguards
261 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:
(a) determine which additional safeguards are likely to mitigate the heightened risk condition;
(b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;
(c) implement or continue to implement the additional safeguards; and
(d) notify the Minister of the additional safeguards that are being or will be implemented.
SOR/2014-153, s. 17.
Marginal note:Notification
262 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 261(b).
SOR/2014-153, s. 17.
Marginal note:Legal powers and obligations
263 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.
SOR/2014-153, s. 17.
[264 and 265 reserved]
DIVISION 4Personnel and Training
Overview
Marginal note:Division overview
266 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.
SOR/2014-153, s. 75.
Previous Version
[267 and 268 reserved]
Security Official
[SOR/2014-153, s. 18]
Marginal note:Interpretation
269 A security official of an aerodrome is an individual who is responsible for
(a) coordinating and overseeing security controls and procedures at the aerodrome; and
(b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.
Marginal note:Requirement
270 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.
Marginal note:Contact information
(2) The operator of the aerodrome must provide the Minister with
(a) the name of each security official and acting security official; and
(b) 24-hour contact information for those officials.
Aerodrome Security Personnel
Marginal note:Initial training
271 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.
Marginal note:Training elements
(2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:
(a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;
(b) the security controls and procedures at the aerodrome where the personnel are employed;
(c) systems and equipment at the aerodrome;
(d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;
(e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and
(f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.
Marginal note:Grandfathering
(3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.
SOR/2014-153, s. 19.
Marginal note:Follow-up training
272 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:
(a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
(b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
(c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and
(d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.
Marginal note:Follow-up training
(2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.
Marginal note:Training elements
(3) Follow-up training must include
(a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and
(b) instruction and evaluation in relation to that circumstance.
SOR/2014-153, s. 19.
Marginal note:On-the-job training
273 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1 or 2.
SOR/2014-153, s. 19.
Marginal note:Training records
274 (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 271 or 272, there is a training record that includes
(a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities;
(b) a description of all the training that the individual has received in accordance with section 271 or 272; and
(c) evaluation results for all the training that the individual has received in accordance with section 271 or 272.
Marginal note:Record keeping
(2) The operator of the aerodrome must keep the training record for at least two years.
Marginal note:Ministerial access
(3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.
SOR/2014-153, s. 19.
[275 reserved]
DIVISION 5Facilitation of Screening
Overview
Marginal note:Division overview
276 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.
SOR/2012-48, s. 15.
Screening of Passengers
Marginal note:Passenger screening facilities
277 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.
SOR/2012-48, s. 15;
SOR/2014-153, s. 20.
Previous Version
Marginal note:False declaration notice
278 (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare
(a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or
(b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.
Marginal note:Official languages
(2) The notice must be clearly visible and be in at least both official languages.
SOR/2012-48, s. 15;
SOR/2014-153, s. 20.
Previous Version
Screening of Non-passengers
Marginal note:Non-passenger screening facilities
279 The operator of an aerodrome must make facilities available for non-passenger screening checkpoints at restricted area access points and at locations inside restricted areas.
SOR/2012-48, s. 15.
Marginal note:Non-passenger access to restricted areas
279.1 The operator of an aerodrome must, in accordance with a security measure, ensure that non-passengers enter a restricted area at the aerodrome only through a restricted area access point where screening is carried out.
SOR/2014-161, s. 2.
Marginal note:Notice — liquids, aerosols or gels
280 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas.
SOR/2012-48, s. 15.
Screening of Checked Baggage
Marginal note:Checked baggage screening facilities
281 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.
SOR/2012-48, s. 15;
SOR/2014-153, s. 21.
Previous Version
Baggage Handling Systems
Marginal note:No change without agreement
282 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA.
SOR/2012-48, s. 15.
DIVISION 6Access Controls
Overview
Marginal note:Division overview
283 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.
Signs
Marginal note:Sign requirements
284 (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must
(a) be in at least both official languages;
(b) identify the restricted area as a restricted area; and
(c) state that access to the area is restricted to authorized persons.
Marginal note:Signs on security barriers
(2) The signs posted on a security barrier must be no more than 150 m apart.
Restricted Area Access Points
Marginal note:Access control system
285 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:
(a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area;
(b) manual locking equipment; and
(c) automated access control equipment.
SOR/2012-48, s. 16.
Marginal note:Passenger loading bridge
286 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked.
SOR/2012-48, s. 16.
Marginal note:Prohibition
287 A person must not enter a restricted area at an aerodrome except through a restricted area access point.
Baggage Handling Systems
Marginal note:Prevention of unauthorized access
288 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.
SOR/2012-48, s. 17.
Doors, Gates, Emergency Exits and Other Devices
Marginal note:Duty to close and lock — operators
289 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
(a) the operator has control of and responsibility for the door, gate or other device; and
(b) the door, gate or other device allows access between a restricted area and a non-restricted area.
Marginal note:Emergency exit system
(2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if
(a) the operator has control of and responsibility for the emergency exit; and
(b) the emergency exit allows access between a restricted area and a non-restricted area.
Marginal note:Duty to close and lock — partners and lessees
290 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
(a) the partner or lessee has control of and responsibility for the door, gate or other device; and
(b) the door, gate or other device allows access between a restricted area and a non-restricted area.
Marginal note:Emergency exit system
(2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if
(a) the partner has control of and responsibility for the emergency exit; and
(b) the emergency exit allows access between a restricted area and a non-restricted area.
Marginal note:Temporary use or control
291 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.
Marginal note:Uncontrolled restricted area access point
292 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must
(a) lock the door, gate or other device that allows access to or from the restricted area; and
(b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.
Marginal note:Preventing locking
293 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.
Marginal note:Emergency exits
294 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless
(a) the person is authorized by the operator of the aerodrome to open it; or
(b) there is an emergency.
Unauthorized Access
Marginal note:Prohibition
295 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.
Marginal note:Restricted areas
(2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.
Marginal note:Non-public areas other than restricted areas
(3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.
Marginal note:Non-public areas other than restricted areas
(4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.
SOR/2014-153, s. 22.
Previous Version
Inspectors
Marginal note:Requirement to allow access
296 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.
SOR/2012-48, s. 18.
DIVISION 7Documents of Entitlement
Marginal note:Division overview
297 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity card are set out in Division 8.
SOR/2012-48, s. 19.
Marginal note:List of documents
298 (1) Only the following documents are documents of entitlement at an aerodrome:
(a) a restricted area identity card;
(b) a temporary pass issued by the operator of the aerodrome;
(c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;
(d) a passenger escort form that is approved by the operator of the aerodrome;
(e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and
(f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.
Marginal note:Pilot’s licence
(2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and
(a) is acting in the course of their employment; or
(b) requires access to an aircraft that they own or operate.
SOR/2012-48, s. 19;
SOR/2014-153, s. 23.
Previous Version
DIVISION 8Enhanced Access Controls
Overview
Marginal note:Division overview
299 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.
Identity Verification System
Marginal note:Disclosure of information
300 (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.
Marginal note:Identity protection
(2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.
Information to Be Displayed on a Restricted Area Identity Card
Marginal note:Required information
301 (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:
(a) the full name of the person to whom the card is issued;
(b) the person’s height;
(c) a photograph depicting a frontal view of the person’s face;
(d) the expiry date of the card;
(e) the name of the aerodrome where the card is issued;
(f) the name of the person’s employer, if the person has a single employer;
(g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer;
(h) the person’s occupation, if the person has a single occupation; and
(i) the terms “multi-occupation” and “emplois multiples”, if the person has more than one occupation.
Marginal note:Expiration date
(2) A restricted area identity card expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier.
Marginal note:Expiration date — multi-aerodrome card
(3) Despite subsection (2), a restricted area identity card that is issued to a person who requires access to restricted areas at more than one aerodrome, but who is not a crew member, expires no later than one year after the day on which it is issued or on the day on which the person’s security clearance expires, whichever is earlier.
Marginal note:Official languages
(4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.
Issuance of Restricted Area Identity Cards
Marginal note:Issuance criteria
302 (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person
(a) applies in writing;
(b) is sponsored in writing by their employer;
(c) has a security clearance;
(d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and
(e) confirms that the information displayed on the card is correct.
Marginal note:Activation requirement
(2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated.
Marginal note:False information
303 A person must not provide false information for the purpose of obtaining a restricted area identity card.
Marginal note:Sponsorship
304 An employer must not
(a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or
(b) knowingly sponsor an employee for more than one restricted area identity card at a time.
Marginal note:Issuance of multiple cards
305 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.
Marginal note:Replacement of cards
306 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that
(a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and
(b) the person still has a security clearance.
Marginal note:Requirement to inform
307 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.
Marginal note:Collection of information
308 (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:
(a) the applicant’s full name;
(b) the applicant’s height;
(c) a photograph depicting a frontal view of the applicant’s face;
(d) the applicant’s fingerprint images and iris images;
(e) the name of the applicant’s employer; and
(f) the applicant’s occupation.
Marginal note:Destruction of images and templates
(2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card.
Marginal note:Quality control
309 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.
Marginal note:Protection of information
310 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.
Deactivation of Restricted Area Identity Cards
Marginal note:Deactivation request
311 (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if
(a) the card expires;
(b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or
(c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.
Marginal note:Reason for deactivation
(1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.
Marginal note:Prohibition
(2) The operator of an aerodrome must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).
Marginal note:Notification of Minister
(3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card.
SOR/2014-153, s. 24.
Previous Version
Marginal note:Change in employment
312 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if
(a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and
(b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment.
Marginal note:Duty of employer
313 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.
Marginal note:Retrieval of cards
314 (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.
Marginal note:Return of cards
(2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.
Keys, Combination Codes and Personal Identification Codes
Marginal note:Issuance or assignment
315 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless
(a) the person is a person to whom a restricted area identity card has been issued and the card is active; or
(b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.
Marginal note:Addition of key
316 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.
Marginal note:Protection of information
317 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.
Marginal note:Cancellation, withdrawal or retrieval
318 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if
(a) the person’s restricted area identity card has been deactivated; or
(b) the person no longer requires ongoing access to the restricted area in the course of their employment.
Records
Marginal note:General requirement
319 (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting
(a) restricted area identity cards and keys that have been issued;
(b) the names of the persons to whom restricted area identity cards or keys have been issued;
(c) the names of the persons to whom combination codes or personal identification codes have been assigned;
(d) blank restricted area identity cards in the operator’s possession;
(e) restricted area identity cards that have been deactivated;
(f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;
(g) deactivated restricted area identity cards that have not been retrieved by the operator;
(h) restricted area identity cards that have been reported as lost or stolen;
(i) steps taken to retrieve deactivated restricted area identity cards; and
(j) compliance with section 307.
Marginal note:Deactivated cards
(2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.
Marginal note:Lost or stolen cards
(3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.
Marginal note:Provision to Minister
(4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.
Restricted Area Access Control Process
Marginal note:Use of identity verification system
320 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.
Control of Access to Restricted Areas
Marginal note:Unauthorized access prohibition
321 A person must not enter or remain in a restricted area unless the person
(a) is a person to whom a restricted area identity card has been issued; or
(b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.
SOR/2012-48, s. 20.
Previous Version
Marginal note:Restricted area identity cards — conditions of use
322 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless
(a) they are acting in the course of their employment;
(b) the card is in their possession;
(c) the card is active; and
(d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.
Marginal note:Exception
(2) Paragraph (1)(d) does not apply to crew members.
Marginal note:Display of restricted area identity cards
323 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.
Marginal note:Display of temporary passes
(2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.
SOR/2014-153, s. 25.
Previous Version
Marginal note:Oversight
324 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of
(a) an active restricted area identity card that has been issued to the person; or
(b) a document of entitlement, other than a restricted area identity card, for the restricted area.
SOR/2012-48, s. 21.
Previous Version
Business Continuity Plans
Marginal note:Business continuity plans
325 (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 324 in the event that the operator is unable to use its restricted area access control process to comply with that section.
Marginal note:Implementation
(2) The operator of the aerodrome must immediately implement its business continuity plan and notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 324.
Marginal note:Notification of delay
(3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 324.
Marginal note:Ministerial access
(4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.
Marginal note:Database backup
326 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.
Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes
Marginal note:General prohibitions
327 (1) A person must not
(a) lend or give a restricted area identity card or a key that has been issued to them to another person;
(b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;
(c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;
(d) use a restricted area identity card or a key that has been issued to another person;
(e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;
(f) use a counterfeit restricted area identity card or a counterfeit key; or
(g) make a copy of a restricted area identity card or a key.
Marginal note:Disclosure or use of codes
(2) A person, other than the operator of an aerodrome or a person designated by the operator, must not
(a) disclose a combination code or personal identification code; or
(b) use another person’s combination code or personal identification code.
Marginal note:Report of loss or theft
328 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.
Marginal note:Employer’s duty to report
(2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.
Marginal note:Report of non-functioning card
329 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.
330 [Repealed, SOR/2014-153, s. 26]
Previous Version
Presentation and Surrender of Restricted Area Identity Cards
Marginal note:Presentation on demand
331 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.
Marginal note:Presentation during screening
(2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.
Marginal note:Surrender on demand
332 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.
Marginal note:Demand by Minister or operator
(2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if
(a) the card has expired or has been reported as lost or stolen;
(b) the card has been deactivated; or
(c) the surrender of the card is required to ensure aviation security.
Marginal note:Demand by screening officer
(3) A screening officer may demand the surrender of a restricted area identity card if
(a) the card has expired or has been reported as lost or stolen;
(b) the card has been deactivated; or
(c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.
Marginal note:Demand by peace officer
(4) A peace officer may demand the surrender of a restricted area identity card if
(a) the card has expired or has been reported as lost or stolen; or
(b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.
Marginal note:Return of cards
333 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.
Marginal note:Notification of Minister
334 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 332(2)(c).
Escort and Surveillance
Marginal note:General requirement
335 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card
(a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or
(b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.
Marginal note:Exceptions
(2) This section does not apply in respect of the following persons:
(a) passengers who have been screened; and
(b) inspectors.
Marginal note:Escort ratio
336 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.
Marginal note:Surveillance ratio
(2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.
Marginal note:Requirement to remain together
337 (1) A person under escort must remain with the escort while the person is in a restricted area.
Marginal note:Idem
(2) An escort must remain with the person under escort while the person is in a restricted area.
Marginal note:Requirement to inform
(3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.
Marginal note:Screening requirement
338 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.
Marginal note:Exception — conveyances
339 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.
Marginal note:Exception to exception
(2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 336.
Marginal note:Escort conveyances
340 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for
(a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;
(b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and
(c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.
Inspectors
Marginal note:Exemption
341 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.
Marginal note:Inspector’s credentials
342 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
343 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
344 (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
345 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.
SOR/2014-153, s. 27.
Previous Version
Interpretation
Marginal note:Processes and procedures
346 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.
SOR/2014-153, s. 27.
Previous Version
Airport Security Program Requirements
Marginal note:Requirement to establish and implement
347 (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 270;
(b) the aerodrome security personnel training referred to in sections 271 and 272;
(c) the security committee or other working group or forum referred to in section 350;
(d) if applicable, the multi-agency advisory committee referred to in section 353;
(e) if applicable, the airport security risk assessment referred to in section 354;
(f) if applicable, the strategic airport security plan referred to in section 359;
(g) the menu of additional safeguards referred to in section 365;
(h) the emergency plan referred to in section 367; and
(i) the security exercises referred to in sections 368 and 369.
SOR/2012-48, ss. 22, 65(F);
SOR/2014-153, s. 27.
Previous Version
Marginal note:Documentation
348 (1) The operator of an aerodrome must
(a) keep documentation related to its menu of additional safeguards and any amendment to it for at least five years;
(b) if applicable, keep documentation related to its airport security risk assessment and any review of it for at least five years;
(c) if applicable, keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and
(d) 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.
SOR/2014-153, s. 27.
Previous Version
Marginal note:Requirement to amend
349 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.
SOR/2014-153, s. 27.
Previous Version
Security Committee
Marginal note:Security committee
350 (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.
SOR/2014-153, s. 27.
Previous Version
Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans
Marginal note:Application
351 (1) Subject to section 352, sections 353 to 364 apply to the operator of an aerodrome if
(a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 2 after the name of the aerodrome; or
(b) the Minister makes an order stating that sections 353 to 364 apply to the operator.
Marginal note:Minister’s authority
(2) The Minister is authorized to make orders stating that sections 353 to 364 apply to operators of aerodromes listed in Schedule 2.
SOR/2014-153, s. 27.
Marginal note:Transition
352 (1) Sections 353 and 356 do not apply to the operator of an aerodrome until the day that is six months after the earlier of
(a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the name of the aerodrome comes into force, and
(b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.
Marginal note:Transition
(2) Sections 354 and 355 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of
(a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the name of the aerodrome comes into force, and
(b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.
Marginal note:Transition
(3) Sections 359 and 361 do not apply to the operator of an aerodrome until the day that is 22 months after the earlier of
(a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the name of the aerodrome comes into force, and
(b) the day on which a ministerial order stating that sections 353 to 364 apply to the operator comes into force.
SOR/2014-153, s. 27.
Marginal note:Multi-agency advisory committee
353 (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.
SOR/2014-153, s. 27.
Marginal note:Airport security risk assessments
354 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.
SOR/2014-153, s. 27.
Marginal note:Submission for approval
355 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.
SOR/2014-153, s. 27.
Marginal note:Requirement to consult
356 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.
SOR/2014-153, s. 27.
