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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 5Class 2 Aerodromes (continued)

DIVISION 8Enhanced Access Controls (continued)

Control of Access to Restricted Areas (continued)

Marginal note:Oversight

 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of

  • (a) an active restricted area identity card that has been issued to the person; or

  • (b) a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2012-48, s. 21

Business Continuity Plans

Marginal note:Business continuity plans

  •  (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 324 in the event that the operator is unable to use its restricted area access control process to comply with that section.

  • Marginal note:Implementation

    (2) The operator of the aerodrome must immediately implement its business continuity plan and notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 324.

  • Marginal note:Notification of delay

    (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 324.

  • Marginal note:Ministerial access

    (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Database backup

 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.

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

Marginal note:General prohibitions

  •  (1) A person must not

    • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;

    • (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;

    • (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;

    • (d) use a restricted area identity card or a key that has been issued to another person;

    • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;

    • (f) use a counterfeit restricted area identity card or a counterfeit key; or

    • (g) make a copy of a restricted area identity card or a key.

  • Marginal note:Disclosure or use of codes

    (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not

    • (a) disclose a combination code or personal identification code; or

    • (b) use another person’s combination code or personal identification code.

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. 26]

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 332(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.

 
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