Vol. 149, No. 14 — July 15, 2015

Registration

SOR/2015-181 June 30, 2015

SECURE AIR TRAVEL ACT

Secure Air Travel Regulations

P.C. 2015-1054 June 30, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 32 of the Secure Air Travel Act (see footnote a), makes the annexed Secure Air Travel Regulations.

SECURE AIR TRAVEL REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“Act”
« Loi »

“Act” means the Secure Air Travel Act.

“boarding pass”
« carte d’embarquement »

“boarding pass” includes a ticket or other document that is both accepted by an air carrier and approved by an aerodrome operator as confirmation of the holder’s status as a passenger on a flight.

APPLICATION

Application

2. These Regulations apply in respect of the following passenger-carrying flights if the passengers are subject to screening that is carried out — in Canada, by the Canadian Air Transport Security Authority or, in another country, by the person or entity responsible for the screening of persons and goods in that country — before boarding:

• (a) domestic flights that depart from Canadian aerodromes and that are conducted by air carriers under Subpart 5 of Part VII of the Canadian Aviation Regulations; and
• (b) international flights that depart from or will arrive at Canadian aerodromes and that are conducted by air carriers
  • (i) under Subpart 1 of Part VII of the Canadian Aviation Regulations using aircraft that have a maximum certificated take-off weight of more than 8 618 kg (19,000 pounds) or have a seating configuration, excluding crew seats, of 20 or more, or
  • (ii) under Subpart 5 of Part VII of the Canadian Aviation Regulations.

VERIFICATION OF IDENTITY

Identification — domestic flight

3. (1) An air carrier must accept only the following identification to verify the identity of a passenger for a domestic flight:

• (a) one piece of valid photo identification that is issued by a government authority and that shows the passenger’s name, date of birth and gender;
• (b) two pieces of valid identification that are issued by a government authority, at least one of which shows the passenger’s name, date of birth and gender; or
• (c) a restricted area identity card, as defined in section 3 of the Canadian Aviation Security Regulations, 2012.
  

Identification — international flight

(2) An air carrier must accept only the following identification to verify the identity of a passenger for an international flight:

• (a) one piece of valid photo identification that is issued by a government authority and that shows the passenger’s name, date of birth and gender; or
• (b) a restricted area identity card, as defined in section 3 of the Canadian Aviation Security Regulations, 2012.
  

Alternative forms of identification

4. Despite section 3, an air carrier may use alternative forms of identification — including employee identity cards, public transit passes and baptismal certificates — to verify the identity of a person for the purpose of sections 5 and 6 if the person presents documentation that is issued by a government authority or a police service and that attests to the loss or theft of the required identification.

Verification of name — boarding pass

5. (1) An air carrier must, before issuing a boarding pass to any person who appears to be 18 years of age or older, verify the identity of the person by comparing their name with the names of listed persons.

Verification — other information

(2) If the name of the person is the same as that of a listed person,

• (a) the air carrier must not allow the person to obtain a boarding pass at a kiosk or from the Internet; and
• (b) the air carrier must compare the name, date of birth and gender on the person’s identification to those of the listed person.

Duty to inform Minister of Transport

(3) If the name, date of birth and gender on the identification are the same as those of a listed person, the air carrier must immediately inform the Minister of Transport.

Boarding pass

(4) After informing the Minister of Transport, the air carrier must not issue a boarding pass to the person unless the Minister of Transport has informed the air carrier that a direction referred to in paragraph 9(1)(a) of the Act will not be made in respect of that person.

Verification — boarding gate

6. (1) An air carrier must, at a boarding gate for a flight, verify the age of each passenger taking the flight by looking at the passenger, and in particular their entire face, to determine if they appear to be 18 years of age or older.

Verification of identity

(2) The air carrier must verify the identity of each passenger who appears to be 18 years of age or older by

• (a) comparing the passenger, and in particular their entire face, with their identification; and
• (b) comparing the name on the passenger’s boarding pass with their identification.
  

Prohibition — transporting passenger

7. (1) It is prohibited for an air carrier to transport a passenger if

• (a) the passenger presents a piece of photo identification and does not resemble the photograph;
• (b) the passenger does not appear to be the age indicated by the date of birth on the identification presented;
• (c) the passenger does not appear to be of the gender indicated on the identification presented; and
• (d) the passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.

