Regulations Amending the Canadian Aviation Security Regulations, 2012 (Various Amendments): SOR/2022-92

Canada Gazette, Part II, Volume 156, Number 10

Registration
SOR/2022-92 May 2, 2022

AERONAUTICS ACT

P.C. 2022-448 April 29, 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 4.71^{footnote a} and paragraphs 7.6(1)(a)^{footnote b} and (b)^{footnote c} of the Aeronautics Act ^{footnote d}, makes the annexed Regulations Amending the Canadian Aviation Security Regulations, 2012 (Various Amendments).

Regulations Amending the Canadian Aviation Security Regulations, 2012 (Various Amendments)

Amendments

1 Paragraph 2(b) of the Canadian Aviation Security Regulations, 2012 ^{footnote 1} is replaced by the following:

(b) Part 2 deals with the CATSA security program;

2 The definition screening authority in section 3 of the Regulations is replaced by the following:

screening authority

means, as the context requires,

(a) CATSA;
(b) a screening contractor as defined in section 2 of the Canadian Air Transport Security Authority Act; or
(c) a screening officer. (administration de contrôle)

3 Section 5 of the Regulations and the heading before it are replaced by the following:

Application

Application

4.1 This Part applies 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(1.1) of the Canadian Air Transport Security Authority Act.

Screening Officers

Qualifications

5 (1) A screening authority must not permit a screening officer to screen persons or goods unless the screening officer

(a) is at least 18 years of age;
(b) is a Canadian citizen or a 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;
(e) has taken the training referred to in section 20 and, if applicable, the ongoing training referred to in section 23;
(f) has successfully completed the evaluation in accordance with section 22 and, if applicable, subsection 23(4), demonstrating their competence in the carrying out of their screening duties;
(g) is certified by the screening authority as meeting the requirements referred to in paragraphs (a) to (f); and
(h) is designated by the Minister under section 4.84 of the Act.

Supervision

(2) The 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).

Requalification — absence of more than a month

(3) If the screening officer is absent from work for more than one month but less than 18 months, the screening authority must ensure that, before the screening officer resumes their duties, the screening officer is evaluated and takes any necessary training on the training elements set out in section 20 to ensure their competency.

Requalification — absence of 18 months or more

(4) If the screening officer is absent from work for 18 months or more, the screening authority must ensure that the screening officer takes the training referred to in section 20 and is then evaluated to ensure their competency before they resume their duties.

Cancellation of certification

5.1 (1) The screening authority must cancel the certification granted to a person in accordance with paragraph 5(1)(g) if

(a) the person ceases to be employed as a screening officer;
(b) the person no longer meets the requirements set out in section 5 to conduct screening; or
(c) the person’s designation is cancelled by the Minister.

Notice to Minister

(2) The screening authority must notify the Minister when a screening officer’s certification is cancelled under paragraph (1)(a) or (b).

Corrective actions

5.2 (1) The screening authority must take corrective actions if a screening officer is unable to carry out their screening duties effectively.

Plan

(2) The corrective actions must include a plan that addresses any screening deficiencies.

Evaluation

(3) The screening authority must evaluate the screening officer to ensure the screening officer’s competency to carry out their duties effectively before they resume their duties.

Record

5.3 (1) The screening authority must create a training and certification record for each screening officer and make it available to the Minister on reasonable notice given by the Minister.

Record keeping

(2) The screening authority must keep the records for at least 90 days after the day on which the screening officer ceases to be employed.

4 Sections 8.1 to 8.3 of the Regulations are replaced by the following:

Definition of required identification

8.2 (1) For the purposes of sections 8.3 and 8.4, required identification means

(a) one piece of valid government-issued photo identification that shows the holder’s name and date of birth;
(b) two pieces of valid government-issued identification, at least one of which shows the holder’s name and date of birth; or
(c) a restricted area identity card.

Exclusion

(2) A document issued by a government for the purposes of fishing, hunting or boating is not required identification.

Identity screening — age

8.3 (1) A screening authority must not allow a person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person, in accordance with these Regulations and any applicable security measure, emergency direction or interim order, 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 — required identification

(2) A screening authority must not allow a person referred to in subsection (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, if applicable; and
(b) by comparing the name on the person’s document of entitlement with the name on the required identification.

5 The portion of subsection 8.4(1) of the Regulations before paragraph (a) is replaced by the following:

Lost or stolen identification

8.4 (1) If a person referred to in subsection 8.3(1) who appears to be 18 years of age or older presents documentation that is issued by a government or a police service and that attests 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

6 (1) Subsection 8.5(1) of the Regulations is replaced by the following:

Refusal of entry

8.5 (1) A screening authority must not allow a person referred to in subsection 8.3(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 presents more than one form of identification and there is a significant discrepancy between those forms of identification; or
(c) there is a significant discrepancy between the name on the identification presented by the person and the name on their document of entitlement.

(2) The portion of subsection 8.5(2) of the Regulations before paragraph (a) is replaced by the following:

Medical exceptions

(2) Paragraph (1)(a) does not apply in respect of a person referred to in subsection 8.3(1) if

7 Section 9 of the Regulations is repealed.

8 Section 13 of the Regulations is repealed.

9 The Regulations are amended by adding the following after section 14:

Screening of Checked Baggage

Use of force

14.1 If a piece of checked baggage is locked or sealed, a screening authority is authorized to use force when it is necessary to gain access to the contents of the piece of checked baggage for the purposes of screening.

Notice

14.2 (1) When a screening authority uses force to gain access to the contents of a piece of checked baggage that is being screened, the screening authority must notify the person who tendered the checked baggage that it was opened by force.

Record

(2) The screening authority must create a record of each instance in which force is used to gain access to the contents of a piece of checked baggage that is being screened.

Record keeping

(3) The screening authority must keep the record for at least 180 days.

Provision of record to Minister

(4) The screening authority must provide the record to the Minister on reasonable notice given by the Minister.

10 The reference “[18 to 54 reserved]” after section 17 of the Regulations is replaced by the following:

[18 and 19 reserved]

Training

Minimum training standards

20 A screening authority must establish and implement in a consistent manner across Canada a training program for screening officers. The training program must be composed of both theoretical and practical training and

(a) cover the responsibilities and duties of a screening officer, as well as screening processes;
(b) cover the safeguarding of civil aviation operations against acts of unlawful interference, as well as current and emerging aviation security threats and trends;
(c) cover the use of screening equipment, and include practical training using the screening equipment; and
(d) include on-the-job training provided and supervised by a person who has knowledge of and experience in screening.

Qualifications of instructor

21 The screening authority must ensure that an instructor who provides the training referred to in paragraphs 20(a) to (d)

(a) is at least 18 years of age;
(b) is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
(c) has a security clearance;
(d) has specialized knowledge of aviation security screening operations;
(e) has successfully completed instructor training on aviation security and the screening elements to be taught; and
(f) has knowledge of current and emerging aviation security threats and trends and of regulatory requirements related to screening.

Evaluation

22 (1) The screening authority must evaluate a screening officer candidate who has taken the training referred to in section 20 based on the following criteria:

(a) knowledge of the elements referred to in paragraphs 20(a) and (b); and
(b) the ability to operate screening equipment and apply the screening processes for persons and goods.

Evaluation — X-ray equipment

(2) If the screening is to be carried out using X-ray equipment, the evaluation referred to in paragraph (1)(b) must contain an X-ray component that includes

(a) the screening of goods that are listed or described in the general list of prohibited items, with an emphasis on explosive substances;
(b) the screening of goods that are arranged in a way that creates various levels of difficulty in identifying them; and
(c) the use of X-ray image enhancement tools.

Ongoing training program

23 (1) In order for a screening officer to maintain their knowledge and skills, the screening authority must have an ongoing training program that

(a) covers changes in screening processes, screening equipment and aviation security threats and trends; and
(b) includes a review of any screening issues and gaps.

Frequency

(2) The program must set out the frequency of ongoing training.

Qualified instructor

(3) The ongoing training must be provided by an instructor who meets the requirements set out in section 21.

Evaluation

(4) The screening authority must evaluate the knowledge and skills of the screening officer as soon as feasible.

Program and examinations

24 The screening authority must provide the Minister, on reasonable notice given by the Minister, with its screening officer training program and the examinations used for evaluations.

[25 to 29 reserved]

Screening Equipment

Screening equipment

30 (1) A screening authority must obtain the Minister’s approval before implementing any of the following measures:

(a) the use, on a trial basis, of new screening equipment or software;
(b) the modification of approved screening equipment or software; or
(c) the addition of new screening equipment or software.

Request for approval

(2) The screening authority must include the following information in the request for approval for the purposes of subsection (1):

(a) the reasons for the implementation of the measures and any supporting documentation from the manufacturer;
(b) a description of any proposed modifications to approved screening equipment or software;
(c) a list of the performance verification tools approved by the Minister that will be used; and
(d) documentation demonstrating that the detection performance of any modified equipment is maintained or enhanced.

Process — protection of sensitive information

31 (1) A screening authority must implement and maintain a process approved by the Minister for preventing the disclosure of sensitive information respecting aviation security when screening equipment or software is sold, destroyed or otherwise disposed of.

Amendment of process

(2) If the screening authority intends to amend the process, it must obtain the approval of the Minister before implementing the amended process.

[32 to 55 reserved]

11 The headings before section 55 of the Regulations and section 55 are repealed.

12 Subections 63(1) to (3) of the Regulations are replaced by the following:

Business continuity plan

63 (1) CATSA must develop and maintain a business continuity plan — to be implemented in the event that it is unable to use the identity verification system — that sets out

(a) how CATSA will maintain an equivalent level of security until normal operations are re-established, including the ability to meet the following objectives:
- (i) to receive security clearance information from the Minister,
- (ii) to activate and deactivate restricted area identity cards, and
- (iii) to allow the operator of an aerodrome to verify that a restricted area identity card is active or has been deactivated; and
(b) how CATSA will re-establish normal operations.

