Vol. 146, No. 7 — March 28, 2012

Registration

SOR/2012-48 March 15, 2012

AERONAUTICS ACT

Regulations Amending the Canadian Aviation Security Regulations, 2012 (Identity Screening and Aerodrome Security)

P.C. 2012-326 March 15, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71 (see footnote a) and 4.9 (see footnote b) and paragraphs 7.6(1)(a) (see footnote c) and (b) (see footnote d) of the Aeronautics Act (see footnote e), hereby makes the annexed Regulations Amending the Canadian Aviation Security Regulations, 2012 (Identity Screening and Aerodrome Security).

REGULATIONS AMENDING THE CANADIAN AVIATION SECURITY REGULATIONS, 2012 (IDENTITY SCREENING AND AERODROME SECURITY)

AMENDMENTS

1. Section 3 of the Canadian Aviation Security Regulations, 2012 (see footnote 1) is amended by adding the following in alphabetical order:

“document of entitlement”
« document d’autorisation »

“document of entitlement” means a document that serves as proof of authorization to enter a restricted area.

2. The Regulations are amended by adding the following after section 8:

IDENTITY SCREENING

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 if there is a heightened risk condition that can be mitigated by screening the identity of those persons at that checkpoint.

Notification

(2) A screening authority must notify the Minister before carrying out identity screening at a passenger screening checkpoint.

Definition of “required identification”

8.2 For the purposes of sections 8.3 and 8.4, “required identification” means

  1. (a) one piece of government-issued photo identification that shows the holder’s name, date of birth and gender;

  2. (b) two pieces of government-issued identification at least one of which shows the holder’s name, date of birth and gender; or

  3. (c) a restricted area identity card.

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.

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

  1. (a) by comparing the person, and in particular their entire face, against the required identification; and

  2. (b) by comparing the name on the person’s document of entitlement with the name on the required identification.

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.

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

  1. (a) screens the person’s identity using alternative forms of identification; and

  2. (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.

Examples

(2) Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.

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

  1. (a) the person presents a piece of photo identification and does not resemble the photograph;

  2. (b) the person does not appear to be the age indicated by the date of birth on the identification they present;

  3. (c) the person does not appear to be of the gender indicated on the identification they present;

  4. (d) the person presents more than one form of identification and there is a major discrepancy between those forms of identification; or

  5. (e) there is a major discrepancy between the name on the identification presented by the person and the name on their access document.

Medical exceptions

(2) Paragraph (1)(a) does not apply in respect of a person referred to in subsection 8.1(1) if

  1. (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

  2. (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.

3. The reference “[86 and 87 reserved] after section 85 of the Regulations is replaced by the following:

Availability of Prohibited Items

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.

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.

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.

[87 reserved]

4. Division 5 of Part 4 of the Regulations is replaced by the following:

DIVISION 5

FACILITATION OF SCREENING

Overview

Division overview

120. This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.

Screening of Passengers

False declaration notice

121. (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 that

  1. (a) they are 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 their possession or control or in goods that they have tendered or are tendering for screening or transportation; or

  2. (b) 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.

Official languages

(2) The notice must be clearly visible and be in at least both official languages.

Private screening facility

122. The operator of an aerodrome must make a facility available for the private screening of passengers.

Screening of Non-passengers

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.

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.

Explosives Detection Screening Checkpoints

Explosives detection screening checkpoints

125. (1) The operator of an aerodrome must make facilities available for explosives detection screening checkpoints.

Definition of “explosives detection screening checkpoint”

(2) For the purposes of this section, “explosives detection screening checkpoint” means an area of an aerodrome where the screening authority at the aerodrome uses screening equipment to screen carry-on baggage, checked baggage or baggage that is intended to be checked baggage.

Baggage Handling Systems

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.

5. The reference “[129 and 130 reserved]” before section 131 of the Regulations is replaced by the following:

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:

  1. (a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area;

  2. (b) manual locking equipment; and
  1. (c) automated access control equipment.

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.

6. The reference “[132 reserved]” after section 131 of the Regulations is replaced by the following:

Baggage Handling Systems

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.

7. The reference “[140 reserved]” after section 139 of the Regulations is replaced by the following:

Inspectors

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.

8. Division 7 of Part 4 of the Regulations is replaced by the following:

DIVISION 7

DOCUMENTS OF ENTITLEMENT

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.

List of documents

142. (1) Only the following documents are documents of entitlement at an aerodrome:

  1. (a) a restricted area identity card;

  2. (b) a temporary pass issued by the operator of the aerodrome;

  3. (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;

  4. (d) a passenger escort form that is approved by the operator of the aerodrome;

  5. (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

  6. (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

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

  1. (a) is acting in the course of their employment; and

  2. (b) holds a valid medical certificate of a category that is appropriate for that licence.

