Canadian Air Transport Security Authority Act (S.C. 2002, c. 9, s. 2)

Act current to 2016-01-25 and last amended on 2012-06-29. Previous Versions

Canadian Air Transport Security Authority Act

S.C. 2002, c. 9, s. 2

Assented to 2002-04-01

An Act to establish the Canadian Air Transport Security Authority

[Enacted by section 2 of chapter 9 of the Statutes of Canada, 2002, in force April 1, 2002, see SI/2002-63.]

Short Title

Marginal note:Short title

 This Act may be cited as the Canadian Air Transport Security Authority Act.

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Act.

Authority

Administration

Authority means the Canadian Air Transport Security Authority established by subsection 5(1). (Administration)

authorized aerodrome operator

exploitant d’aérodrome autorisé

authorized aerodrome operator means an operator of an aerodrome designated by the regulations who is authorized by the Authority under section 7 to deliver screening. (exploitant d’aérodrome autorisé)

board

conseil

board means the board of directors of the Authority established by section 10. (conseil)

Minister

ministre

Minister means the Minister of Transport. (ministre)

screening

contrôle

screening means screening, including a search, performed in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act. (contrôle)

screening contractor

fournisseur de services de contrôle

screening contractor means a contractor retained by the Authority or an authorized aerodrome operator to deliver screening. (fournisseur de services de contrôle)

screening officer

agent de contrôle

screening officer means a screening officer who is employed by the Authority, an authorized aerodrome operator or a screening contractor to perform screening. (agent de contrôle)

screening point

point de contrôle

screening point means a point where screening is delivered, either directly or through a screening contractor, by the Authority or by an authorized aerodrome operator acting on behalf of the Authority, in order to meet the requirements of aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act. (point de contrôle)

  • 2002, c. 9, s. 2 "2";
  • 2004, c. 15, s. 24.
Marginal note:Interpretation
  •  (1) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Aeronautics Act and the aviation security regulations made under it.

  • Marginal note:Air transport security

    (2) Unless specifically provided for, nothing in this Act affects air transport security responsibilities imposed under the Aeronautics Act on persons other than the Authority.

  • Marginal note:Inconsistencies with other Acts

    (3) In the event of any inconsistency between the provisions of this Act and the provisions of Part X of the Financial Administration Act, the provisions of this Act prevail.

Role of the Minister

Marginal note:Minister responsible
  •  (1) The Minister is the appropriate minister for the Authority for the purposes of Part X of the Financial Administration Act.

  • Marginal note:Directions to the Authority

    (2) The Minister may issue a written direction to the Authority, addressed to the Chairperson, on any matter related to air transport security.

  • Marginal note:Directions binding

    (3) The Authority and its directors, officers and employees of the Authority must comply with a direction issued under this section.

  • Marginal note:Directions in Authority’s best interest

    (4) Compliance with the direction is deemed to be in the best interests of the Authority.

  • Marginal note:Directions not statutory instruments

    (5) A direction is not a statutory instrument for the purposes of the Statutory Instruments Act.

Establishment and Mandate of the Authority

Marginal note:Establishment
  •  (1) There is hereby established a body corporate to be called the Canadian Air Transport Security Authority.

  • Marginal note:Agent of Her Majesty

    (2) The Authority is for all purposes an agent of Her Majesty in right of Canada.

  • Marginal note:Headquarters

    (3) The headquarters of the Authority must be at such place in Canada as may be designated by the Governor in Council.

  • Marginal note:Financial year

    (4) The Authority’s financial year begins on April 1 of one year and ends on March 31 of the following year, unless the Governor in Council directs otherwise.

Marginal note:Mandate
  •  (1) The mandate of the Authority is 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 points, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport. Restricted areas are those established under the Aeronautics Act at an aerodrome designated by the regulations or at any other place that the Minister may designate.

  • Marginal note:Other responsibilities

    (2) The Authority is responsible for ensuring consistency in the delivery of screening across Canada and for any other air transport security function provided for in this Act. It is also responsible for air transport security functions that the Minister may assign to it, subject to any terms and conditions that the Minister may establish.

  • Marginal note:Carrying out mandate

    (3) The Authority must carry out its responsibilities under this section in the public interest, having due regard to the interest of the travelling public. Those responsibilities are a governmental function.

Marginal note:Authorizing aerodrome operators to deliver screening
  •  (1) The Authority may authorize the operator of an aerodrome designated by the regulations to deliver screening on its behalf at that aerodrome, either directly or through a screening contractor, subject to any terms and conditions that the Authority may establish.

  • Marginal note:Limitation

    (2) The Authority may not authorize the operator to deliver screening unless it is satisfied that the operator can meet the terms and conditions established by the Authority and deliver screening efficiently and effectively, having regard to the following factors:

    • (a) the cost and service advantages;

    • (b) the operator’s capability to deliver screening; and

    • (c) how screening, if done by the operator, would be integrated with other security functions at the aerodrome.

  • Marginal note:Payments

    (3) The Authority may, in the terms and conditions of an authorization, agree to make payments to the authorized aerodrome operator to compensate them for the reasonable costs incurred by them in delivering screening.

  • Marginal note:Not an agent of Her Majesty

    (4) An authorized aerodrome operator does not become an agent of Her Majesty by reason only of delivering screening under an authorization.

Marginal note:Criteria for screening contractors and officers
  •  (1) The Authority must establish criteria respecting the qualifications, training and performance of screening contractors and screening officers, that are as stringent as or more stringent than the standards established in the aviation security regulations made under the Aeronautics Act.

  • Marginal note:Certification

    (2) The Authority must certify all screening contractors and officers against the criteria established under subsection (1).

  • Marginal note:Varying, suspending or cancelling certification

    (3) If the Authority determines that a screening contractor or officer no longer meets the criteria in respect of which they were certified, the Authority may vary, suspend or cancel their certification.

  • Marginal note:Contracting

    (4) The Authority may establish contracting policies specifying minimum requirements respecting wages and terms and conditions of employment that persons must meet in order to be awarded a contract by or on behalf of the Authority for the delivery of screening. The Authority must establish such policies if required to do so by the Minister.

  • Marginal note:Contracts for services or procurement

    (5) The Authority must establish policies and procedures for contracts for services and for procurement that ensure that the Authority’s operational requirements are always met and that promote transparency, openness, fairness and value for money in purchasing.

 
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