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Marginal note:Short title
1 This Act may be cited as the Security Screening Services Commercialization Act.
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Marginal note:Definitions
Marginal note:Publishing
3 Any obligation under this Act for the designated screening authority to publish information or a document is satisfied if
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Designated Screening Authority
Marginal note:Designation
7 The Governor in Council may, by order, designate a body corporate incorporated under the Canada Not-for-profit Corporations Act as the designated screening authority for the purposes of this Act.
Marginal note:Not an Agent of Her Majesty
8 The designated screening authority is not an agent of Her Majesty in right of Canada.
Marginal note:Head office
9 The designated screening authority must have its head office in Canada.
10 The Official Languages Act applies to the designated screening authority as if it were a federal institution.
Marginal note:Canada’s international obligations
11 The designated screening authority must take any measure that the Minister considers necessary to permit Canada to meet its international obligations under bilateral and multilateral agreements in respect of aeronautics.
Marginal note:Amendment of articles of incorporation
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12 (1) The designated screening authority must not amend its articles of incorporation without the prior written approval of the Minister.
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Marginal note:Amendment or repeal of by-laws
(2) The designated screening authority must not amend or repeal a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal without the prior written approval of the Minister.
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Marginal note:Inconsistency
(3) The designated screening authority must not make a by-law if that by-law would be inconsistent with a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal. The designated screening authority must not amend or repeal a by-law that does not require the Minister’s approval to amend or repeal if the amendment or repeal would be inconsistent with a by-law or any part of a by-law that requires the Minister’s approval to amend or repeal.
Marginal note:Financial statements
13 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish its audited financial statements for that financial year and provide the Minister with a copy.
Marginal note:Information respecting charges
14 The designated screening authority must, after the end of each financial year but before its next annual meeting of members, publish the following information in relation to charges referred to in subsection 24(1):
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Marginal note:Service standards
15 At least once every year beginning on the first anniversary of the transfer date, the designated screening authority must, in respect of each aerodrome that is designated by the regulations and at which more than 500,000 passengers emplaned in the previous year, publish service standards with respect to the screening of passengers, a report on average monthly passenger wait times and a report on the results of passenger satisfaction surveys.
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Marginal note:Directions
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16 (1) The Minister may issue a written direction to the designated screening authority on any matter respecting aviation security.
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Marginal note:Duty to consult
(2) Before issuing a direction, the Minister must consult the designated screening authority with respect to the content of the direction and the time at which it will be issued.
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Marginal note:Direction binding
(3) The designated screening authority and its directors, officers and employees must comply with a direction as soon as feasible. Compliance with a direction is deemed to be in the designated screening authority’s best interests.
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Marginal note:Notice of implementation
(4) The designated screening authority must notify the Minister as soon as feasible after a direction has been implemented.
Marginal note:Confidential information
17 The designated screening authority and screening contractors must keep confidential any information the publication of which, in the opinion of the Minister, would be detrimental to aviation security or public security, including financial and other data that might reveal that information.
Security Screening Services
Marginal note:Obligation
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18 (1) The designated screening authority must take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening checkpoints, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport.
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Marginal note:Public interest
(5) The designated screening authority must carry out its obligation under this section in the public interest, having due regard to the interest of the travelling public.
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Marginal note:Safety of public
(6) The screening referred to in subsection (1) is deemed for all purposes to be a service that is necessary to prevent an immediate and serious danger to the safety of the public.
Marginal note:Provision of space
19 Every operator of an aerodrome designated by the regulations and every person responsible for a place designated under subsection 18(3) must provide space at the aerodrome or place to the designated screening authority and maintain that space free of charge. The operator or person must also provide services in relation to that space that are reasonably required by the designated screening authority at a reasonable cost agreed to by the operator or person and the designated screening authority.
Marginal note:Agreement
20 The designated screening authority and the person responsible for a place designated under subsection 18(3) must enter into an agreement respecting the provision of security screening services under section 18.
Marginal note:Screening contractor
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21 (1) The designated screening authority may authorize a person or entity to conduct the screening referred to in section 18 on its behalf, subject to any terms and conditions that the designated screening authority may establish.
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Marginal note:Factors
(2) The designated screening authority may authorize a person or entity to conduct screening only if it is satisfied that the person or entity can meet the terms and conditions established by the designated screening authority and conduct the screening efficiently and effectively, having regard to the following factors:
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Marginal note:Restriction
(3) A screening contractor must not authorize a person or entity, other than a screening officer, to conduct the screening referred to in section 18 on its behalf.
Marginal note:Criteria
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22 (1) The designated screening authority must establish criteria respecting the qualifications, training and performance of screening contractors and screening officers and that criteria must be as stringent as or more stringent than the standards established in aviation security regulations and security measures made under the Aeronautics Act.
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Marginal note:Certification
(2) The designated screening authority must certify all screening contractors and screening officers against the criteria established under subsection (1).
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Marginal note:Varying, suspending or cancelling certification
(3) If the designated screening authority determines that a screening contractor or screening officer no longer meets the criteria in respect of which they were certified, the designated screening authority may vary, suspend or cancel their certification.
