Aeronautics Act (R.S.C., 1985, c. A-2)

Security Measures

Marginal note:Minister may make security measures

• 4.72 (1) The Minister may make measures respecting aviation security.

• Marginal note:Restriction

  (2) The Minister may only make a security measure in relation to a particular matter if

  • (a) an aviation security regulation could be made in relation to that matter; and

  • (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.

• Marginal note:Suspension of s. 4.79(1) and repeal of security measure

  (3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must

  • (a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and

  • (b) repeal the security measure before the earlier of

    • (i) the day that is one year after the notice is published, and

    • (ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure.

• Marginal note:Effect of notice

  (4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published.

• Marginal note:Consultation

  (5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.

• Marginal note:Exception

  (6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.

• Marginal note:Minister may carry out security measure

  (7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.

Marginal note:Deputy may make measures

• 4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.

• Marginal note:Restriction

  (2) The Minister’s deputy may only make a security measure in relation to a particular matter if

  • (a) an aviation security regulation could be made in relation to that matter; and

  • (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.

• Marginal note:Minister may carry out security measure

  (3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so.

• Marginal note:Duration

  (4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days.

Marginal note:Relationship with regulations

• 4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.

• Marginal note:Conflict

  (2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.

Foreign Aircraft Requirements

Marginal note:Foreign aircraft requirements

4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister.

Emergency Directions

Marginal note:Emergency directions

4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting

• (a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them;

• (b) the diversion of aircraft to alternate landing sites; and

• (c) the movement of aircraft or persons at aerodromes or other aviation facilities.

Marginal note:Authorized officer may make emergency direction

4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.

Marginal note:Duration

4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.

Marginal note:Relationship with regulations and security measures

• 4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.

• Marginal note:Conflict

  (2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.

Unauthorized Disclosure

Marginal note:Unauthorized disclosure — security measures

• 4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.

• Marginal note:Court to inform Minister

  (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.

• Marginal note:Order

  (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure.

Security Clearances

Marginal note:Granting, suspending, etc.

4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.

Provision of Information

Marginal note:Definition

• 4.81 (0.1) The following definition applies in this section and in section 4.82.

  transportation security

  transportation security means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,

  • (a) loss of life or personal injury;

  • (b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or

  • (c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure. (sûreté des transports)

• Marginal note:Requirement to provide information

  (1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule

  • (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or

  • (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer.

• Marginal note:Restriction on disclosure — Department of Transport

  (2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security.

• Marginal note:Restriction on disclosure — other persons

  (3) Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to

  • (a) the Minister of Citizenship and Immigration;

  • (b) the Minister of Public Safety and Emergency Preparedness;

  • (c) the chief executive officer of the Canadian Air Transport Security Authority; and

  • (d) a person designated under subsection 4.82(2) or (3).

• Marginal note:Restriction on further disclosures

  (4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed

  • (a) in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration;

  • (b) in the case of information disclosed to the Minister of Public Safety and Emergency Preparedness, only to persons in the Canada Border Services Agency;

  • (c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and

  • (d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5).

• Marginal note:Deeming

  (5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5).

• Marginal note:Destruction of information

  (6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection.

• Marginal note:Destruction of information

  (7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection.

• Marginal note:Destruction of information

  (8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3).

• Marginal note:Application

  (9) Subsections (6) to (8) apply despite any other Act of Parliament.

• Marginal note:Amendment of schedule

  (10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.