9. Section 165 of the Regulations is replaced by the following:

Unauthorized access prohibition

165. A person must not enter or remain in a restricted area unless the person

  1. (a) is a person to whom a restricted area identity card has been issued; or

  2. (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.

10. Paragraph 168(b) of the Regulations is replaced by the following:

  1. (b) a document of entitlement, other than a restricted area identity card, for the restricted area.

11. Subsection 191(2) of the Regulations is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):

  1. (m) establish an emergency plan;

  2. (n) carry out live exercises; and

  3. (o) carry out table-top exercises.

12. The reference “[196 to 210 reserved]” after section 195 of the Regulations is replaced by the following:

[196 to 205 reserved]

Emergency Plans

Plan requirements

206. (1) An emergency plan established by the operator of an aerodrome must set out the response procedures to be followed at the aerodrome for

  1. (a) bomb threats; and

  2. (b) hijackings of aircraft.

Details

(2) If applicable, the response procedures must include the following details:

  1. (a) the actions to be taken by the operator of the aerodrome, the police, the aerodrome control tower or flight service station, the emergency coordination centre, emergency response providers, air carriers and any other persons or organizations that are involved;

  2. (b) the procedures to be followed for the evacuation and search of air terminal buildings;

  3. (c) the procedures to be followed for the handling and disposal of a suspected bomb; and

  4. (d) the procedures to be followed for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Copy of plan

(3) The operator of an aerodrome must keep at least one copy of its emergency plan at the aerodrome.

Emergency Exercises

Live exercise

207. (1) A live exercise carried out by the operator of an aerodrome must involve the persons and organizations referred to in the operator’s emergency plan, in order to test the effectiveness of the plan in response to an act of unlawful interference with civil aviation.

Frequency

(2) A live exercise must be carried out at least once every three years.

Table-top exercise

208. (1) A table-top exercise carried out by the operator of an aerodrome must involve the persons and organizations referred to in the operator’s emergency plan, in order to test the effectiveness of the plan in response to an act of unlawful interference with civil aviation.

Frequency

(2) A table-top exercise must be carried out at least once a year.

Exception

(3) Despite subsection (2), the operator of an aerodrome is not required to carry out a table-top exercise in any year in which it carries out a live exercise.

[209 reserved]

Reports

210. The operator of an aerodrome must prepare a written report on each exercise that it carries out.

13. Division 12 of Part 4 of the Regulations is replaced by the following:

DIVISION 12

OTHER AERODROME OPERATIONS

Overview

Division overview

236. This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

Construction Plans

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.

Notice requirements

(2) The notice must

  1. (a) be in writing;

  2. (b) state the date on which the construction will begin or the change will be made; and

  3. (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.

United States Preclearance Areas

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.

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.

[239 to 245 reserved]

14. The reference “[250 and 251 reserved]” after section 249 of the Regulations is replaced by the following:

Availability of Prohibited Items

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.

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.

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.

[251 reserved]

15. Division 5 of Part 5 of the Regulations is replaced by the following:

DIVISION 5

FACILITATION OF SCREENING

Overview

Division overview

276. This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.

Screening of Passengers

False declaration notice

277. (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 that

  1. (a) they are 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 their possession or control or in goods that they have tendered or are tendering for screening or transportation; or

  2. (b) 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.

Official languages

(2) The notice must be clearly visible and be in at least both official languages.

Private screening facility

278. The operator of an aerodrome must make a facility available for the private screening of passengers.

Screening of Non-passengers

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.

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.

Explosives Detection Screening Checkpoints

Explosives detection screening checkpoints

281. (1) The operator of an aerodrome must make facilities available for explosives detection screening checkpoints.

Definition of “explosives detection screening checkpoint”

(2) For the purposes of this section, “explosives detection screening checkpoint” means an area of an aerodrome where the screening authority at the aerodrome uses screening equipment to screen carry-on baggage, checked baggage or baggage that is intended to be checked baggage.

Baggage Handling Systems

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.

16. The reference “[285 and 286 reserved]” before section 287 of the Regulations is replaced by the following:

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:

  1. (a) surveillance by a person authorized by the operator of the aerodrome to control access to the restricted area;

  2. (b) manual locking equipment; and

  3. (c) automated access control equipment.

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.

17. The reference “[288 reserved]” after section 287 of the Regulations is replaced by the following:

Baggage Handling Systems

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.

18. The reference “[296 reserved]” after section 295 of the Regulations is replaced by the following:

Inspectors

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.

