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

PART 1Screening

Overview

Marginal note:Part overview

4 This Part sets out requirements for screening officers, screening authorities and persons who are subject to screening. This Part is also a supplement to section 4.85 of the Act, which sets out several prohibitions respecting screening.

Application

Marginal note:Application

4.1 This Part applies in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Screening Officers

Marginal note:Qualifications

• 5 (1) A screening authority must not permit a screening officer to screen persons or goods unless the screening officer

  • (a) is at least 18 years of age;

  • (b) is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (c) is able to communicate effectively both orally and in writing in one or both official languages;

  • (d) has a security clearance;

  • (e) has taken the training referred to in section 20 and, if applicable, the ongoing training referred to in section 23;

  • (f) has successfully completed the evaluation in accordance with section 22 and, if applicable, subsection 23(4), demonstrating their competence in the carrying out of their screening duties;

  • (g) is certified by the screening authority as meeting the requirements referred to in paragraphs (a) to (f); and

  • (h) is designated by the Minister under section 4.84 of the Act.

• Marginal note:Supervision

  (2) The screening authority must ensure that any person who acts or will act as a screening officer for it or on its behalf meets the requirements set out in subsection (1).

• Marginal note:Requalification — absence of more than a month

  (3) If the screening officer is absent from work for more than one month but less than 18 months, the screening authority must ensure that, before the screening officer resumes their duties, the screening officer is evaluated and takes any necessary training on the training elements set out in section 20 to ensure their competency.

• Marginal note:Requalification — absence of 18 months or more

  (4) If the screening officer is absent from work for 18 months or more, the screening authority must ensure that the screening officer takes the training referred to in section 20 and is then evaluated to ensure their competency before they resume their duties.

Marginal note:Cancellation of certification

• 5.1 (1) The screening authority must cancel the certification granted to a person in accordance with paragraph 5(1)(g) if

  • (a) the person ceases to be employed as a screening officer;

  • (b) the person no longer meets the requirements set out in section 5 to conduct screening; or

  • (c) the person’s designation is cancelled by the Minister.

• Marginal note:Notice to Minister

  (2) The screening authority must notify the Minister when a screening officer’s certification is cancelled under paragraph (1)(a) or (b).

Marginal note:Corrective actions

• 5.2 (1) The screening authority must take corrective actions if a screening officer is unable to carry out their screening duties effectively.

• Marginal note:Plan

  (2) The corrective actions must include a plan that addresses any screening deficiencies.

• Marginal note:Evaluation

  (3) The screening authority must evaluate the screening officer to ensure the screening officer’s competency to carry out their duties effectively before they resume their duties.

Marginal note:Record

• 5.3 (1) The screening authority must create a training and certification record for each screening officer and make it available to the Minister on reasonable notice given by the Minister.

• Marginal note:Record keeping

  (2) The screening authority must keep the records for at least 90 days after the day on which the screening officer ceases to be employed.

Official Languages

Marginal note:Official languages

6 At the airports that are listed in Schedule 1 and at all aerodromes where there is a significant demand for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations, a screening authority must

• (a) carry out screening by means that allow effective communication with members of the public in the official language of their choice; and

• (b) provide in both official languages any printed or pre-recorded material that is used in respect of screening.

Carriage of Weapons, Explosive Substances and Incendiary Devices During Screening

Marginal note:Prohibition

• 7 (1) Subject to subsection (2), a person must not present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to a weapon, an explosive substance or an incendiary device.

• Marginal note:Exception

  (2) A person who is permitted under subsection 78(2) to carry, transport or have access to a weapon, an explosive substance or an incendiary device may present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to that weapon, substance or device.

Marginal note:Notification of screening officers

• 8 (1) If a screening authority is notified by an air carrier that a peace officer will be carrying or will have access to a firearm on board an aircraft, the screening authority must notify all the screening officers with whom the peace officer will come into contact that the peace officer will be carrying or will have access to a firearm on board the aircraft.

• Marginal note:Notification by peace officer

  (2) If the peace officer is authorized by the air carrier under section 531, the peace officer must present the identification and the form referred to in that section to the screening officers.

Identity Screening

8.1 [Repealed, SOR/2022-92, s. 4]

Marginal note:Definition of required identification

• 8.2 (1) For the purposes of sections 8.3 and 8.4, required identification means

  • (a) one piece of valid government-issued photo identification that shows the holder’s name and date of birth;

  • (b) two pieces of valid government-issued identification, at least one of which shows the holder’s name and date of birth; or

  • (c) a restricted area identity card.

