Secure Air Travel Act (S.C. 2015, c. 20, s. 11)

Act current to 2016-11-21 and last amended on 2015-08-01. Previous Versions

Secure Air Travel Act

S.C. 2015, c. 20, s. 11

Assented to 2015-06-18

An Act to enhance security relating to transportation and to prevent air travel for the purpose of engaging in acts of terrorism

[Enacted by section 11 of chapter 20 of the Statutes of Canada, 2015, in force August 1, 2015, see SI/2015-64.]

Short Title

Marginal note:Short title

 This Act may be cited as the Secure Air Travel Act.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

air carrier

transporteur aérien

air carrier has the same meaning as in subsection 3(1) of the Aeronautics Act. (transporteur aérien)

aviation reservation system

système de réservation de services aériens

aviation reservation system has the same meaning as in subsection 3(1) of the Aeronautics Act. (système de réservation de services aériens)

list

liste

list means the list established under subsection 8(1). (liste)

listed person

personne inscrite

listed person means a person whose name is on the list. (personne inscrite)

Minister

ministre

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

screening

contrôle

screening has the same meaning as in section 4.7 of the Aeronautics Act. (contrôle)

sterile area

zone stérile

sterile area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone stérile)

transportation security

sûreté des transports

transportation security has the same meaning as in subsection 4.81(0.1) of the Aeronautics Act. (sûreté des transports)

Application

Marginal note:General rule
  •  (1) Subject to any regulations made under this Act, this Act applies to all persons, both inside and outside Canada.

  • Marginal note:Conflict of laws

    (2) Nothing in this Act is to be construed as requiring a person to contravene, or an aircraft to be operated in contravention of, a law of a foreign state that applies to or in respect of the person or aircraft.

Marginal note:Contraventions outside Canada

 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision of this Act or its regulations is deemed to have committed the act or omission in Canada, and the person may be proceeded against and punished in the place in Canada where the person is found, as if the contravention had been committed in that place.

Air Carriers

Marginal note:Duty — air carriers
  •  (1) An air carrier that holds Canadian aviation documents, as defined in subsection 3(1) of the Aeronautics Act, must comply with the requirements of this Act and its regulations before allowing any person to board an aircraft or transporting any person.

  • Marginal note:Requirement to provide information

    (2) An air carrier or operator of an aviation reservation system must, in accordance with this Act and its regulations, provide any information that is referred to in the schedule to the Aeronautics Act and that is in their control concerning the persons who are on board or expected to be on board an aircraft for any flight.

Minister

Marginal note:Delegation

 The Minister may delegate his or her powers, duties and functions under this Act to any officer or employee, or any class of officers or employees, of the Department of Public Safety and Emergency Preparedness.

Marginal note:List
  •  (1) The Minister may establish a list on which is placed the given name, the surname, any known alias, the date of birth and the gender of any person who the Minister has reasonable grounds to suspect will

    • (a) engage or attempt to engage in an act that would threaten transportation security; or

    • (b) travel by air for the purpose of committing an act or omission that

      • (i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition terrorism offence in section 2 of that Act, or

      • (ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i).

  • Marginal note:Review of list

    (2) The Minister must review the list every 90 days to determine whether the grounds for which each person’s name was added to the list under subsection (1) still exist and whether the person’s name should remain on the list. The review does not affect the validity of the list.

  • Marginal note:Amendment of list

    (3) The Minister may at any time amend the list

    • (a) by deleting the name of a person and all information relating to them if the grounds for which their name was added to the list no longer exist; or

    • (b) by changing the information relating to a listed person.

Directions

Marginal note:Directions
  •  (1) The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular,

    • (a) the denial of transportation to a person; or

    • (b) the screening of a person before they enter a sterile area of an airport or board an aircraft.

  • Marginal note:Exemption from Statutory Instruments Act

    (2) A direction made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Collection and Disclosure of Information

Marginal note:Assistance to Minister

 The following persons or entities may assist the Minister in the administration and enforcement of this Act, including by collecting information from, and disclosing information to, the Minister and each other:

  • (a) the Minister of Transport;

  • (b) the Minister of Citizenship and Immigration;

  • (c) a member of the Royal Canadian Mounted Police or a civilian employee of that police force;

  • (d) the Director or an employee of the Canadian Security Intelligence Service;

  • (e) an officer or employee of the Canada Border Services Agency; and

  • (f) any other person or entity prescribed by regulation.

Marginal note:Disclosure

 Subject to section 12, the Minister may disclose information obtained in the exercise or performance of the Minister’s powers, duties or functions under this Act for the purposes of transportation security or the prevention of the travel referred to in paragraph 8(1)(b).

Marginal note:Foreign states

 The Minister may enter into a written arrangement relating to the disclosure of information referred to in section 11 with the government of a foreign state, an institution of such a government or an international organization and may only disclose the list, in whole or in part, to the state, institution or organization in accordance with the arrangement.

