Canadian Aviation Security Regulations, 2012 (SOR/2011-318)

Regulations are current to 2014-10-15 and last amended on 2014-07-14. Previous Versions

Canadian Aviation Security Regulations, 2012

SOR/2011-318

AERONAUTICS ACT

Registration 2011-12-16

Canadian Aviation Security Regulations, 2012

P.C. 2011-1669 2011-12-15

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71Footnote a and 4.9Footnote b, paragraphs 7.6(1)(a)Footnote c and (b)Footnote c and section 7.7Footnote d of the Aeronautics ActFootnote e, hereby makes the annexed Canadian Aviation Security Regulations, 2012.

OVERVIEW

Marginal note:Regulations overview
  •  (1) These Regulations are the principal means of supplementing the legislative framework set out in sections 4.7 to 4.87 of the Act. They are designed to enhance preparedness for acts or attempted acts of unlawful interference with civil aviation and to facilitate the detection of, prevention of, response to and recovery from acts or attempted acts of unlawful interference with civil aviation.

  • Marginal note:Other instruments

    (2) These Regulations are supplemented from time to time by other aviation security regulations and by security measures, interim orders, ministerial orders and emergency directions.

  • SOR/2014-153, s. 1.
Marginal note:Structure

 These Regulations are divided into 14 parts: 

  • (a) Part 1 deals with screening authorities and the screening of persons and goods at aerodromes;

  • (b) Part 2 deals with other air transport security functions of CATSA;

  • (c) Part 3 deals with weapons, explosive substances and incendiary devices;

  • (d) Part 4 deals with security at aerodromes listed in Schedule 1;

  • (e) Part 5 deals with security at aerodromes listed in Schedule 2;

  • (f) Part 6 deals with security at aerodromes listed in Schedule 3;

  • (g) Part 7 deals with security at other aerodromes;

  • (h) Part 8 deals with aircraft security;

  • (i) Part 9 is reserved;

  • (j) Part 10 is reserved;

  • (k) Part 11 is reserved;

  • (l) Part 12 is reserved;

  • (m) Part 13 sets out ministerial powers and duties; and

  • (n) Part 14 sets out an administrative monetary penalty scheme for the contravention of certain provisions of these Regulations and the provisions of any security measure.

INTERPRETATION

Marginal note:Definitions

 The following definitions apply in these Regulations.

“accepted cargo”

« fret accepté »

“accepted cargo” means any cargo in respect of which an air waybill or other similar control document is issued.

“Act”

« Loi »

“Act” means the Aeronautics Act.

“aerodrome security personnel”

« personnel de sûreté de l’aérodrome »

“aerodrome security personnel” means individuals who are employed by the operator of an aerodrome or by one of the operator’s contractors to prepare for, detect, prevent, respond to, and assist in the recovery from, acts or attempted acts of unlawful interference with civil aviation.

“biometric template”

« modèle biométrique »

“biometric template” means a template generated by algorithms that encode an identifiable physiological or behavioural characteristic of a person.

“carry-on baggage”

« bagages de cabine »

“carry-on baggage” means any baggage and personal belongings to which a person has or will have access on board an aircraft.

“CATSA”

« ACSTA »

“CATSA” means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act.

“checked baggage”

« bagages enregistrés »

“checked baggage” means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation.

“combination code”

« code d’accès »

“combination code” means a series or combination of numbers, letters or other characters that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area.

“crew member”

« membre d’équipage »

“crew member” means a person assigned to duty on an aircraft during flight time by the operator of the aircraft.

“document of entitlement”

« document d’autorisation »

“document of entitlement” means a document that serves as proof of authorization to enter a restricted area.

“escort officer”

« agent d’escorte »

“escort officer” means

  • (a) a peace officer; and

  • (b) any person authorized by the federal government or a provincial government or any of their agencies to escort a person in custody on a flight.

“firearm”

« arme à feu »

“firearm” has the same meaning as in section 2 of the Criminal Code.

“general list of prohibited items”

« liste générale des articles interdits »

“general list of prohibited items” means Part 1 of TP 14628, which lists or describes goods that

  • (a) could pose a threat to aviation security;

  • (b) are prohibited as carry-on baggage by the governments of other countries; or

  • (c) are identified by the International Civil Aviation Organization as items that must never be carried in the cabin of an aircraft or taken into a restricted area.

“incendiary device”

« engin incendiaire »

“incendiary device” means an object, other than a match or pocket lighter, that is fabricated with combustible materials and is designed to inflict burn injuries on individuals or to cause fire damage to property.

“inspector”

« inspecteur »

“inspector” means a person who is authorized by the Minister to carry out an inspection under subsection 8.7(1) of the Act.

“key”

« clé »

“key” means a key, card or other device, including a functionality that can be added to a restricted area identity card, that is designed to allow access to a restricted area and that is issued to an individual by, or under the authority of, the operator of an aerodrome.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“non-passenger screening checkpoint”

« point de contrôle des non-passagers »

“non-passenger screening checkpoint” means a restricted area access point or a location inside a restricted area where persons other than passengers are screened or can be screened.