Implementation

(2) CATSA must implement its business continuity plan and immediately notify the Minister and any affected operator of an aerodrome if it discovers that it is unable to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii).

Delay notice

(3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if it discovers that it will be unable, for more than 24 hours, to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii) and must immediately inform the Minister and any affected operator of an aerodrome of how it will re-establish normal operations.

13 Subsection 64(1) of the Regulations is amended by striking out “and” after paragraph (e), by adding “and” after paragraph (d) and by repealing paragraph (f).

14 The reference “[65 to 75 reserved]” after section 64 of the Regulations is replaced by the following:

PART 2
CATSA Security Program

CATSA Security Program Requirements

Requirement to establish and implement

65 (1) CATSA must establish and implement a security program in order to safeguard information, equipment, information technology infrastructure, facilities and all other assets related to screening operations.

Program requirements

(2) As part of its security program, CATSA must

(a) develop a security policy statement that establishes an overall security commitment and direction and sets out the security objectives;
(b) establish and implement a security awareness program that promotes a culture of vigilance among its employees;
(c) conduct a security risk assessment in accordance with section 69;
(d) assess risk information and disseminate it within its organization for the purpose of facilitating informed decision-making about security;
(e) establish a strategic security plan in accordance with section 73;
(f) identify the security official referred to in subsection (3);
(g) subject to section 31, establish and implement a process for receiving, identifying, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access; and
(h) establish and implement a process for responding to security incidents and breaches.

Security official

(3) CATSA must have, at all times, at least one security official or acting security official who is responsible for acting as the principal contact between CATSA and the Minister with respect to the security program.

Documentation

66 (1) CATSA must keep

(a) documentation related to its security risk assessment and any review of it for at least five years;
(b) documentation related to its strategic security plan and any amendment to it for at least five years; and
(c) all other documentation related to its security program for at least two years.

Ministerial access

(2) CATSA must make the documentation available to the Minister on reasonable notice given by the Minister.

Requirement to amend

67 CATSA must amend its security program if it identifies a security risk that is not addressed by the program.

Committees

Multi-agency advisory committee

68 CATSA must be an active member of an aerodrome’s multi-agency advisory committee referred to in sections 196 and 353.

Security Risk Assessments

Security risk assessments

69 CATSA must have a security risk assessment that identifies and assesses the risks in respect of information, equipment, information technology infrastructure, facilities and all other assets related to screening operations and that includes the following elements:

(a) a threat assessment that evaluates the probability of a disruption to security screening services caused by an unauthorized access or an act or attempted act of unlawful interference;
(b) a criticality assessment that prioritizes the information, equipment, information technology infrastructure, facilities and all other assets related to screening operations that most require protection from acts and attempted acts of unlawful interference;
(c) a vulnerability assessment that considers the extent to which information, equipment, information technology infrastructure, facilities and all other assets related to screening operations are susceptible to loss or damage; and
(d) an impact assessment that, at a minimum, measures the consequences of a security screening incident or potential security screening incident in terms of
- (i) a decrease in public safety and security,
- (ii) financial and economic loss, and
- (iii) a loss of public confidence.

Submission for approval

70 (1) CATSA must submit its initial security risk assessment to the Minister for approval.

Submission — five years

(2) CATSA must submit a new security risk assessment to the Minister within five years after the date of the most recent approval.

Security risk assessment — annual review

71 (1) CATSA must conduct a review of its security risk assessment at least once a year.

Security risk assessment — other reviews

(2) CATSA must also conduct a review of its security risk assessment if

(a) it acquires new equipment, information technology infrastructure, facilities or any other new assets related to screening operations;
(b) it makes changes to security screening operations that could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;
(c) a change in regulatory requirements could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; or
(d) it identifies a vulnerability that is not addressed in the assessment or the Minister identifies such a vulnerability to CATSA.

Equivalency

(3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

Documentation

(4) When CATSA conducts a review of its security risk assessment, it must document

(a) any decision to amend or to not amend the assessment or the risk-management strategy;
(b) the reasons for that decision; and
(c) the factors that were taken into consideration in making that decision.

Notification

(5) CATSA must notify the Minister if, as a result of a review of its security risk assessment, it 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.

Approval

72 The Minister must approve a security risk assessment submitted by CATSA if

(a) the assessment meets the requirements of section 69;
(b) the assessment has been reviewed by an executive within CATSA who is responsible for security;
(c) CATSA has considered all available and relevant information; and
(d) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations.

Strategic Security Plans

Strategic security plans

73 (1) CATSA must establish a strategic security plan that

(a) summarizes its strategy to prepare for, detect, prevent, respond to and recover from threats identified in the security risk assessment; and
(b) includes a risk-management strategy that addresses the medium to high security risks identified and prioritized in its security risk assessment.

Submission for approval

(2) CATSA must submit its strategic security plan to the Minister for approval.

Approval of plan

(3) The Minister must approve a strategic security plan submitted by CATSA if

(a) the plan meets the requirements of subsection (1);
(b) the plan has been reviewed by an executive within CATSA who is responsible for security;
(c) the plan is likely to enable CATSA to prepare for, detect, prevent, respond to and recover from an unauthorized access to or acts or attempted acts of unlawful interference with information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;
(d) the risk-management strategy is in proportion to the risks it addresses;
(e) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; and
(f) the plan can be implemented without compromising security.

Implementation

(4) CATSA must, as soon as its strategic security plan is approved, implement its risk-management strategy.

Amendments

74 (1) CATSA may amend its strategic security plan at any time, but must do so if

(a) the plan does not reflect CATSA’s most recent security risk assessment;
(b) the Minister informs CATSA that there is a change in the threat environment that could result in a new or unaddressed medium to high risk to information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;
(c) CATSA identifies a deficiency in the plan; or
(d) the Minister informs CATSA that its risk-management strategy is not in proportion to a risk set out in its security risk assessment.

Documentation

(2) If CATSA amends its strategic security plan, it must document

(a) the reason for the amendment; and
(b) the factors that were taken into consideration in making that amendment.

Submission of amendment

(3) If CATSA amends its strategic security plan, it must, as soon as possible, submit the amendment to the Minister for approval.

Approval

(4) The Minister must approve an amendment if

(a) in the case of an amendment to the summary required under paragraph 73(1)(a), the conditions set out in paragraphs 73(3)(a) to (c) have been met; or
(b) in the case of an amendment to the risk-management strategy required under paragraph 73(1)(b), the conditions set out in paragraphs 73(3)(a) to (f) have been met.

Implementation

(5) If CATSA amends its risk-management strategy, it must implement the amended version of the strategy once it is approved by the Minister.

Disclosure of Information

Prohibition

75 A person other than the Minister must not disclose security-sensitive information that is created or used under this Part 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.

15 (1) Paragraph 145(1)(b) of the Regulations is repealed.

(2) Paragraphs 145(1)(h) and (i) of the Regulations are repealed.

(3) Subsection 145(2) of the Regulations is replaced by the following:

Expiration date

(2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, 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.

(4) Subsection 145(3) of the Regulations is repealed.

16 Section 158 of the Regulations is amended by adding the following after subsection (2):

Destruction of cards

(3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

17 Subsection 163(1) of the Regulations is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j):

(k) restricted area identity cards that have been destroyed.

18 Subsection 169(2) of the Regulations is replaced by the following:

Implementation

(2) The operator of the aerodrome must implement its business continuity plan and immediately 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.

19 (1) Paragraph 301(1)(b) of the Regulations is repealed.

(2) Paragraphs 301(1)(h) and (i) of the Regulations are repealed.

(3) Subsection 301(2) of the Regulations is replaced by the following:

Expiration date

(4) Subsection 301(3) of the Regulations is repealed.

20 Section 314 of the Regulations is amended by adding the following after subsection (2):

Destruction of cards

(3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

21 Subsection 319(1) of the Regulations is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j):

(k) restricted area identity cards that have been destroyed.

22 Subsection 325(2) of the Regulations is replaced by the following:

Implementation

23 (1) Paragraph 452.03(1)(b) of the Regulations is repealed.

(2) Paragraphs 452.03(1)(h) and (i) of the Regulations are repealed.

(3) Subsection 452.03(2) of the Regulations is replaced by the following:

Expiration date

(4) Subsection 452.03(3) of the Regulations is repealed.

24 Section 452.16 of the Regulations is amended by adding the following after subsection (2):

Destruction of cards

(3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

25 Subsection 452.21(1) of the Regulations is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j):

(k) restricted area identity cards that have been destroyed.

26 Subsection 452.27(2) of the Regulations is replaced by the following:

Implementation

27 Schedules 1 to 3 to the Regulations are replaced by the Schedules 1 to 3 set out in the schedule to these Regulations.

28 The reference “Subsection 5(1)” in column 1 of Schedule 4 to the Regulations and the corresponding amount in columns 2 and 3 are replaced by the following:
Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
Subsection 5(1)		25,000

29 Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 5(2)”:
Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
Subsection 5(3)		25,000
Subsection 5(4)		25,000
Subsection 5.1(1)		25,000
Subsection 5.1(2)		25,000
Subsection 5.2(1)		25,000
Subsection 5.2(2)		25,000
Subsection 5.2(3)		25,000
Subsection 5.3(1)		10,000
Subsection 5.3(2)		10,000

30 The reference “Subsection 8.1(2)” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in columns 2 and 3 are repealed.