Marginal note:Airport security risk assessment — annual review
357 (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.
SOR/2014-153, s. 27.
Marginal note:Approval
358 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if
(a) the assessment meets the requirements of section 354;
(b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;
(c) the operator has considered risk information provided by its multi-agency advisory committee;
(d) the operator has considered all available and relevant information; and
(e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.
SOR/2014-153, s. 27.
Marginal note:Strategic airport security plans
359 The operator of an aerodrome must establish a strategic airport security plan that
(a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and
(b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment.
SOR/2014-153, s. 27.
Marginal note:Requirement to consult
360 The operator of an aerodrome must consult its multi-agency advisory committee when the operator
(a) establishes its strategic airport security plan; and
(b) amends its strategic airport security plan under subsection 364(1).
SOR/2014-153, s. 27.
Marginal note:Requirement to submit
361 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.
SOR/2014-153, s. 27.
Marginal note:Requirement to implement
362 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.
SOR/2014-153, s. 27.
Marginal note:Approval of plan
363 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if
(a) the plan meets the requirements of section 359;
(b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;
(c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;
(d) the risk-management strategy is in proportion to the risks it addresses;
(e) the operator has considered the advice of its multi-agency advisory committee;
(f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and
(g) the plan can be implemented without compromising aviation security.
SOR/2014-153, s. 27.
Marginal note:Amendments
364 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if
(a) the plan does not reflect the operator’s airport security risk assessment;
(b) 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;
(c) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or
(d) the operator identifies a deficiency in the plan.
Marginal note:Documentation — risk-management strategy
(2) If the operator of the aerodrome amends its risk-management strategy, the operator must document
(a) the reason for the amendment; and
(b) the factors that were taken into consideration in making that amendment.
Marginal note:Documentation — strategic airport security plan
(3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document
(a) the reason for the amendment; and
(b) the factors that were taken into consideration in making that amendment.
Marginal note:Submission of amendment
(4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.
Marginal note:Approval
(5) The Minister must approve an amendment if
(a) in the case of an amendment to the summary required under paragraph 359(a), the conditions set out in paragraphs 363(a) to (c) have been met; and
(b) in the case of an amendment to the risk-management strategy required under paragraph 359(b), the conditions set out in section 363 have been met.
Marginal note:Implementation
(6) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.
SOR/2014-153, s. 27.
Menu of Additional Safeguards
Marginal note:Requirement to establish
365 (1) The operator of an aerodrome must establish a menu of additional safeguards that are
(a) intended to mitigate heightened risk conditions in a graduated manner; and
(b) consistent with the operator’s legal powers and obligations.
Marginal note:Menu requirements
(2) The menu of additional safeguards must
(a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;
(b) allow the rapid selection of additional safeguards by activity type or location; and
(c) indicate the persons and organizations responsible for implementing each additional safeguard.
Marginal note:Activity types
(3) For the purposes of paragraphs (2)(a) and (b), the activity types must include
(a) access controls;
(b) monitoring and patrolling;
(c) communications; and
(d) other operational controls.
Marginal note:Locations
(4) For the purposes of paragraphs (2)(a) and (b), the locations must include
(a) public areas of the aerodrome;
(b) areas of the aerodrome that are not public areas but are not restricted areas; and
(c) restricted areas.
SOR/2014-153, s. 27.
Marginal note:Requirement to submit
366 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval.
SOR/2014-153, s. 27.
Marginal note:Approval
366.1 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if
(a) the menu meets the requirements of section 365;
(b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security;
(c) the additional safeguards can be implemented rapidly and consistently;
(d) the additional safeguards are consistent with existing rights and freedoms; and
(e) the additional safeguards can be implemented without compromising aviation security.
SOR/2014-153, s. 27.
Marginal note:Amendments
366.2 (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if
(a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;
(b) the operator identifies a deficiency in the menu; or
(c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.
Marginal note:Requirement to consult
(2) If applicable, the operator of the aerodrome must consult its multi-agency advisory committee when amending its menu of additional safeguards.
Marginal note:Submission of amendment
(3) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval.
Marginal note:Approval
(4) The Minister must approve the amendment if the conditions set out in section 366.1 continue to be met.
SOR/2014-153, s. 27.
Emergency Plans
Marginal note:Plan requirements
367 (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;
(b) hijackings of aircraft; and
(c) other acts of unlawful interference with civil aviation.
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 detailed procedures for the evacuation of air terminal buildings;
(c) include 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.
SOR/2012-48, s. 23;
SOR/2014-153, s. 27.
Previous Version
Security Exercises
Marginal note:Operations-based security exercise
368 (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that
(a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
(b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.
Marginal note:Equivalency
(2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).
SOR/2012-48, s. 23;
SOR/2014-153, s. 27.
Previous Version
Marginal note:Discussion-based security exercise
369 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that
(a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
(b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.
Marginal note:Exception
(2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.
SOR/2012-48, s. 23;
SOR/2014-153, s. 27.
Previous Version
Marginal note:Notice
370 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.
SOR/2014-153, s. 27.
Records
Marginal note:Additional safeguards
371 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes
(a) a description of the additional safeguards that were implemented;
(b) an evaluation of the effectiveness of those additional safeguards; and
(c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.
Marginal note:Emergencies
(2) Each time an emergency referred to in subsection 367(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:Exercises
(3) 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.
SOR/2012-48, s. 23;
SOR/2014-153, s. 27.
Previous Version
Corrective Actions
Marginal note:Corrective actions
372 Subject to section 373, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that
(a) is identified to the operator by the Minister; or
(b) is identified by the operator.
SOR/2014-153, s. 27.
Previous Version
Marginal note:Corrective action plan
373 If a corrective action to be taken by the operator of an aerodrome under section 372 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out
(a) the nature of the vulnerability to be addressed;
(b) a rationale for the phased approach; and
(c) a timetable setting out when each phase of the corrective action plan will be completed.
SOR/2014-153, s. 27.
Previous Version
Primary Security Line Partners
Marginal note:Provision of information to operator of aerodrome
374 (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with
(a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and
(b) a document that
(i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
(ii) indicates the location of each restricted area access point in those areas, and
(iii) describes those restricted area access points.
Marginal note:Provision of information to Minister
(2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.
SOR/2014-153, s. 27.
Previous Version
[375 to 379 reserved]
Disclosure of Information
Marginal note:Prohibition
380 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.
SOR/2014-153, s. 27.
Previous Version
DIVISION 10Reserved
[381 to 390 reserved]
DIVISION 11Other Aerodrome Operations
Overview
Marginal note:Division overview
391 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.
SOR/2012-48, s. 24.
Construction Plans
Marginal note:Requirement to notify Minister
392 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.
Marginal note:Notice requirements
(2) The notice must
(a) be in writing;
(b) state the date on which the construction will begin or the change will be made; and
(c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.
SOR/2012-48, s. 24.
[393 to 400 reserved]
PART 6 Class 3 Aerodromes
Overview
Marginal note:Part overview
401 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.
SOR/2015-196, s. 4.
Previous Version
Application
Marginal note:Application
402 This Part applies in respect of aerodromes listed in Schedule 3 and in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.
SOR/2015-196, s. 5.
Previous Version
DIVISION 1Prohibited Items
Overview
Marginal note:Division overview
403 This Division completes and supplements the regulatory framework set out in Part 3.
Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
Marginal note:Authorization
404 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if
(a) the explosive substance or incendiary device is to be used at the aerodrome
(i) for excavation, demolition or construction work,
(ii) in fireworks displays,
(iii) by persons operating explosives detection equipment or handling explosives detection dogs,
(iv) by a police service, or
(v) by military personnel; and
(b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.
Availability of Prohibited Items
Marginal note:Prohibition — sterile area
405 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.
Marginal note:Exception — liquids, aerosols and gels
(2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.
Marginal note:Exception — knives
(3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.
SOR/2012-48, s. 25.
[406 reserved]
DIVISION 2Threats and Incidents
Overview
Marginal note:Division overview
407 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.
Threat Response
Marginal note:Area under operator’s control
408 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Marginal note:Area under control of other person
409 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately
(a) notify the person of the nature of the threat; and
(b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.
Marginal note:Specific threats
410 The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security 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.
Marginal note:Duties of other person
411 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 specific threat that jeopardizes the security of the aerodrome.
Marginal note:Threats identified by other person
412 If it is determined under paragraph 15(b), 409(b) or 411(b) that there is a specific 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
413 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 specific 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
414 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 3AVSEC Levels
Overview
Marginal note:Division overview
415 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.
SOR/2014-153, s. 28.
AVSEC Level Requirements
Marginal note:Additional safeguards
416 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:
(a) determine which additional safeguards are likely to mitigate the heightened risk condition;
(b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;
(c) implement or continue to implement the additional safeguards; and
(d) notify the Minister of the additional safeguards that are being or will be implemented.
SOR/2014-153, s. 28.