“operator of an aerodrome”

« exploitant d’un aérodrome »

“operator of an aerodrome” means

  • (a) in the case of an aerodrome that is not an airport, the person in charge of the aerodrome, and includes an employee, an agent or a representative of the person in charge of the aerodrome;

  • (b) in the case of an airport, the holder of the Canadian aviation document issued in respect of the airport or the person in charge of the airport, and includes an employee, an agent or a representative of the holder of the Canadian aviation document; and

  • (c) in the case of an aerodrome or part of an aerodrome that is operated by the Minister of National Defence and used by an air carrier, the person in charge of commercial air service operations at the aerodrome.

“operator of an aircraft”

« utilisateur d’un aéronef »

“operator of an aircraft” means the person who has possession of the aircraft as owner, lessee or otherwise.

“passenger screening checkpoint”

« point de contrôle des passagers »

“passenger screening checkpoint” means a screening checkpoint that is intended primarily for the screening of departing passengers.

“peace officer”

« agent de la paix »

“peace officer” means

  • (a) a member of the Correctional Service of Canada who is designated as a peace officer under Part I of the Corrections and Conditional Release Act and any other officer or permanent employee of a prison, other than a penitentiary as defined in Part I of that Act;

  • (b) a member of the Royal Canadian Mounted Police, a police officer or a police constable;

  • (c) any person who is designated by the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or a provincial minister as a peace officer for the purpose of the preservation and maintenance of the public peace at an aerodrome;

  • (d) an officer who is enforcing any provision of the Immigration and Refugee Protection Act, or of any regulations, warrant, order or direction made under that Act, respecting the arrest, detention or removal from Canada of any person; and

  • (e) an officer or non-commissioned member of the Canadian Forces who is appointed as a member of the military police under regulations for the purposes of section 156 of the National Defence Act.

“personal identification code”

« code d’identification personnel »

“personal identification code” means a series or combination of numbers, letters or other characters that is chosen by a person or that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area.

“primary security line”

« première ligne de sûreté »

“primary security line” means the boundary between a restricted area and a non-restricted area at an aerodrome.

“primary security line partner”

« partenaire de la première ligne de sûreté »

“primary security line partner” means a business, organization or non-profit group — other than the operator of an aerodrome, CATSA, a government department or agency or the police service with jurisdiction at an aerodrome — that occupies an area that is on an aerodrome’s primary security line and that includes a restricted area access point. This definition includes, but is not limited to, a commercial lessee of the operator of an aerodrome.

“regulatory requirement”

« exigence réglementaire »

“regulatory requirement” means a requirement of

  • (a) these Regulations;

  • (b) any other aviation security regulations;

  • (c) a security measure;

  • (d) an interim order; or

  • (e) a ministerial order.

“restricted area”

« zone réglementée »

“restricted area” means any part of an aerodrome that is designated as a restricted area by the operator of the aerodrome in accordance with a regulatory requirement.

“restricted area access point”

« point d’accès aux zones réglementées »

“restricted area access point” means an opening in a security barrier that allows access to a restricted area.

“restricted area identity card”

« carte d’identité de zone réglementée »

“restricted area identity card” means a restricted area pass issued by or under the authority of the operator of an aerodrome listed in Schedule 1 or 2.

“restricted area pass”

« laissez-passer de zone réglementée »

“restricted area pass” means a pass issued by or under the authority of the operator of an aerodrome to a person who requires ongoing access to restricted areas as part of the person’s employment.

“screening authority”

« administration de contrôle »

“screening authority” means a person responsible for the screening of persons and goods.

“screening officer”

« agent de contrôle »

“screening officer” has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act.

“security barrier”

« enceinte de sûreté »

“security barrier” means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area.

“security personnel”

“security personnel”[Repealed, SOR/2014-153, s. 2]

“sensitive information respecting aviation security”

« renseignements délicats relatifs à la sûreté aérienne »

“sensitive information respecting aviation security” means information — including information respecting risks, threats, vulnerabilities, systems, equipment, controls and procedures as well as plans and technical drawings — that could be used to exploit or create a vulnerability or to facilitate an act or attempted act of unlawful interference with civil aviation.

“specific list of prohibited items”

« liste spécifique des articles interdits »

“specific list of prohibited items” means Part 2 of TP 14628, which lists flights or classes of flights that require additional screening for reasons respecting elevated threat conditions or respecting the harmonization of screening rules and which lists or describes, for each flight or class of flight, goods that are supplemental to the goods listed or described in the general list of prohibited items.

“sterile area”

« zone stérile »

“sterile area” means a restricted area, including any passenger loading bridge attached to it, that is used to segregate the following persons from other persons at an aerodrome:

  • (a) passengers who have been screened;

  • (b) passengers who are exempted from screening in accordance with an aviation security regulation, a security measure, an emergency direction or an interim order; and

  • (c) other persons who are authorized to be in the area by the operator of the aerodrome.

“TP 14628”

« TP 14628 »

“TP 14628” means the document entitled Prohibited Items List, published by the Department of Transport in March 2011, as amended from time to time.

“weapon”

« arme »

“weapon” has the same meaning as in section 2 of the Criminal Code.

  • SOR/2012-48, s. 1;
  • SOR/2014-153, s. 2.