31 Schedule 4 to the Regulations is amended by adding the following after the reference “Section 14”:
Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
Subsection 14.2(1)	5,000	25,000
Subsection 14.2(2)	5,000	25,000
Subsection 14.2(3)	5,000	25,000
Subsection 14.2(4)	5,000	25,000

32 Schedule 4 to the Regulations is amended by adding the following after the reference “Section 17”:
Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
Section 20		25,000
Section 21		25,000
Paragraph 22(1)(a)		25,000
Paragraph 22(1)(b)		25,000
Paragraph 22(2)(a)		25,000
Paragraph 22(2)(b)		25,000
Paragraph 22(2)(c)		25,000
Subsection 23(1)		25,000
Subsection 23(2)		25,000
Subsection 23(3)		25,000
Subsection 23(4)		25,000
Section 24		25,000
Subsection 30(1)		25,000
Subsection 31(1)		25,000
Subsection 31(2)		25,000

33 The heading before the reference “Subsection 56(1)” of Schedule 4 to the Regulations is repealed.

34 Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 64(2)”:
Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
PART 2 — CATSA SECURITY PROGRAM
Subsection 65(1)		25,000
Paragraph 65(2)(a)		25,000
Paragraph 65(2)(c)		25,000
Paragraph 65(2)(f)		25,000
Paragraph 65(2)(g)		25,000
Paragraph 65(2)(h)		25,000
Subsection 65(3)		25,000
Paragraph 66(1)(a)		25,000
Paragraph 66(1)(b)		25,000
Paragraph 66(1)(c)		10,000
Subsection 66(2)		25,000
Section 67		25,000
Section 68		25,000
Section 69		25,000
Subsection 70(1)		25,000
Subsection 70(2)		25,000
Subsection 71(1)		25,000
Subsection 71(2)		25,000
Subsection 71(4)		25,000
Subsection 71(5)		25,000
Subsection 73(1)		25,000
Subsection 73(2)		25,000
Subsection 73(4)		25,000
Subsection 74(1)		25,000
Subsection 74(2)		25,000
Subsection 74(3)		25,000
Subsection 74(5)		25,000
Section 75	5,000	25,000

35 Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 158(2)”:
Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
Subsection 158(3)		25,000

36 Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 314(2)”:
Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
Subsection 314(3)		25,000

37 Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 452.16(2)”:
Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
Subsection 452.16(3)		25,000

38 The Regulations are amended by replacing “subsection 6(1)” with “subsection 6(1.1)” in the following provisions:

(a) paragraph 2(f);
(b) sections 401 and 402;
(c) sections 505 and 506;
(d) section 508;
(e) subsection 516(2); and
(f) section 778.

39 The Regulations are amended by replacing “name” with “International Civil Aviation Organization (ICAO) location indicator” in the following provisions:

(a) paragraph 351(1)(a);
(b) paragraphs 352(1)(a), (2)(a) and (3)(a);
(c) paragraph 459(1)(a); and
(d) paragraphs 460(1)(a) and (2)(a).

Coming into Force

40 (1) Subject to subsection (2), these Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

(2) Sections 14 and 34 come into force on January 1, 2023.

SCHEDULE

(Section 27)

SCHEDULE 1

(Paragraph 2(d), sections 6, 82, 83, 117, 273, 428, 505, 506 and 508, subsection 516(1) and section 778)

Class 1 Aerodromes
Column 1 Location	Column 2 International Civil Aviation Organization (ICAO) Location Indicator
Calgary	CYYC
Edmonton	CYEG
Halifax	CYHZ
Montréal	CYMX, CYUL
Ottawa	CYOW
Toronto	CYYZ
Vancouver	CYVR
Winnipeg	CYWG

SCHEDULE 2

(Paragraph 2(e), sections 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
Column 1 Location	Column 2 International Civil Aviation Organization (ICAO) Location Indicator
Charlottetown	CYYG
Fredericton	CYFC
Gander	CYQX
Iqaluit	CYFB
Kelowna	CYLW
London	CYXU
Moncton	CYQM
Prince George	CYXS
Québec	CYQB
Regina	CYQR
Saint John	CYSJ
St. John’s	CYYT
Saskatoon	CYXE
Sudbury	CYSB
Thunder Bay	CYQT
Toronto	CYTZ
Victoria	CYYJ
Whitehorse	CYXY
Windsor	CYQG
Yellowknife	CYZF

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
Column 1 Location	Column 2 International Civil Aviation Organization (ICAO) Location Indicator
Abbotsford	CYXX
Alma	CYTF
Bagotville	CYBG
Baie-Comeau	CYBC
Bathurst	CZBF
Brandon	CYBR
Campbell River	CYBL
Castlegar	CYCG
Charlo	CYCL
Chibougamau/Chapais	CYMT
Churchill Falls	CZUM
Comox	CYQQ
Cranbrook	CYXC
Dawson Creek	CYDQ
Deer Lake	CYDF
Fort McMurray	CYMM
Fort St. John	CYXJ
Gaspé	CYGP
Goose Bay	CYYR
Grande Prairie	CYQU
Hamilton	CYHM
Îles-de-la-Madeleine	CYGR
Kamloops	CYKA
Kingston	CYGK
Kitchener/Waterloo	CYKF
Kuujjuaq	CYVP
Kuujjuarapik	CYGW
La Grande Rivière	CYGL
La Macaza / Mont-Tremblant	CYFJ
Lethbridge	CYQL
Lloydminster	CYLL
Lourdes-de-Blanc-Sablon	CYBX
Medicine Hat	CYXH
Mont-Joli	CYYY
Nanaimo	CYCD
North Bay	CYYB
Penticton	CYYF
Prince Albert	CYPA
Prince Rupert	CYPR
Quesnel	CYQZ
Red Deer	CYQF
Roberval	CYRJ
Rouyn-Noranda	CYUY
St. Anthony	CYAY
Saint-Léonard	CYSL
Sandspit	CYZP
Sarnia	CYZR
Sault Ste. Marie	CYAM
Sept-Îles	CYZV
Smithers	CYYD
Stephenville	CYJT
Sydney	CYQY
Terrace	CYXT
Thompson	CYTH
Timmins	CYTS
Toronto	CYKZ
Val-d’Or	CYVO
Wabush	CYWK
Williams Lake	CYWL
Yarmouth	CYQI

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is no part of the regulations.)

Executive summary

Issues: As the aviation industry works to restore the public’s confidence and the safety of air travel during the recovery phase of the COVID-19 pandemic and the aviation landscape continues to evolve, regulatory amendments are needed to address aviation security stakeholder irritants and regulatory discrepancies; align identity screening requirements with the Secure Air Travel Regulations; and ensure that Canada continues to meet international obligations by establishing requirements for a security program and standards for screening officer training, certification and instructor qualifications.

Description: The Regulations Amending the Canadian Aviation Security Regulations, 2012 (Various Amendments) and the Regulations Amending the CATSA Aerodrome Designation Regulations accomplish the following:

Transfer the responsibility for cutting locks and seals on checked baggage from air carriers to the Canadian Air Transport Security Authority (CATSA);
Remove some of the information that needs to be included on a restricted area identity card (RAIC) issued to airport workers;
Update and clarify definitions and requirements;
Formalize the process for destroying RAICs when they are deactivated;
Formalize the process for CATSA to test or modify screening equipment and software;
Remove an outdated provision;
Align identity requirements with the Secure Air Travel Regulations;
Allow the Minister of Transport (the Minister), rather than CATSA, to determine when identity screening must be carried out;
Clarify that the management of the identity verification system is part of a screening service that falls under CATSA’s mandate;
Introduce standards for screening officer training and certification to better align with international standards and best practices; and
Introduce new requirements for CATSA to establish and implement a security program.

Rationale: The amendments will result in a present value cost savings of $20.39 million, with $18.13 million in savings to air carriers and $2.26 million in savings to operators of aerodromes, between 2022 and 2036. The amendments will also result in a total cost of $758,602, of which $753,166 will be incurred by CATSA and $5,435 by the Government of Canada. Overall, the amendments will strengthen Canada’s aviation security regulatory framework and further align domestic requirements with international standards and best practices.

Issues

As the aviation industry works to restore the public’s confidence and the safety of air travel during the recovery phase of the COVID-19 pandemic and the aviation landscape continues to evolve, regulatory amendments are needed to address aviation security stakeholder irritants and regulatory discrepancies related to RAICs and locked checked baggage; better align identity screening requirements with the Secure Air Travel Regulations to harmonize the verification of identity documents; clarify that the identity verification system is a CATSA screening function; and ensure that Canada continues to meet international obligations by establishing requirements for a security program and standards for screening officer training, certification and instructor qualifications.

Background

Security screening is an important element in ensuring the security of the air transportation system. CATSA was established in 2002 to take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening checkpoints, the goods in their possession or control, and the baggage they give to an air carrier for transport. Security screening requirements are regulated through the Aeronautics Act, the Canadian Aviation Security Regulations, 2012 (CASR 2012) and various security measures made pursuant to section 4.72 of the Aeronautics Act.

CATSA is a Crown corporation responsible for conducting screening in the following four areas at Canada’s designated airports or any other place, including any other aerodrome, designated by the Minister:

Pre-board screening of passengers and their belongings;
Hold baggage screening of passengers’ checked baggage;
Non-passenger screening of airport workers and their belongings; and
RAIC program where CATSA manages a secure biometric identity verification program that prevents unauthorized persons from accessing restricted areas of airports.

The CATSA Aerodrome Designation Regulations include a list of designated aerodromes where CATSA is mandated to provide these security screening services.

The various issues described in this section have been grouped together under the following three themes that the regulations will address: improving efficiencies, quality control and international standards.

Improving efficiencies

Stakeholders have identified some inefficiencies related to existing requirements and processes.