Marginal note:Notification
417 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 416(b).
SOR/2014-153, s. 28.
Marginal note:Legal powers and obligations
418 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.
SOR/2014-153, s. 28.
[419 and 420 reserved]
DIVISION 4Personnel and Training
Overview
Marginal note:Division overview
421 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.
SOR/2014-153, s. 75.
Previous Version
[422 and 423 reserved]
Security Official
[SOR/2014-153, s. 29]
Marginal note:Interpretation
424 A security official of an aerodrome is an individual who is responsible for
(a) coordinating and overseeing security controls and procedures at the aerodrome; and
(b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.
Marginal note:Requirement
425 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.
Marginal note:Contact information
(2) The operator of the aerodrome must provide the Minister with
(a) the name of each security official and acting security official; and
(b) 24-hour contact information for those officials.
Aerodrome Security Personnel
Marginal note:Initial training
426 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.
Marginal note:Training elements
(2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:
(a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;
(b) the security controls and procedures at the aerodrome where the personnel are employed;
(c) systems and equipment at the aerodrome;
(d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;
(e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and
(f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.
Marginal note:Grandfathering
(3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.
SOR/2014-153, s. 30.
Marginal note:Follow-up training
427 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:
(a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
(b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
(c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and
(d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.
Marginal note:Follow-up training
(2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.
Marginal note:Training elements
(3) Follow-up training must include
(a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and
(b) instruction and evaluation in relation to that circumstance.
SOR/2014-153, s. 30.
Marginal note:On-the-job training
428 If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1, 2 or 3.
SOR/2014-153, s. 30.
Marginal note:Training records
429 (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 426 or 427, there is a training record that includes
(a) the individual’s employee group or contractor group, if applicable, and a description of the individual’s aerodrome-related security roles and responsibilities;
(b) a description of all the training that the individual has received in accordance with section 426 or 427; and
(c) evaluation results for all the training that the individual has received in accordance with section 426 or 427.
Marginal note:Record keeping
(2) The operator of the aerodrome must keep the training record for at least two years.
Marginal note:Ministerial access
(3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.
SOR/2014-153, s. 30.
[430 reserved]
DIVISION 5Facilitation of Screening
Overview
Marginal note:Division overview
431 This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.
SOR/2012-48, s. 26.
Screening of Passengers
Marginal note:Passenger screening facilities
432 The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.
SOR/2012-48, s. 26;
SOR/2014-153, s. 31.
Previous Version
Marginal note:False declaration notice
433 (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare
(a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or
(b) that another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft, or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.
Marginal note:Official languages
(2) The notice must be clearly visible and be in at least both official languages.
SOR/2012-48, s. 26;
SOR/2014-153, s. 31.
Previous Version
Notice for Non-passengers
Marginal note:Notice — Liquids, aerosols or gels
434 The operator of an aerodrome must ensure that non-passengers who access sterile areas are notified of any restrictions on the possession of liquids, aerosols or gels in sterile areas.
SOR/2012-48, s. 26.
Screening of Checked Baggage
Marginal note:Checked baggage screening facilities
435 The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.
SOR/2012-48, s. 26;
SOR/2014-153, s. 32.
Previous Version
Baggage Handling Systems
Marginal note:No change without agreement
436 If the operator of an aerodrome is responsible for a baggage handling system, the operator must not make any change to the system that may affect screening operations unless the change is agreed to by CATSA.
SOR/2012-48, s. 26.
DIVISION 6Access Controls
Overview
Marginal note:Division overview
437 This Division sets out the regulatory framework for the protection of security-sensitive areas of aerodromes.
Signs
Marginal note:Sign requirements
438 (1) The operator of an aerodrome must post signs on the outside of each restricted area access point and each security barrier. Each sign must
(a) be in at least both official languages;
(b) identify the restricted area as a restricted area; and
(c) state that access to the area is restricted to authorized persons.
Marginal note:Signs on security barriers
(2) The signs posted on a security barrier must be no more than 150 m apart.
SOR/2012-48, s. 27.
Restricted Area Access Points
Marginal note:Access control system
439 The operator of an aerodrome must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:
(a) surveillance by a person authorized by the operator of the aerodrome to control access to restricted area;
(b) manual locking equipment; and
(c) automated access control equipment.
SOR/2012-48, s. 28.
Marginal note:Passenger loading bridge
440 The operator of an aerodrome must ensure that each restricted area access point that is located between an air terminal building and a passenger loading bridge has a door that can be locked.
SOR/2012-48, s. 28.
Marginal note:Prohibition
441 A person must not enter a restricted area at an aerodrome except through a restricted area access point.
Baggage Handling Systems
Marginal note:Prevention of unauthorized access
442 The operator of an aerodrome must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.
SOR/2012-48, s. 29.
Doors, Gates, Emergency Exits and Other Devices
Marginal note:Duty to close and lock — operators
443 (1) The operator of an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
(a) the operator has control of and responsibility for the door, gate or other device; and
(b) the door, gate or other device allows access between a restricted area and a non-restricted area.
Marginal note:Emergency exit system
(2) The operator of an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if
(a) the operator has control of and responsibility for the emergency exit; and
(b) the emergency exit allows access between a restricted area and a non-restricted area.
Marginal note:Duty to close and lock — partners and lessees
444 (1) A primary security line partner, or a lessee other than a primary security line partner, at an aerodrome must close and lock any door, gate or other device, other than an emergency exit, if
(a) the partner or lessee has control of and responsibility for the door, gate or other device; and
(b) the door, gate or other device allows access between a restricted area and a non-restricted area.
Marginal note:Emergency exit system
(2) A primary security line partner who occupies an area on an aerodrome’s primary security line must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area, if
(a) the partner has control of and responsibility for the emergency exit; and
(b) the emergency exit allows access between a restricted area and a non-restricted area.
Marginal note:Temporary use or control
445 Any person at an aerodrome who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.
Marginal note:Uncontrolled restricted area access point
446 Unless an authorized person is controlling access between a restricted area and a non-restricted area at an aerodrome, a person who enters or leaves the restricted area must
(a) lock the door, gate or other device that allows access to or from the restricted area; and
(b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.
Marginal note:Preventing locking
447 A person at an aerodrome must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.
Marginal note:Emergency exits
448 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless
(a) the person is authorized by the operator of the aerodrome to open it; or
(b) there is an emergency.
Unauthorized Access
Marginal note:Prohibition
449 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.
Marginal note:Restricted areas
(2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 and 7 are met.
Marginal note:Non-public areas other than restricted areas
(3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.
Marginal note:Non-public areas other than restricted areas
(4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.
SOR/2014-153, s. 33.
Previous Version
Inspectors
Marginal note:Requirement to allow access
450 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.
SOR/2012-48, s. 30.
DIVISION 7Documents of Entitlement
Marginal note:Division overview
451 This Division sets out provisions respecting documents of entitlement.
SOR/2012-48, s. 31.
Marginal note:List of documents
452 (1) Only the following documents are documents of entitlement at an aerodrome:
(a) a restricted area pass;
(b) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;
(c) a passenger escort form that is approved by the operator of the aerodrome;
(d) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and
(e) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.
Marginal note:Pilot’s licence
(2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and
(a) is acting in the course of their employment; or
(b) requires access to an aircraft that they own or operate.
SOR/2012-48, s. 31;
SOR/2014-153, s. 34.
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DIVISION 8Airport Security Programs
Overview
Marginal note:Division overview
453 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.
SOR/2014-153, s. 35.
Previous Version
Interpretation
Marginal note:Processes and procedures
454 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.
SOR/2014-153, s. 35.
Previous Version
Airport Security Program Requirements
Marginal note:Requirement to establish and implement
455 (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 425;
(b) the aerodrome security personnel training referred to in sections 426 and 427;
(c) the security committee or other working group or forum referred to in section 458;
(d) if applicable, the airport security risk assessment referred to in section 461;
(e) if applicable, the strategic airport security plan referred to in section 466;
(f) the menu of additional safeguards referred to in section 472;
(g) the emergency plan referred to in section 474; and
(h) the security exercises referred to in sections 475 and 476.
SOR/2012-48, ss. 32, 65(F);
SOR/2014-153, s. 35.
Previous Version
Marginal note:Documentation
456 (1) The operator of an aerodrome must
(a) keep documentation related to its menu of additional safeguards and any amendment to it for at least five years;
(b) if applicable, keep documentation related to its airport security risk assessment and any review of it for at least five years;
(c) if applicable, keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and
(d) 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.
SOR/2014-153, s. 35.
Previous Version
Marginal note:Requirement to amend
457 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.
SOR/2014-153, s. 35.
Previous Version
Security Committee
Marginal note:Security committee
458 (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.
SOR/2014-153, s. 35.
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Requirements that Apply only if an Amendment to Schedule 3 or a Ministerial Order is made: Airport Security Risk Assessments and Strategic Airport Security Plans
Marginal note:Application
459 (1) Subject to section 460, sections 461 to 471 apply to the operator of an aerodrome if
(a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 3 after the name of the aerodrome; or
(b) the Minister makes an order stating that sections 461 to 471 apply to the operator.
Marginal note:Minister’s authority
(2) The Minister is authorized to make orders stating that sections 461 to 471 apply to operators of aerodromes listed in Schedule 3.
SOR/2014-153, s. 35.
Marginal note:Transition
460 (1) Sections 461 and 462 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of
(a) the day on which an aviation security regulation adding an asterisk in Schedule 3 after the name of the aerodrome comes into force, and
(b) the day on which a ministerial order stating that sections 461 to 471 apply to the operator comes into force.
Marginal note:Transition
(2) Sections 466 and 468 do not apply to the operator of an aerodrome until the day that is 22 months after the earlier of
(a) the day on which an aviation security regulation adding an asterisk in Schedule 3 after the name of the aerodrome comes into force, and
(b) the day on which a ministerial order stating that sections 461 to 471 apply to the operator comes into force.
SOR/2014-153, s. 35.
Marginal note:Airport security risk assessments
461 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.
SOR/2014-153, s. 35.
Marginal note:Submission for approval
462 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.
SOR/2014-153, s. 35.
Marginal note:Requirement to consult
463 The operator of an aerodrome must consult its security committee or other working group or forum 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.
SOR/2014-153, s. 35.
Marginal note:Airport security risk assessment — annual review
464 (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.
SOR/2014-153, s. 35.
Marginal note:Approval
465 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if
(a) the assessment meets the requirements of section 461;
(b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;
(c) the operator has considered the advice of its security committee or other working group or forum;
(d) the operator has considered all available and relevant information; and
(e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.
SOR/2014-153, s. 35.
Marginal note:Strategic airport security plans
466 The operator of an aerodrome must establish a strategic airport security plan that
(a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and
(b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment.
SOR/2014-153, s. 35.
Marginal note:Requirement to consult
467 The operator of an aerodrome must consult its security committee or other working group or forum when establishing its strategic airport security plan.
SOR/2014-153, s. 35.
Marginal note:Requirement to submit
468 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.
SOR/2014-153, s. 35.
Marginal note:Requirement to implement
469 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.
SOR/2014-153, s. 35.
Marginal note:Approval of plan
470 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if
(a) the plan meets the requirements of section 466;
(b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;
(c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;
(d) the risk-management strategy is in proportion to the risks it addresses;
(e) the operator has considered the advice of its security committee or other working group or forum;
(f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and
(g) the plan can be implemented without compromising aviation security.
SOR/2014-153, s. 35.
Marginal note:Amendments
471 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if
(a) the plan does not reflect the operator’s airport security risk assessment;
(b) 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;
(c) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or
(d) the operator identifies a deficiency in the plan.
Marginal note:Documentation — risk-management strategy
(2) If the operator of the aerodrome amends its risk-management strategy, the operator must document
(a) the reason for the amendment; and
(b) the factors that were taken into consideration in making that amendment.
Marginal note:Documentation — strategic airport security plan
(3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document
(a) the reason for the amendment; and
(b) the factors that were taken into consideration in making that amendment.
Marginal note:Submission of amendment
(4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.
Marginal note:Approval
(5) The Minister must approve an amendment if
(a) in the case of an amendment to the summary required under paragraph 466(a), the conditions set out in paragraphs 470(a) to (c) have been met; and
(b) in the case of an amendment to the risk-management strategy required under paragraph 466(b), the conditions set out in section 470 have been met.
Marginal note:Implementation
(6) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.
SOR/2014-153, s. 35.
Menu of Additional Safeguards
Marginal note:Requirement to establish
472 (1) The operator of an aerodrome must establish a menu of additional safeguards that are
(a) intended to mitigate heightened risk conditions in a graduated manner; and
(b) consistent with the operator’s legal powers and obligations.
Marginal note:Menu requirements
(2) The menu of additional safeguards must
(a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;
(b) allow the rapid selection of additional safeguards by activity type or location; and
(c) indicate the persons and organizations responsible for implementing each additional safeguard.
Marginal note:Activity types
(3) For the purposes of paragraphs (2)(a) and (b), the activity types must include
(a) access controls;
(b) monitoring and patrolling;
(c) communications; and
(d) other operational controls.
Marginal note:Locations
(4) For the purposes of paragraphs (2)(a) and (b), the locations must include
(a) public areas of the aerodrome;
(b) areas of the aerodrome that are not public areas but are not restricted areas; and
(c) restricted areas.
SOR/2014-153, s. 35.
Marginal note:Requirement to submit
473 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval.
SOR/2014-153, s. 35.
Marginal note:Approval
473.1 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if
(a) the menu meets the requirements of section 472;
(b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security;
(c) the additional safeguards can be implemented rapidly and consistently;
(d) the additional safeguards are consistent with existing rights and freedoms; and
(e) the additional safeguards can be implemented without compromising aviation security.
SOR/2014-153, s. 35.
Marginal note:Amendments
473.2 (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if
(a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;
(b) the operator identifies a deficiency in the menu; or
(c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.
Marginal note:Submission of amendment
(2) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval.
Marginal note:Approval
(3) The Minister must approve the amendment if the conditions set out in section 473.1 continue to be met.
SOR/2014-153, s. 35.
Emergency Plans
Marginal note:Plan requirements
474 (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;
(b) hijackings of aircraft; and
(c) other acts of unlawful interference with civil aviation.
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 detailed procedures for the evacuation of air terminal buildings;
(c) include 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.
SOR/2012-48, s. 33;
SOR/2014-153, s. 35.
Previous Version
Security Exercises
Marginal note:Operations-based security exercise
475 (1) The operator of an aerodrome must, at least once every four years, carry out an operations-based security exercise that
(a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
(b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.
Marginal note:Equivalency
(2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).
SOR/2012-48, s. 33;
SOR/2014-153, s. 35.
Previous Version
Marginal note:Discussion-based security exercise
476 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that
(a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
(b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.
Marginal note:Exception
(2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.
SOR/2012-48, s. 33;
SOR/2014-153, s. 35.
Previous Version
Marginal note:Notice
477 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.
SOR/2014-153, s. 35.
Records
Marginal note:Additional safeguards
478 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes
(a) a description of the additional safeguards that were implemented;
(b) an evaluation of the effectiveness of those additional safeguards; and
(c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.
Marginal note:Emergencies
(2) Each time an emergency referred to in subsection 474(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:Exercises
(3) 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.
SOR/2012-48, s. 33;
SOR/2014-153, s. 35.
Previous Version
Corrective Actions
Marginal note:Corrective actions
479 Subject to section 480, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that
(a) is identified to the operator by the Minister; or
(b) is identified by the operator.
SOR/2014-153, s. 35.
Previous Version
Marginal note:Corrective action plan
480 If a corrective action to be taken by the operator of an aerodrome under section 479 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out
(a) the nature of the vulnerability to be addressed;
(b) a rationale for the phased approach; and
(c) a timetable setting out when each phase of the corrective action plan will be completed.
SOR/2014-153, s. 35.
Previous Version
Primary Security Line Partners
Marginal note:Provision of information to operator of aerodrome
481 (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with
(a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and
(b) a document that
(i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
(ii) indicates the location of each restricted area access point in those areas, and
(iii) describes those restricted area access points.
Marginal note:Provision of information to Minister
(2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.
SOR/2014-153, s. 35.
Previous Version
[482 and 483 reserved]
Disclosure of Information
Marginal note:Prohibition
484 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.
SOR/2014-153, s. 35.
Previous Version
DIVISION 9Reserved
[485 to 494 reserved]
DIVISION 10Other Aerodrome Operations
Overview
Marginal note:Division overview
495 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.
SOR/2012-48, s. 34.
Construction Plans
Marginal note:Requirement to notify Minister
496 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.
Marginal note:Notice requirements
(2) The notice must
(a) be in writing;
(b) state the date on which the construction will begin or the change will be made; and
(c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.
SOR/2012-48, s. 34.
[497 to 504 reserved]
PART 7 Other Aerodromes
Overview
Marginal note:Part overview
505 This Part sets out the basic regulatory framework for security at aerodromes. However, this framework is not applicable in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.
SOR/2015-196, s. 6.
Previous Version
DIVISION 1Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices
Marginal note:Application
506 This Division applies in respect of aerodromes. However, this Division does not apply in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.
SOR/2015-196, s. 7.
Previous Version
Marginal note:Authorization
507 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if
(a) the explosive substance or incendiary device is to be used at the aerodrome
(i) for excavation, demolition or construction work,
(ii) in fireworks displays,
(iii) by persons operating explosives detection equipment or handling explosives detection dogs,
(iv) by a police service, or
(v) by military personnel; and
(b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.
