Aeronautics Act (R.S.C., 1985, c. A-2)

Act current to 2017-11-20 and last amended on 2017-06-22. Previous Versions

Security Measures

Marginal note:Minister may make security measures
  •  (1) The Minister may make measures respecting aviation security.

  • Marginal note:Restriction

    (2) The Minister may only make a security measure in relation to a particular matter if

    • (a) an aviation security regulation could be made in relation to that matter; and

    • (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.

  • Marginal note:Suspension of s. 4.79(1) and repeal of security measure

    (3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must

    • (a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and

    • (b) repeal the security measure before the earlier of

      • (i) the day that is one year after the notice is published, and

      • (ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure.

  • Marginal note:Effect of notice

    (4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published.

  • Marginal note:Consultation

    (5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.

  • Marginal note:Exception

    (6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.

  • Marginal note:Minister may carry out security measure

    (7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.

  • 2004, c. 15, s. 5.
Marginal note:Deputy may make measures
  •  (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.

  • Marginal note:Restriction

    (2) The Minister’s deputy may only make a security measure in relation to a particular matter if

    • (a) an aviation security regulation could be made in relation to that matter; and

    • (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.

  • Marginal note:Minister may carry out security measure

    (3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so.

  • Marginal note:Duration

    (4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days.

  • 2004, c. 15, s. 5.
Marginal note:Relationship with regulations
  •  (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.

  • Marginal note:Conflict

    (2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.

  • 2004, c. 15, s. 5.

Foreign Aircraft Requirements

Marginal note:Foreign aircraft requirements

 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for 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 requirements that are acceptable to the Minister.

  • 2004, c. 15, s. 5.

Emergency Directions

Marginal note:Emergency directions

 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting

  • (a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them;

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

  • (c) the movement of aircraft or persons at aerodromes or other aviation facilities.

  • 2004, c. 15, s. 5.
Marginal note:Authorized officer may make emergency direction

 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.

  • 2004, c. 15, s. 5.
Marginal note:Duration

 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.

  • 2004, c. 15, s. 5.
Marginal note:Relationship with regulations and security measures
  •  (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.

  • Marginal note:Conflict

    (2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.

  • 2004, c. 15, s. 5.

Unauthorized Disclosure

Marginal note:Unauthorized disclosure — security measures
  •  (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.

  • Marginal note:Court to inform Minister

    (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.

  • Marginal note:Order

    (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure.

  • 2004, c. 15, s. 5.

Security Clearances

Marginal note:Granting, suspending, etc.

 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1992, c. 4, s. 6;
  • 2004, c. 15, s. 5.
 
Date modified: