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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 1Screening

Overview

Marginal note:Part overview

 This Part sets out requirements for screening officers, screening authorities and persons who are subject to screening. This Part is also a supplement to section 4.85 of the Act, which sets out several prohibitions respecting screening.

Screening Officers

Marginal note:Requirements

  •  (1) A screening officer must not screen persons or goods unless the screening officer

    • (a) is at least 18 years of age;

    • (b) is a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

    • (c) is able to communicate effectively both orally and in writing in one or both official languages;

    • (d) has a security clearance; and

    • (e) meets the minimum standards set out in the Designation Standards for Screening Officers, published by the Department of Transport in January 2004, as amended from time to time.

  • Marginal note:Supervision

    (2) A screening authority must ensure that any person who acts or will act as a screening officer for it or on its behalf meets the requirements set out in subsection (1).

Official Languages

Marginal note:Official languages

 At the airports that are listed in Schedule 1 and at all aerodromes where there is a significant demand for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations, a screening authority must

  • (a) carry out screening by means that allow effective communication with members of the public in the official language of their choice; and

  • (b) provide in both official languages any printed or pre-recorded material that is used in respect of screening.

Carriage of Weapons, Explosive Substances and Incendiary Devices During Screening

Marginal note:Prohibition

  •  (1) Subject to subsection (2), a person must not present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to a weapon, an explosive substance or an incendiary device.

  • Marginal note:Exception

    (2) A person who is permitted under subsection 78(2) to carry, transport or have access to a weapon, an explosive substance or an incendiary device may present themselves for a screening or submit goods in their possession or control for a screening while they are carrying or have access to that weapon, substance or device.

Marginal note:Notification of screening officers

  •  (1) If a screening authority is notified by an air carrier that a peace officer will be carrying or will have access to a firearm on board an aircraft, the screening authority must notify all the screening officers with whom the peace officer will come into contact that the peace officer will be carrying or will have access to a firearm on board the aircraft.

  • Marginal note:Notification by peace officer

    (2) If the peace officer is authorized by the air carrier under section 531, the peace officer must present the identification and the form referred to in that section to the screening officers.

  • SOR/2014-153, s. 3

Identity Screening

Marginal note:Application

  •  (1) Sections 8.2 to 8.5 apply in respect of some or all of the persons at a passenger screening checkpoint, at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act, if there is a heightened risk condition that can be mitigated by screening the identity of those persons at that checkpoint.

  • Marginal note:Notification

    (2) A screening authority must notify the Minister before carrying out identity screening at a passenger screening checkpoint.

  • SOR/2012-48, s. 2
  • SOR/2015-196, s. 2

Definition of required identification

 For the purposes of sections 8.3 and 8.4, required identification means

  • (a) one piece of government-issued photo identification that shows the holder’s name, date of birth and gender;

  • (b) two pieces of government-issued identification at least one of which shows the holder’s name, date of birth and gender; or

  • (c) a restricted area identity card.

  • SOR/2012-48, s. 2

Marginal note:Identity screening

  •  (1) A screening authority must not allow a person referred to in subsection 8.1(1) to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person by looking at the person, and in particular their entire face, to determine if they appear to be 18 years of age or older.

  • Marginal note:Identity screening

    (2) A screening authority must not allow a person referred to in subsection 8.1(1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the person

    • (a) by comparing the person, and in particular their entire face, against the required identification; and

    • (b) by comparing the name on the person’s document of entitlement with the name on the required identification.

  • Marginal note:Exception

    (3) Paragraph (2)(b) does not apply in respect of a person who is acting in the course of their employment and uses a restricted area identity card as required identification.

  • SOR/2012-48, s. 2

Marginal note:Lost or stolen identification

  •  (1) If a person referred to in subsection 8.1(1) who appears to be 18 years of age or older presents documentation issued by a government or a police service and attesting to the loss or theft of the required identification, a screening authority must not allow the person to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority

    • (a) screens the person’s identity using alternative forms of identification; and

    • (b) carries out an additional screening of the person, and of any goods in their possession or control, for goods listed or described in the general list of prohibited items.

  • Marginal note:Examples

    (2) Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.

  • SOR/2012-48, s. 2

Marginal note:Refusal of entry

  •  (1) A screening authority must not allow a person referred to in subsection 8.1(1) who appears to be 18 years of age or older to pass beyond a passenger screening checkpoint into a sterile area if

    • (a) the person presents a piece of photo identification and does not resemble the photograph;

    • (b) the person does not appear to be the age indicated by the date of birth on the identification they present;

    • (c) the person does not appear to be of the gender indicated on the identification they present;

    • (d) the person presents more than one form of identification and there is a major discrepancy between those forms of identification; or

    • (e) there is a major discrepancy between the name on the identification presented by the person and the name on their access document.

  • Marginal note:Medical exceptions

    (2) Paragraph (1)(a) does not apply in respect of a person referred to in subsection 8.1(1) if

    • (a) the person’s appearance changed for medical reasons after the photograph was taken and the person presents the screening authority with a document signed by a health care professional and attesting to that fact; or

    • (b) the person’s face is bandaged for medical reasons and the person presents the screening authority with a document signed by a health care professional and attesting to that fact.

  • SOR/2012-48, s. 2

Screening for Prohibited Items

Marginal note:Application

 Sections 10 to 13 apply in respect of aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and in respect of any other place designated by the Minister under subsection 6(1) of the Canadian Air Transport Security Authority Act.

  • SOR/2015-196, s. 3
 
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