DIVISION 2Threats and Incidents
Application
Marginal note:Application
508 This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve air carriers. This Division does not apply in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.
SOR/2014-153, s. 36;
SOR/2015-196, s. 8.
Previous Version
Threat Response
Marginal note:Area under operator’s control
509 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or that part of the aerodrome.
Marginal note:Area under control of other person
510 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately
(a) notify the person of the nature of the threat; and
(b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.
Marginal note:Specific threats
511 The operator of an aerodrome who determines that there is a specific threat that jeopardizes the security 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.
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 specific 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 specific 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 specific 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) of the Canadian Air Transport Security Authority Act.
SOR/2012-48, s. 35;
SOR/2014-153, s. 37;
SOR/2015-196, s. 9.
Previous Version
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.
SOR/2012-48, s. 35;
SOR/2014-153, s. 37.
Previous Version
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.
SOR/2012-48, s. 35;
SOR/2014-153, s. 37.
Previous Version
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.
SOR/2012-48, s. 35;
SOR/2014-153, s. 37.
Previous Version
[520 to 524 reserved]
PART 8 Aircraft 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 or 533.
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.
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.
SOR/2014-153, s. 38.
Previous Version
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).
SOR/2014-153, s. 39.
Previous Version
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.
SOR/2014-153, s. 40.
Previous Version
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.
Persons in the Custody of an Escort Officer
Marginal note: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.
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 specific 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:Specific threat to aircraft — air carriers
540 (1) An air carrier that determines that there is a specific 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:Specific 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 specific 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:Specific threat to facility or aerodrome — air carriers
542 (1) An air carrier that determines that there is a specific 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 an unloaded firearm that the air carrier authorized under section 531 or subsection 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);
(d) an explosion on an aircraft, unless the explosion is known to be the result of an accident;
(e) a specific 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 9 Reserved
[617 to 626 reserved]
PART 10 Reserved
[627 to 667 reserved]
PART 11 Reserved
[668 to 738 reserved]
PART 12 Reserved
[739 to 764 reserved]
PART 13 Ministerial 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
[SOR/2014-153, s. 41]
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) of the Canadian Air Transport Security Authority Act.
SOR/2014-153, s. 42;
SOR/2015-196, s. 10.
Previous Version
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.
SOR/2014-153, s. 42.
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.
SOR/2014-153, s. 42.
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.
SOR/2014-153, s. 42.
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.
SOR/2014-153, s. 42.
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.
SOR/2014-153, s. 42.
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.
SOR/2014-153, s. 42.
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.
SOR/2014-153, s. 42.
[786 to 796 reserved]
PART 14 Designated 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.
SOR/2014-153, s. 43.
Previous Version
PART 15 Transitional 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).
SOR/2014-153, s. 44.
Previous Version
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).
SOR/2014-153, s. 44.
Previous Version
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).
SOR/2014-153, s. 44.
Previous Version
804 [Repealed, SOR/2014-153, s. 44]
Previous Version
805 [Repealed, SOR/2014-153, s. 44]
Previous Version
806 [Repealed, SOR/2014-153, s. 44]
Previous Version
807 [Repealed, SOR/2014-153, s. 44]
Previous Version
SCHEDULE 1(Paragraph 2(d), sections 3, 6, 82, 83, 117, 273, 428, 505, 506 and 508, subsection 516(1) and section 778)
Class 1 Aerodromes
Name
ICAO Location Indicator
Calgary International
CYYC
Edmonton International
CYEG
Halifax (Robert L. Stanfield International)
CYHZ
Montréal International (Mirabel)
CYMX
Montréal (Montréal — Pierre Elliott Trudeau International)
CYUL
Ottawa (Macdonald-Cartier International)
CYOW
Toronto (Lester B. Pearson International)
CYYZ
Vancouver International
CYVR
Winnipeg (James Armstrong Richardson International)
CYWG
SOR/2012-48, s. 36;
SOR/2014-153, s. 45;
SOR/2015-196, s. 11.
Previous Version
SCHEDULE 2(Paragraph 2(e), sections 3, 246, 247 and 273, paragraph 351(1)(a), subsection 351(2), paragraphs 352(1)(a), (2)(a) and 3(a), sections 428, 505, 506 and 508, subsection 516(1) and section 778)
Class 2 Aerodromes
Name
ICAO Location Indicator
Charlottetown
CYYG
Fredericton International
CYFC
Gander International
CYQX
Greater Moncton International
CYQM
Iqaluit
CYFB
Kelowna
CYLW
London
CYXU
Prince George
CYXS
Québec (Jean Lesage International)
CYQB
Regina International
CYQR
Saint John
CYSJ
St. John’s International
CYYT
Saskatoon (John G. Diefenbaker International)
CYXE
Sudbury
CYSB
Thunder Bay
CYQT
Toronto (Billy Bishop Toronto City)
CYTZ
Victoria International
CYYJ
Whitehorse (Erik Nielsen International)
CYXY
Windsor
CYQG
Yellowknife
CYZF
SOR/2012-48, s. 37;
SOR/2014-153, ss. 46, 47(E), 48;
SOR/2015-196, s. 12.
Previous Version
SCHEDULE 3(Paragraph 2(f), sections 401, 402 and 428, paragraph 459(1)(a), subsection 459(2), paragraphs 460(1)(a) and (2)(a), sections 505, 506 and 508, subsection 516(1) and section 778)
Class 3 Aerodromes
Name
ICAO Location Indicator
Abbotsford International
CYXX
Alma
CYTF
Bagotville
CYBG
Baie-Comeau
CYBC
Bathurst
CZBF
Brandon Municipal
CYBR
Campbell River
CYBL
Castlegar (West Kootenay Regional)
CYCG
Charlo
CYCL
Chibougamau/Chapais
CYMT
Churchill Falls
CZUM
Comox
CYQQ
Cranbrook (Canadian Rockies International)
CYXC
Dawson Creek
CYDQ
Deer Lake
CYDF
Fort McMurray
CYMM
Fort St. John
CYXJ
Gaspé
CYGP
Goose Bay
CYYR
Grande Prairie
CYQU
Hamilton (John C. Munro International)
CYHM
Îles-de-la-Madeleine
CYGR
Kamloops
CYKA
Kingston
CYGK
Kitchener/Waterloo Regional
CYKF
Kuujjuaq
CYVP
Kuujjuarapik
CYGW
La Grande Rivière
CYGL
Lethbridge
CYQL
Lloydminster
CYLL
Lourdes-de-Blanc-Sablon
CYBX
Medicine Hat
CYXH
Mont-Joli
CYYY
Nanaimo
CYCD
North Bay
CYYB
Penticton
CYYF
Prince Albert (Glass Field)
CYPA
Prince Rupert
CYPR
Quesnel
CYQZ
Red Deer Regional
CYQF
Rivière-Rouge/Mont-Tremblant International
CYFJ
Roberval
CYRJ
Rouyn-Noranda
CYUY
St. Anthony
CYAY
Saint-Léonard
CYSL
Sandspit
CYZP
Sarnia (Chris Hadfield)
CYZR
Sault Ste. Marie
CYAM
Sept-Îles
CYZV
Smithers
CYYD
Stephenville
CYJT
Sydney (J. A. Douglas McCurdy)
CYQY
Terrace
CYXT
Thompson
CYTH
Timmins (Victor M. Power)
CYTS
Toronto/Buttonville Municipal
CYKZ
Val-d’Or
CYVO
Wabush
CYWK
Williams Lake
CYWL
Yarmouth
CYQI
SOR/2012-48, s. 38;
SOR/2014-153, s. 49;
SOR/2015-196, s. 13.