Exception

(2) Despite paragraph (1)(a), an air carrier may transport a passenger who presents a piece of photo identification but does not resemble the photograph if

• (a) the passenger’s appearance changed for medical reasons after the photograph was taken and the passenger presents the air carrier with a document signed by a health care professional that attests to that fact; or
• (b) the passenger’s face is bandaged for medical reasons and the passenger presents the air carrier with a document signed by a health care professional that attests to that fact.

Further verification

8. (1) If there is a major discrepancy between the name on the identification presented by a passenger and the name on the passenger’s boarding pass, an air carrier must compare the name, date of birth and gender on the identification with those of listed persons.

Duty to inform Minister of Transport

(2) If the name, date of birth and gender on the identification are the same as those of a listed person, the air carrier must immediately inform the Minister of Transport.

Prohibition

9. It is prohibited for an air carrier to transport a person

• (a) about whom the Minister of Transport has been informed under subsection 8(2), unless the Minister of Transport has informed the air carrier that a direction referred to in section 9 of the Act will not be made in respect of that person; or
• (b) about whom a direction has been made, unless the air carrier has complied with the direction.
  

Contact information — paragraph 9(1)(a) of Act

10. If a direction is made under paragraph 9(1)(a) of the Act in respect of a listed person, the Minister of Transport must provide the air carrier with contact information for the administrative recourse office of the Department of Public Safety and Emergency Preparedness and the air carrier must make that contact information available to the person.

INFORMATION

Responsibility of air carrier

11. An air carrier must ensure that any system it uses to comply with sections 5 to 8 uses only the most up-to-date information provided to the air carrier by the Minister of Transport respecting listed persons.

Removal of information

12. If the Minister of Transport informs an air carrier that a person is no longer a listed person, the air carrier must immediately remove all information respecting that person from any system it uses to comply with sections 5 to 8.

Access limited

13. An air carrier must ensure that

• (a) access to information respecting listed persons is restricted to air carrier employees, representatives or contractors who require the access to carry out their duties under the Act or these Regulations; and
• (b) access by those employees, representatives or contractors is limited to the extent necessary to carry out those duties.
  

Prohibition

14. It is prohibited for air carrier employees, representatives or contractors to use any information respecting a listed person except to the extent necessary to carry out their duties under the Act or these Regulations.

Record of persons with access

15. (1) An air carrier must keep an up-to-date record of all employees, representatives or contractors of the air carrier who have access to the list established under subsection 8(1) of the Act.

Provision of list to Minister of Transport

(2) The air carrier must provide the up-to-date record to the Minister of Transport on reasonable notice given by that Minister.

COMING INTO FORCE

August 1, 2015

16. These Regulations come into force on August 1, 2015.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations.)

Issues

Since 2007, the Passenger Protect Program, an air passenger identity screening program that operates on the basis of authorities in the Aeronautics Act, is supported by the requirements set out in the Identity Screening Regulations.

As part of its 2010 Response to the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182, the Government of Canada committed to enhancing the Passenger Protect Program (PPP), which currently screens air passengers to identify threats to aviation security and takes measures such as denial of boarding to mitigate those threats.

On January 30, 2015, the Secure Air Travel Act (SATA), included as part of Bill C-51, the Anti-Terrorism Act, 2015, was introduced in Parliament. This bill created a new stand-alone legal framework, the Secure Air Travel Act, that defines ministerial authorities under the PPP, expands the Program mandate, establishes authorities and safeguards with respect to information sharing, and defines the administrative recourse and judicial review mechanisms for the PPP. The bill provides the Minister of Public Safety and Emergency Preparedness (the Minister) the authority to establish a list of persons who may pose a threat to transportation security or who may travel by air for terrorism purposes, including to engage in terrorist attacks, recruitment or training.

In order for the Department of Public Safety and Emergency Preparedness to be able to administer and enforce the enhanced Passenger Protect Program under the SATA, the Secure Air Travel Regulations (SAT Regulations) are required and the Identity Screening Regulations must be repealed.

Background

The Passenger Protect Program is an important part of Canada’s aviation security framework. Transport Canada launched the Program in 2007 to protect aviation by denying boarding to any listed person whom the Minister of Transport determined was an immediate threat to aviation security. Since that time, the federal act and regulations governing the Passenger Protect Program have been the Aeronautics Act and the Identity Screening Regulations.

In February 2011, the Order in Council P.C. 2011-0034 transferred the responsibility for determining which individuals should be included on the list from the Minister of Transport to the Minister of Public Safety and Emergency Preparedness. This change better aligned the Passenger Protect Program’s structure with the responsibilities of each ministerial portfolio.

