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

Regulations are current to 2019-12-03 and last amended on 2019-08-15. Previous Versions

PART 5Class 2 Aerodromes (continued)

DIVISION 9Airport Security Programs (continued)

Requirements that Apply only if an Amendment to Schedule 2 or a Ministerial Order is made: Multi-agency Advisory Committee; Airport Security Risk Assessments; and Strategic Airport Security Plans (continued)

Marginal note:Requirement to consult

 The operator of an aerodrome must consult its multi-agency advisory committee when the operator is

  • (a) preparing its airport security risk assessment for submission to the Minister for approval; and

  • (b) conducting a review of its airport security risk assessment.

  • SOR/2014-153, s. 27

Marginal note:Airport security risk assessment — annual review

  •  (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year.

  • Marginal note:Airport security risk assessment — other reviews

    (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if

    • (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security;

    • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;

    • (c) an environmental or operational change at the aerodrome could affect aerodrome security;

    • (d) a change in regulatory requirements could affect aerodrome security;

    • (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or

    • (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk.

  • Marginal note:Equivalency

    (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1).

  • Marginal note:Documentation

    (4) When the operator of the aerodrome conducts a review of its airport security risk assessment, the operator must document

    • (a) any decision to amend or to not amend the assessment or the operator’s risk-management strategy;

    • (b) the reasons for that decision; and

    • (c) the factors that were taken into consideration in making that decision.

  • Marginal note:Notification

    (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment

    • (a) to include a new medium to high risk; or

    • (b) to raise or lower the level of a risk within the medium to high range.

  • SOR/2014-153, s. 27

Marginal note:Approval

 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

  • (a) the assessment meets the requirements of section 354;

  • (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the operator has considered risk information provided by its multi-agency advisory committee;

  • (d) the operator has considered all available and relevant information; and

  • (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

  • SOR/2014-153, s. 27

Marginal note:Strategic airport security plans

 The operator of an aerodrome must establish a strategic airport security plan that

  • (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and

  • (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment.

  • SOR/2014-153, s. 27

Marginal note:Requirement to consult

 The operator of an aerodrome must consult its multi-agency advisory committee when the operator

  • (a) establishes its strategic airport security plan; and

  • (b) amends its strategic airport security plan under subsection 364(1).

  • SOR/2014-153, s. 27

Marginal note:Requirement to submit

 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.

  • SOR/2014-153, s. 27

Marginal note:Requirement to implement

 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.

  • SOR/2014-153, s. 27

Marginal note:Approval of plan

 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if

  • (a) the plan meets the requirements of section 359;

  • (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;

  • (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

  • (d) the risk-management strategy is in proportion to the risks it addresses;

  • (e) the operator has considered the advice of its multi-agency advisory committee;

  • (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and

  • (g) the plan can be implemented without compromising aviation security.

  • SOR/2014-153, s. 27

Marginal note:Amendments

  •  (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if

    • (a) the plan does not reflect the operator’s airport security risk assessment;

    • (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk;

    • (c) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or

    • (d) the operator identifies a deficiency in the plan.

  • Marginal note:Documentation — risk-management strategy

    (2) If the operator of the aerodrome amends its risk-management strategy, the operator must document

    • (a) the reason for the amendment; and

    • (b) the factors that were taken into consideration in making that amendment.

  • Marginal note:Documentation — strategic airport security plan

    (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document

    • (a) the reason for the amendment; and

    • (b) the factors that were taken into consideration in making that amendment.

  • Marginal note:Submission of amendment

    (4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.

  • Marginal note:Approval

    (5) The Minister must approve an amendment if

    • (a) in the case of an amendment to the summary required under paragraph 359(a), the conditions set out in paragraphs 363(a) to (c) have been met; and

    • (b) in the case of an amendment to the risk-management strategy required under paragraph 359(b), the conditions set out in section 363 have been met.

  • Marginal note:Implementation

    (6) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.

  • SOR/2014-153, s. 27
 
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