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Secure Air Travel Act (S.C. 2015, c. 20, s. 11)

Full Document:  

Act current to 2022-11-16 and last amended on 2020-11-04. Previous Versions

Collection and Disclosure of Information (continued)

Marginal note:Canada Border Services Agency

 The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including by disclosing to him or her and to any other person or entity referred to in section 10 information that is collected from air carriers and operators of aviation reservation systems in respect of a listed person or of a person about whom the Minister or the Minister of Transport has informed that Agency that he or she has reason to believe that the person is a listed person.

Administrative Recourse

Marginal note:Application to Minister

  •  (1) A listed person who has been denied transportation as a result of a direction made under section 9 may, within 60 days after the day on which they are denied transportation, apply in writing to the Minister to have their name removed from the list.

  • Marginal note:Exceptional circumstances

    (2) If the Minister is satisfied that there are exceptional circumstances that warrant it, the Minister may extend the time limit set out in subsection (1).

  • Marginal note:Representations

    (3) The Minister must afford the applicant a reasonable opportunity to make representations.

  • Marginal note:Application to Minister

    (4) On receipt of the application, the Minister must decide whether there are still reasonable grounds to maintain the applicant’s name on the list.

  • Marginal note:Notice of decision to applicant

    (5) The Minister must give notice without delay to the applicant of any decision made in respect of the application.

  • Marginal note:Deemed decision

    (6) If the Minister does not make a decision in respect of the application within a period of 120 days after the day on which the application is received — or within a further period of 120 days, if the Minister does not have sufficient information to make a decision and he or she notifies the applicant of the extension within the first 120-day period — the Minister is deemed to have decided to remove the applicant’s name from the list.

Appeals

Marginal note:Decisions under this Act

  •  (1) This section applies in respect of any appeal of any direction made under section 9 and any decision made under section 8 or 15 by the Minister.

  • Marginal note:Application

    (2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received.

  • Marginal note:Extension

    (3) Despite subsection (2), a person may appeal within any further time that a judge may, before or after the end of those 60 days, fix or allow.

  • Marginal note:Determination

    (4) If an appeal is made, the judge must, without delay, determine whether the decision is reasonable on the basis of the information available to the judge.

  • Marginal note:Removal from list

    (5) If the judge finds that a decision made under section 15 is unreasonable, the judge may order that the appellant’s name be removed from the list.

  • Marginal note:Procedure

    (6) The following provisions apply to appeals under this section:

    • (a) at any time during a proceeding, the judge must, on the request of the Minister, hear information or other evidence in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, its disclosure could be injurious to national security or endanger the safety of any person;

    • (b) the judge must ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person;

    • (c) throughout the proceeding, the judge must ensure that the appellant is provided with a summary of information and other evidence that enables them to be reasonably informed of the Minister’s case but that does not include anything that, in the judge’s opinion, would be injurious to national security or endanger the safety of any person if disclosed;

    • (d) the judge must provide the appellant and the Minister with an opportunity to be heard;

    • (e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence;

    • (f) the judge may base a decision on information or other evidence even if a summary of that information or other evidence has not been provided to the appellant;

    • (g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and

    • (h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws.

  • Definition of judge

    (7) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Marginal note:Protection of information on appeal

 Section 16 applies to any appeal of a decision made under that section and to any further appeal, with any necessary modifications.

General

Marginal note:Information destruction — Minister

  •  (1) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing the following information about a person who is or was on board or was expected to be on board an aircraft for the flight, unless that information is reasonably required for the purposes of this Act:

    • (a) any information that is provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3);

    • (b) any information that is provided to the Minister under subsection 6(4); and

    • (c) any information that is disclosed to the Minister under paragraph 13(d), if that information was originally provided to the Minister of Transport under subsection 6(4).

  • Marginal note:Information destruction — Minister of Transport, etc.

    (2) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister of Transport and any person or entity who is prescribed by regulation for the purpose of subsection 6(4) must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing information about a person who is or was on board or was expected to be on board an aircraft for the flight that is provided to that Minister, person or entity under subsection 6(4), unless that information is reasonably required for the purposes of this Act.

