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

[482 and 483 reserved]

Disclosure of Information

Marginal note:Prohibition

484 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

DIVISION 9Reserved

[485 to 494 reserved]

DIVISION 10Other Aerodrome Operations

Overview

Marginal note:Division overview

495 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

Construction Plans

Marginal note:Requirement to notify Minister

• 496 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.

• Marginal note:Notice requirements

  (2) The notice must

  • (a) be in writing;

  • (b) state the date on which the construction will begin or the change will be made; and

  • (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.

[497 to 504 reserved]

PART 7Other Aerodromes

Overview

Marginal note:Part overview

505 This Part sets out the basic regulatory framework for security at aerodromes. However, this framework is not applicable in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

DIVISION 1Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

Marginal note:Application

506 This Division applies in respect of aerodromes. However, this Division does not apply in respect of aerodromes listed in Schedule 1, 2 or 3 or in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Marginal note:Authorization

507 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

• (a) the explosive substance or incendiary device is to be used at the aerodrome

  • (i) for excavation, demolition or construction work,

  • (ii) in fireworks displays,

  • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

  • (iv) by a police service, or

  • (v) by military personnel; and

• (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

DIVISION 2Threats and Incidents

Application

Marginal note:Application

508 This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve air carriers. This Division does not apply in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Threat Response

Marginal note:Area under operator’s control

509 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

510 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

• (a) notify the person of the nature of the threat; and

• (b) determine whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

511 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

512 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

• (a) immediately notify the operator of the aerodrome of the nature of the threat; and

• (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

513 If it is determined under paragraph 15(b), 510(b) or 512(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Information Reporting

Marginal note:Security incidents

514 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

• (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

• (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, or construction work, or the use of fireworks displays;

• (c) a threat against the aerodrome; and

• (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

515 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

DIVISION 3Emergency Planning

Application

Marginal note:Application

• 516 (1) This Division applies in respect of aerodromes that are not listed in Schedule 1, 2 or 3 and that serve

  • (a) air carriers that conduct scheduled or non-scheduled services to or from an air terminal building at any of those aerodromes; or

  • (b) air carriers that conduct scheduled international services from any of those aerodromes.

• Marginal note:Application

  (2) This Division does not apply in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Emergency Plans and Security Exercises

Marginal note:Plan requirements

• 517 (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

  • (a) bomb threats; and

  • (b) hijackings of aircraft.

• Marginal note:Response procedures

  (2) The response procedures must

  • (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;

  • (b) include, if applicable, detailed procedures for the evacuation of air terminal buildings;

  • (c) include, if applicable, detailed procedures for the search of air terminal buildings;

  • (d) include detailed procedures for the handling and disposal of a suspected bomb; and

  • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Marginal note:Discussion-based security exercise

518 The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that tests the effectiveness of the operator’s emergency plan in response to a bomb threat or a hijacking of an aircraft and involves the persons and organizations referred to in the plan.

Marginal note:Record of emergencies

• 519 (1) Each time an emergency referred to in subsection 517(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes

  • (a) a description of the emergency;

  • (b) an evaluation of the effectiveness of the operator’s emergency plan; and

  • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

• Marginal note:Record of exercises

  (2) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes

  • (a) an outline of the exercise scenario;

  • (b) an evaluation of the effectiveness of the exercise; and

  • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

• Marginal note:Ministerial access

  (3) The operator of an aerodrome must make the records referred to in subsections (1) and (2) available to the Minister on reasonable notice given by the Minister.

[520 to 524 reserved]

PART 8Aircraft Security

Overview

Marginal note:Part overview

525 This Part sets out requirements for air carriers, other operators of aircraft and persons on board aircraft.

Weapons, Explosive Substances and Incendiary Devices

Marginal note:Weapons

• 526 (1) An air carrier must not allow a person who is on board an aircraft to carry or have access to a weapon unless the air carrier has authorized the person to do so under section 531, 533 or 533.1.

• Marginal note:Explosive substances and incendiary devices

  (2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device unless the air carrier has authorized the person to do so under section 533.1.

• Marginal note:Exception — border services officer

  (3) Subsections (1) and (2) do not apply when a border services officer who is acting in the course of their duties carries or has access to defensive equipment, an agency firearm or ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — US preclearance officer

  (4) Subsections (1) and (2) do not apply when a US preclearance officer who is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 carries or has access to defensive equipment, a US inspection agency firearm or US inspection agency ammunition on board an aircraft that is on the ground at an aerodrome.

• Marginal note:Exception — certain federal employees

  (5) Subsections (1) and (2) do not apply when a person described in item 22, column 1, of the table to subsection 78(2) who is acting in the course of their duties carries or has access to defensive equipment, a loaded agency firearm or ammunition on board an aircraft that is on the ground at an aerodrome.

Marginal note:Transport of loaded firearms

• 527 (1) An air carrier must not knowingly allow a person, other than a Canadian in-flight security officer who is acting in the course of their duties, to transport a loaded firearm on board an aircraft.

• Marginal note:Transport of explosive substances and incendiary devices

  (2) An air carrier must not knowingly allow a person to transport an explosive substance, other than ammunition, or an incendiary device on board an aircraft unless the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome where it is to be accepted by the air carrier for transportation.

Marginal note:Transport of unloaded firearms

528 An air carrier must not knowingly allow a person to transport an unloaded firearm on board an aircraft unless the person has declared to the air carrier that the firearm is unloaded.

Marginal note:Storage of unloaded firearms

529 An air carrier that transports an unloaded firearm on board an aircraft must store the firearm so that it is not accessible to any person on board the aircraft other than crew members.