19. Division 7 of Part 5 of the Regulations is replaced by the following:

DIVISION 7

DOCUMENTS OF ENTITLEMENT

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.

List of documents

298. (1) Only the following documents are documents of entitlement at an aerodrome:

  1. (a) a restricted area identity card;

  2. (b) a temporary pass issued by the operator of the aerodrome;

  3. (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;

  4. (d) a passenger escort form that is approved by the operator of the aerodrome;

  5. (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

  6. (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

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

  1. (a) is acting in the course of their employment; and

  2. (b) holds a valid medical certificate of a category that is appropriate for that licence.

20. Section 321 of the Regulations is replaced by the following:

Unauthorized access prohibition

321. A person must not enter or remain in a restricted area unless the person

  1. (a) is a person to whom a restricted area identity card has been issued; or

  2. (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.

21. Paragraph 324(b) of the Regulations is replaced by the following:

  1. (b) a document of entitlement, other than a restricted area identity card, for the restricted area.

22. Subsection 347(2) of the Regulations is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):

  1. (m) establish an emergency plan;

  2. (n) carry out live exercises; and

  3. (o) carry out table-top exercises.

23. The reference “[351 to 371 reserved]” after section 350 of the Regulations is replaced by the following:

[351 to 366 reserved]

Emergency Plans

Plan requirements

367. (1) An emergency plan established by the operator of an aerodrome must set out the response procedures to be followed at the aerodrome for

  1. (a) bomb threats; and

  2. (b) hijackings of aircraft.

Details

(2) If applicable, the response procedures must include the following details:

  1. (a) the actions to be taken by the operator of the aerodrome, the police, the aerodrome control tower or flight service station, the emergency coordination centre, emergency response providers, air carriers and any other persons or organizations that are involved;

  2. (b) the procedures to be followed for the evacuation and search of air terminal buildings;

  3. (c) the procedures to be followed for the handling and disposal of a suspected bomb; and

  4. (d) the procedures to be followed for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Copy of plan

(3) The operator of an aerodrome must keep at least one copy of its emergency plan at the aerodrome.

Emergency Exercises

Live exercise

368. (1) A live exercise carried out by the operator of an aerodrome must involve the persons and organizations referred to in the operator’s emergency plan, in order to test the effectiveness of the plan in response to an act of unlawful interference with civil aviation.

Frequency

(2) A live exercise must be carried out at least once every five years.

Table-top exercise

369. (1) A table-top exercise carried out by the operator of an aerodrome must involve the persons and organizations referred to in the operator’s emergency plan, in order to test the effectiveness of the plan in response to an act of unlawful interference with civil aviation.

Frequency

(2) A table-top exercise must be carried out at least once a year.

Exception

(3) Despite subsection (2), the operator of an aerodrome is not required to carry out a table-top exercise in any year in which it carries out a live exercise.

[370 reserved]

Reports

371. The operator of an aerodrome must prepare a written report on each exercise that it carries out.

24. Division 11 of Part 5 of the Regulations is replaced by the following:

DIVISION 11

OTHER AERODROME OPERATIONS

Overview

Division overview

391. This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

Construction Plans

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.

Notice requirements

(2) The notice must

  1. (a) be in writing;

  2. (b) state the date on which the construction will begin or the change will be made; and

  3. (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.

[393 to 400 reserved]

25. The reference “[405 and 406 reserved]” after section 404 of the Regulations is replaced by the following:

Availability of Prohibited Items

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.

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.

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.

[406 reserved]

26. Division 5 of Part 6 of the Regulations is replaced by the following:

DIVISION 5

FACILITATION OF SCREENING

Overview

Division overview

431. This Division sets out requirements respecting the facilitation of screening operations at an aerodrome.

Screening of Passengers

False declaration notice

432. (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 that

  1. (a) they are 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 their possession or control or in goods that they have tendered or are tendering for screening or transportation; or

  2. (b) 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.

Official languages

(2) The notice must be clearly visible and be in at least both official languages.

Private screening facility

433. The operator of an aerodrome must make a facility available for the private screening of passengers.

Notice for Non-passengers

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.

Explosives Detection Screening Checkpoints

Explosives detection screening checkpoints

435. (1) The operator of an aerodrome must make facilities available for explosives detection screening checkpoints.

Definition of “explosives detection screening checkpoint”

(2) For the purposes of this section, “explosives detection screening checkpoint” means an area of an aerodrome where the screening authority at the aerodrome uses screening equipment to screen carry-on baggage, checked baggage or baggage that is intended to be checked baggage.

Baggage Handling Systems

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.

27. The reference “[438 reserved]” after section 437 of the Regulations is replaced by the following:

Signs

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

  1. (a) be in at least both official languages;

  2. (b) identify the restricted area as a restricted area; and

  3. (c) state that access to the area is restricted to authorized persons.

