Aeronautics Act

Version of section 4.7 from 2003-01-01 to 2004-05-10:

Marginal note:Interpretation
  •  (1) In this section,

    authorized search

    fouille

    authorized search means a search carried out in such manner and under such circumstances as may be prescribed by regulations of the Governor in Council; (fouille)

    goods

    biens

    goods means anything that may be taken or placed on board an aircraft as personal belongings, baggage or cargo; (biens)

    screening officer

    agent de contrôle

    screening officer means any person that may be designated by the Minister to be a screening officer for the purposes of this section. (agent de contrôle)

    security officer

    security officer[Repealed, 1999, c. 31, s. 5]

  • Marginal note:Aviation security regulations

    (2) For the purposes of protecting passengers, crew members, aircraft and aerodromes and other aviation facilities, preventing unlawful interference with civil aviation and ensuring that appropriate action is taken where that interference occurs or is likely to occur, the Governor in Council may make regulations respecting aviation security.

  • Marginal note:Idem

    (3) For the purposes of protecting passengers, crew members, aircraft and aerodromes and other aviation facilities and preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to security measures that are equivalent to those instituted under this section.

  • Marginal note:Security measures instituted by Minister

    (4) For the purposes described in subsection (2), the Minister may institute, maintain and carry out, at aerodromes, on aircraft and in respect of any aviation facility or service, in lieu of or in addition to the security measures instituted under subsection (2), such security measures as the Minister considers necessary for those purposes.

  • Marginal note:Search of persons and goods

    (5) No person who, before boarding an aircraft, is required by a screening officer

    • (a) to submit to an authorized search of his person, or

    • (b) to permit an authorized search to be carried out of the goods that the person intends to take or have placed on board the aircraft

    shall board the aircraft unless the person submits to an authorized search or permits an authorized search to be carried out, as the case may be.

  • Marginal note:Search on board aircraft

    (6) Where, after having boarded an aircraft, a person who is required by a screening officer

    • (a) to submit to an authorized search of his person, or

    • (b) to permit an authorized search to be carried out of the goods that the person took or had placed on board the aircraft

    refuses to submit to an authorized search or to permit an authorized search to be carried out, as the case may be, the screening officer may order that person to leave the aircraft and remove from the aircraft the goods that the person took or had placed on board the aircraft, and the person shall thereupon leave the aircraft and remove or authorize the removal of the goods from the aircraft.

  • Marginal note:Search of goods

    (7) No person who, having been required by a screening officer to permit an authorized search of goods that the person intends to have transported on an aircraft, refuses to permit the search to be carried out shall place or attempt to place the goods or cause the goods to be placed on board the aircraft.

  • Marginal note:Unaccompanied goods

    (8) Where goods are received at an aerodrome for transport on an aircraft and are not accompanied by a person who may give the permission referred to in subsection (7), a screening officer may carry out an authorized search of the goods and, in carrying out that search, may use such force as may reasonably be necessary to gain access to the goods.

  • Marginal note:Operator of aerodrome to post notice

    (9) Where security measures are instituted under this section to observe and inspect persons at an aerodrome or on aircraft at an aerodrome, the operator of the aerodrome shall post in prominent places, where persons are observed or inspected under those measures, a notice, in at least the official languages of Canada, stating that security measures are being taken to observe and inspect passengers and that no passenger is obliged to submit to a search of his person and goods if the passenger chooses not to board an aircraft.

  • Marginal note:Idem

    (10) Where security measures are instituted under this section at an aerodrome to observe and inspect goods being placed on board an aircraft, the operator of the aerodrome shall post in prominent places, where goods are received at the aerodrome, a notice, in at least the official languages of Canada, stating that security measures are being taken to observe and inspect goods and that no person intending to place any goods on board an aircraft is obliged to permit a search to be carried out of the goods if the person chooses not to have them placed on the aircraft.

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1992, c. 4, s. 5;
  • 1999, c. 31, ss. 5, 6.
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