Marginal note:Prohibition
23 It is prohibited for any person, other than the designated screening authority or a person or entity authorized by the designated screening authority, to provide security screening services referred to in section 18.
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Marginal note:Imposition of charges
Marginal note:Establish, revise or terminate charges
25 The designated screening authority may establish, revise or terminate charges.
Marginal note:Charging principles
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26 (1) The designated screening authority must observe the following principles when it establishes, revises or terminates charges:
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(a) that charges must not be set at levels that, based on reasonable and prudent projections, would generate revenues exceeding the designated screening authority’s current and future financial requirements related to security screening services made available or provided under section 18 at aerodromes designated by the regulations;
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(b) that charges must be established, revised or terminated in accordance with an explicit methodology — that includes any conditions affecting the charges — that the designated screening authority has established and published;
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(c) that, unless authorized by the Minister, charges imposed under paragraph 24(1)(a) must be the same in respect of all passengers, except that the designated screening authority may impose different charges based on whether passengers are travelling from an aerodrome within Canada to an aerodrome within Canada, from an aerodrome within Canada to an aerodrome within the United States or from an aerodrome within Canada to an aerodrome outside of Canada, other than an aerodrome in the United States;
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(d) that charges may be used only to recover costs for security screening services made available or provided under section 18 at aerodromes designated by the regulations;
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(2) For the purposes of paragraph (1)(a), financial requirements include the following:
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Marginal note:Deduction
(3) For the purposes of paragraph (1)(a), an amount equal to the aggregate of the following amounts is to be deducted from the designated screening authority’s financial requirements:
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(a) all grants and contributions received by the designated screening authority;
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(b) all transition period payments referred to in section 59 received by the designated screening authority;
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(c) all interest and investment income earned by the designated screening authority;
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(d) all profits earned by the designated screening authority, other than in respect of security screening services made available or provided under section 18 at aerodromes designated by the regulations.
Marginal note:Increase — Consumer Price Index
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27 (1) The designated screening authority may increase a charge — annually or in respect of a period of more than one year but not more than five years after the day on which the charge took effect — in accordance with
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Marginal note:Proposal submitted to Agency
(2) The designated screening authority must submit a proposal to increase a charge in accordance with subsection (1) to the Agency for a determination of whether the proposed increase is in accordance with that subsection.
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Marginal note:Agency determination
(4) The Agency must make a determination within 30 days after the day on which it receives the proposal and must notify the designated screening authority in writing of its determination.
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Marginal note:Publication
(5) The designated screening authority must not publish a notice of the proposal under section 29 until after it is notified of the Agency’s determination. If the Agency does not make a determination within the 30-day period, the designated screening authority may publish the notice after the day on which that period expires.
Marginal note:Minister’s approval of charges
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28 (1) The Minister may, on request of the designated screening authority, approve a proposal to establish or increase a charge if the Minister is of the opinion that
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(a) implementing a direction issued under section 16 or complying with a new requirement in a security measure, emergency direction or interim order made under the Aeronautics Act has increased or will increase the designated screening authority’s costs related to security screening services made available or provided under section 18 at aerodromes designated by the regulations; and
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(b) the designated screening authority observed the charging principles in its proposal to establish or increase the charge.
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Marginal note:Request before publication
(2) The designated screening authority must make the request before it publishes a notice of the proposal under section 29.
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Marginal note:Minister’s decision
(3) The Minister must make a decision within 30 days after the day on which he or she receives a request and must notify the designated screening authority in writing of his or her decision.
Marginal note:Notice of proposal
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29 (1) The designated screening authority must publish a notice of any proposal to establish, revise or terminate a charge, including a proposal referred to in section 27 or 28. The designated screening authority must provide the Agency with a copy of the notice no later than the day on which it is published.
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(2) The notice must
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Marginal note:Duty to inform air carriers
(4) The designated screening authority must, no later than the day on which a notice of a proposal is published, inform air carriers who are or will be required to collect charges under section 37.
Marginal note:Withdrawal of proposal
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30 (1) The designated screening authority may withdraw a proposal to establish, revise or terminate a charge, other than a proposal referred to in any of sections 27, 28 and 60.
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Marginal note:Limitation
(2) The designated screening authority may
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Marginal note:Notice of withdrawal
(3) The designated screening authority must publish a notice of the withdrawal and provide the Agency with a copy. If the designated screening authority is withdrawing a proposal to revise or terminate a charge, the notice of withdrawal must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount.
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Marginal note:Effect of withdrawal
(4) If the designated screening authority withdraws a proposal, the proposed charge or termination does not take effect.
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Marginal note:Notice of objection — paragraph 24(1)(a)
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31 (1) Any interested person may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in paragraph 24(1)(a), file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles.
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Marginal note:Notice of objection — paragraph 24(1)(b)
(2) A person who will be required to pay a charge referred to in paragraph 24(1)(b) or a person in respect of whom the charge will be imposed may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in that paragraph, file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles.