Signs on security barriers

(2) The signs posted on a security barrier must be no more than 150 m apart.

28. The reference “[439 and 440 reserved]” before section 441 of the Regulations is replaced by the following:

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:

  1. (a) surveillance by a person authorized by the operator of the aerodrome to control access to restricted area;

  2. (b) manual locking equipment; and

  3. (c) automated access control equipment.

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.

29. The reference “[442 reserved]” after section 441 of the Regulations is replaced by the following:

Baggage Handling Systems

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.

30. The reference “[450 reserved]” after section 449 of the Regulations is replaced by the following:

Inspectors

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.

31. Division 7 of Part 6 of the Regulations is replaced by the following:

DIVISION 7

DOCUMENTS OF ENTITLEMENT

Division overview

451. This Division sets out provisions respecting documents of entitlement.

List of documents

452. (1) Only the following documents are documents of entitlement at an aerodrome:

  1. (a) a restricted area pass;

  2. (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;

  3. (c) a passenger escort form that is approved by the operator of the aerodrome;

  4. (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

  5. (e) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

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

  1. (a) is acting in the course of their employment; and

  2. (b) holds a valid medical certificate of a category that is appropriate for that licence.

32. Subsection 455(2) of the Regulations is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):

  1. (m) establish an emergency plan;

  2. (n) carry out live exercises; and

  3. (o) carry out table-top exercises.

33. The reference “[459 to 478 reserved]” after section 458 of the Regulations is replaced by the following:

[459 to 473 reserved]

Emergency Plans

Plan requirements

474. (1) An emergency plan established by the operator of an aerodrome must set out the response procedures to be followed at the aerodrome for

  1. (a) bomb threats; and

  2. (b) hijackings of aircraft.

Details

(2) If applicable, the response procedures must include, the following details:

  1. (a) the actions to be taken by the operator of the aerodrome, the police, the aerodrome control tower or flight service station, the emergency coordination centre, emergency response providers, air carriers and any other persons or organizations that are involved;

  2. (b) the procedures to be followed for the evacuation and search of air terminal buildings;

  3. (c) the procedures to be followed for the handling and disposal of a suspected bomb; and

  4. (d) the procedures to be followed for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Copy of plan

(3) The operator of an aerodrome must keep at least one copy of its emergency plan at the aerodrome.

Emergency Exercises

Live exercise

475. (1) A live exercise carried out by the operator of an aerodrome must involve the persons and organizations referred to in the operator’s emergency plan, in order to test the effectiveness of the plan in response to an act of unlawful interference with civil aviation.

Frequency

(2) A live exercise must be carried out at least once every five years.

Table-top exercise

476. (1) A table-top exercise carried out by the operator of an aerodrome must involve the persons and organizations referred to in the operator’s emergency plan, in order to test the effectiveness of the plan in response to an act of unlawful interference with civil aviation.

Frequency

(2) A table-top exercise must be carried out at least once a year.

Exception

(3) Despite subsection (2), the operator of an aerodrome is not required to carry out a table-top exercise in any year in which it carries out a live exercise.

[477 reserved]

Reports

478. The operator of an aerodrome must prepare a written report on each exercise that it carries out.

34. Division 10 of Part 6 of the Regulations is replaced by the following:

DIVISION 10

OTHER AERODROME OPERATIONS

Overview

Division overview

495. This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

Construction Plans

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.

Notice requirements

(2) The notice must

  1. (a) be in writing;

  2. (b) state the date on which the construction will begin or the change will be made; and

  3. (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.

[497 to 504 reserved]

35. The reference “[516 to 524 reserved]” after section 515 is replaced by the following:

DIVISION 3

EMERGENCY PLANNING

Application

Application

516. This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and are aerodromes where the following air carriers are served:

  1. (a) air carriers that conduct scheduled or non-scheduled services to or from an air terminal building at the aerodrome; and

  2. (b) air carriers that conduct scheduled international services from the aerodrome.

Emergency Plans and Exercises

Emergency plans

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

  1. (a) bomb threats; and

  2. (b) hijackings of aircraft.

Details

(2) If applicable, the response procedures must include the following details:

  1. (a) the actions to be taken by the operator of the aerodrome, the police, the aerodrome control tower or flight service station, the emergency coordination centre, emergency response providers, air carriers and any other persons or organizations that are involved;

  2. (b) the procedures to be followed for the evacuation and search of air terminal buildings;

  3. (c) the procedures to be followed for the handling and disposal of a suspected bomb; and

  4. (d) the procedures to be followed for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Table-top exercise

518. The operator of an aerodrome must, at least once a year, carry out a table-top exercise that involves the persons and organizations referred to in the operator’s emergency plan, in order to test the effectiveness of the plan in response to a bomb threat or a hijacking of an aircraft.