Locked checked baggage

Under paragraph 4.71(2)(d) of the Aeronautics Act, the Governor in Council may make regulations authorizing the use of force to gain access to goods that are intended to be taken or placed on board an aircraft. CATSA screens all checked baggage before it is placed on an aircraft. If additional screening is required, CATSA is able to search inside a bag if the bag is not locked or if it is locked with an approved lock that CATSA can unlock using special tools and then re-lock to secure the bag. If a bag is locked with a lock that CATSA cannot unlock, or if the bag is sealed with a cable tie or plastic wrap, CATSA must contact the airline. Under the existing regulatory framework, only air carriers can use force to gain access to goods that are intended to be taken or placed on board an aircraft. Air carriers become legally responsible for the care and control of checked baggage once they are presented to them for transport. An airline representative will then either cut the lock or seal so CATSA can search the inside of the bag or hold the bag at the departure airport until the passenger returns. This current process is inefficient as CATSA must wait until the air carrier is available to cut the lock or seal. Furthermore, if there is a delay with the airline representative reaching CATSA, a traveller may go to their destination without their bag.

During the 2018–2019 fiscal year, air carrier representatives were called to cut locks on almost 250 000 pieces of checked baggage. Air carriers have raised concerns with the costs associated with having to perform this task and have requested that it be transferred to CATSA. CATSA agrees that it would be more efficient for screening officers to perform this task, but a legal authority was required before CATSA could assume this responsibility.

Restricted area identity card

A restricted area identity card (RAIC) is a pass issued by the operator of an aerodrome that can be biometrically verified by the identity verification system to validate the identity of the RAIC holder and confirm that the card holder is permitted to access the restricted area. The CASR 2012 identify the information that must be printed on a RAIC, which includes the person’s name and height, the card’s expiry date, the name of the aerodrome where the card was issued, the name of the person’s employer, and the person’s occupation. When information on the card changes, a new card must be printed and the old card destroyed.

Operators have voiced their concerns over the costs associated with printing a new RAIC each time the information changes. To address this issue and reduce the number of cards that must be printed, airports have asked if some of the non-security-related information could be removed from the RAIC. More specifically, it was proposed that the following be removed: a person’s height, their occupation, and the term “multi-occupation” when the person has more than one occupation. The requirement to include a person’s height on a RAIC was introduced in 2006 to replicate what was in place for the Airport Restricted Area Pass Program. Maintaining this information on a RAIC was intended to facilitate the transfer to the new RAIC program. Today, the identity of a person and their access to a restricted area is determined by their biometrics (e.g. iris or fingerprint scan). With the use of biometrics, a person’s height is no longer a relevant indicator for access control.

The requirement to include a person’s occupation on a RAIC was necessary to satisfy some of the record-keeping requirements of the non-passenger screening program. From 2006 to 2014, CATSA was required to record a person’s occupation when a person selected for screening entered the restricted area without undergoing security screening. When the non-passenger screening program was enhanced in 2014, access control using the identity verification system became a requirement at each screening checkpoint. Because the information about a person’s occupation is stored in the identity verification system, it no longer needs to be printed on the RAIC.

A second concern was related to a RAIC that is issued for use at multiple airports. The multi-airport RAIC is only valid for one year, whereas a single-airport RAIC is valid for up to five years. When multi-airport RAICs were first introduced, there were concerns because the access control system was still new, so airports and TC decided that the validity period would be set at one year as a trial. Once it became clear that a person’s access could easily be controlled or even cancelled when a security clearance is revoked, airports petitioned TC to increase the validity period to five years, which will reduce the burden of printing these cards each year.

Quality control

Transport Canada (TC) identified some discrepancies between the changing aviation landscape and the regulatory framework, which has not kept pace with those changes.

For example, the definition of “screening authority” referred to a person who was responsible for screening persons and goods; however, it did not specifically refer to CATSA or another screening contractor as authorized in the Canadian Air Transport Security Authority Act. A definition that specifically identifies CATSA or another authorized contractor will ensure greater clarity and certainty about who is responsible for screening.

A provision in the CASR 2012 prohibited sharp or cutting instruments included in medical kits from passing beyond a screening checkpoint. In 2017, TC amended the Prohibited Items List to remove the prohibition on small knives because they were deemed to be low risk. Removing small knives from the list allowed CATSA to focus its resources on finding complex, artfully concealed or higher-risk items. As small knives have been removed from the Prohibited Items List, the provision that prohibits sharp or cutting instruments in medical kits was removed from the CASR 2012.

The CASR 2012 require the operator of an aerodrome to retrieve RAICs that have been deactivated. Deactivation occurs when a cardholder is no longer employed at the aerodrome or when a security clearance is suspended or revoked. Operators of aerodromes that have a RAIC program currently destroy these cards and maintain records as part of the administration of the program, but there was no requirement to do so.

Some of the identity requirements in the CASR 2012 did not align with the recently modified Secure Air Travel Regulations. The CASR 2012 did not expressly prevent a person from presenting invalid identity documents, such as expired government-issued identification and documents issued for fishing, hunting or boating.

Identity screening regulations required the verification of a person’s name, date of birth and gender. The CASR 2012 prevented persons from going beyond a screening checkpoint if they did not appear to be the age and gender indicated on their identification document. This subjective assessment made by a screening officer disproportionately impacted gender-diverse people if they had identity documents that did not match their lived gender.

Identity screening involves comparing the information on an identification document with the person at a screening checkpoint. Previously, the CASR 2012 allowed CATSA to determine when identity screening occurred. As it is the Minister who is responsible for aviation security under the Aeronautics Act, it should be the Minister who determines when, and sets the conditions under which, identity screening occurs.

Previously, when CATSA wanted to test, modify or add new screening equipment or software, it would follow a process established in accordance with a Memorandum of Understanding with TC. However, the Memorandum of Understanding is an administrative agreement that is not legally binding. Therefore, the Minister’s authority was limited to ensure that changes to screening equipment and software were carried out in a consistent manner and subject to consistent oversight and scrutiny.

Business continuity plans are implemented by CATSA when it discovers that it is unable to use the identity verification system and by the operator of an aerodrome when it is unable to use its restricted area access control process. In both situations, the Minister must be notified. The CASR 2012 did not specify a time frame for this notification to occur, which resulted in TC not being notified until well after the business continuity plans were implemented. This delayed notification meant that aviation security inspectors were not involved from the outset and were unable to verify early on if business continuity plans were properly executed.

When the identity verification system was first introduced in 2006, it was considered a security function. The system was initially put in place to meet international standards related to controlling access to restricted areas. When the non-passenger screening program was enhanced in 2014, the use of the identity verification system to verify a person’s identity through biometrics became more widespread at Canada’s designated airports. Part of CATSA’s mandate is to conduct screening of non-passengers who access restricted areas. Along with these enhancements, persons are only permitted to enter the restricted area at an access point where security screening and identity verification are carried out. The use of the identity verification system has become an extension of the screening process, as a person cannot enter the restricted area without having their identity verified.

The CASR 2012 incorrectly identified that the identity verification system is a security function that is not considered to be screening. In order to clarify that this screening function aligns with CATSA’s mandate, it was moved from Part 2 to Part 1 of the CASR 2012.

The airports listed in the schedule of the CATSA Aerodrome Designation Regulations were missing the International Civil Aviation Organization (ICAO) alphanumeric location indicators that designate each airport around the world (e.g. YOW for Ottawa and YUL for Montréal). Furthermore, some airport names in the schedules of the CATSA Aerodrome Designation Regulations and the CASR 2012 did not align. For example, one regulation indicated Toronto (City Centre) while the other indicated Toronto (Billy Bishop Toronto City), and one regulation indicated Cranbrook while the other indicated Cranbrook (Canadian Rockies International).

International standards

Canada is a Member State of ICAO and has an effective and internationally respected civil aviation security program. Canada is committed to aligning its domestic policy and regulations with the ICAO standards and recommended best practices to ensure the security and safety of Canada’s aviation system. Continuing these efforts solidifies Canada’s reputation as a respected member of ICAO and demonstrates Canada’s commitment to the safety and security of the aviation system.

Security program

ICAO calls on Member States in Annex 17 to the Convention on International Civil Aviation to set security program requirements for the aviation industry to establish, implement and maintain written security programs. Security programs strengthen the entire aviation security system by promoting a more comprehensive, coordinated and integrated approach throughout the industry. The evolving and adaptive nature of aviation security threats requires a modern aviation security regulatory framework to enable a more prepared and risk-based approach. While Canada has established security program requirements for airports, it has not yet established formal security program requirements for CATSA. The regulatory amendments will require CATSA to meet security program requirements, most of which are already met through an existing CATSA security management framework.

Training, certification and qualification

ICAO calls on Member States in Annex 17 to the Convention on International Civil Aviation to formally establish standards for the training and certification of screening officers and qualification standards for instructors who provide training to screening officers. Although CATSA maintains effective standards, these requirements were not set in regulations.

Designated provisions

The amendments include new designated provisions in the CASR 2012 in order to provide for the imposition of administrative monetary penalties as a means to enforce the CASR 2012. Historically, monetary penalties have proven to be an effective method to achieve regulatory compliance and are typically used as a last resort after all other options have been exhausted.

The Aeronautics Act provides that enforcement actions can be taken in the form of administrative monetary penalties pursuant to sections 7.6 to 8.2, and charges could be laid for the commission of an offence set out under subsection 7.3(3). Penalties are an effective and tangible way for TC to respond to non-compliance through an administrative process rather than a court hearing.

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

Objective

The objective of these regulatory amendments is to improve efficiencies by providing aviation security stakeholders with relief from long-standing irritants, enabling CATSA to continue to effectively carry out its security screening mandate, strengthening the regulatory framework by addressing discrepancies and formalizing existing procedures, and meeting international standards and best practices.