Previous Version
SCHEDULE 4(Sections 797 and 798)
Designated Provisions
Column 1
Column 2
Column 3
Designated Provision
Maximum Amount Payable ($)
Maximum Amount Payable ($)
Individual
Corporation
PART 1 — SCREENING
Subsection 5(1)
5,000
Subsection 5(2)
5,000
25,000
Paragraph 6(a)
3,000
10,000
Paragraph 6(b)
3,000
10,000
Subsection 8.1(2)
5,000
25,000
Subsection 8.3(1)
5,000
25,000
Subsection 8.3(2)
5,000
25,000
Subsection 8.4(1)
5,000
25,000
Subsection 8.5(1)
5,000
25,000
Subsection 10(1)
5,000
25,000
Subsection 10(2)
5,000
25,000
Section 14
5,000
Paragraph 15(a)
5,000
25,000
Paragraph 15(b)
5,000
25,000
Subsection 16(1)
3,000
10,000
Subsection 16(3)
3,000
10,000
Subsection 16(4)
3,000
10,000
Section 17
5,000
25,000
PART 2 — OTHER AIR TRANSPORT SECURITY FUNCTIONS OF CATSA
Subsection 56(1)
25,000
Subsection 56(2)
25,000
Section 57
25,000
Subsection 58(2)
25,000
Subsection 59(1)
25,000
Subsection 59(2)
25,000
Section 60
25,000
Section 61
25,000
Section 62
25,000
Subsection 63(1)
25,000
Subsection 63(2)
25,000
Subsection 63(3)
25,000
Subsection 63(4)
25,000
Subsection 64(1)
25,000
Subsection 64(2)
25,000
PART 3 — WEAPONS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES
Section 77
5,000
25,000
PART 4 — CLASS 1 AERODROMES
Division 1 — Prohibited Items
Subsection 86(1)
25,000
Division 2 — Threats and Incidents
Section 89
25,000
Paragraph 90(a)
25,000
Paragraph 90(b)
25,000
Section 91
25,000
Paragraph 92(a)
5,000
25,000
Paragraph 92(b)
5,000
25,000
Section 93
25,000
Section 94
10,000
Section 95
10,000
Division 3 — AVSEC Levels
Section 97
25,000
Section 98
10,000
Division 4 — Personnel and Training
Subsection 112(1)
25,000
Subsection 112(2)
25,000
Subsection 115(1)
25,000
Subsection 116(1)
25,000
Subsection 116(2)
25,000
Section 117
25,000
Subsection 118(1)
10,000
Subsection 118(2)
10,000
Subsection 118(3)
10,000
Division 5 — Facilitation of Screening
Section 121
25,000
Subsection 122(1)
25,000
Section 123
25,000
Section 123.1
25,000
Section 124
25,000
Section 125
25,000
Section 126
25,000
Division 6 — Access Controls
Section 128
25,000
Section 129
25,000
Section 130
25,000
Section 131
5,000
Section 132
25,000
Subsection 133(1)
25,000
Subsection 133(2)
25,000
Subsection 134(1)
5,000
25,000
Subsection 134(2)
5,000
25,000
Section 135
5,000
25,000
Section 136
5,000
Section 137
5,000
25,000
Section 138
5,000
25,000
Subsection 139(1)
5,000
Section 140
25,000
Division 8 — Enhanced Access Controls
Subsection 144(2)
25,000
Subsection 145(1)
25,000
Subsection 145(4)
25,000
Subsection 146(1)
25,000
Subsection 146(2)
25,000
Section 147
5,000
25,000
Paragraph 148(a)
5,000
25,000
Paragraph 148(b)
5,000
25,000
Section 149
25,000
Section 150
25,000
Section 151
25,000
Subsection 152(1)
25,000
Subsection 152(2)
25,000
Section 153
25,000
Section 154
25,000
Subsection 155(1)
25,000
Subsection 155(1.1)
25,000
Subsection 155(2)
25,000
Subsection 155(3)
25,000
Section 156
25,000
Section 157
5,000
25,000
Subsection 158(1)
25,000
Subsection 158(2)
5,000
25,000
Section 159
25,000
Section 161
25,000
Section 162
25,000
Subsection 163(1)
25,000
Subsection 163(2)
25,000
Subsection 163(3)
25,000
Subsection 163(4)
25,000
Section 164
25,000
Section 165
5,000
Subsection 166(1)
5,000
Subsection 167(1)
5,000
Subsection 167(2)
5,000
Section 168
25,000
Subsection 169(1)
25,000
Subsection 169(2)
25,000
Subsection 169(3)
25,000
Subsection 169(4)
25,000
Section 170
25,000
Paragraph 171(1)(a)
5,000
Paragraph 171(1)(b)
5,000
Paragraph 171(1)(c)
5,000
25,000
Paragraph 171(1)(d)
5,000
Paragraph 171(1)(e)
5,000
Paragraph 171(1)(f)
5,000
Paragraph 171(1)(g)
5,000
25,000
Paragraph 171(2)(a)
5,000
25,000
Paragraph 171(2)(b)
5,000
Subsection 172(1)
5,000
Subsection 172(2)
5,000
25,000
Section 173
5,000
25,000
Subsection 175(1)
5,000
Subsection 175(2)
5,000
Subsection 176(1)
5,000
25,000
Section 177
5,000
Section 178
25,000
Subsection 179(1)
25,000
Subsection 180(1)
25,000
Subsection 180(2)
25,000
Subsection 181(1)
5,000
Subsection 181(2)
5,000
Subsection 181(3)
5,000
25,000
Section 182
25,000
Subsection 183(2)
25,000
Section 184
25,000
Division 9 — Airport Security Programs
Subsection 191(1)
25,000
Paragraph 191(2)(a)
25,000
Paragraph 191(2)(b)
25,000
Paragraph 191(2)(c)
10,000
Paragraph 191(2)(d)
10,000
Paragraph 191(2)(e)
25,000
Paragraph 191(2)(f)
25,000
Paragraph 191(2)(g)
25,000
Paragraph 191(2)(h)
25,000
Paragraph 191(2)(i)
25,000
Paragraph 191(2)(j)
25,000
Paragraph 191(2)(k)
10,000
Paragraph 191(2)(l)
25,000
Paragraph 193(1)(a)
25,000
Paragraph 193(1)(b)
25,000
Paragraph 193(1)(c)
10,000
Subsection 193(2)
25,000
Section 194
25,000
Subsection 195(1)
10,000
Subsection 195(2)
10,000
Subsection 195(3)
10,000
Section 197
25,000
Section 198
25,000
Subsection 200(1)
25,000
Subsection 200(2)
25,000
Subsection 200(3)
25,000
Subsection 200(4)
25,000
Subsection 200(5)
25,000
Subsection 202(1)
25,000
Section 204
25,000
Section 205
25,000
Subsection 205.2(1)
25,000
Subsection 205.2(2)
25,000
Subsection 205.2(3)
25,000
Subsection 205.2(5)
25,000
Subsection 206(1)
25,000
Subsection 207(1)
25,000
Subsection 208(1)
25,000
Section 209
10,000
Subsection 210(1)
10,000
Subsection 210(2)
10,000
Subsection 210(3)
10,000
Section 211
25,000
Section 212
25,000
Section 213
5,000
25,000
Division 11 — Primary Security Line Partners
Subsection 226(1)
5,000
25,000
Subsection 226(2)
5,000
25,000
Paragraph 227(a)
5,000
25,000
Paragraph 227(b)
5,000
25,000
Paragraph 227(c)
5,000
25,000
Paragraph 227(d)
5,000
25,000
Paragraph 227(e)
5,000
25,000
Paragraph 227(f)
5,000
25,000
Paragraph 227(g)
5,000
25,000
Subsection 231(1)
5,000
25,000
Subsection 231(2)
5,000
25,000
Subsection 234(1)
5,000
25,000
Subsection 234(2)
5,000
25,000
Section 235
5,000
25,000
Section 235.1
5,000
25,000
Division 12 — Other Aerodrome Operations
Subsection 237(1)
25,000
Subsection 238(1)
25,000
Subsection 238(2)
25,000
PART 5 — CLASS 2 AERODROMES
Division 1 — Prohibited Items
Subsection 250(1)
25,000
Division 2 — Threats and Incidents
Section 253
25,000
Paragraph 254(a)
25,000
Paragraph 254(b)
25,000
Section 255
25,000
Paragraph 256(a)
5,000
25,000
Paragraph 256(b)
5,000
25,000
Section 257
25,000
Section 258
10,000
Section 259
10,000
Division 3 — AVSEC Levels
Section 261
25,000
Section 262
10,000
Division 4 — Personnel and Training
Subsection 270(1)
25,000
Subsection 270(2)
25,000
Subsection 271(1)
25,000
Subsection 272(1)
25,000
Subsection 272(2)
25,000
Section 273
25,000
Subsection 274(1)
10,000
Subsection 274(2)
10,000
Subsection 274(3)
10,000
Division 5 — Facilitation of Screening
Section 277
25,000
Subsection 278(1)
25,000
Section 279
25,000
Section 279.1
25,000
Section 280
25,000
Section 281
25,000
Section 282
25,000
Division 6 — Access Controls
Section 284
25,000
Section 285
25,000
Section 286
25,000
Section 287
5,000
Section 288
25,000
Subsection 289(1)
25,000
Subsection 289(2)
25,000
Subsection 290(1)
5,000
25,000
Subsection 290(2)