Reports

519. The operator of an aerodrome must prepare a written report on each exercise that it carries out and must make the reports available to the Minister on reasonable notice given by the Minister.

[520 to 524 reserved]

36. Schedule 1 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 1” with the following:

(Paragraph 2(d) and sections 3, 6, 82, 83, 505, 506, 508 and 516)

37. Schedule 2 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 2” with the following:

(Paragraph 2(e) and sections 3, 246, 247, 505, 506, 508 and 516)

38. Schedule 3 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 3” with the following:

(Paragraph 2(f) and sections 401, 402, 505, 506, 508 and 516)

39. Schedule 4 to the Regulations is amended by adding the following after the reference “Paragraph 6(b)”:

Column 1



Designated Provision		 Column 2

Maximum Amount Payable ($)
Individual		 Column 3

Maximum Amount Payable ($)
Corporation

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

40. Schedule 4 to the Regulations is amended by adding the following after the heading “PART 4 — CLASS 1 AERODROMES”:

Column 1



Designated Provision		 Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 1 — PROHIBITED ITEMS

    

Subsection 86(1)

  

25,000

41. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 114(2)”:

Column 1



Designated Provision		 Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 5 — FACILITATION OF SCREENING

    

Subsection 121(1)

  

25,000

Section 122

  

25,000

Section 123

  

25,000

Section 124

  

25,000

Subsection 125(1)

  

25,000

Section 126

  

25,000

42. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 128”:

Column 1



Designated Provision		 Column 2


Maximum Amount Payable ($) Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Section 129

  

25,000

Section 130

  

25,000

43. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 131”:

Column 1



Designated Provision		 Column 2

Maximum Amount Payable ($)
Individual		 Column 3

Maximum Amount Payable ($)
Corporation

Section 132

  

25,000

44. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 139(1)”:

Column 1



Designated Provision		 Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Section 140

  

25,000

45. Schedule 4 to the Regulations is amended by adding the following after the reference “Paragraph 191(2)( l )”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Paragraph 191(2)(m)

  

25,000

Paragraph 191(2)(n)

  

10,000

Paragraph 191(2)(o)

  

10,000

46. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 195(3)”:

Column 1



Designated Provision		 Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Subsection 206(3)

  

25,000

Section 210

  

10,000

47. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 235(1)”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 12 — OTHER AERODROME OPERATIONS

    

Subsection 237(1)

  

25,000

Subsection 238(1)

  

25,000

Subsection 238(2)

  

25,000

48. Schedule 4 to the Regulations is amended by adding the following after the heading “PART 5 — CLASS 2 AERODROMES”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 1 — PROHIBITED ITEMS

    

Subsection 250(1)

  

25,000

49. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 270(2)”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 5 — FACILITATION OF SCREENING

    

Subsection 277(1)

  

25,000

Section 278

  

25,000

Section 279

  

25,000

Section 280

  

25,000

Subsection 281(1)

  

25,000

Section 282

  

25,000

50. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 284”:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)
Individual

Column 3

Maximum Amount Payable ($)
Corporation

Section 285

  

25,000

Section 286

  

25,000

51. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 287”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual		 Column 3

Maximum Amount Payable ($)
Corporation

Section 288

  

25,000

52. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 295(1)”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Section 296

  

25,000

53. Schedule 4 to the Regulations is amended by adding the following after the reference “Paragraph 347(2)( l )”:

Column 1



Designated Provision		 Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Paragraph 347(2)(m)

  

25,000

Paragraph 347(2)(n)

  

10,000

Paragraph 347(2)(o)

  

10,000

54. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 350(3)”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Subsection 367(3)

  

25,000

Section 371

  

10,000

55. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 380”:

Column 1



Designated Provision		 Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 11 — OTHER AERODROME OPERATIONS

    

Subsection 392(1)

  

25,000

56. Schedule 4 to the Regulations is amended by adding the following after the heading “PART 6 — CLASS 3 AERODROMES”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 1 — PROHIBITED ITEMS

    

Subsection 405(1)

  

25,000

57. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 425(2)”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 5 — FACILITATION OF SCREENING

    

Subsection 432(1)

  

25,000

Section 433

  

25,000

Section 434

  

25,000

Subsection 435(1)

  

25,000

Section 436

  

25,000

Subsection 438(1)

  

25,000

58. Schedule 4 to the Regulations is amended by adding the following after the heading “DIVISION 6 — ACCESS CONTROLS”:

Column 1


Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Section 439

  