Description

Improving efficiencies

Locked checked baggage

The amendments transfer the responsibility for cutting locks and seals on checked baggage from air carriers to CATSA. This will save time by removing air carriers from the process and will result in cost savings for air carriers.

The amendments

authorize CATSA, rather than an air carrier, to cut locks and seals on checked bags that must be opened and searched for the purposes of aviation security screening;
require CATSA to notify the person who tendered the baggage that it used force to gain access to the checked baggage; and
require CATSA to keep a record of each instance when force is used to gain access to the contents of checked baggage.

Restricted area identity card (RAIC)

To reduce the cost of printing and issuing new cards, the amendments to the CASR 2012 ensure that only the information that is necessary and required for airport operations be displayed on a card.

The amendments remove the following information from a RAIC:

A person’s height; and
A person’s occupation if the person has a single occupation, or the term “multi-occupation” if the person has more than one occupation.

All the other information will continue to be displayed on the card, including the person’s employer. The person’s employer and occupation will continue to be recorded when the person applies for a transportation security clearance, a prerequisite to obtaining a RAIC. Removing the information from the RAIC will not have any negative day-to-day impacts on operations for cardholders, CATSA or airports because biometrics will remain the primary validation tool to verify a RAIC holder’s identity.

The amendments also change the validity period of a multi-airport RAIC from one year to five years to align with the validity period of a single airport RAIC.

Quality control

The following summarizes the amendments that update and clarify definitions and requirements, formalize existing procedures, align the schedules in two regulations, align identity requirements with those that were recently modified in the Secure Air Travel Regulations, and assert the Minister’s oversight role over identity screening and when screening equipment and software are tested or modified.

Update and clarify definitions and requirements, and formalize existing procedures

Amend the definition for “screening authority” to identify that it means, as the context requires, CATSA, a screening contractor or a screening officer;
Repeal the provision that prohibits sharp or cutting instruments in medical kits to align with the Prohibited Items List that allows small knives;
Codify into regulations existing procedures by which operators of aerodromes destroy RAICs that have been retrieved or returned to them;
Transfer the requirement to keep a record of RAICs that have been destroyed from CATSA to the operator of an aerodrome;
Move the identity verification system requirements that support the RAIC program from Part 2 to Part 1 to clarify that they are part of a screening service that falls under CATSA’s mandate;
Clarify that when CATSA implements its business continuity plan for the identity verification system, it must immediately notify the Minister; and
Clarify that when the operator of an aerodrome implements its business continuity plan for its access control system, it must immediately notify the Minister and CATSA.

Align schedules

The amendments update and align the schedules of the CASR 2012 and the CATSA Aerodrome Designation Regulations to remove the name of the airport and replace it with the name of the city as well as include the ICAO alphanumeric location indicator for each airport.

Align identity requirements in the CASR 2012 with the Secure Air Travel Regulations

The amendments specify that government-issued identification must be valid and that a document issued by a government for the purpose of fishing, hunting or boating is not acceptable identification.

The amendments remove all references to gender for the purpose of identity screening because gender will no longer be used to verify identity. This amendment aligns with the spirit of the Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices, in which one of the objectives is to promote the respect, inclusion and personal safety of transgender, non-binary and two-spirit individuals. Removing gender from the identity screening requirements will not weaken the integrity of the identity screening program nor is it expected to have an impact on security because other requirements used to confirm a person’s identity (e.g. name and resemblance to photo) will remain unchanged.

Similarly, the amendments will remove the obligation for CATSA, in certain circumstances, to deny a person from passing beyond a screening checkpoint if the person does not appear to be the age indicated on their identity document. It should be noted that CATSA will continue to verify that such persons appear to be 18 years of age or older; however, the date of birth indicated on their identification document will not be verified.

Assert the Minister of Transport’s oversight role over identity screening and screening equipment

The amendments specify that identity screening will be carried out for the purpose of aviation security in accordance with a security measure, an emergency direction or an interim order that will be determined by the Minister. Currently, identity screening occurs if there is a heightened risk condition that can be mitigated by screening the identity of certain persons at the checkpoint. While there is currently no intention to change the specific conditions for identity screening, the amendments ensure that any future changes to those conditions will be made by the Minister.

The amendments also prescribe that CATSA implement and maintain a Minister-approved process to obtain the Minister’s approval before testing, modifying, or adding new screening equipment or software. CATSA will be required to provide the Minister with a description and reason for the request, supporting documentation from the equipment or software manufacturer, information about the performance verification tools that will be used, and documentation demonstrating that the detection performance of any modified equipment is maintained or enhanced. These amendments will help to ensure that changes to screening equipment and software are carried out consistently and subject to the oversight and scrutiny of the Minister.

In addition, the amendments prescribe that CATSA must implement and maintain a Minister-approved process for the disposal of screening equipment and software to ensure consistency and to prevent the unintentional disclosure of sensitive information.

International standards

Canada endeavours to align its domestic policy and regulations with the established international standards, guidance and recommended best practices determined by ICAO. The amendments related to security program requirements align with what ICAO has determined to be key components of a security management system. The amendments that introduce standards for screening officer training and certification align with ICAO’s recommendations for officer recruitment, selection and training.

Internationally, the United States, Australia, New Zealand and the United Kingdom have legislated training program requirements that align with ICAO’s recommendations. Canada’s international partners have also established security program requirements that apply to their aviation security stakeholders. Their requirements represent a layered approach to meeting ICAO’s national civil aviation security program standards.

The amendments add requirements for a security program and introduce standards for screening officer training and certification.

Security program

An aviation security program builds capacity to respond to emerging or unforeseen aviation security threats and risks and is intended to help an organization manage and support aviation security in a way that is comprehensive, integrated, coordinated and risk-based. The regulatory amendments will require CATSA to meet security program requirements, most of which are already met through an existing CATSA security management framework. CATSA will be required to establish and implement a written security program to safeguard its information, equipment, information technology infrastructure, facilities and all other assets related to screening operations. CATSA will also be required to assess risk information and disseminate it within its organization and with the Minister of Transport. As part of the security program, the amendments require CATSA to

Develop and communicate a security policy statement that establishes an overall commitment and direction and sets out security objectives;
Establish and implement a security awareness program for its employees and screening contractors that promotes a culture of security vigilance and awareness;
Assess and disseminate risk information within its organization for the purpose of informed decision making;
Identify a security official who is the principal contact between CATSA and the Minister regarding the security program;
Require CATSA to be a member of the multi-agency advisory committee at airports;
Establish and implement a process for receiving, identifying, retaining, disclosing and disposing of sensitive information respecting aviation security in order to safeguard information and to protect it from unauthorized access;
Establish and implement a process for responding to security incidents and breaches;
Conduct a security risk assessment (reviewed at least once a year) that will include
- A threat assessment to evaluate the probability of a disruption to aviation security screening services caused by unauthorized access or an act or attempted act of unlawful interference,
- A criticality assessment to prioritize the information, equipment, information technology infrastructure, facilities and all other assets related to its screening operations that must require protection from acts and attempted acts of unlawful interference,
- A vulnerability assessment that considers the extent to which its information, equipment, information technology infrastructure, facilities and all other assets related to its screening operations are susceptible to loss or damage, and
- An impact assessment that measures the consequences of a security screening incident or potential security screening incident in terms of
  - a decrease in public safety and security,
  - financial and economic loss, and
  - a loss of public confidence;
Submit, for the Minister’s approval, the initial security risk assessment and a new one within five years after the date of the most recent approval;
Document any decision to amend or not to amend the risk assessment or risk-management strategy, the reasons for that decision and the factors that were taken into consideration when making that decision;
Establish and submit, for approval by the Minister, a strategic security plan that will
- summarize a strategy to prepare for, detect, prevent, respond to and recover from threats identified in the security risk assessment, and
- include a risk-management strategy that addresses the medium to high security risks identified and prioritized in its security risk assessment;
Document the reason for amendments made to the strategic plan and provide the plan to the Minister for approval;
Keep documents related to its security risk assessment and strategic security plan and any review or amendments to them for at least five years;
Keep all other documents related to its security program for at least two years; and
Make documents available to the Minister on reasonable notice given by the Minister.

Training, certification and qualification

The amendments replace the Designation Standards for Screening Officers, which were incorporated by reference in the CASR 2012, with new training requirements set out directly in the Regulations that align with CATSA’s current training program. These amendments

Require CATSA to establish and implement a training program for screening officers that includes theoretical, practical and evaluation components, as well as an ongoing training program that includes an evaluation component, where screening officers can maintain their expertise and continue to learn;
Require CATSA to provide its training program to the Minister upon request;
Ensure that records are kept on screening officer training and certification, and made available to the Minister upon request;
Introduce minimum certification and decertification standards that CATSA must meet when training, assessing and certifying screening officers;
Require CATSA to establish remedial measures that include an evaluation when screening officers are unable to carry out their screening duties effectively;
Require CATSA to implement a process that includes an evaluation for screening officers who are absent from work for extended periods of time; and
Introduce qualification requirements for instructors who provide training to screening officers.

Amendments to the designated provisions

The designated provisions identified in Schedule 4 of the CASR 2012 are made pursuant to section 7.6 of the Aeronautics Act. This allows the Minister to impose monetary penalties for the contravention of designated provisions and helps ensure that affected stakeholders comply with the regulated requirements.

Amendments to Schedule 4 were needed to add designated provisions for new requirements. More than half of the designated provisions are for the new security program requirements and the remaining provisions are for screening officer qualifications, certifications, training and examination; instructor qualifications; CATSA’s authority to use force to open checked bags that are locked or sealed; and for screening equipment and software that are new, tested or modified.

