Secure Air Travel Regulations (SOR/2015-181)

Regulations are current to 2016-06-06 and last amended on 2015-08-01. Previous Versions

Secure Air Travel Regulations

SOR/2015-181

SECURE AIR TRAVEL ACT

Registration 2015-06-30

Secure Air Travel Regulations

P.C. 2015-1054 2015-06-30

His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 32 of the Secure Air Travel ActFootnote a, makes the annexed Secure Air Travel Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Loi

Act means the Secure Air Travel Act. (Loi)

boarding pass

carte d’embarquement

boarding pass includes a ticket or other document that is both accepted by an air carrier and approved by an aerodrome operator as confirmation of the holder’s status as a passenger on a flight. (carte d’embarquement)

Application

Marginal note:Application

 These Regulations apply in respect of the following passenger-carrying flights if the passengers are subject to screening that is carried out — in Canada, by the Canadian Air Transport Security Authority or, in another country, by the person or entity responsible for the screening of persons and goods in that country — before boarding:

  • (a) domestic flights that depart from Canadian aerodromes and that are conducted by air carriers under Subpart 5 of Part VII of the Canadian Aviation Regulations; and

  • (b) international flights that depart from or will arrive at Canadian aerodromes and that are conducted by air carriers

Verification of Identity

Marginal note:Identification — domestic flight
  •  (1) An air carrier must accept only the following identification to verify the identity of a passenger for a domestic flight:

    • (a) one piece of valid photo identification that is issued by a government authority and that shows the passenger’s name, date of birth and gender;

    • (b) two pieces of valid identification that are issued by a government authority, at least one of which shows the passenger’s name, date of birth and gender; or

    • (c) a restricted area identity card, as defined in section 3 of the Canadian Aviation Security Regulations, 2012.

  • Marginal note:Identification — international flight

    (2) An air carrier must accept only the following identification to verify the identity of a passenger for an international flight:

    • (a) one piece of valid photo identification that is issued by a government authority and that shows the passenger’s name, date of birth and gender; or

    • (b) a restricted area identity card, as defined in section 3 of the Canadian Aviation Security Regulations, 2012.

Marginal note:Alternative forms of identification

 Despite section 3, an air carrier may use alternative forms of identification — including employee identity cards, public transit passes and baptismal certificates — to verify the identity of a person for the purpose of sections 5 and 6 if the person presents documentation that is issued by a government authority or a police service and that attests to the loss or theft of the required identification.

Marginal note:Verification of name — boarding pass
  •  (1) An air carrier must, before issuing a boarding pass to any person who appears to be 18 years of age or older, verify the identity of the person by comparing their name with the names of listed persons.

  • Marginal note:Verification — other information

    (2) If the name of the person is the same as that of a listed person,

    • (a) the air carrier must not allow the person to obtain a boarding pass at a kiosk or from the Internet; and

    • (b) the air carrier must compare the name, date of birth and gender on the person’s identification to those of the listed person.

  • Marginal note:Duty to inform Minister of Transport

    (3) If the name, date of birth and gender on the identification are the same as those of a listed person, the air carrier must immediately inform the Minister of Transport.

  • Marginal note:Boarding pass

    (4) After informing the Minister of Transport, the air carrier must not issue a boarding pass to the person unless the Minister of Transport has informed the air carrier that a direction referred to in paragraph 9(1)(a) of the Act will not be made in respect of that person.

Marginal note:Verification — boarding gate
  •  (1) An air carrier must, at a boarding gate for a flight, verify the age of each passenger taking the flight by looking at the passenger, and in particular their entire face, to determine if they appear to be 18 years of age or older.

  • Marginal note:Verification of identity

    (2) The air carrier must verify the identity of each passenger who appears to be 18 years of age or older by

    • (a) comparing the passenger, and in particular their entire face, with their identification; and

    • (b) comparing the name on the passenger’s boarding pass with their identification.

Marginal note:Prohibition — transporting passenger
  •  (1) It is prohibited for an air carrier to transport a passenger if

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

    • (b) the passenger does not appear to be the age indicated by the date of birth on the identification presented;

    • (c) the passenger does not appear to be of the gender indicated on the identification presented; and

    • (d) the passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.

  • Marginal note:Exception

    (2) Despite paragraph (1)(a), an air carrier may transport a passenger who presents a piece of photo identification but does not resemble the photograph if

    • (a) the passenger’s appearance changed for medical reasons after the photograph was taken and the passenger presents the air carrier with a document signed by a health care professional that attests to that fact; or

    • (b) the passenger’s face is bandaged for medical reasons and the passenger presents the air carrier with a document signed by a health care professional that attests to that fact.

Marginal note:Further verification
  •  (1) If there is a major discrepancy between the name on the identification presented by a passenger and the name on the passenger’s boarding pass, an air carrier must compare the name, date of birth and gender on the identification with those of listed persons.

  • Marginal note:Duty to inform Minister of Transport

    (2) If the name, date of birth and gender on the identification are the same as those of a listed person, the air carrier must immediately inform the Minister of Transport.

Marginal note:Prohibition

 It is prohibited for an air carrier to transport a person

  • (a) about whom the Minister of Transport has been informed under subsection 8(2), unless the Minister of Transport has informed the air carrier that a direction referred to in section 9 of the Act will not be made in respect of that person; or

  • (b) about whom a direction has been made, unless the air carrier has complied with the direction.

Marginal note:Contact information — paragraph 9(1)(a) of Act

 If a direction is made under paragraph 9(1)(a) of the Act in respect of a listed person, the Minister of Transport must provide the air carrier with contact information for the administrative recourse office of the Department of Public Safety and Emergency Preparedness and the air carrier must make that contact information available to the person.

Information

Marginal note:Responsibility of air carrier

 An air carrier must ensure that any system it uses to comply with sections 5 to 8 uses only the most up-to-date information provided to the air carrier by the Minister of Transport respecting listed persons.

Marginal note:Removal of information

 If the Minister of Transport informs an air carrier that a person is no longer a listed person, the air carrier must immediately remove all information respecting that person from any system it uses to comply with sections 5 to 8.

Marginal note:Access limited

 An air carrier must ensure that

  • (a) access to information respecting listed persons is restricted to air carrier employees, representatives or contractors who require the access to carry out their duties under the Act or these Regulations; and

  • (b) access by those employees, representatives or contractors is limited to the extent necessary to carry out those duties.

Marginal note:Prohibition

 It is prohibited for air carrier employees, representatives or contractors to use any information respecting a listed person except to the extent necessary to carry out their duties under the Act or these Regulations.

Marginal note:Record of persons with access
  •  (1) An air carrier must keep an up-to-date record of all employees, representatives or contractors of the air carrier who have access to the list established under subsection 8(1) of the Act.

  • Marginal note:Provision of list to Minister of Transport

    (2) The air carrier must provide the up-to-date record to the Minister of Transport on reasonable notice given by that Minister.

Coming into Force

Marginal note:August 1, 2015

 These Regulations come into force on August 1, 2015.

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