25,000

Section 440

  

25,000

59. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 441”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Section 442

  

25,000

60. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 449(1)”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Section 450

  

25,000

61. Schedule 4 to the Regulations is amended by adding the following after the reference “Paragraph 455(2)( l )”:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)
Individual

Column 3

Maximum Amount Payable ($)
Corporation

Paragraph 455(2)(m)

  

25,000

Paragraph 455(2)(n)

  

10,000

Paragraph 455(2)(o)

  

10,000

62. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 458(3)”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

Subsection 474(3)

  

25,000

Section 478

  

10,000

63. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 484”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 10 — OTHER ARODROME OPERATIONS

    

Subsection 496(1)

  

25,000

64. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 515”:

Column 1



Designated Provision 		Column 2

Maximum Amount Payable ($)
Individual 		Column 3

Maximum Amount Payable ($)
Corporation

DIVISION 3 — EMERGENCY PLANNING

    

Subsection 517(1)

5,000

25,000

Section 518

2,000

10,000

Section 519

2,000

10,000

65. The French version of the Regulations is amended by replacing “contractuels” with “entrepreneurs” in the following provisions:

  1. (a) paragraphs 191(2)(a) and (b);

  2. (b) paragraphs 347(2)(a) and (b); and

  3. (c) paragraphs 455(2)(a) and (b).

COMING INTO FORCE

66. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Aeronautics Act (the Act) authorizes the Minister of Transport (the Minister) to make certain specialized legislative instruments, including interim orders, to deal with an immediate threat, as well as security measures for requirements that must remain confidential. The Minister, however, is required to review these specialized instruments in order to either repeal them or replace them with public regulation on the same subject matter.

The amendments to the Canadian Aviation Security Regulations, 2012 (CASR, 2012) deal with integrating into regulation certain requirements from the following two instruments:

  • Interim Order No. 5 Respecting Passenger Identification and Behaviour Observation; and
  • Certain security measures applying to aerodromes.

Interim orders are made under subsection 6.41(1) of the Act, and security measures are made under subsection 4.72(1) of the Act. The process by which these legislative instruments are replaced with regulations is governed by subsections 6.41(3) and 4.72(3) of the Act respectively.

The Interim Order

An Interim Order Respecting Passenger Identification and Behaviour Observation (the Order) was made by the Minister of Transport on January 26, 2011. The passenger behaviour observation portion of the interim order authorized the Canadian Air Transport Security Authority (CATSA) to test a pilot program at the Vancouver International Airport. The identity screening portion of this Order authorized CATSA to screen persons by comparing the person, and in particular their entire face, against the required identification, and by comparing the name on the person’s boarding pass with the required identification, provided that the action is necessary to mitigate a heightened risk condition. In order to accommodate the special needs of travellers, the Order provides CATSA with flexibility when performing this type of screening. Interim orders are made pursuant to subsection 6.41(1) of the Act and are valid for 14 days.

The Minister signed subsequent interim orders on February 9, February 23, March 2 and March 14, 2011. On March 25, 2011, the Interim Order No. 5 Respecting Passenger Identification and Behaviour Observation was approved by the Governor in Council in accordance with subsection 6.41(3) of the Act.

The passenger behaviour observation portion of the interim order expired on November 14, 2011. The aim of the pilot was to provide Transport Canada and CATSA with sufficient data to judge the general effectiveness of the program design, identify lessons learned, and confirm that the program operations respect travellers’ privacy. The effectiveness of the program will be carefully assessed by Transport Canada to guide longer-term strategies.

The identity screening portion of the Order remains in force for one year or until regulations having the same effect are made. This form of screening is identical to what airlines are required to perform under the Identity Screening Regulations when passengers are boarding an aircraft. CATSA’s authority to perform identity screening will expire on March 14, 2012, unless the requirements are codified in regulations.

Codifying the Order is necessary to enable Canada to continue to fulfill its international and departmental responsibility to establish and implement regulations to safeguard civil aviation operations against acts of unlawful interference.

Integration of certain security measures applying to aerodromes

The Minister has the authority to make security measures under subsection 4.72(1) of the Act on any aviation security matter that may be regulated. Security measures are confidential and can only be made public if their publication would not compromise aviation security. The Minister reviews the security measures to fulfill his obligation under subsection 4.72(3) of the Act, and in the interest of transparency, there is a mechanism for the Minister to make public those security measures that he has determined would no longer compromise aviation security if disclosed.

On December 10, 2011, the Minister disclosed certain security measures regarding aerodromes through a notice in the Canada Gazette, Part Ⅰ. The Minister determined that the disclosure of these security measures would no longer compromise aviation security. As required under the Act, the Minister has one year to repeal the disclosed security measures or replace them with regulations.

