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Canadian Aviation Security Regulations, 2012 (SOR/2011-318)

Regulations are current to 2019-06-20 and last amended on 2019-05-29. Previous Versions

PART 4Class 1 Aerodromes (continued)

DIVISION 8Enhanced Access Controls (continued)

Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes (continued)

Marginal note:Report of loss or theft

  •  (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.

  • Marginal note:Employer’s duty to report

    (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.

Marginal note:Report of non-functioning card

 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.

 [Repealed, SOR/2014-153, s. 15]

Presentation and Surrender of Restricted Area Identity Cards

Marginal note:Presentation on demand

  •  (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.

  • Marginal note:Presentation during screening

    (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.

Marginal note:Surrender on demand

  •  (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.

  • Marginal note:Demand by Minister or operator

    (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen;

    • (b) the card has been deactivated; or

    • (c) the surrender of the card is required to ensure aviation security.

  • Marginal note:Demand by screening officer

    (3) A screening officer may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen;

    • (b) the card has been deactivated; or

    • (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.

  • Marginal note:Demand by peace officer

    (4) A peace officer may demand the surrender of a restricted area identity card if

    • (a) the card has expired or has been reported as lost or stolen; or

    • (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.

Marginal note:Return of cards

 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.

Marginal note:Notification of Minister

 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 176(2)(c).

Escort and Surveillance

Marginal note:General requirement

  •  (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card

    • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or

    • (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.

  • Marginal note:Exceptions

    (2) This section does not apply in respect of the following persons:

    • (a) passengers who have been screened; and

    • (b) inspectors.

Marginal note:Escort ratio

  •  (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.

  • Marginal note:Surveillance ratio

    (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.

Marginal note:Requirement to remain together

  •  (1) A person under escort must remain with the escort while the person is in a restricted area.

  • Marginal note:Idem

    (2) An escort must remain with the person under escort while the person is in a restricted area.

  • Marginal note:Requirement to inform

    (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.

Marginal note:Screening requirement

 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Exception — conveyances

  •  (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.

  • Marginal note:Exception to exception

    (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 180.

Marginal note:Escort conveyances

 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for

  • (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;

  • (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and

  • (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Inspectors

Marginal note:Exemption

 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.

Marginal note:Inspector’s credentials

 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.

Marginal note:Escort privileges

 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector

  • (a) is acting in the course of their employment;

  • (b) does not escort more than 10 persons at one time;

  • (c) remains with the person while the person is in the restricted area;

  • (d) ensures that the person remains with the inspector while the person is in the restricted area; and

  • (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.

 
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