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Marginal note:Exception
(3) Subsections (1) and (2) do not apply in respect of a proposal to establish or increase a charge if the designated screening authority published a notice of the proposal in accordance with subsection 27(5) or the Minister approved the proposal under section 28 or 60.
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Marginal note:Contents of notice of objection
(4) A notice of objection must include the reasons for which the person filing the notice considers that the designated screening authority did not observe the charging principles.
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Marginal note:Notification by Agency
(5) As soon as feasible after beginning a review of a proposal, the Agency must notify the Minister and the designated screening authority that it is reviewing the proposal.
Marginal note:Determination by Agency
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32 (1) If a notice of objection is filed with the Agency, the Agency must determine whether the designated screening authority observed all of the charging principles.
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Marginal note:Proposal rejected
(3) If the Agency determines that the designated screening authority did not observe the charging principles, the Agency must reject the proposal and the proposed charge does not take effect.
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Marginal note:Notice of rejection
(4) As soon as feasible after it is informed that the Agency rejected a proposal, the designated screening authority must publish a notice indicating that the proposal has been rejected. If the proposal was to increase a charge, the notice must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount.
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Marginal note:Proposal approved
(5) If the Agency determines that the designated screening authority observed the charging principles, the Agency must approve the proposal and the charge takes effect on the date specified in the notice published under section 29.
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Marginal note:Duty to collect
Marginal note:Duty to remit
38 An air carrier that collects a charge under section 37 must remit the charge, in its entirety, to the designated screening authority within any reasonable time and in any reasonable manner specified by the designated screening authority.
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Marginal note:Refund
40 The designated screening authority may refund a charge imposed under paragraph 24(1)(a). The payment of any refund may only be made, on behalf of the designated screening authority, by the air carrier that collected the charge.
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Marginal note:Seizure and detention of aircraft
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41 (1) In addition to any other remedy available for the collection of charges that an air carrier has failed to collect in accordance with section 37 or remit to the designated screening authority in accordance with section 38 and whether or not a judgment for the collection of the charges has been obtained, the designated screening authority may apply to the superior court of the province in which any aircraft owned or operated by the air carrier liable to collect and remit the charges is situated for an order, issued on any terms that the court considers appropriate, authorizing the designated screening authority to seize and detain that aircraft until the charges are remitted or a bond, suretyship or other security for the unpaid and overdue amount in a form satisfactory to the designated screening authority is deposited with the designated screening authority.
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Marginal note:Application ex parte
(2) An application for an order referred to in subsection (1) may be made ex parte if the designated screening authority has reason to believe that the air carrier is about to take from Canada any aircraft owned or operated by it.
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Marginal note:Release
(3) The designated screening authority must release from detention an aircraft seized under this section if
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(b) a bond, suretyship or other security in a form satisfactory to the designated screening authority for the amount in respect of which the seizure was made is deposited with the designated screening authority; or
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(c) an order of a superior court directs the designated screening authority to do so.
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Marginal note:Court order — section 12
43 On application by a current or former member, director or officer of the designated screening authority or any other person who, in the discretion of the court, is a proper person to make an application, a superior court may, if it is satisfied that the designated screening authority has contravened any of subsections 12(1) to (3), make any order that it considers appropriate in the circumstances, including an order requiring the designated screening authority to amend its articles of incorporation or by-laws or an order appointing directors in place of any of the directors then in office.
Marginal note:Court order — direction
44 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening a direction issued under subsection 16(1), make an order directing the designated screening authority to comply with the direction. The court may also make any other order that it considers appropriate in the circumstances.
Marginal note:Court order — subsection 18(1)
45 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening subsection 18(1), make an order directing the designated screening authority to comply with that subsection. The court may also make any other order that it considers appropriate in the circumstances.
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Marginal note:Offence — direction
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47 (1) If the designated screening authority contravenes a direction issued under subsection 16(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.
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Marginal note:Offence — subsection 29(1)
(2) If the designated screening authority contravenes subsection 29(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.
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50 The Governor in Council may make regulations
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52 The Canadian Air Transport Security Authority may, with the approval of the Governor in Council and on any terms and conditions that the Governor in Council considers appropriate,
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Marginal note:Transition period payments
Marginal note:Minister’s approval of initial charges
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60 (1) The designated screening authority may, before the first anniversary of the transfer date, submit a request to the Minister for approval of the initial charges that it proposes to establish for security screening services made available or provided under section 18 at aerodromes designated by the regulations.
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Marginal note:Time limit
(2) The Minister must, within 60 days after the day on which he or she receives a request, decide whether the designated screening authority observed the charging principles.
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Marginal note:Decision
(3) If the Minister decides that the designated screening authority observed the charging principles, the Minister must approve the proposal.
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Marginal note:Notice in writing
(4) The Minister must notify the designated screening authority in writing of his or her decision.
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Marginal note:Duty to publish notice
(5) The designated screening authority must publish, in accordance with section 29, a notice of a proposal that has been approved by the Minister and must indicate in the notice that the proposal has been approved.
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