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

Act current to 2016-09-18 and last amended on 2012-06-29. Previous Versions

Legal Powers of the Authority

Marginal note:Legal powers

 In carrying out its mandate, the Authority has, subject to this Act, the capacity, rights, powers and privileges of a natural person.

Structure of the Authority

Board

Marginal note:Establishment
  •  (1) There shall be a board of directors of the Authority consisting of eleven directors, including the Chairperson, appointed by the Governor in Council on the recommendation of the Minister.

  • Marginal note:Directors nominated by airline industry and aerodrome operators

    (2) Two of the directors must be nominees submitted by the representatives of the airline industry designated under section 11 whom the Minister considers suitable for appointment as directors, and two must be nominees submitted by the representatives of aerodrome operators designated under that section whom the Minister considers suitable for appointment as directors.

  • Marginal note:Tenure of directors

    (3) Each director holds office during pleasure for any term of not more than five years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors.

  • Marginal note:Vacancy on board

    (4) If the Governor in Council has not appointed all of the directors referred to in subsection (1) but the number appointed constitutes a quorum, the directors who have been appointed may exercise all the powers of the board.

Marginal note:Designation

 The Minister may designate representatives or classes of representatives of the airline industry and of aerodrome operators to propose nominees to the Minister for appointment to the board.

Marginal note:Qualifications of directors
  •  (1) The directors must be persons who, in the opinion of the Governor in Council, have the experience and the capacity required for discharging their duties and functions.

  • Marginal note:Persons not eligible for appointment

    (2) No person may be appointed or continue as a director of the Authority who

    • (a) is not a Canadian citizen or a permanent resident under the Immigration and Refugee Protection Act;

    • (b) is a member of the Senate or House of Commons or a member of a legislature;

    • (c) is employed on a full-time basis in the public service of Canada or of a province; or

    • (d) is a mayor, councillor, officer or employee of a municipality.

Marginal note:Renewal of term

 The Governor in Council may renew the term of office of any director for a maximum of one further term of not more than five years.

Marginal note:Part-time office
  •  (1) The directors must carry out the duties and functions of their office on a part-time basis.

  • Marginal note:Directors’ fees

    (2) The directors must be paid by the Authority the remuneration fixed by the Governor in Council for each day that they attend meetings of the board or any of its committees or perform other duties required of them as directors of the Authority.

Marginal note:Expenses

 The directors are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of residence.

Chairperson

Marginal note:Powers, duties and functions

 The Chairperson must preside at meetings of the board and exercise any powers and perform any duties and functions that are assigned by the by-laws of the Authority.

Chief Executive Officer

Marginal note:Appointment and tenure

 The chief executive officer of the Authority is to be appointed by the Governor in Council to hold office during pleasure for any term that the Governor in Council considers appropriate.

  • 2002, c. 9, s. 2 "17";
  • 2012, c. 19, s. 654.
Marginal note:Role of chief executive officer

 The chief executive officer is responsible for the day-to-day management of the Authority.

Marginal note:Incapacity or vacancy

 In the event of the absence or incapacity of, or a vacancy in the office of, the chief executive officer, the board may appoint an employee of the Authority to exercise the powers and perform the duties and functions of the chief executive officer, but the employee has no authority to act as chief executive officer for a period exceeding 90 days without the approval of the Governor in Council.

  • 2002, c. 9, s. 2 "19";
  • 2012, c. 19, s. 655.
Marginal note:Exclusion

 The chief executive officer may not be appointed as a director.

Marginal note:Full-time office
  •  (1) The chief executive officer must carry out the duties and functions of his or her office on a full-time basis.

  • Marginal note:Remuneration

    (2) The Authority must pay the chief executive officer the remuneration fixed by the Governor in Council.

Marginal note:Expenses

 The chief executive officer is entitled to be paid reasonable travel and living expenses incurred in the course of performing his or her duties while absent from his or her ordinary place of work.

Role of the Board

Marginal note:Role of the board

 The board is responsible for the management of the activities and affairs of the Authority.

Marginal note:By-laws

 The board may make by-laws respecting the management and conduct of the activities and affairs of the Authority and the carrying out of the duties and functions of the board, including by-laws establishing

  • (a) a code of ethics for the directors, officers and employees of the Authority;

  • (b) committees of the board, including a human resources committee and an audit committee; and

  • (c) contracting policies for the Authority.

Staff

Marginal note:Staff

 The Authority may employ any officers, employees or agents and retain the services of any technical or professional advisers that it considers necessary for the proper conduct of its activities and affairs and may fix the terms and conditions of their engagement.

Marginal note:Accident compensation

 The Chairperson, the chief executive officer and the directors, officers and employees of the Authority are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Safety of the public

 The provision of screening at an aerodrome is conclusively deemed for all purposes to be a service that is necessary to prevent immediate and serious danger to the safety of the public.

Contracts, Agreements and Arrangements

Marginal note:Contracts with Her Majesty
  •  (1) The Authority may enter into contracts, agreements or other arrangements with Her Majesty as if it were not an agent of Her Majesty.

  • Marginal note:Agreements

    (2) The Authority may enter into agreements with Her Majesty represented by the Minister of Public Safety and Emergency Preparedness or by the Royal Canadian Mounted Police for the provision of services, including services on aircraft, and may make payments in respect of those services.

  • 2002, c. 9, s. 2 "28";
  • 2005, c. 10, s. 34.
Marginal note:Policing

 The Authority may, with the approval of the Treasury Board, enter into agreements with the operator of any aerodrome designated by regulation for the purposes of contributing to the costs of policing incurred by that operator in carrying out their responsibilities.

  • 2002, c. 9, s. 2 "29";
  • 2004, c. 15, s. 25.
Marginal note:Provision of space

 Every operator of an aerodrome designated by the regulations must provide to the Authority, and maintain free of charge, such space at the aerodrome with services reasonably required by the Authority as the Authority and the operator agree on or, in the absence of agreement, such space at the aerodrome with services reasonably required by the Authority as the Minister determines to be necessary to enable the Authority to carry out its mandate.

Audit

Marginal note:Audit

 The Auditor General of Canada is the auditor of the Authority.

 
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