• Marginal note:Exclusion

  (2) A document issued by a government for the purposes of fishing, hunting or boating is not required identification.

Marginal note:Identity screening — age

• 8.3 (1) A screening authority must not allow a person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person, in accordance with these Regulations and any applicable security measure, emergency direction or interim order, by looking at the person, and in particular their entire face, to determine if they appear to be 18 years of age or older.

• Marginal note:Identity screening — required identification

  (2) A screening authority must not allow a person referred to in subsection (1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person

  • (a) by comparing the person, and in particular their entire face, against the required identification, if applicable; and

  • (b) by comparing the name on the person’s document of entitlement with the name on the required identification.

Marginal note:Lost or stolen identification

• 8.4 (1) If a person referred to in subsection 8.3(1) who appears to be 18 years of age or older presents documentation that is issued by a government or a police service and that attests to the loss or theft of the required identification, a screening authority must not allow the person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority

  • (a) screens the person’s identity using alternative forms of identification; and

  • (b) carries out an additional screening of the person, and of any goods in their possession or control, for goods listed or described in the general list of prohibited items.

• Marginal note:Examples

  (2) Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.

Marginal note:Refusal of entry

• 8.5 (1) A screening authority must not allow a person referred to in subsection 8.3(1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area if

  • (a) the person presents a piece of photo identification and does not resemble the photograph;

  • (b) the person presents more than one form of identification and there is a significant discrepancy between those forms of identification; or

  • (c) there is a significant discrepancy between the name on the identification presented by the person and the name on their document of entitlement.

• Marginal note:Medical exceptions

  (2) Paragraph (1)(a) does not apply in respect of a person referred to in subsection 8.3(1) if

  • (a) the person’s appearance changed for medical reasons after the photograph was taken and the person presents the screening authority with a document signed by a health care professional and attesting to that fact; or

  • (b) the person’s face is bandaged for medical reasons and the person presents the screening authority with a document signed by a health care professional and attesting to that fact.

Screening for Prohibited Items

9 [Repealed, SOR/2022-92, s. 7]

Marginal note:Prohibited items

• 10 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a screening authority must not permit the person to pass beyond a screening checkpoint into a sterile area unless the screening authority ensures that the person is not in possession or control of any goods that

  • (a) are listed or described in the general list of prohibited items; or

  • (b) pose an immediate threat to aviation security.

• Marginal note:Specific list

  (2) If the sterile area is for passengers for a flight or class of flight that is listed in the specific list of prohibited items, the screening authority must not permit the person to pass beyond a screening checkpoint into the area unless the screening authority also ensures that the person is not in possession or control of any goods that are listed or described in that list for that flight or class of flight.

Marginal note:Weapons, explosive substances and incendiary devices

11 A screening authority may permit a person in possession or control of a weapon, an explosive substance or an incendiary device to pass beyond a screening checkpoint into a sterile area if the person is carrying or has access to the weapon, explosive substance or incendiary device in accordance with these Regulations, a security measure, an emergency direction or an interim order.

Marginal note:Medically necessary goods

12 A screening authority may permit a person in possession or control of goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the goods are medically necessary and the person declares them to the screening authority.

13 [Repealed, SOR/2022-92, s. 8]

Circumventing Screening

Marginal note:Circumventing screening

14 If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or any goods in their possession or control to be screened, another person must not assist that person in circumventing the screening.

Screening of Checked Baggage

Marginal note:Use of force

14.1 If a piece of checked baggage is locked or sealed, a screening authority is authorized to use force when it is necessary to gain access to the contents of the piece of checked baggage for the purposes of screening.

Marginal note:Notice

• 14.2 (1) When a screening authority uses force to gain access to the contents of a piece of checked baggage that is being screened, the screening authority must notify the person who tendered the checked baggage that it was opened by force.

• Marginal note:Record

  (2) The screening authority must create a record of each instance in which force is used to gain access to the contents of a piece of checked baggage that is being screened.

• Marginal note:Record keeping

  (3) The screening authority must keep the record for at least 180 days.

• Marginal note:Provision of record to Minister

  (4) The screening authority must provide the record to the Minister on reasonable notice given by the Minister.