While the substance of these disclosed security measures can be made public, the security need for the requirements remains in order to safeguard civil aviation operations against acts of unlawful interference, and enable Canada to continue meeting its international civil aviation security obligations. Transport Canada is therefore seeking to integrate these disclosed security measures into the CASR, 2012.

The disclosure of these security measures and their integration into the CASR, 2012 is part of Transport Canada’s comprehensive review of its aviation security legislative framework. The exercise of reviewing, disclosing and integrating security measures into regulation complies with subsection 4.72(3) of the Act and is consistent with the Cabinet Directive on Streamlining Regulation, which includes the goals of creating accessible, understandable, and responsive regulation through inclusiveness, transparency, accountability, and public scrutiny.

Description and rationale

The Interim Order

The amendments to the CASR, 2012 allow CATSA to screen persons who appear to be 18 years of age or older by comparing the person, in particular their entire face, against the required identification and by comparing the name on the person’s document of entitlement with the required identification if identity screening is necessary to mitigate a heightened risk condition.

The types of identification that may be verified by CATSA are identical to those already verified by air carriers under the Identity Screening Regulations. Like air carriers, CATSA is permitted to accept alternate documentation for passengers whose identification has been lost or stolen, and allowances exist for those passengers whose facial features may have been altered. Identification is still required in these circumstances; however, the passenger must also provide associated supporting documentation to CATSA. In essence, codification of this Order would enable CATSA to apply the exact same identification verification procedures at pre-board screening that airlines do before boarding but only if the procedures would mitigate a heightened aviation security condition.

If a passenger does not meet the above criteria, CATSA cannot allow that passenger to pass beyond the screening checkpoint. The concept of verifying identification at the pre-board screening checkpoint is consistent with elements of a program already in place by the United States Transportation Security Administration.

The Canadian public expects commercial air travel to be safe and secure. In an effort to meet this expectation, and to further safeguard aviation security, these amendments would allow CATSA to continue verifying identification at the screening checkpoint provided that the Minister is notified and only if there is a heightened risk condition that can be mitigated by carrying out this type of screening.

Verifying identification during heightened risk conditions is consistent with the risk-based approach to aviation security that Canada and other International Civil Aviation Organization (ICAO) countries are adopting. Heightened risk conditions could include threats to one or more flights, airlines, airports, or periods of operation and be determined by intelligence, flight destination, foreign country requirements, or the presence of VIPs. If a heightened risk condition was identified, CATSA would notify the Minister, document the condition, and begin verifying passenger identification. For example, if information became available that a particular flight at a particular airport may be a potential target, CATSA would notify the Minister that it intends to start verifying the identification of some or all of the passengers on that flight. By requesting that CATSA notify the Minister in advance, the department and CATSA can confirm that this form of screening is justified and appropriate to avoid unnecessarily impacting passenger screening operations.

Positively identifying passengers confirms that the person presenting themselves for screening is the same person presenting the identification and boarding pass. Performing this action at the pre-board screening checkpoint, if necessary to mitigate a heightened risk condition, is part of Canada’s multi-layered approach for aviation security and consistent with the Government of Canada’s risk- and performance-based regulatory approach.

The Government of Canada presently requires air carriers to verify every passenger’s identification prior to boarding an aircraft as part of the Passenger Protect Program; therefore, it is not reasonable under normal operations to require that all passengers who appear to be over the age of 18 present identification to CATSA at the pre-board screening checkpoint.

Integration of certain security measures applying to aerodromes

The nature of security measures is such that they must be made relatively quickly and be kept confidential in order to avoid compromising aviation security. However, circumstances can change such that the subject matter that was sensitive at the time a security measure was made becomes subsequently less sensitive. Therefore, the continued confidentiality of measures needs to be periodically reviewed and rationalized as prescribed under the Act.

Therefore, on December 10, 2011, the Minister of Transport published in the Canada Gazette, Part Ⅰ (www.gazette.gc.ca/rp-pr/ p1/2011/2011-12-10/pdf/g1-14550.pdf), the substance of certain security measures that, in the opinion of the Minister, did not compromise aviation security once made public. This publication was specifically intended to provide the required notice under the Act that the Minister had formed his opinion that these security measures could be disclosed. Following the notice of disclosure, the Act requires that security measures be repealed the earlier of one year after the notice of disclosure is published or the subject matter of the security measures is dealt with in public regulation.