  • Marginal note:Information destruction — section 10 persons and entities

    (3) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister and any other person or entity referred to in section 10 must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing any of the following information about a person who is or was on board or was expected to be on board an aircraft for the flight that is disclosed to that Minister, person or entity under section 10, unless that information is reasonably required for the purposes of this Act:

    • (a) information that was originally provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); and

    • (b) information that was originally provided to the Minister, the Minister of Transport or any other person or entity under subsection 6(4).

Marginal note:Rights preserved

 For greater certainty, nothing in this Act limits or prohibits the collection, use, disclosure or retention of any information if that collection, use, disclosure or retention is otherwise lawful.

Prohibitions

Marginal note:Prohibition — list

  •  (1) It is prohibited to disclose the list, except as required for the purposes of sections 10, 11, 12 and 13.

  • Marginal note:Prohibition — general

    (2) It is prohibited to disclose whether or not any individual is or was a listed person, except

    • (a) for the purposes of sections 10 and 10.3 to 16;

    • (b) as required to enforce any law of Canada or a province or to carry out a lawful activity;

    • (c) 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;

    • (d) in the case where an individual discloses that he or she is or was a listed person; or

    • (e) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.

  • Marginal note:Prohibition — air carriers

    (3) Despite subsection (2), it is prohibited for an air carrier or an operator of an aviation reservation system to disclose any information relating to a listed person, or whether or not any individual is or was a listed person, except

    • (a) for the purposes of sections 6 and 30;

    • (b) 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; or

    • (c) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.

Marginal note:Prohibition — persons and goods

  •  (1) If a direction made under section 9 requires a person to be screened, that person must not enter or remain in an aircraft or sterile area unless the person permits a screening, or screenings, to be carried out as required by the direction, of

    • (a) their person; or

    • (b) the goods that the person intends to take or have placed on board the aircraft or, as the case may be, the goods that the person has taken or has had placed on board the aircraft or has taken into the sterile area.

  • Marginal note:Prohibition — air carriers

    (2) If a direction made under section 9 requires a person to be screened, an air carrier must not transport that person unless they have been screened in accordance with the direction.

Marginal note:Obstruction

 A person must not wilfully obstruct any person who is exercising or performing their powers, duties or functions under this Act.

Offences and Punishment

Marginal note:Contravention

  •  (1) Every person who contravenes section 6, 20 or 21 or a direction made under section 9 or any provision of any regulation made under this Act is guilty of an offence punishable on summary conviction.

  • Marginal note:Contravention of section 22

    (2) Every person who contravenes section 22 is guilty of

    • (a) an indictable offence; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Punishment — individuals

    (3) An individual who is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.

  • Marginal note:Punishment — corporations

    (4) A corporation that is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $500,000.

  • Marginal note:Imprisonment precluded in certain cases

    (5) If a person is convicted of an offence under this Act punishable on summary conviction, imprisonment must not be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.

  • Marginal note:Recovery of fines

    (6) If a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction must be registered in the court and when registered has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

  • Marginal note:Recovery of costs and charges

    (7) All reasonable costs and charges attendant on the registration of the conviction are recoverable in the same manner as if they had been registered as part of the conviction.

Marginal note:Defence

 A person is not to be found to have contravened a provision of this Act, other than section 22, or of its regulations, or a direction made under section 9, if the person exercised all due diligence to prevent the contravention.

Prosecution

Marginal note:Limitation period

 No proceedings by way of summary conviction under this Act are to be instituted after 12 months from the day on which the subject matter of the proceedings arose.

Marginal note:Proof of documents

 In any action or proceeding under this Act, any document purporting to be certified by the Minister or the Minister of Transport to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

  • (a) of the original document of which it purports to be a copy;

  • (b) of the fact that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and

  • (c) of the fact that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

Marginal note:Document entries as proof

 In any action or proceeding under this Act, an entry in any record required under any provision of this Act or its regulations to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record.

 
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