Marginal note:Minister of Transport

 The Minister of Transport may, for the purposes of assisting the Minister in the administration and enforcement of this Act,

  • (a) disclose the list to air carriers and to operators of aviation reservation systems;

  • (b) collect from air carriers and operators of aviation reservation systems any information referred to in the schedule to the Aeronautics Act that is in their control and that relates to a listed person;

  • (c) disclose to air carriers any direction made by the Minister under section 9; and

  • (d) disclose information collected from air carriers and operators of aviation reservation systems to the Minister and to any other person or entity referred to in section 10.

Marginal note:Canada Border Services Agency

 The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including

  • (a) by disclosing to the Minister and to any other person or entity referred to in section 10 information in respect of a listed person that is collected from air carriers and operators of aviation reservation systems; and

  • (b) by disclosing to air carriers and to operators of aviation reservation systems that the name of a passenger is the same as that of a listed person.

Administrative Recourse

Marginal note:Application to Minister
  •  (1) A listed person who has been denied transportation as a result of a direction made under section 9 may, within 60 days after the day on which they are denied transportation, apply in writing to the Minister to have their name removed from the list.

  • Marginal note:Exceptional circumstances

    (2) If the Minister is satisfied that there are exceptional circumstances that warrant it, the Minister may extend the time limit set out in subsection (1).

  • Marginal note:Representations

    (3) The Minister must afford the applicant a reasonable opportunity to make representations.

  • Marginal note:Application to Minister

    (4) On receipt of the application, the Minister must decide whether there are still reasonable grounds to maintain the applicant’s name on the list.

  • Marginal note:Notice of decision to applicant

    (5) The Minister must give notice without delay to the applicant of any decision made in respect of the application.

  • Marginal note:Deemed decision

    (6) If the Minister does not make a decision in respect of the application within 90 days after the day on which the application is received, or within any further period that is agreed on by the Minister and the applicant, the Minister is deemed to have decided not to remove the applicant’s name from the list.

Appeals

Marginal note:Decisions under this Act
  •  (1) This section applies in respect of any appeal of any direction made under section 9 and any decision made under section 8 or 15 by the Minister.

  • Marginal note:Application

    (2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal to a judge only after a decision referred to in section 15 is rendered and within 60 days after the earlier of

    • (a) the day on which the notice of the decision referred to in subsection 15(5) is received, and

    • (b) the day on which the Minister is deemed to have made a decision under subsection 15(6).

  • Marginal note:Extension

    (3) Despite subsection (2), a person may appeal within any further time that a judge may, before or after the end of those 60 days, fix or allow.

  • Marginal note:Determination

    (4) If an appeal is made, the judge must, without delay, determine whether the decision is reasonable on the basis of the information available to the judge.

  • Marginal note:Removal from list

    (5) If the judge finds that a decision made under section 15 is unreasonable, the judge may order that the appellant’s name be removed from the list.

  • Marginal note:Procedure

    (6) The following provisions apply to appeals under this section:

    • (a) at any time during a proceeding, the judge must, on the request of the Minister, hear information or other evidence in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, its disclosure could be injurious to national security or endanger the safety of any person;

    • (b) the judge must ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person;

    • (c) throughout the proceeding, the judge must ensure that the appellant is provided with a summary of information and other evidence that enables them to be reasonably informed of the Minister’s case but that does not include anything that, in the judge’s opinion, would be injurious to national security or endanger the safety of any person if disclosed;

    • (d) the judge must provide the appellant and the Minister with an opportunity to be heard;

    • (e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence;

    • (f) the judge may base a decision on information or other evidence even if a summary of that information or other evidence has not been provided to the appellant;

    • (g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and

    • (h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws.

  • Definition of judge

    (7) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Marginal note:Protection of information on appeal

 Section 16 applies to any appeal of a decision made under that section and to any further appeal, with any necessary modifications.

General

Marginal note:Information destruction

 Despite any other Act of Parliament, the Minister of Transport must destroy any information received from an air carrier or an operator of an aviation reservation system within seven days after the day on which it is received, unless it is reasonably required for the purposes of this Act.

Marginal note:Rights preserved

 For greater certainty, nothing in this Act limits or prohibits the collection, use or disclosure of any information if that collection, use or disclosure is otherwise lawful.

Prohibitions

Marginal note:Prohibition — list
  •  (1) It is prohibited to disclose the list, except as required for the purposes of sections 10 to 14.

  • Marginal note:Prohibition — general

    (2) It is prohibited to disclose whether or not any individual is or was a listed person, except

    • (a) for the purposes of sections 10 to 16;

    • (b) as required to enforce any law of Canada or a province or to carry out a lawful activity;

    • (c) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; or

    • (d) in the case where an individual discloses that he or she is or was a listed person.

  • Marginal note:Prohibition — air carriers

    (3) Despite subsection (2), it is prohibited for an air carrier or an operator of an aviation reservation system to disclose any information relating to a listed person, or whether or not any individual is or was a listed person, except

    • (a) for the purposes of sections 6, 13 and 30; or

    • (b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information.

