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

Act current to 2017-12-11 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.

 
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