As noted above, the SATA is a stand-alone legal framework for the Passenger Protect Program. This new framework has introduced the authority of the Minister of Public Safety and Emergency Preparedness to issue directions to an air carrier, including respecting the denial of boarding to a listed person or the additional screening of a listed person before that listed person enters a sterile area of an airport (i.e. the portion of an airport to which access is limited to authorized persons) or boards an aircraft. These directions are issued to air carriers must be specific, reasonable and necessary to prevent a threat to transportation security or travel by air for the purpose of committing a terrorism offense. This new legal framework also includes authorities for sharing and protecting information and a legislative regime for a recourse mechanism for people affected by decisions made under the Passenger Protect Program.

Objectives

The objective of the SAT Regulations is to ensure that the Department of Public Safety and Emergency Preparedness and Transport Canada can administer and enforce the Passenger Protect Program under the SATA with respect to the verification of air passenger identity; and the use and protection of information provided to air carriers and operators of aviation reservation systems. By fulfilling this objective, the SAT Regulations will help fulfil the overarching goals of the legislation, which are to address both threats to transportation security and terrorist travel by air.

Description

The SAT Regulations essentially mirror the Identity Screening Regulations: only minor amendments are made to reflect the fact that the Minister of Public Safety and Emergency Preparedness has taken over certain responsibilities previously held by the Minister of Transport. For example, the terms “listed person” and “direction” replace “specified person” and “emergency direction.”

In accordance with the SATA, following the decisions made by the Minister of Public Safety and Emergency Preparedness, the Minister of Transport will continue to be responsible for communicating those decisions to air carriers and for conducting inspections to verify compliance related to the SATA and the SAT Regulations.

Like the Identity Screening Regulations, the SAT Regulations will continue to require air passengers who appear to be 18 years of age or older to present one piece of government-issued photo identification, a restricted area identity card, or, for a domestic flight, two non-photo pieces of government-issued identification at check-in and/or boarding to confirm their identity and verify if they are a listed person.

More specifically, the SAT Regulations will, in the same way as the Identity Screening Regulations, require air carriers to

• At check-in
  • Verify the identity of any person who appears to be 18 years of age or older before issuing a boarding pass by comparing each person’s name, with those of listed persons.
  • If the person’s name, matches that of a listed person, the air carrier must
    • compare the name, date of birth and gender on the person’s government-issued identification(s) to that of a listed person; and
    • prevent persons from obtaining a boarding pass at a kiosk or from the Internet.
  • Immediately inform Transport Canada when an individual presents an identification with name, date of birth and gender matching those of a listed person.
  • After informing the Minister of Transport of a match, not issue a boarding pass unless the Minister of Transport has informed the air carrier that a direction not to transport the person will not be issued.
• At the boarding gate
  • Verify the age of each passenger, by looking at their entire face, to determine if they appear to be 18 years of age or older.
  • If a passenger appears to be 18 or over, compare their appearance, in particular his or her entire face and name, with their identification.
  • Not transport the person if they do not resemble their photograph, gender or age on their identification or if there is a major discrepancy between different forms of identification presented.
  • If there is a major discrepancy between the name on the identification and the name on the boarding pass, then the air carrier must compare the name, date of birth and gender on the identification with those of listed persons.
    • If the name, date of birth and gender on the identification are the same as a listed person, the air carrier must immediately inform the Minister of Transport.
    • After informing the minister of Transport of a match, the air carrier may not transport such a person unless the Minister of transport has informed the air carrier that a direction will not be made or the air carrier has complied with a direction if one has been made.
• If the Minister of Public Safety and Emergency Preparedness has directed an air carrier to not transport the person, require the air carrier to provide the person with contact information for the administrative recourse office of the Department of Public Safety and Emergency Preparedness.
• Ensure that the systems used to ensure compliance with the SAT Regulations and the Act contains only the most up-to-date information respecting listed persons provided by the Minister of Transport.
• Immediately remove all information respecting a person that the Minister of Transport has informed an air carrier is no longer a listed person.
• Ensure that access to and use of information respecting listed persons is limited to air carrier employees or representatives who require that access to carry out their duties and only to the extent necessary to carry out their duties under the Act or the SAT Regulations.
• If an air carrier does not comply with designated provisions of the SAT Regulations, a monetary penalty may be administered. The maximum penalty for an individual is $5,000 and the maximum penalty for a corporation is $25,000.
• Designating regulatory provisions for enforcement by way of the administrative monetary penalty scheme benefits both Government and industry by avoiding costs associated with criminal prosecutions. The cost to individuals, industry and Government associated with enforcement of these requirements is assessed as lower than enforcement through the criminal court system and the outcome more expedient. Provisions that are designated under the Aeronautics Act have a maximum penalty of $25,000 for a corporation.
  In order to maintain the same enforcement scheme as what was in place under the Identity Screening Regulations, which will be repealed with the coming into force of these Regulations, consequential amendments to the Designated Provision Regulations are necessary for Transport Canada inspectors to enforce the SATA regime via an administrative monetary scheme for those provisions that will be designated.
• The Identity Screening Regulations will be repealed with the coming into force of these Regulations (August 1, 2015).

