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

Restricted Area Access Control Process

Marginal note:Use of identity verification system

320 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.

Control of Access to Restricted Areas

Marginal note:Unauthorized access prohibition

321 A person must not enter or remain in a restricted area unless the person

• (a) is a person to whom a restricted area identity card has been issued; or

• (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.

Marginal note:Restricted area identity cards — conditions of use

• 322 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless

  • (a) they are acting in the course of their employment;

  • (b) the card is in their possession;

  • (c) the card is active; and

  • (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.

• Marginal note:Exception

  (2) Paragraph (1)(d) does not apply to crew members.

Marginal note:Display of restricted area identity cards

• 323 (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.

• Marginal note:Display of temporary passes

  (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.

Marginal note:Oversight

324 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of

• (a) an active restricted area identity card that has been issued to the person; or

• (b) a document of entitlement, other than a restricted area identity card, for the restricted area.

Business Continuity Plans

Marginal note:Business continuity plans

• 325 (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 324 in the event that the operator is unable to use its restricted area access control process to comply with that section.

• Marginal note:Implementation

  (2) The operator of the aerodrome must implement its business continuity plan and immediately notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 324.

• Marginal note:Notification of delay

  (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 324.

• Marginal note:Ministerial access

  (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Database backup

326 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.

Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes

Marginal note:General prohibitions

• 327 (1) A person must not

  • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;

  • (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;

  • (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;

  • (d) use a restricted area identity card or a key that has been issued to another person;

  • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;

  • (f) use a counterfeit restricted area identity card or a counterfeit key; or

  • (g) make a copy of a restricted area identity card or a key.

• Marginal note:Disclosure or use of codes

  (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not

  • (a) disclose a combination code or personal identification code; or

  • (b) use another person’s combination code or personal identification code.

Marginal note:Report of loss or theft

• 328 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.

• Marginal note:Employer’s duty to report

  (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.

Marginal note:Report of non-functioning card

329 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.

330 [Repealed, SOR/2014-153, s. 26]

Presentation and Surrender of Restricted Area Identity Cards

Marginal note:Presentation on demand

• 331 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.

• Marginal note:Presentation during screening

  (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.

Marginal note:Surrender on demand

• 332 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.

• Marginal note:Demand by Minister or operator

  (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen;

  • (b) the card has been deactivated; or

  • (c) the surrender of the card is required to ensure aviation security.

• Marginal note:Demand by screening officer

  (3) A screening officer may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen;

  • (b) the card has been deactivated; or

  • (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.

• Marginal note:Demand by peace officer

  (4) A peace officer may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen; or

  • (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.

Marginal note:Return of cards

333 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.

Marginal note:Notification of Minister

334 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 332(2)(c).

Escort and Surveillance

Marginal note:General requirement

• 335 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card

  • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or

  • (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.

• Marginal note:Exceptions

  (2) This section does not apply in respect of the following persons:

  • (a) passengers who have been screened; and

  • (b) inspectors.

Marginal note:Escort ratio

• 336 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.

• Marginal note:Surveillance ratio

  (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.

Marginal note:Requirement to remain together

• 337 (1) A person under escort must remain with the escort while the person is in a restricted area.

• Marginal note:Idem

  (2) An escort must remain with the person under escort while the person is in a restricted area.

• Marginal note:Requirement to inform

  (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.

Marginal note:Screening requirement

338 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Exception — conveyances

• 339 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.

• Marginal note:Exception to exception

  (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 336.

Marginal note:Escort conveyances

340 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for

• (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;

• (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and

• (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Inspectors

Marginal note:Exemption

341 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.

Marginal note:Inspector’s credentials

342 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.

Marginal note:Escort privileges

343 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector

• (a) is acting in the course of their employment;

• (b) does not escort more than 10 persons at one time;

• (c) remains with the person while the person is in the restricted area;

• (d) ensures that the person remains with the inspector while the person is in the restricted area; and

• (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Conveyance escort privileges

• 344 (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector

  • (a) is acting in the course of their employment;

  • (b) does not escort more than 10 persons at one time; and

  • (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

• Marginal note:Additional conditions

  (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must

  • (a) remain with the person; and

  • (b) ensure that the person remains with the inspector.

• Marginal note:Idem

  (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

• Marginal note:Idem

  (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.