All of the disclosed security measures establish requirements for aerodromes to safeguard civil aviation operations against acts of unlawful interference. These requirements have been implemented by aerodromes and monitored by Transport Canada for several years. While the substance of these disclosed security measures can be made public, the security need for the requirements remains in order to continually safeguard civil aviation operations against acts of unlawful interference, and to enable Canada to continue meeting its international aviation security obligations. The amendments integrate all of the disclosed security measures into the CASR, 2012.

The security measures that were disclosed require that restricted areas have appropriate signage, access control systems are accessible to inspectors in the course of their employment and other persons with specific documents of entitlement, and access to a baggage handling system is appropriately authorized; emergency plans and procedures to respond to bomb threats and hijackings of aircraft are in place, and emergency exercises are undertaken; notices are posted at screening checkpoints stating that it is an offence to falsely declare the carrying of a weapon, an explosive substance, or an incendiary device; facilities are provided for the private screening of passengers, the screening of non-passengers, and for explosives detection screening checkpoints; an armed police officer at a U.S. preclearance area is continuously present during hours of operation; non-passengers who access sterile areas are advised of any restrictions on the possession of liquids, gels or aerosols, and circumstances when certain prohibited items are permitted in a sterile area; and the Minister is notified of all plans to begin new construction or to effect a change to the physical security of the aerodrome if the construction or change relates to regulatory requirements.

Consultation

The Interim Order

Transport Canada consulted with stakeholders about the passenger identification concept and operation design principles at the Advisory Group on Aviation Security (AGAS) on November 25, 2009. AGAS members include representatives from airlines, airports, unions, associations, other government departments and CATSA. There were no comments made on the proposed concept.

On June 3, 2010, a teleconference with stakeholders was held to further discuss the concept and obtain feedback on identity verification. Stakeholders included representatives from Air Canada, WestJet, United Airlines and US Airways, who had no objections, although stakeholders did indicate that this form of screening should only be carried out using a risk-based approach to avoid unnecessarily impacting screening throughout.

On June 1, 2011, during the Security Screening Technical Committee meeting, stakeholders were notified of the Department’s intent to codify the identity screening portion of the Interim Order into permanent regulations by the spring of 2012, at which time no comments were received.

Integration of certain security measures applying to aerodromes

Prior to the disclosure of these security measures applying to aerodromes through the notice in the Canada Gazette, Part I, the Department consulted with affected industry stakeholders (airports and airlines), as well as other main stakeholders such as unions and key international partners. In general, no concerns were identified with respect to either the disclosure of these security measures or their integration into regulation. In some cases, the disclosure and integration of certain security measures into regulation may be helpful to stakeholders, as the requirements will be accessible by a broader group of aviation security industry stakeholders.

Implementation, enforcement and service standards

The Interim Order

Transport Canada provides rigorous oversight and enforcement of the Act and its related legislative instruments through a national network of aviation security inspectors. To promote compliance with aviation security legislation, a regular cycle of inspections of security activities is conducted at airports at a frequency based on risk assessment. Transport Canada has an inspection program in place in all regions of the country, including on-site security inspectors at nine international airports, which includes regular inspections, daily monitoring of security activities and investigation of complaints. Where compliance is not achieved or where there are flagrant violations, enforcement action may be taken in the form of administrative monetary penalties, judicial sanctions or the cancellation, suspension, or revocation of Canadian Aviation Documents.

Under the Act, the maximum monetary penalty that can be assessed for the contravention of a Regulation is $5,000 for individuals and $25,000 for corporations.

It is worthwhile to note that administrative monetary penalty schemes established under the Act for aviation security are similar to those under this Act for aviation safety as well as those contained in the Marine Transportation Security Act and the Canada Shipping Act, 2001, all of which are administered by Transport Canada. Other federal departments and agencies, including Health Canada and Agriculture and Agri-Food Canada, also rely on administrative monetary penalty schemes as an alternative to enforcing regulatory offences in the criminal courts.

Integration of certain security measures applying to aerodromes

Each of the disclosed security measures has already established requirements for aerodrome operators to safeguard civil aviation operations against acts of unlawful interference, and has been implemented by aerodrome operators and enforced by Transport Canada for several years. Therefore, the requirements have already been implemented, and enforcement and service standards will continue as when the requirements were dealt with through security measures.

Contact

Francine Massicotte
Chief
Aviation Security Regulations
Aviation Security
Regulatory Affairs
Transport Canada
330 Sparks Street, Tower C, 13th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-949-4349
Email: francine.massicotte@tc.gc.ca

Footnote a
S.C. 2004, c. 15, s. 5

Footnote b
S.C. 1992, c. 4, s. 7

Footnote c
S.C. 2004, c. 15, s. 18

Footnote d
S.C. 2004, c. 15, s. 18

Footnote e
R.S., c. A-2

Footnote 1
SOR/2011-318