Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Aeronautics Act. (Loi)

boarding pass

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

2 These Regulations apply in respect of the following passenger-carrying flights if the passengers are screened before boarding for weapons, explosive substances, incendiary devices or their components or other dangerous items that could be used to jeopardize the security of an aerodrome or an aircraft:

• (a) domestic flights that depart from aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and 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 aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and are conducted by air carriers

  • (i) under Subpart 1 of Part VII of the Canadian Aviation Regulations using aircraft that have a maximum certificated take-off weight (MCTOW) of more than 8 618 kg (19,000 pounds) or have a seating configuration, excluding crew seats, of 20 or more, or

  • (ii) under Subpart 5 of Part VII of the Canadian Aviation Regulations.

Screening

Check-In

• 3 (1) An air carrier shall, before issuing a boarding pass to any person who appears to be 18 years of age or older, screen the person by comparing his or her name with the names of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

• (2) If the name of the person is the same as that of a person specified to the air carrier, the air carrier shall ask the person for one piece of government-issued photo identification that shows his or her name, date of birth and gender or for two pieces of government-issued identification at least one of which shows his or her name, date of birth and gender.

• (3) If the name, date of birth and gender on the identification are the same as those of a person specified to the air carrier, the air carrier shall immediately so inform the Minister.

4 An air carrier shall not allow a person to print a boarding pass at a kiosk or off the Internet if the person’s name is the same as that of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

Boarding Gate

• 5 (1) An air carrier shall, at a boarding gate, screen any person who appears to be 18 years of age or older by asking the person for a restricted area identity card, for one piece of government-issued photo identification that shows his or her name or for two pieces of government-issued identification each of which shows his or her name.

• (2) If the name on the restricted area identity card or the identification is not the same as the name on the person’s boarding pass, the air carrier shall compare the name on the restricted area identity card or the identification with those of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

• (3) If the name on the restricted area identity card or the identification is the same as that of a person specified to the air carrier, the air carrier shall ask the person for one piece of government-issued photo identification that, in addition to showing his or her name, shows his or her date of birth and gender or for two pieces of government-issued identification, at least one of which shows his or her name, date of birth and gender.

• (4) If the name, date of birth and gender on the identification are the same as those of a person specified to the air carrier, the air carrier shall immediately so inform the Minister.

Contact Information

6 If an air carrier informs the Minister that the name, date of birth and gender on the identification of a person being screened are the same as those of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the air carrier shall provide the Minister with an e-mail address and fax number to which the Minister can send emergency directions respecting the person.

7 If an emergency direction is made in respect of a person specified to an air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the Minister shall provide the air carrier with contact information for the Department of Transport’s Office of Reconsideration and the air carrier shall make that contact information available to the person.

Duration of Screenings

8 If an air carrier informs the Minister that the name, date of birth and gender on the identification of a person being screened are the same as those of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the screening is not completed until the Minister or a person authorized by the Minister under section 4.77 of the Act makes an emergency direction or informs the air carrier that an emergency direction will not be made.

Currency of Information

9 An air carrier shall ensure that any system it uses to comply with sections 3 to 5 uses only the most up-to-date information provided to the air carrier by the Minister respecting persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

10 If the Minister informs an air carrier that a person is no longer specified under paragraph 4.81(1)(b) of the Act, the air carrier shall immediately remove all information respecting that person from any system it uses to comply with sections 3 to 5.

Protection of Information

11 No person shall, in respect of a person specified to an air carrier by the Minister under paragraph 4.81(1)(b) of the Act,

• (a) disclose any information respecting the specified person that was provided to the air carrier by the Minister for the purposes of these Regulations, including the person’s name, date of birth, gender and the fact that he or she is, or was, specified; or

• (b) use the information for any purpose other than complying with sections 3 to 5.

12 An air carrier shall ensure that

• (a) access to information respecting persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act is restricted to air carrier employees, agents or contractors who require the access to carry out their duties; and

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

• 13 (1) An air carrier shall keep an updated list of all employees, agents or contractors of the air carrier who have access to all information respecting all the persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

• (2) The air carrier shall provide the list to the Minister on reasonable notice given by the Minister.