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

PART 2CATSA Security Program

CATSA Security Program Requirements

Marginal note:Requirement to establish and implement

• 65 (1) CATSA must establish and implement a security program in order to safeguard information, equipment, information technology infrastructure, facilities and all other assets related to screening operations.

• Marginal note:Program requirements

  (2) As part of its security program, CATSA must

  • (a) develop a security policy statement that establishes an overall security commitment and direction and sets out the security objectives;

  • (b) establish and implement a security awareness program that promotes a culture of vigilance among its employees;

  • (c) conduct a security risk assessment in accordance with section 69;

  • (d) assess risk information and disseminate it within its organization for the purpose of facilitating informed decision-making about security;

  • (e) establish a strategic security plan in accordance with section 73;

  • (f) identify the security official referred to in subsection (3);

  • (g) subject to section 31, establish and implement a process for receiving, identifying, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access; and

  • (h) establish and implement a process for responding to security incidents and breaches.

• Marginal note:Security official

  (3) CATSA must have, at all times, at least one security official or acting security official who is responsible for acting as the principal contact between CATSA and the Minister with respect to the security program.

Marginal note:Documentation

• 66 (1) CATSA must keep

  • (a) documentation related to its security risk assessment and any review of it for at least five years;

  • (b) documentation related to its strategic security plan and any amendment to it for at least five years; and

  • (c) all other documentation related to its security program for at least two years.

• Marginal note:Ministerial access

  (2) CATSA must make the documentation available to the Minister on reasonable notice given by the Minister.

Marginal note:Requirement to amend

67 CATSA must amend its security program if it identifies a security risk that is not addressed by the program.

Committees

Marginal note:Multi-agency advisory committee

68 CATSA must be an active member of an aerodrome’s multi-agency advisory committee referred to in sections 196 and 353.

Security Risk Assessments

Marginal note:Security risk assessments

69 CATSA must have a security risk assessment that identifies and assesses the risks in respect of information, equipment, information technology infrastructure, facilities and all other assets related to screening operations and that includes the following elements:

• (a) a threat assessment that evaluates the probability of a disruption to security screening services caused by an unauthorized access or an act or attempted act of unlawful interference;

• (b) a criticality assessment that prioritizes the information, equipment, information technology infrastructure, facilities and all other assets related to screening operations that most require protection from acts and attempted acts of unlawful interference;

• (c) a vulnerability assessment that considers the extent to which information, equipment, information technology infrastructure, facilities and all other assets related to screening operations are susceptible to loss or damage; and

• (d) an impact assessment that, at a minimum, measures the consequences of a security screening incident or potential security screening incident in terms of

  • (i) a decrease in public safety and security,

  • (ii) financial and economic loss, and

  • (iii) a loss of public confidence.

Marginal note:Submission for approval

• 70 (1) CATSA must submit its initial security risk assessment to the Minister for approval.

• Marginal note:Submission — five years

  (2) CATSA must submit a new security risk assessment to the Minister within five years after the date of the most recent approval.

Marginal note:Security risk assessment — annual review

• 71 (1) CATSA must conduct a review of its security risk assessment at least once a year.

• Marginal note:Security risk assessment — other reviews

  (2) CATSA must also conduct a review of its security risk assessment if

  • (a) it acquires new equipment, information technology infrastructure, facilities or any other new assets related to screening operations;

  • (b) it makes changes to security screening operations that could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

  • (c) a change in regulatory requirements could affect information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; or

  • (d) it identifies a vulnerability that is not addressed in the assessment or the Minister identifies such a vulnerability to CATSA.

• Marginal note:Equivalency

  (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

• Marginal note:Documentation

  (4) When CATSA conducts a review of its security risk assessment, it must document

  • (a) any decision to amend or to not amend the assessment or the risk-management strategy;

  • (b) the reasons for that decision; and

  • (c) the factors that were taken into consideration in making that decision.

• Marginal note:Notification

  (5) CATSA must notify the Minister if, as a result of a review of its security risk assessment, it amends the assessment

  • (a) to include a new medium to high risk; or

  • (b) to raise or lower the level of a risk within the medium to high range.

Marginal note:Approval

72 The Minister must approve a security risk assessment submitted by CATSA if

• (a) the assessment meets the requirements of section 69;

• (b) the assessment has been reviewed by an executive within CATSA who is responsible for security;

• (c) CATSA has considered all available and relevant information; and

• (d) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations.

Strategic Security Plans

Marginal note:Strategic security plans

• 73 (1) CATSA must establish a strategic security plan that

  • (a) summarizes its strategy to prepare for, detect, prevent, respond to and recover from threats identified in the security risk assessment; and

  • (b) includes a risk-management strategy that addresses the medium to high security risks identified and prioritized in its security risk assessment.

• Marginal note:Submission for approval

  (2) CATSA must submit its strategic security plan to the Minister for approval.