5,000
25,000
Section 291
5,000
25,000
Section 292
5,000
Section 293
5,000
25,000
Section 294
5,000
25,000
Subsection 295(1)
5,000
Section 296
25,000
Division 8 — Enhanced Access Controls
Subsection 300(2)
25,000
Subsection 301(1)
25,000
Subsection 301(4)
25,000
Subsection 302(1)
25,000
Subsection 302(2)
25,000
Section 303
5,000
25,000
Paragraph 304(a)
5,000
25,000
Paragraph 304(b)
5,000
25,000
Section 305
25,000
Section 306
25,000
Section 307
25,000
Subsection 308(1)
25,000
Subsection 308(2)
25,000
Section 309
25,000
Section 310
25,000
Subsection 311(1)
25,000
Subsection 311(1.1)
25,000
Subsection 311(2)
25,000
Subsection 311(3)
25,000
Section 312
25,000
Section 313
5,000
25,000
Subsection 314(1)
25,000
Subsection 314(2)
5,000
25,000
Section 315
25,000
Section 317
25,000
Section 318
25,000
Subsection 319(1)
25,000
Subsection 319(2)
25,000
Subsection 319(3)
25,000
Subsection 319(4)
25,000
Section 320
25,000
Section 321
5,000
Subsection 322(1)
5,000
Subsection 323(1)
5,000
Subsection 323(2)
5,000
Section 324
25,000
Subsection 325(1)
25,000
Subsection 325(2)
25,000
Subsection 325(3)
25,000
Subsection 325(4)
25,000
Section 326
25,000
Paragraph 327(1)(a)
5,000
Paragraph 327(1)(b)
5,000
Paragraph 327(1)(c)
5,000
25,000
Paragraph 327(1)(d)
5,000
Paragraph 327(1)(e)
5,000
Paragraph 327(1)(f)
5,000
Paragraph 327(1)(g)
5,000
25,000
Paragraph 327(2)(a)
5,000
25,000
Paragraph 327(2)(b)
5,000
Subsection 328(1)
5,000
Subsection 328(2)
5,000
25,000
Section 329
5,000
25,000
Subsection 331(1)
5,000
Subsection 331(2)
5,000
Subsection 332(1)
5,000
25,000
Section 333
5,000
Section 334
25,000
Subsection 335(1)
25,000
Subsection 336(1)
25,000
Subsection 336(2)
25,000
Subsection 337(1)
5,000
Subsection 337(2)
5,000
Subsection 337(3)
5,000
25,000
Section 338
25,000
Subsection 339(2)
25,000
Section 340
25,000
Division 9 — Airport Security Programs
Subsection 347(1)
25,000
Paragraph 347(2)(a)
25,000
Paragraph 347(2)(b)
25,000
Paragraph 347(2)(c)
10,000
Paragraph 347(2)(d)
10,000
Paragraph 347(2)(e)
25,000
Paragraph 347(2)(f)
25,000
Paragraph 347(2)(g)
25,000
Paragraph 347(2)(h)
25,000
Paragraph 347(2)(i)
25,000
Paragraph 347(2)(j)
25,000
Paragraph 347(2)(k)
10,000
Paragraph 347(2)(l)
25,000
Paragraph 348(1)(a)
25,000
Paragraph 348(1)(b)
25,000
Paragraph 348(1)(c)
25,000
Paragraph 348(1)(d)
10,000
Subsection 348(2)
25,000
Section 349
25,000
Subsection 350(1)
10,000
Subsection 350(2)
10,000
Subsection 350(3)
10,000
Section 354
25,000
Section 355
25,000
Subsection 357(1)
25,000
Subsection 357(2)
25,000
Subsection 357(3)
25,000
Subsection 357(4)
25,000
Subsection 357(5)
25,000
Section 359
25,000
Section 361
25,000
Section 362
25,000
Subsection 364(1)
25,000
Subsection 364(2)
25,000
Subsection 364(3)
25,000
Subsection 364(4)
25,000
Subsection 364(6)
25,000
Subsection 365(1)
25,000
Section 366
25,000
Subsection 366.2(1)
25,000
Subsection 366.2(2)
25,000
Subsection 366.2(3)
25,000
Subsection 367(1)
25,000
Subsection 368(1)
25,000
Subsection 369(1)
25,000
Section 370
10,000
Subsection 371(1)
10,000
Subsection 371(2)
10,000
Subsection 371(3)
10,000
Section 372
25,000
Section 373
25,000
Subsection 374(1)
5,000
25,000
Subsection 374(2)
5,000
25,000
Section 380
5,000
25,000
Division 11 — Other Aerodrome Operations
Subsection 392(1)
25,000
PART 6 — CLASS 3 AERODROMES
Division 1 — Prohibited Items
Subsection 405(1)
25,000
Division 2 — Threats and Incidents
Section 408
25,000
Paragraph 409(a)
25,000
Paragraph 409(b)
25,000
Section 410
25,000
Paragraph 411(a)
5,000
25,000
Paragraph 411(b)
5,000
25,000
Section 412
25,000
Section 413
10,000
Section 414
10,000
Division 3 — AVSEC Levels
Section 416
25,000
Section 417
10,000
Division 4 — Personnel and Training
Subsection 425(1)
25,000
Subsection 425(2)
25,000
Subsection 426(1)
25,000
Subsection 427(1)
25,000
Subsection 427(2)
25,000
Section 428
25,000
Subsection 429(1)
10,000
Subsection 429(2)
10,000
Subsection 429(3)
10,000
Division 5 — Facilitation of Screening
Section 432
25,000
Subsection 433(1)
25,000
Section 434
25,000
Section 435
25,000
Section 436
25,000
Subsection 438(1)
25,000
Division 6 — Access Controls
Section 439
25,000
Section 440
25,000
Section 441
5,000
Section 442
25,000
Subsection 443(1)
25,000
Subsection 443(2)
25,000
Subsection 444(1)
5,000
25,000
Subsection 444(2)
5,000
25,000
Section 445
5,000
25,000
Section 446
5,000
Section 447
5,000
25,000
Section 448
5,000
25,000
Subsection 449(1)
5,000
Section 450
25,000
Division 8 — Airport Security Programs
Subsection 455(1)
25,000
Paragraph 455(2)(a)
25,000
Paragraph 455(2)(b)
25,000
Paragraph 455(2)(c)
10,000
Paragraph 455(2)(d)
10,000
Paragraph 455(2)(e)
25,000
Paragraph 455(2)(f)
25,000
Paragraph 455(2)(g)
25,000
Paragraph 455(2)(h)
25,000
Paragraph 455(2)(i)
25,000
Paragraph 455(2)(j)
25,000
Paragraph 455(2)(k)
10,000
Paragraph 455(2)(l)
25,000
Paragraph 456(1)(a)
25,000
Paragraph 456(1)(b)
25,000
Paragraph 456(1)(c)
25,000
Paragraph 456(1)(d)
10,000
Subsection 456(2)
25,000
Section 457
25,000
Subsection 458(1)
10,000
Subsection 458(2)
10,000
Subsection 458(3)
10,000
Section 461
25,000
Section 462
25,000
Subsection 464(1)
25,000
Subsection 464(2)
25,000
Subsection 464(3)
25,000
Subsection 464(4)
25,000
Subsection 464(5)
25,000
Section 466
25,000
Section 468
25,000
Section 469
25,000
Subsection 471(1)
25,000
Subsection 471(2)
25,000
Subsection 471(3)
25,000
Subsection 471(4)
25,000
Subsection 471(6)
25,000
Subsection 472(1)
25,000
Section 473
25,000
Subsection 473.2(1)
10,000
Subsection 473.2(2)
25,000
Subsection 474(1)
25,000
Subsection 475(1)
25,000
Subsection 476(1)
25,000
Section 477
10,000
Subsection 478(1)
10,000
Subsection 478(2)
10,000
Subsection 478(3)
10,000
Section 479
25,000
Section 480
25,000
Subsection 481(1)
5,000
25,000
Subsection 481(2)
5,000
25,000
Section 484
5,000
25,000
Division 10 — Other Arodrome Operations
Subsection 496(1)
25,000
PART 7 — OTHER AERODROMES
Division 2 — Threats and Incidents
Section 509
5,000
25,000
Paragraph 510(a)
5,000
25,000
Paragraph 510(b)
5,000
25,000
Section 511
5,000
25,000
Paragraph 512(a)
5,000
25,000
Paragraph 512(b)
5,000
25,000
Section 513
5,000
25,000
Section 514
3,000
10,000
Section 515
3,000
10,000
Division 3 — Emergency Planning
Subsection 517(1)
5,000
25,000
Section 518
3,000
10,000
Subsection 519(1)
3,000
10,000
Subsection 519(2)
3,000
10,000
Subsection 519(3)
3,000
10,000
PART 8 — AIRCRAFT SECURITY
Subsection 539(1)
5,000
25,000
Subsection 539(2)
5,000
25,000
Subsection 540(1)
5,000
25,000
Subsection 540(2)
5,000
25,000
Subsection 540(3)
5,000
Subsection 541(1)
5,000
25,000
Subsection 541(2)
5,000
25,000
Subsection 542(1)
5,000
25,000
Subsection 542(2)
5,000
25,000
Subsection 543(1)
3,000
10,000
Subsection 543(2)
3,000
10,000
Section 544
5,000
25,000
Section 545
5,000
25,000
SOR/2012-48, ss. 39 to 64;
SOR/2014-153, ss. 50 to 74;
SOR/2014-161, ss. 3, 4.
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