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

Regulations are current to 2016-02-03 and last amended on 2015-07-16. Previous Versions

[520 to 524 reserved]

PART 8Aircraft Security

Overview

Marginal note:Part overview

 This Part sets out requirements for air carriers, other operators of aircraft and persons on board aircraft.

Weapons, Explosive Substances and Incendiary Devices

Marginal note:Weapons
  •  (1) An air carrier must not allow a person who is on board an aircraft to carry or have access to a weapon unless the air carrier has authorized the person to do so under section 531 or 533.

  • Marginal note:Explosive substances and incendiary devices

    (2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device.

Marginal note:Transport of loaded firearms
  •  (1) An air carrier must not knowingly allow a person, other than a Canadian in-flight security officer who is acting in the course of their duties, to transport a loaded firearm on board an aircraft.

  • Marginal note:Transport of explosive substances and incendiary devices

    (2) An air carrier must not knowingly allow a person to transport an explosive substance, other than ammunition, or an incendiary device on board an aircraft unless the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome where it is to be accepted by the air carrier for transportation.

  • SOR/2014-153, s. 38.
Marginal note:Transport of unloaded firearms

 An air carrier must not knowingly allow a person to transport an unloaded firearm on board an aircraft unless the person has declared to the air carrier that the firearm is unloaded.

Marginal note:Storage of unloaded firearms

 An air carrier that transports an unloaded firearm on board an aircraft must store the firearm so that it is not accessible to any person on board the aircraft other than crew members.

Marginal note:Prohibition — alcoholic beverages

 An air carrier must not provide a person who carries or has access to a firearm on board an aircraft with any alcoholic beverage.

Marginal note:Authorizations for peace officers

 An air carrier may authorize a peace officer to carry or have access to an unloaded firearm on board an aircraft if

  • (a) the peace officer, while acting in the course of their duties, requires access to the firearm immediately before, during or immediately after the flight;

  • (b) the peace officer informs the air carrier, at least two hours before the aircraft leaves the aerodrome or, in an emergency, as soon as feasible before the departure of the flight, that a firearm will be on board;

  • (c) the peace officer shows a representative of the air carrier identification, issued by the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

  • (d) the peace officer completes the form used by the air carrier to authorize the carriage of a firearm on board an aircraft;

  • (e) the air carrier verifies the identification referred to in paragraph (c)

    • (i) before the peace officer enters a restricted area from which the officer may board the aircraft, or

    • (ii) before the peace officer boards the aircraft, if the aerodrome does not have a restricted area from which the officer may board the aircraft; and

  • (f) the air carrier provides the peace officer with the original or a copy of the completed form referred to in paragraph (d).

  • SOR/2014-153, s. 39.
Marginal note:Requirement to inform
  •  (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier must, before the departure of the flight,

    • (a) inform the pilot-in-command of the aircraft by means of the original or a copy of the completed form referred to in paragraph 531(d); and

    • (b) subject to subsection (2), inform the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft.

  • Marginal note:Undercover operations

    (2) If a peace officer who is carrying or has access to a firearm on board an aircraft is engaged in an undercover operation and requests that the air carrier not reveal the officer’s presence to any person on board the aircraft other than the pilot-in-command, the air carrier must comply with that request.

  • SOR/2014-153, s. 40.
Marginal note:Unloaded firearm authorizations — air carriers
  •  (1) An air carrier may authorize the following persons to carry or have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes:

    • (a) the pilot-in-command of the aircraft; and

    • (b) an employee of a federal or provincial department or agency who is engaged in wildlife control.

  • Marginal note:Unloaded firearm authorizations — other operators

    (2) An operator of an aircraft, other than an air carrier, may authorize the pilot-in-command of the aircraft to carry or have access to an unloaded firearm and ammunition on board the aircraft if the firearm and ammunition are necessary for survival purposes.

Persons in the Custody of an Escort Officer

Marginal note:Definition of “organization responsible for the person in custody”
  •  (1) In this section, organization responsible for the person in custody does not include a person or an organization that provides escort officer services under a contract for remuneration.

  • Marginal note:Air carrier conditions

    (2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless

    • (a) the organization responsible for the person in custody has provided the air carrier with a written confirmation that the organization has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the travelling public and the operations of the air carrier and aerodrome;

    • (b) the air carrier and the organization responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number must be at least

      • (i) two escort officers to escort each person who is a maximum risk,

      • (ii) one escort officer to escort each person who is a medium risk, and

      • (iii) one escort officer to escort not more than two persons who are a minimum risk;

    • (c) the person in custody is escorted by the agreed number of escort officers;

    • (d) the organization responsible for the person in custody has given a written notice to the air carrier at least two hours or, in an emergency, as soon as feasible before the departure of the flight, stating

      • (i) the identity of each escort officer and the person in custody and the reasons why the person requires an escort,

      • (ii) the level of risk that the person in custody represents to the safety of the public, and

      • (iii) the flight on which the person in custody will be transported;

    • (e) each escort officer shows a representative of the air carrier identification, issued by the organization responsible for the person in custody or the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

    • (f) an escort officer completes the form used by the air carrier to authorize the transportation of a person in custody; and

    • (g) the air carrier verifies the identification referred to in paragraph (e)

      • (i) before the escort officer enters a restricted area from which the escort officer may board the aircraft, or

      • (ii) before the escort officer boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft.

  • Marginal note:Escort officer conditions

    (3) An escort officer must not escort a person in custody on board an aircraft unless the escort officer

    • (a) provides the operator of the aerodrome with a copy of the written notice referred to in paragraph (2)(d) at least two hours or, in an emergency, as soon as feasible before the departure of the flight; and

    • (b) shows a representative of the air carrier the identification referred to in paragraph (2)(e).

  • Marginal note:Transport of more than one person in custody

    (4) An air carrier that transports a person in custody who is a maximum risk to the public must not transport any other person in custody on board the aircraft.

 
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