• Marginal note:Approval of plan

  (3) The Minister must approve a strategic security plan submitted by CATSA if

  • (a) the plan meets the requirements of subsection (1);

  • (b) the plan has been reviewed by an executive within CATSA who is responsible for security;

  • (c) the plan is likely to enable CATSA to prepare for, detect, prevent, respond to and recover from an unauthorized access to or acts or attempted acts of unlawful interference with information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

  • (d) the risk-management strategy is in proportion to the risks it addresses;

  • (e) CATSA has not overlooked a security risk that could compromise information, equipment, information technology infrastructure, facilities or any other assets related to screening operations; and

  • (f) the plan can be implemented without compromising security.

• Marginal note:Implementation

  (4) CATSA must, as soon as its strategic security plan is approved, implement its risk-management strategy.

Marginal note:Amendments

• 74 (1) CATSA may amend its strategic security plan at any time, but must do so if

  • (a) the plan does not reflect CATSA’s most recent security risk assessment;

  • (b) the Minister informs CATSA that there is a change in the threat environment that could result in a new or unaddressed medium to high risk to information, equipment, information technology infrastructure, facilities or any other assets related to screening operations;

  • (c) CATSA identifies a deficiency in the plan; or

  • (d) the Minister informs CATSA that its risk-management strategy is not in proportion to a risk set out in its security risk assessment.

• Marginal note:Documentation

  (2) If CATSA amends its strategic security plan, it must document

  • (a) the reason for the amendment; and

  • (b) the factors that were taken into consideration in making that amendment.

• Marginal note:Submission of amendment

  (3) If CATSA amends its strategic security plan, it must, as soon as possible, submit the amendment to the Minister for approval.

• Marginal note:Approval

  (4) The Minister must approve an amendment if

  • (a) in the case of an amendment to the summary required under paragraph 73(1)(a), the conditions set out in paragraphs 73(3)(a) to (c) have been met; or

  • (b) in the case of an amendment to the risk-management strategy required under paragraph 73(1)(b), the conditions set out in paragraphs 73(3)(a) to (f) have been met.

• Marginal note:Implementation

  (5) If CATSA amends its risk-management strategy, it must implement the amended version of the strategy once it is approved by the Minister.

Disclosure of Information

Marginal note:Prohibition

75 A person other than the Minister must not disclose security-sensitive information that is created or used under this Part unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

PART 3Weapons, Explosive Substances and Incendiary Devices

Overview

Marginal note:Part overview

76 This Part sets out prohibitions respecting weapons, explosive substances and incendiary devices at aerodromes and on board aircraft. This Part also sets out exceptions to those prohibitions.

At Aerodromes

Marginal note:Prohibition — sale

77 A person must not sell or offer for sale any of the following goods in a restricted area:

• (a) a weapon;

• (b) a model or replica of a weapon;

• (c) an explosive substance; and

• (d) an incendiary device.

Marginal note:Prohibition — carriage, transportation and access

• 78 (1) Subject to subsection (2), a person must not carry, transport or have access to a weapon, an explosive substance or an incendiary device at an aerodrome.

• Marginal note:Exceptions

  (2) A person described in column 1 of the table to this subsection may, at an aerodrome, carry, transport or have access to the goods set out in column 2 if the conditions set out in column 3 are met.