Overall, the Regulations continue to require that air carriers request that passengers present identification and verify the passenger’s identity. This remains consistent with procedures currently used by airlines today. As a result, these Regulations would not include any incremental costs or impact on airline carriers.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business. The SAT Regulations do not create any new obligations for airline carriers or other stakeholders.

Small business lens

The small business lens does not apply to this proposal, as there are no costs imposed on small business as a result of the Regulations.

Consultation

The SAT Regulations are based on the Identity Screening Regulations which were developed based on feedback from consultations with the public via focus groups and meetings with interested groups, such as civil liberties groups, community groups, industry groups, and multilateral groups such as the Advisory Group on Aviation Security (AGAS). Given that the SAT Regulations and the amendments to the Designated Provision Regulations do not have any incremental impact on stakeholders and are consequential to the promulgation of the SATA, no consultations were conducted.

Rationale

The SAT Regulations are an essential element of Canada’s aviation security framework. They ensure that the Department of Public Safety and Emergency Preparedness and Transport Canada can administer and enforce the Passenger Protect Program under the new stand-alone legal framework provided by the SATA.

The SAT Regulations mirror the Identity Screening Regulations: only minor amendments will be made to reflect the fact that the Minister of Public Safety and Emergency Preparedness has new authorities under the SATA, some of which were previously administered by Transport Canada. The Minister of Transport will continue, however, to be responsible for communicating the decisions of the Minister of Public Safety and Emergency Preparedness to air carriers and ensure compliance related to the SATA and the SAT Regulations.

Bill C-51 also included a consequential amendment to the Aeronautics Act that allows the Governor in Council to designate any provision of the SATA or any regulation or direction made under that Act as enforceable by means of monetary penalties. The Act also introduced an offence and punishment scheme in the SATA for certain provisions of the Act, e.g disclosing of the list of “listed persons.” These designated provisions mirror the same intent as the monetary penalties schedule of the Identity Screening Regulations.

As the SAT Regulations only reflect consequential amendments as a result of the SATA, practices prescribed by the SAT Regulations continue to be consistent with procedures currently used by airlines, and there are no new additional costs to industry. There is also no change in requirements for passengers or nor are there any additional costs to Government.

As the identity of every person who appears to be 18 years of age or older intending to board an aircraft will be verified for the purposes of the Passenger Protect Program, the SAT Regulations will reduce the risk of aviation security incident and the travel by air for the purpose or committing a terrorism offense. Overall, it is expected that SAT Regulations will continue to uphold the security of Canadians.

Implementation, enforcement and service standards

The amended Regulations will come into force on August 1, 2015.

Air carriers will be required to comply with and to implement the SAT Regulations.

Air carriers may call upon police agencies of local jurisdiction for security assistance, if required, when informing an individual that a direction has been issued denying them transportation.

Under the SATA, contraventions of the SATA and the SAT Regulations may be enforced by prosecution in the criminal courts or by the taking of administrative enforcement action, such as administrative monetary penalties. Transport Canada will continue to provide oversight and enforcement of the SATA and the SAT Regulations.

The Department of Public Safety and Emergency Preparedness will continue to work to ensure that the Passenger Protect Program is fair, equitable and effective. Transport Canada’s philosophy on enforcement of regulations stresses promoting compliance as the preferred means of achieving a secure aviation environment. Prosecutions will be reserved for the most serious cases. In this regard, Transport Canada will not hesitate to consider prosecution as a first response for serious contraventions, especially those contraventions that are committed wilfully or that threaten the security of air transportation.

Contact

Charles Arnott
Manager
Department of Public Safety and Emergency Preparedness
340 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613-990-4365
Email: charles.arnott@ps-sp.gc.ca

• Footnote a
  S.C. 2015, c. 20