Regulatory development

Consultation

Transport Canada was approached by air carriers with a request to transfer the responsibility for cutting locks and seals on checked baggage from air carriers to CATSA. Initial consultations were held with aviation security stakeholders at the Security Screening Technical Committee and the Advisory Group on Aviation Security where airports, air carriers and CATSA are represented. CATSA determined that this change would benefit the screening process because CATSA screening officers will not have to wait for an air carrier representative to cut a lock or a seal. Although this change in responsibility would have no negative impact on passengers, TC launched a public consultation in June of 2019 to be open and transparent about its proposal. TC’s “Let’s Talk Transportation” website was used to propose the amendments and solicit feedback. Overall, the feedback was positive with industry stakeholders and the public indicating support for the changes.

In a letter, TC was asked by the Canadian Airports Council (CAC) to align the validity period of a multi-airport RAIC with the validity period of a standard RAIC. In 2018, during a review of the non-passenger screening program, working group members proposed the removal of non-security-related information from the RAIC to reduce the number of cards that must be printed. Following a review of the RAIC regulations and consulting with CATSA, it was determined that further modifications could be made to better align the regulations with today’s operations. Therefore, TC consulted with the CAC to determine the impact on airports if they were regulated to destroy RAICs and keep records of RAICs that are destroyed. After consulting with the affected airports, the CAC reported that airports are already destroying RAICs that are returned to them and keeping a record of them. Consequently, the amendments will have no impact on airports.

For the amendments that introduce screening officer training and certification standards and new requirements to establish and implement a security program, TC worked closely with CATSA throughout 2019. Both determined that the requirements for training and certification will formalize CATSA existing procedures and, as such, will have no impact on CATSA.

Transport Canada has been discussing security program requirements with aviation security stakeholders for several years through various consultation forums including the Advisory Group on Aviation Security. Adding security program requirements that focus on safeguarding information, equipment, information technology infrastructure, facilities and all other assets related to screening operations will strengthen CATSA’s existing security management framework.

Prepublication in the Canada Gazette, Part I

These amendments to the Canadian Aviation Security Regulations, 2012 (Various Amendments) and the CATSA Aerodrome Designation Regulations were prepublished in the Canada Gazette, Part I, on June 19, 2021, for a period of 30 days. No comments were received from stakeholders during this time. Therefore, no changes were deemed necessary to the amendments as originally proposed and they remain unchanged from prepublication.

COVID-19 pandemic

While the COVID-19 pandemic has severely impacted the aviation industry and CATSA has had to focus on adapting its screening operations to the pandemic environment, CATSA has continued to work closely with TC in order to prepare itself to meet the new requirements established in the amendments. CATSA has not raised concerns about the pandemic negatively affecting its ability to implement the amendments. Furthermore, many of CATSA’s current processes already meet several of the requirements.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, TC completed an assessment of modern treaty implications. No impacts on modern treaties have been identified. Likewise, the amendments are not expected to have a disproportionate impact on Indigenous groups.

Instrument choice

Regulatory amendments are needed to address existing requirements and align Canada’s regulations with international standards and best practices. Non-regulatory options would not have been sufficient, as existing requirements would have remained in place. For example, without regulatory amendments, airlines — as opposed to CATSA — would continue to be responsible for cutting locks and seals on checked baggage. Likewise, requirements for RAICs would remain unchanged. Similarly, non-regulatory options would not be sufficient to ensure that international standards related to security programs and officer qualifications are consistently adopted and enforced. Therefore, non-regulatory options were not considered.

Regulatory analysis

The amendments aim to ensure that CATSA continues to effectively carry out its security screening mandate, meet international obligations and increase efficiency for aviation security stakeholders. The amendments will result in an incremental cost of $753,166 to CATSA and $5,435 to the Government of Canada, for a total present-value cost of $758,602. In addition, the amendments will benefit operators of aerodromes and air carriers by improving inefficiencies from persisting irritants. The amendments are expected to result in a cost savings of $18.13 million to air carriers and $2.26 million in savings to aerodrome operators, for a total present value cost savings of $20.39 million.

Analytical framework

The costs and benefits for the amendments have been assessed in accordance with the Policy on Cost-Benefit Analysis of the Treasury Board Secretariat (TBS). Where possible, impacts are quantified and monetized, with only the direct costs and benefits for stakeholders being considered in the cost-benefit analysis.

Benefits and costs associated with the amendments are assessed based on comparing the baseline against the regulatory scenarios. The baseline scenario depicts what is likely to happen in the future if the Government of Canada does not implement the amendments. The regulatory scenario provides information on the intended outcomes as a result of the amendments.

The analysis estimated the impact of the amendments over a 15-year period from 2022 to 2036, with the year 2022 being when the regulations come into force. The 15-year period is used to capture the costs associated with the security program that will be realized after 2023. Unless otherwise stated, all costs are expressed in present value 2019 Canadian dollars, discounted to 2020 at a 7% discount rate.

Affected stakeholders

The amendments will affect CATSA, Canadian operators of aerodromes, air carriers and the Government of Canada. CATSA and the Government of Canada will bear the costs of the amendments, with a majority of the costs assumed by CATSA. The amendments are expected to result in cost savings to operators of aerodromes and air carriers.

CATSA is mandated to provide security screening services at 89 designated airports. Air carriers operating in these designated airports will yield cost savings due to more efficient procedures related to cutting locks and seals on locked baggage. Further, operators of aerodromes that issue RAICs for the identity verification system are expected to realize cost savings as a result of the simplified requirements for information that needs to be printed on RAICs and the increased validity period for multi-airport RAICs.

Baseline and regulatory scenarios

In the baseline scenario, CATSA would be required to call air carriers to cut locks and seals that CATSA is unauthorized to cut. Operators of aerodromes would be required to print RAICs whenever the information on a RAIC changes, as well as reprinting multi-aerodrome RAICs every year. Lastly, requirements to the security program and standards for screening officer training and certification would not be consistent with international standards or best practices. In addition, CATSA would not be required to develop a security program that includes a security awareness program, an annual risk assessment (as well as an initial risk assessment), a strategic security plan and a process to respond to security incidents.

In the regulatory scenario, the amendments introduce more efficient procedures for cutting locks and seals on locked baggage and printing RAICs. The responsibility for cutting locks and seals on locked baggage is transferred from air carriers to CATSA, eliminating the need for air carriers to be called. The amendments remove some of the information that needs to be included on a RAIC, which is expected to result in fewer and less frequent reprints. In addition, the validity period for multi-aerodrome RAICs is extended from one year to five years. Further, the amendments update and clarify definitions, references and requirements, as well as safeguard TC’s role in regulatory and oversight of aviation security. Lastly, the amendments align the security program and screening officer standards with international standards and best practices, which will strengthen Canada’s position on a global scale.

Benefits and costs

In total, the amendments are expected to result in a cost savings of $20.39 million, of which $18.13 million is expected to be realized by air carriers and $2.26 million by operators of aerodromes. The amendments are expected to result in a total incremental cost of $753,166 to CATSA. The costs to CATSA are broken down as follows:

$242,806 associated with training CATSA screening officers who will be responsible for cutting locks and seals on checked baggage;
$391,126^{footnote 11} to purchasing toolkits, toolboxes and protective equipment (goggles and gloves) associated with locked checked baggage requirements;
$118,526 related to implementing security program requirements and training standards to meet international standards and best practices; and
$708 in administrative costs to prepare documents for TC’s approval when CATSA wants to test, modify, add or dispose of screening equipment and software.

In addition, it is expected that a cost of $5,435 will be assumed by the Government for approving and reviewing documents sent from CATSA in relation to these new requirements. The total cost of the amendments is expected to be $758,602.

Benefits

The amendments are expected to improve the overall efficiency of checked baggage screening and reducing the financial impact of aviation irritants on operators of aerodromes and air carriers. The amendments are expected to result in a cost savings of $20.39 million to operators of aerodromes and air carriers.

Improving efficiencies

Locked checked baggage

The amendments transfer the responsibility of cutting locks and seals on checked baggage from air carriers to CATSA, by giving CATSA explicit authority to use force when it is required for security screening purposes. This is expected to result in a total cost savings of $18.13 million to air carriers over the 15-year analytical time frame.

Removing air carriers from the process will help reduce the time and employee presence previously required, which is expected to result in cost savings for air carriers. In order to determine the impact of this change, the estimated number of checked bags is required. In order to determine the number of checked bags, the number of passengers and the number of checked bags between 2013 and 2018 were used to estimate the expected ratio of checked bags per passenger.

To estimate the forecasted number of passengers, the impacts of the COVID-19 pandemic were incorporated into the analysis. The reduced operations are expected to lower the number of passengers and in turn the number of checked bags for 2022 and following years.

Before the COVID-19 pandemic, a median growth rate of passengers for different classes of aerodrome operators was calculated using the historical number of passengers between 2005 and 2018. More specifically, the average growth rate of passengers for international activities was estimated to be 0.025 per year, and that for domestic activities was 0.037 per year. These growth rates were then used to forecast the number of passengers for the next 15 years.

However, given the significant impacts of the COVID-19 pandemic on passenger activity, this analysis uses new growth rates that integrate the sharp decline in activity and the industry’s recovery. At this time, sources, such as the International Air Transport Association, Air Canada and industry analysts, have supported the hypothesis that a U-shaped recovery path will be followed. Under the U-shaped recovery path, there is a sharp decline in air passenger demand in 2020, which will then increase gradually over time and return to the pre-crisis level in 2030 for international air travel, and 2023 for domestic air travel. Beyond 2029, the growth rate of passenger demand will return to the pre-crisis forecast (i.e. 0.025 per year for international activities and 0.037 for domestic activities) trend line.

