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

Marginal note:Oversight and corrective actions

• 78.1 (1) The agency that employs the person described in items 10 to 21, column 1, of the table to subsection 78(2) must ensure that that person meets the conditions set out in column 3 of those items and, in the case where the agency identifies a failure to comply with a condition, it must immediately take corrective actions to prevent the recurrence of the failure.

• Marginal note:Records — failure to comply with condition

  (2) Each time the agency identifies a failure to comply with a condition, it must create a record that includes

  • (a) the date on which the failure occurred;

  • (b) a description of the failure; and

  • (c) a description of the corrective actions that were taken to prevent the recurrence of the failure.

• Marginal note:Provision of records to Minister

  (3) The agency must provide the Minister with the records on reasonable notice given by the Minister.

Marginal note:Records — exigent circumstances

• 78.2 (1) Each time a person described in item 12 or 19, column 1, of the table to subsection 78(2) exceeds, due to exigent circumstances, the one-hour period referred to in column 3, the agency that employs that person must create a record that includes

  • (a) the date on which the one-hour period was exceeded;

  • (b) the amount of time by which the one-hour period was exceeded; and

  • (c) a description of the exigent circumstances.

• Marginal note:Provision of records to Minister

  (2) The agency must provide the Minister with the records on reasonable notice given by the Minister.

On Board Aircraft

Marginal note:Weapons

• 79 (1) Subject to subsections (2.1) to (4), a person must not carry or have access to a weapon on board an aircraft.

• Marginal note:Explosive substances and incendiary devices

  (2) Subject to subsections (2.1) to (2.4), (3.1) and (4), a person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.

• Marginal note:Exception — air carrier flights

  (2.1) A Canadian in-flight security officer who is acting in the course of their duties may carry or have access to a loaded firearm on board an aircraft operated by an air carrier.

• Marginal note:Exception — border services officer

  (2.2) A border services officer who is acting in the course of their duties may carry or have access to defensive equipment, an agency firearm and ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — US preclearance officer

  (2.3) A US preclearance officer who is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 may carry or have access to defensive equipment, a US inspection agency firearm and US inspection agency ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — certain federal employees

  (2.4) A person described in item 22, column 1, of the table to subsection 78(2) who is acting in the course of their duties may carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — air carrier flights

  (3) The following persons may carry or have access to an unloaded firearm on board an aircraft operated by an air carrier:

  • (a) a peace officer who is authorized by the air carrier under section 531;

  • (b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 533(1); and

  • (c) an employee of a federal or provincial department or agency who is engaged in wildlife control and who is authorized by the air carrier under subsection 533(1).

• Marginal note:Exception — certain federal employees

  (3.1) A person described in item 22, column 1, of the table to subsection 78(2) may carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft, if authorized by the operator of the aircraft under section 533.1.

• Marginal note:Exception — other operators’ flights

  (4) The pilot-in-command of an aircraft operated by a person other than an air carrier may carry or have access to an unloaded firearm and ammunition on board the aircraft if authorized by the operator of the aircraft under subsection 533(2).

• Marginal note:Consumption of alcoholic beverages

  (5) The following persons must not consume any alcoholic beverage if they are on board an aircraft and are carrying or have access to an unloaded firearm:

  • (a) a peace officer; and

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

Transport and Tendering for Transportation

Marginal note:General prohibitions

• 80 (1) Subject to subsection (3), a person must not transport any of the following goods on board an aircraft operated by an air carrier or tender them for transportation by an air carrier:

  • (a) a loaded firearm;

  • (b) an explosive substance other than ammunition; and

  • (c) an incendiary device.

• Marginal note:Unloaded firearms

  (2) A person must not tender an unloaded firearm to an air carrier for subsequent acceptance and transportation unless the person declares to the air carrier that the firearm is unloaded.

• Marginal note:Exception

  (3) A person may transport an explosive substance or an incendiary device on board an aircraft operated by an air carrier, or tender it for transportation by an air carrier, if the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome.

False Declarations

Marginal note:False declarations

81 A person at an aerodrome or on board an aircraft must not falsely declare

• (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or

• (b) that another person at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

PART 4Class 1 Aerodromes

Overview

Marginal note:Part overview

82 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 1.

Application

Marginal note:Application

83 This Part applies in respect of aerodromes listed in Schedule 1.

DIVISION 1Prohibited Items

Overview

Marginal note:Division overview

84 This Division completes and supplements the regulatory framework set out in Part 3.

Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

Marginal note:Authorization

85 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

• (a) the explosive substance or incendiary device is to be used at the aerodrome

  • (i) for excavation, demolition or construction work,

  • (ii) in fireworks displays,

  • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

  • (iv) by a police service, or

  • (v) by military personnel; and

• (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

• 86 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

• Marginal note:Exception — liquids, aerosols and gels

  (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.

• Marginal note:Exception — knives

  (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.

[87 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

88 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

Threat Response

Marginal note:Area under operator’s control

89 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

90 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

• (a) notify the person of the nature of the threat; and

• (b) determine whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

91 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

92 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

• (a) immediately notify the operator of the aerodrome of the nature of the threat; and

• (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

93 If it is determined under paragraph 15(b), 90(b) or 92(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Information Reporting

Marginal note:Security incidents

94 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

• (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

• (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;

• (c) a threat against the aerodrome; and

• (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

95 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

DIVISION 3AVSEC Levels

Overview

Marginal note:Division overview

96 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

AVSEC Level Requirements

Marginal note:Additional safeguards

97 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:

• (a) determine which additional safeguards are likely to mitigate the heightened risk condition;

• (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;

• (c) implement or continue to implement the additional safeguards; and

• (d) notify the Minister of the additional safeguards that are being or will be implemented.

Marginal note:Notification

98 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 97(b).

Marginal note:Legal powers and obligations

99 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.