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

Marginal note:Definitions

• 4.82 (1) The following definitions apply in this section.

  Commissioner

  Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)

  Director

  Director means the Director of the Canadian Security Intelligence Service. (directeur)

  warrant

  warrant means

  • (a) a warrant issued in Canada in respect of the arrest of a person for the commission of an offence that may be punishable under any Act of Parliament by imprisonment for a term of five years or more and that is specified by regulations made under subsection (20);

  • (b) a warrant issued under subsection 55(1) or 82(1) of the Immigration and Refugee Protection Act; or

  • (c) a warrant or other document issued outside Canada relating to the arrest of a person who can be extradited from Canada under subsection 3(1) of the Extradition Act. (mandat)

• Marginal note:Designation of persons

  (2) The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police.

• Marginal note:Designation of persons

  (3) The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section.

• Marginal note:Requirement to provide information

  (4) The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the 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 person imposing the requirement; 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 person imposing the requirement.

• Marginal note:Requirement to provide information

  (5) The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the 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 person imposing the requirement; 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 person imposing the requirement.

• Marginal note:Disclosure to other designated persons

  (6) Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3).

• Marginal note:Restriction on disclosure of information to other persons

  (7) A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information.

• Marginal note:Disclosure to Minister and air carriers, etc.

  (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.

• Marginal note:Disclosure to Aircraft Protective Officer

  (9) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security.

• Marginal note:Urgent disclosure

  (10) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) if he or she has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person and that the person to whom the disclosure is to be made is in a position to take measures to respond to the threat and needs the information to respond. In making the disclosure the designated person may disclose information only to the extent that he or she believes the information is necessary to respond to the threat.

• (11) [Repealed before coming into force, 2008, c. 20, s. 3]

• Marginal note:Disclosure to employee of the Canadian Security Intelligence Service

  (12) A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a “threat to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act.

• Marginal note:Recording of reasons

  (13) A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed.

• Marginal note:Destruction of information

  (14) Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained.

• Marginal note:Review of information

  (15) At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. The Commissioner and the Director must each keep a record of their review.

• Marginal note:Exception

  (16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13).

• Marginal note:Application

  (17) Subsections (14) and (15) apply despite any other Act of Parliament.

• Marginal note:Right to provide information preserved

  (18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful.

• Marginal note:Right to collect information under other Acts preserved

  (19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful.

• Marginal note:Regulations

  (20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section.

Marginal note:Foreign states requiring information

• 4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is due to land in a foreign state or fly over the United States and land outside Canada or of a Canadian aircraft departing from any place outside Canada that is due to land in a foreign state or fly over the United States may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in the operator’s control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.

• Marginal note:Notice

  (1.1) The operator of an aircraft that is due to fly over, but not land in, the United States must notify all persons who are on board or expected to be on board the aircraft that information relating to them may be provided to a competent authority in the United States in accordance with subsection (1).

• Marginal note:Restriction — government institutions

  (2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations

  • (a) respecting the type or classes of information that may be provided; or

  • (b) specifying the foreign states to which information may be provided.

• Marginal note:Review and report

  (4) The Committee of the House of Commons responsible for transport matters must,

  • (a) within two years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within one year; and

  • (b) within three months after the day on which the review is completed, submit a report to the House of Commons setting out its findings.

Screenings

Marginal note:Designation of persons to conduct

4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify.

Marginal note:Prohibition — persons and goods

• 4.85 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order, as the case may be, of

  • (a) his or her person; or

  • (b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome.

• Marginal note:Prohibition — conveyances

  (2) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.

• Marginal note:Prohibition relating to air carriers

  (3) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.

• Marginal note:Prohibition relating to persons who accept goods for transportation

  (4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order, as the case may be.