It is estimated that, on average, approximately 1.135 bags are carried per passenger. Taking the forecasted number of passengers and the ratio of checked bags per passenger, it is estimated that on average 103 million bags per annum would be checked in from 2022 to 2036. From historical checked bags data provided by TC’s aviation security program, 1.6% of checked bags would require extra screening. Of those, 20% of checked bags would require locks to be cut. Based on stakeholder consultation with CATSA, 15 minutes are saved from the transfer of authority from air carriers to CATSA at an (ARCHIVED) average air carrier wage rate of $27.04 per hour. This results in a cost savings of $18.13 million to air carriers between 2022 and 2036.

The amendments are expected to result in an additional cost savings related to no longer needing to purchase and replace bolt cutters used to cut locks on locked checked bags. These cost savings were not monetized due to a lack of comprehensive information.

Restricted area identity card

The amendments reduce the information required to be displayed on a restricted area identity card (RAIC) to only the elements that are necessary and required for airport operations and, as a result, are expected to reduce costs associated with the frequency of printing and issuing RAICs. In addition, the amendments extend the validity period of a multi-aerodrome RAIC from one year to five years, which is also expected to reduce costs because fewer cards will need to be printed.

In 2019, there were approximately 132 500 active RAICs^{footnote 2} being used in Canada. Of those, 3 500 were multi-aerodrome RAICs. Based on stakeholder consultations with air carriers and historical data between 2007 and 2019, an annual growth rate of 2.2%^{footnote 3} is applied to active RAICs, and an annual internal employee turnover of 15% is assumed. Using this information, it is estimated that the amendments will result in issuing an average of 27 960 fewer RAICs annually over the 15-year analytical time frame. Given a printing cost of $10.35^{footnote 4} per RAIC, the amendments are expected to result in cost savings of $2.26 million to operators of aerodromes.

Quality control

The amendments ensure that CATSA fulfils its aviation security obligation in accordance with various regulatory requirements enacted under the Aeronautics Act, including the CASR 2012 and aviation security measures. Updating definitions, references, schedules and certain requirements ensures that the rules are accurate and will provide greater clarity about the stakeholders’ roles and responsibilities. Formalizing existing procedures into regulations will allow TC to carry out oversight activities and establish applicable designated provisions to ensure compliance. Better aligning identity screening requirements with the Secure Air Travel Regulations will ensure consistency with the spirit of the Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices, and passengers will no longer be prevented from going beyond the screening checkpoint if they do not appear to be the age and/or gender indicated on their identification document.

International standards

The amendments align Canada’s domestic policy with ICAO standards and recommended best practices. Strengthening CATSA’s existing security program requirements will build capacity to respond to emerging or unforeseen aviation security threats and risks. This will aid CATSA in managing aviation security in a way that is comprehensive, integrated, coordinated and risk-based. A formal security program will allow CATSA to be proactive in identifying threats and be more effective in providing rapid responses to mitigate threats to CATSA’s information, equipment, information technology infrastructure, facilities and other assets related to screening operations. Advancing the aviation security regulatory framework will also strengthen Canada’s influence and aviation regulatory expertise on the international stage.

Costs

The amendments are expected to result in total incremental costs of $758,602 over the 15-year analytical time frame, of which $753,166 is expected to be borne by CATSA and $5,435 by the Government.

Improving efficiencies

Locked checked baggage

The amendments require CATSA to develop additional training and standard operating procedures for screening checked baggage. In addition, CATSA will be required to purchase toolkits, toolboxes and protective equipment to cut the locks on locked checked bags.

It is estimated that training will only be required for 20 to 25% of all CATSA screening officers, as this represents the subset of screening officers that specialize in checked baggage screening. The costs associated with this training are broken down by the development cost, the initial opportunity cost and ongoing opportunity cost of new screening officers and retraining.

The short training session to inform screening officers about the added responsibility will be developed by CATSA internally and implemented within the existing screening officer training program. CATSA expects that the development of the training program will require 12 weeks of full-time work for five employees.^{footnote 5} The total cost for developing the training is expected to be $79,076, which will be assumed in 2022.

Additional officer training will occur in 2022. While these officers are in training, they will not be able to perform screening tasks. As a result, the opportunity cost of training (or loss of productivity) is measured by their wage rates and the duration of training. In addition, it is expected that training costs for new certifications and retraining will occur annually beginning in 2022. The total opportunity cost of training is expected to be $163,730 over the 15-year analytical time frame.

The cost of training related to locked checked baggage is estimated to be $242,806 between 2022 and 2036.

The amendments transfer the responsibility to purchase and replace tools to cut locks and seals on locked checked bags from air carriers to CATSA. The total cost of purchasing toolkits, toolboxes and protective equipment is expected to be $391,126 over the 15-year analytical time frame.

In total, the cost to CATSA related to the locked checked baggage amendments is an estimated $633,932 between 2022 and 2036.

Quality control

Under the baseline scenario, CATSA has an established process for disposing of screening equipment and software. It also follows a lifecycle management plan where screening equipment is replaced at the end of its lifespan, which is every 10 years. The amendments require a Minister-approved process for the disposal of screening equipment and software. For the purposes of this analysis, it is assumed that this will happen in 2022 and 2032.

When CATSA wants to test, modify or add new screening equipment or software, it follows an existing Minister-approved process that was established in a Memorandum of Understanding with TC. The amendments formalize the existing process in the Regulations.

It is expected that preparing and submitting documents for ministerial approval will result in costs of $708^{footnote 6} to CATSA and $746 to the Government for review and approval^{footnote 7} over the 15-year analytical time frame.

International standards

The amendments will ensure that CATSA continues to meet international standards through an aviation security program and through the training and certification of screening officers. The majority of CATSA’s current security management framework meets the aviation security program requirements. However, some changes will be required to align with the existing Airport Security Program requirements which will result in incremental costs to both CATSA and the Government. The results of the analysis are presented below.

Costs to CATSA — International standards

The total incremental cost of implementing the security program and administrative costs to CATSA is $118,526. A detailed breakdown of the costs follows.

Establishment of security program

CATSA will be required to establish and implement a security program to safeguard CATSA’s information, equipment, information technology infrastructure, facilities and all other assets related to screening operations. CATSA hired a consultant to develop and establish a security program which will include a security awareness program, risk assessment (including the initial risk assessment), strategic security plan, and a process to respond to security incidents. This cost is estimated at $184,321, undiscounted, and will be incurred before the Regulations come into force. Therefore, it was not included in the analysis. Any benefits that can be attributed to the existence of the program per se are equally out of scope.

Risk assessment

CATSA will be required to conduct a risk assessment every five years, beginning in 2028, to identify and assess risks to information, equipment, information technology infrastructure, facilities and all other assets related to screening operations. Unlike the initial risk assessment, the ongoing risk assessment will be conducted in-house. According to subject matter experts at CATSA, it will take five days to conduct a full risk assessment and will involve two senior risk officers,^{footnote 8} resulting in a cost of $4,324 over the 15-year analytical time frame.

Review of risk assessment

CATSA will be required to conduct a review of the risk assessment on a yearly basis, starting in 2024. According to subject matter experts at CATSA, it is expected that the yearly review of the risk assessment will take three days and will involve two senior risk officers,^{footnote 9} resulting in a total cost of $17,755 over the 15-year analytical time frame.

Amendment of the security program

CATSA will be required to amend its security program (which consists of a security awareness program, risk assessment, strategic security plan, and a process to respond to security incidents) if it identifies a new risk that has not been addressed by the program. Based on consultations with CATSA, CATSA will need to amend the security program once every five years, beginning in 2026. Amending the security program is estimated to cost a quarter of the initial security program development, resulting in an incremental present value cost of $92,512 to CATSA.

Approval cost

CATSA will be required to document the process and the reasons for the amendments of the Security Program and submit the risk assessment and the strategic security plan to the Minister of Transport for approval initially and following any amendments. Based on stakeholder consultations with CATSA, it is expected that the initial submission for approval, in 2022, will require seven days’ work for one senior risk officer.^{footnote 9} Subsequent approval submissions will occur every five years, beginning in 2026. This is expected to require one day’s work for two senior risk officers. This is expected to result in an incremental cost of $3,936 to CATSA.

Costs to the Government — International standards

Transport Canada will be required to review and approve documentation. It is expected that the initial approval, in 2022, will require five days’ work for various employees.^{footnote 9} Subsequent approvals will occur every five years, beginning in 2026, and will require two days each.^{footnote 10} This is expected to result in an incremental cost of $4,690 to the Government of Canada.

Cost-benefit statement

Number of years: 15 (2022–2036)
Base year for costing, in Canadian dollars: 2019
Present value base year: 2020
Discount rate: 7%

Table 1: Monetized costs
Impacted stakeholder	Description of cost	Base year (2022)	Other relevant years (2023–2035)	Final year (2036)	Total (present value)	Annualized value
Government	Review and approval	$3,289	$1,712	$434	$5,435	$597
Industry CATSA	Submitting documents for approval	$3,121	$1,229	$294	$4,644	$510
	Locked checked baggage (training and purchasing tools)	$221,446	$394,194	$18,292	$633,932	$69,602
	Introducing security measures and use of force training cost (excluding approval)	$0.00	$92,538	$22,052	$114,590	$12,581
All stakeholders	Total costs	$227,857	$489,673	$41,072	$758,602	$83,290

Table 2: Monetized benefits
Impacted stakeholder	Description of benefit	Base year (2022)	Other relevant years (2023–2035)	Final year (2036)	Total (present value)	Annualized value
Industry air carrier	Transfer of responsibility for cutting locks and seals on checked baggage from air carriers to CATSA	$751,406	$16,358,480	$1,017,278	$18,127,165	$1,990,265
Industry airports	Reducing reprinted RAICs	$110,319	$2,037,004	$116,210	$2,263,533	$248,524
All stakeholders	Total benefits	$861,725	$18,395,485	$1,133,488	$20,390,698	$2,238,789

Table 3: Summary of monetized costs and benefits
Impacts	Base year (2022)	Other relevant years (2023–2035)	Final year (2036)	Total (present value)	Annualized value
Total costs	$227,857	$489,673	$41,072	$758,602	$83,290
Total benefits	$861,725	$18,395,485	$1,133,488	$20,390,698	$2,238,789
NET IMPACT	$633,868	$17,905,812	$1,092,416	$19,632,096	$2,155,499

Sensitivity analysis

A number of assumptions have been made to estimate the costs of the amendments. To address the effect of uncertainty and variability on these assumptions, a sensitivity analysis is conducted, where variables are assigned different values and outcomes are re-evaluated. A sensitivity analysis was performed on the following variables: analytical time frame and discount rates.