  Item	Column 1	Column 2	Column 3
  	Person	Permitted Goods	Conditions
  1	any person	an unloaded firearm	the person is carrying or transporting the unloaded firearm, or has access to it, for the purpose of transporting it by air as checked baggage or cargo
  2	a peace officer	a weapon and ammunition	the peace officer is acting in the course of their duties
  3	the pilot-in-command of an aircraft that is operated by an air carrier	an unloaded firearm	the pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1)
  4	the pilot-in-command of an aircraft that is operated by a person other than an air carrier	an unloaded firearm and ammunition	the pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2)
  5	an employee of a federal or provincial department or agency who is engaged in wildlife control, other than a person described in item 22, column 1	an unloaded firearm	the employee is taking a flight on an aircraft operated by an air carrier and the employee is authorized by the air carrier under subsection 533(1)
  6	a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm	a firearm and ammunition	the person is engaged in the protection of persons or property at the aerodrome
  7	a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearm	a firearm and ammunition	the person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome
  8	any person	an explosive substance or incendiary device	the person is carrying or transporting the explosive substance or incendiary device, or has access to it, for the purpose of tendering it for transportation by an air carrier
  9	any person	an explosive substance or incendiary device	the person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome
  10	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	defensive equipment	the border services officer is acting in the course of their duties
  11	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	an agency firearm and ammunition	the border services officer is acting in the course of their duties and is inside an air terminal building in a baggage make-up area, a commercial office or a firearms storage room, or outside an air terminal building
  12	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	an agency firearm and ammunition	the border services officer is acting in the course of their duties, has come from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome, and is conducting one of the following activities inside an air terminal building for no longer than one hour unless exigent circumstances exist: (a) providing necessary expertise to another border services officer or to a US preclearance officer in respect of an examination that is underway; (b) conducting an examination using canines; (c) continuing to monitor persons, baggage or other goods to verify compliance with program legislation as defined in section 2 of the Canada Border Services Agency Act if the monitoring commenced in an area described in item 11, column 3, or on board an aircraft on the ground at the aerodrome; (d) escorting persons, baggage or other goods from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome
  13	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	an agency firearm and ammunition	the border services officer is acting in the course of their duties, has come from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome, and is taking a break or having a meal inside an air terminal building for no longer than one hour
  14	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome	an agency firearm and ammunition	the border services officer is acting in the course of their duties and is transiting inside an air terminal building between (a) any of the areas described in item 11, column 3, or an aircraft on the ground at the aerodrome; or (b) an area described in item 11, column 3, or an aircraft on the ground at the aerodrome, and an area inside an air terminal building where the officer will conduct one of the activities described in paragraphs 12(a) to (d), column 3, or take a break or have a meal
  15	a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is one of the following aerodromes, except if preclearance areas have been designated under subsection 6(1) of the Preclearance Act, 2016 at the aerodrome: (a) Montréal International (Mirabel); (b) an aerodrome listed in Schedule 2 or 3; (c) a place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act; (d) an aerodrome to which Part 7 applies	an agency firearm and ammunition	in order to carry out their duties, the border services officer is required to transit frequently between an area where they are permitted to carry, transport or have access to an agency firearm and ammunition in accordance with items 11 to 14 and another area inside an air terminal building, in which case, the one-hour limit set out in items 12 and 13, column 3, does not apply
  16	a border services officer who is not wearing a Canada Border Services Agency uniform and whose ordinary place of work is not an aerodrome	defensive equipment, an agency firearm and ammunition	the border services officer is acting in the course of their duties, is inside an air terminal building and, for the purposes of administering and enforcing program legislation as defined in section 2 of the Canada Border Services Agency Act, is (a) gathering intelligence; (b) responding to a threat posed by a person or goods if the threat was identified by the Canada Border Services Agency; or (c) planning or conducting an intelligence, administrative or criminal investigation
  17	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	defensive equipment	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016
  18	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	a US inspection agency firearm and US inspection agency ammunition	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 and is inside an air terminal building in a baggage make-up area or a firearms storage room, or outside an air terminal building
  19	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	a US inspection agency firearm and US inspection agency ammunition	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016, has come from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome, and is conducting one of the following activities inside an air terminal building for no longer than one hour unless exigent circumstances exist: (a) providing necessary expertise to another US preclearance officer in respect of an examination that is underway; (b) conducting an examination using canines; (c) escorting persons, baggage or other goods from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome
  20	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	a US inspection agency firearm and US inspection agency ammunition	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016, has come from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome, and is taking a break or having a meal inside an air terminal building for no longer than one hour
  21	a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome	a US inspection agency firearm and US inspection agency ammunition	the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 and is transiting inside an air terminal building between (a) any of the areas described in item 18, column 3, or an aircraft on the ground at the aerodrome; or (b) an area described in item 18, column 3, or an aircraft on the ground at the aerodrome, and an area inside an air terminal building where the officer will conduct one of the activities described in paragraphs 19(a) to (c), column 3, or take a break or have a meal
  22	any of the following persons: (a) a person designated as a fishery officer under subsection 5(1) of the Fisheries Act; (b) a person designated as a park warden under section 18 of the Canada National Parks Act; (c) a person designated as an enforcement officer under section 19 of the Canada National Parks Act; (d) a person designated as an enforcement officer under subsection 217(1) of the Canadian Environmental Protection Act, 1999; (e) a person designated as a game officer under subsection 6(1) of the Migratory Birds Convention Act, 1994; (f) a person designated as an enforcement officer under subsection 85(1) of the Species at Risk Act; (g) a person designated as a wildlife officer under subsection 11(1) of the Canada Wildlife Act; (h) a person designated as an enforcement officer under subsection 29(1) of the Antarctic Environmental Protection Act; (i) a person designated as an officer under subsection 12(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; (j) a person designated as a marine conservation area warden under section 18 of the Canada National Marine Conservation Areas Act; (k) a person designated as an enforcement officer under section 19 of the Canada National Marine Conservation Areas Act; (l) a person designated as an enforcement officer under section 13 of the Saguenay-St. Lawrence Marine Park Act; (m) a person designated as a park warden under section 23 of the Rouge National Urban Park Act; (n) a person designated as an enforcement officer under section 24 of the Rouge National Urban Park Act	defensive equipment, a loaded agency firearm and ammunition	the person (a) is acting in the course of their duties at the aerodrome; or (b) is taking a flight and is authorized by the operator of the aircraft under section 533.1

• Marginal note:Consumption of alcoholic beverages

  (3) An employee of a federal or provincial department or agency who is engaged in wildlife control, and who carries, transports or has access to an unloaded firearm at an aerodrome, must not consume any alcoholic beverage.

• Marginal note:Definition of commercial office

  (4) For the purposes of subsection (2), commercial office means an area of a customs office designated under section 5 of the Customs Act that is used primarily for the reporting, examination and release under that Act of commercial goods, as defined in section 2 of the Reporting of Imported Goods Regulations.