Marginal note:Prohibition — persons and goods
  •  (1) If a direction made under section 9 requires a person to be screened, that person must not enter or remain in an aircraft or sterile area unless the person permits a screening, or screenings, to be carried out as required by the direction, of

    • (a) their person; or

    • (b) the goods that the person intends to take or have placed on board the aircraft or, as the case may be, the goods that the person has taken or has had placed on board the aircraft or has taken into the sterile area.

  • Marginal note:Prohibition — air carriers

    (2) If a direction made under section 9 requires a person to be screened, an air carrier must not transport that person unless they have been screened in accordance with the direction.

Marginal note:Obstruction

 A person must not wilfully obstruct any person who is exercising or performing their powers, duties or functions under this Act.

Offences and Punishment

Marginal note:Contravention
  •  (1) Every person who contravenes section 6, 20 or 21 or a direction made under section 9 or any provision of any regulation made under this Act is guilty of an offence punishable on summary conviction.

  • Marginal note:Contravention of section 22

    (2) Every person who contravenes section 22 is guilty of

    • (a) an indictable offence; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Punishment — individuals

    (3) An individual who is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.

  • Marginal note:Punishment — corporations

    (4) A corporation that is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $500,000.

  • Marginal note:Imprisonment precluded in certain cases

    (5) If a person is convicted of an offence under this Act punishable on summary conviction, imprisonment must not be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.

  • Marginal note:Recovery of fines

    (6) If a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction must be registered in the court and when registered has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

  • Marginal note:Recovery of costs and charges

    (7) All reasonable costs and charges attendant on the registration of the conviction are recoverable in the same manner as if they had been registered as part of the conviction.

Marginal note:Defence

 A person is not to be found to have contravened a provision of this Act, other than section 22, or of its regulations, or a direction made under section 9, if the person exercised all due diligence to prevent the contravention.

Prosecution

Marginal note:Limitation period

 No proceedings by way of summary conviction under this Act are to be instituted after 12 months from the day on which the subject matter of the proceedings arose.

Marginal note:Proof of documents

 In any action or proceeding under this Act, any document purporting to be certified by the Minister or the Minister of Transport to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

  • (a) of the original document of which it purports to be a copy;

  • (b) of the fact that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and

  • (c) of the fact that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

Marginal note:Document entries as proof

 In any action or proceeding under this Act, an entry in any record required under any provision of this Act or its regulations to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record.

Inspection Powers

Marginal note:Powers to enter, seize and detain
  •  (1) The Minister of Transport may

    • (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the Canadian Air Transport Security Authority, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and

    • (b) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, for copying.

  • Marginal note:Operation of computer systems and copying equipment

    (2) In carrying out an inspection or audit in any place referred to in paragraph (1)(a), the Minister of Transport may

    • (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

    • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

  • Marginal note:Search warrants

    (3) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.

Marginal note:No offence

 A person authorized by the Minister of Transport to verify compliance with the provisions of this Act or its regulations or with directions made under section 9 or to test the effectiveness of equipment, systems and processes used with respect to the list does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of this Act or its regulations.

Marginal note:Duty to assist Minister

 The owner or person who is in possession or control of a place that is inspected or audited under subsection 28(1) and every person who is found in the place must

  • (a) give the Minister of Transport all reasonable assistance to enable him or her to carry out the inspection or audit and exercise any power conferred on him or her under that subsection; and

  • (b) provide the Minister of Transport with any information that is reasonably required for the purpose of exercising or performing his or her powers, duties or functions under this Act.

Marginal note:Compliance order
  •  (1) If the Minister of Transport is of the opinion that an air carrier has failed to comply with any provision of this Act or its regulations or with any direction made under section 9, that Minister may order any person to do, or to refrain from doing, anything that, in that Minister’s opinion, is reasonable and necessary to do or refrain from doing in order to ensure compliance and may make orders respecting, in particular

    • (a) the movement of aircraft or persons at aerodromes or other aviation facilities; and

    • (b) the diversion of aircraft to alternate landing sites.

  • Marginal note:Exemption from Statutory Instruments Act

    (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations for the purpose of the administration and enforcement of this Act, including regulations

  • (a) respecting the verification of air passenger identity;

  • (b) respecting the use and protection of directions made under section 9 and the use and protection of information provided by the Minister, the Minister of Transport or the Canada Border Services Agency to air carriers and to operators of aviation reservation systems;

  • (c) prohibiting an air carrier from transporting a passenger in circumstances in which the passenger does not resemble their identification; and

  • (d) prescribing anything that may be prescribed under this Act.

Transitional Provision

Marginal note:Section 16

 Section 16 applies to any decision in respect of a listed person made before the day on which this Act comes into force

  • (a) by the Minister under paragraph 4.81(1)(b) of the Aeronautics Act following the transfer of the Minister of Transport’s powers, duties and functions to the Minister by Order in Council P.C. 2011-34 of February 1, 2011, registered as SI/2011-10; or

  • (b) by the Minister of Transport under section 4.76 of the Aeronautics Act.

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