Analytical time frame

A 15-year analytical time frame was used for the central analysis, whereas the sensitivity analysis presents the results should a 10-year or 20-year time frame have been used.

Discount rate

The central analysis used a 7% discount rate as recommended by the Treasury Board Secretariat. The sensitivity analysis presents the results should a 3% discount rate have been used, as well as if there was no discounting.

Table 4: Sensitivity analysis (present value in 2019 Canadian dollars, in millions)
Parameter	Total benefits	Total cost	Net benefit
Analytical time frame
10 years	$14.38	$0.62	$13.75
15 years^{table c4 note a}	$20.39	$0.76	$19.63
20 years	$25.71	$0.85	$24.85
Discount rates
Undiscounted	$38.28	$1.25	$37.02
3%	$28.79	$0.99	$27.79
7%^*	$20.39	$0.76	$19.63
Table c4 note(s) Table c4 note a Central scenario used in the main analysis. Return to table c4 note a referrer

Small business lens

The small business lens does not apply, as there are no associated impacts on small businesses. The amendments mainly impact CATSA, which is a crown corporation. While some amendments impact air carriers and operators of aerodromes, these stakeholders do not meet the definition of a small business.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business.

In accordance with the TBS Policy on Limiting Regulatory Burden on Business, the one-for-one rule is applicable to any administrative burden imposed on Canadian businesses that arises from federal regulations. Although a record-keeping requirement is considered an administrative burden, since all operators of aerodromes that have a RAIC program already keep records, the amendments will not result in an incremental change in administrative burden and, therefore, will not trigger the one-for-one rule. While the amendments impose record-keeping requirements on CATSA, CATSA is a crown corporation and, therefore, not treated as a business for the purposes of the rule.

Regulatory cooperation and alignment

The amendments are not related to a work plan or commitment under a formal regulatory cooperation forum. However, third-party reports and independent audits have called on Canada to further harmonize its regulations with the ICAO Annex 17. The Regulations include provisions that will ensure that Canada meets new ICAO standards and remains in good standing on the international stage.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus (GBA+)

The amendments are not expected to have differential impacts based on identity factors such as gender, race, ethnicity, sexuality, etc.

However, the amendments are expected to help mitigate potential differential impacts on members of the LGBTQ+ community. The amendments remove all references to gender from the identity screening requirements. It is expected that transgender and gender-diverse persons will benefit from this change, as they will no longer face a risk of having the gender listed on their identification documents questioned. This amendment also aligns with the federal government’s commitment to respect gender identity, diversity and inclusivity and supports the spirit of the Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices.

Implementation, compliance and enforcement, and service standards

Implementation

All of the amendments come into force on the day they are published in the Canada Gazette, Part II, with the exception of the provisions related to the aviation security program which will come into force on January 1, 2023. A delayed coming into force will allow sufficient time for CATSA to develop its program, adjust its standard operation procedures and train screening officers to perform the related tasks.

Compliance and enforcement

Compliance is verified through oversight inspections carried out by TC. Since the main goal of oversight is to bring a stakeholder into compliance, a range of compliance and enforcement tools are available depending on the severity and frequency of non-compliance incidents. This includes working with stakeholders on means to comply with requirements through awareness and education, which may include guidance material and outreach activities with stakeholders. TC also works with stakeholders to review submissions of corrective action plans to address areas where non-compliance is identified through oversight activities.

The amendments to the CASR 2012 will result in certain provisions being designated in order to authorize TC inspectors to issue administrative monetary penalties for violations of these provisions. More than half of the new provisions are for the new Security Program requirements and the remaining ones are for screening officer qualifications, certifications, training and examination; instructor qualifications; CATSA’s authority to use force to open checked bags that are locked or sealed; and for screening equipment and software that is new, tested or modified. Under the Aeronautics Act, the maximum monetary penalty that can be assessed is $5,000 for an individual who does not comply with the locked checked baggage provisions and who discloses security-sensitive information. For CATSA, non-compliance with the remaining new provisions will result in a maximum monetary penalty of $25,000. Monetary penalties for the contravention of designated provisions helps ensure that affected stakeholders (screening officers or CATSA) comply with the regulated requirements. The assessment of a monetary penalty by the Minister of Transport can be appealed to the Transportation Appeal Tribunal of Canada.

Contact

Francine Massicotte
Chief
Security Screening
Aviation Security, Program Development
Transport Canada
112 Kent Street, 20th Floor, Tower B
Ottawa, Ontario
K1A 0W8
Email: francine.massicotte@tc.gc.ca

Footnotes

Footnote a

S.C. 2019, c. 29, s. 272

Return to footnote a referrer

Footnote b

S.C. 2015, c. 20, s. 12

Return to footnote b referrer

Footnote c

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

Return to footnote c referrer

Footnote d

R.S., c. A-2

Return to footnote d referrer

Footnote 1

SOR/2011-318

Return to footnote 1 referrer

Footnote 2

CATSA provided an estimated one-time cost in 2021 of $19,000 undiscounted for purchasing toolkits and toolboxes and an annual cost between 2022 and 2036 of $44,000 undiscounted for purchasing protective equipment (goggles and gloves) for cutting locks and seals on checked bags.

Return to footnote 2 referrer

Footnote 3

Historical RAICs data was provided by TC’s Aviation Security Program.

Return to footnote 3 referrer

Footnote 4

Due to the lack of data, the 2.2% growth rate is applied to both the regulatory and baseline scenario.

Return to footnote 4 referrer

Footnote 5

Stakeholder consultation with CATSA reported a fixed price of US$7.96, the 2019 exchange rate from the Bank of Canada was used to calculate Can$10.35.

Return to footnote 5 referrer

Footnote 6

A CATSA training coordinator average annual salary of $62,770 is used for the analysis.

Return to footnote 6 referrer

Footnote 7

It is assumed that it will take a CATSA engineer 10 hours to prepare documents.

Return to footnote 7 referrer

Footnote 8

It is assumed that it will take an EG-04 (5 hours), EG-05 (4 hours), and EX-01 (1 hour) to review and approve documents. The pay rates are based on the highest TBS rates of pay for public service employees.

Return to footnote 8 referrer

Footnote 9

It is assumed that the average annual salary of a CATSA senior risk officer is $90,220.

Return to footnote 9 referrer

Footnote 10

The classification and approval time used in this assumption are of an EC-06 (3 days), EC-07 (1 day) and an EX-01 (1 day). The pay rates are based on the highest TBS rates of pay for public service employees.

Return to footnote 10 referrer

Footnote 11

Approvals after 2026 are expected to take an EC-06 (1.2 days), EC-07 (0.4 days) and an EX-01 (0.4 days). The pay rates are based on the highest TBS rates of pay for public service employees.

Return to footnote 11 referrer

Regulations Amending the Canadian Aviation Security Regulations, 2012 (Various Amendments): SOR/2022-92

Regulations Amending the Canadian Aviation Security Regulations, 2012 (Various Amendments)

Amendments

Application

Screening Officers

Screening of Checked Baggage

Training

Screening Equipment

PART 2 CATSA Security Program

CATSA Security Program Requirements

Committees

Security Risk Assessments

Strategic Security Plans

Disclosure of Information

Coming into Force

SCHEDULE

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

REGULATORY IMPACT ANALYSIS STATEMENT

Executive summary

Issues

Background

Improving efficiencies

Locked checked baggage

Restricted area identity card

Quality control

International standards

Security program

Training, certification and qualification

Designated provisions

Objective

Description

Improving efficiencies

Locked checked baggage

Restricted area identity card (RAIC)

Quality control

Update and clarify definitions and requirements, and formalize existing procedures

Align schedules

Align identity requirements in the CASR 2012 with the Secure Air Travel Regulations

Assert the Minister of Transport’s oversight role over identity screening and screening equipment

International standards

Security program

Training, certification and qualification

Amendments to the designated provisions

Regulatory development

Consultation

Prepublication in the Canada Gazette, Part I

COVID-19 pandemic

Modern treaty obligations and Indigenous engagement and consultation

Instrument choice

Regulatory analysis

Analytical framework

Affected stakeholders

Baseline and regulatory scenarios

Benefits and costs

Benefits

Improving efficiencies

Locked checked baggage

Restricted area identity card

Quality control

International standards

Costs

Improving efficiencies

Locked checked baggage

Quality control

International standards

Costs to CATSA — International standards

Establishment of security program

Risk assessment

Review of risk assessment

Amendment of the security program

Approval cost

Costs to the Government — International standards

Cost-benefit statement

Sensitivity analysis

Analytical time frame

Discount rate

Table c4 note(s)

Small business lens

PART 2
CATSA Security Program