Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Regulations are current to 2022-09-22 and last amended on 2022-05-11. Previous Versions

PART 11Air Cargo and Mail (continued)

DIVISION 1Air Cargo

Application

Marginal note:Application

  •  (1) Section 669 applies to air carriers who transport cargo on a flight that is carrying passengers or on an all-cargo flight.

  • (2) Sections 670 to 686 apply to the following members of the air cargo security program who screen cargo or store, tender or transport secure cargo:

    • (a) regulated agents;

    • (b) certified agents; and

    • (c) known consignors.

Transporting Cargo by Air and Tendering Cargo for Transportation by Air

Marginal note:Requirement to screen cargo

 Cargo that is to be transported by an air carrier on a flight that is carrying passengers or on an all-cargo flight must be screened by the air carrier for threat items in accordance with a security measure, unless the cargo was tendered to the air carrier for transportation by air as secure cargo.

Marginal note:Tendering of secure cargo — regulated agents and certified agents

 A regulated agent or certified agent must not tender cargo for transportation by air as secure cargo unless

  • (a) the regulated agent

    • (i) has screened the cargo for threat items in accordance with a security measure,

    • (ii) has restricted access to the cargo in accordance with sections 675 to 677, and

    • (iii) has ensured that the cargo was not tampered with after it was screened for threat items; or

  • (b) the regulated agent or certified agent has screened it in order to verify that

    • (i) the cargo was screened for threat items in accordance with a security measure,

    • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

    • (iii) the cargo was not tampered with after it was screened for threat items.

Marginal note:Tendering of secure cargo — known consignors

 A known consignor must not tender cargo for transportation by air as secure cargo unless the known consignor

  • (a) has screened the cargo for threat items in accordance with a security measure;

  • (b) has restricted access to the cargo in accordance with sections 675 to 677; and

  • (c) has ensured that the cargo was not tampered with after it was screened for threat items.

Marginal note:Cargo security information

  •  (1) A regulated agent, certified agent or known consignor must not tender cargo for transportation by air as secure cargo unless the cargo is accompanied by the information referred to in subsection (2), (3) or (4), as applicable, in paper or electronic format.

  • Marginal note:Tendering by regulated agents

    (2) If the cargo is tendered by a regulated agent referred to in paragraph 670(a), the information that accompanies the cargo must include

    • (a) in the case of non-consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s name,

      • (iii) the regulated agent’s air cargo security program number,

      • (iv) the name of the original shipper of the cargo, and

      • (v) a declaration by one of the regulated agent’s authorized cargo representatives stating that

        • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

        • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered; and

    • (b) in the case of consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s name,

      • (iii) the regulated agent’s air cargo security program number, and

      • (iv) a declaration by one of the regulated agent’s authorized cargo representatives stating that

        • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

        • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

  • Marginal note:Tendering by regulated agents or certified agents

    (3) If the cargo is tendered by a regulated agent or certified agent referred to in paragraph 670(b), the information that accompanies the cargo must include

    • (a) in the case of non-consolidated cargo

      • (i) the information that accompanied the cargo when the cargo was accepted by the regulated agent or certified agent,

      • (ii) the air waybill number or the number of a similar control document, and

      • (iii) the regulated agent’s or certified agent’s name,

      • (iv) the regulated agent’s or certified agent’s air cargo security program number, and

      • (v) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

        • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered;

    • (b) in the case of consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s or certified agent’s name,

      • (iii) the regulated agent’s or certified agent’s air cargo security program number, and

      • (iv) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

        • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

  • Marginal note:Tendering by known consignors

    (4) If the cargo is tendered by a known consignor referred to in section 671, the information that accompanies the cargo must include

    • (a) the air waybill number or the number of a similar control document,

    • (b) the known consignor’s name,

    • (c) the known consignor’s air cargo security program number, and

    • (d) a declaration by one of the known consignor’s authorized cargo representatives stating that

      • (i) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

      • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (iii) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

Marginal note:Accurate and complete information

 A regulated agent, certified agent or known consignor who provides any of the information required under section 672 must ensure that the information is accurate and complete.

Screenings

Marginal note:Authority to screen

 A person must not screen cargo unless the person is designated by the Minister or is an authorized cargo representative of the designated person.

Marginal note:Screening for threat items

  •  (1) If a regulated agent or known consignor screens cargo for threat items in order for it to be tendered for transportation by air as secure cargo, the regulated agent or known consignor must

    • (a) conduct the screening in accordance with a security measure;

    • (b) conduct the screening in an area that the regulated agent or known consignor has designated for that purpose;

    • (c) ensure that, while the screening is being conducted, signs are in place at or near the designated area that state, in both official languages, that unauthorized access to the area is prohibited;

    • (d) control access to the designated area while the screening is being conducted to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent or known consignor has access to the area;

    • (e) take measures to detect unauthorized individuals in the designated area while the screening is being conducted;

    • (f) ensure that, while the screening is being conducted, individuals other than an authorized cargo representative of the regulated agent or known consignor do not have access to cargo in the designated area; and

    • (g) ensure that, while the screening is being conducted, cargo in the designated area is not tampered with.

  • Marginal note:Authorized access

    (2) An individual who is not an authorized cargo representative of the regulated agent or known consignor is permitted in the designated area if

    • (a) the individual is acting in the course of their employment and requires access to the designated area while screenings are being conducted;

    • (b) the individual has the prior approval of the cargo security coordinator of the regulated agent or known consignor;

    • (c) the cargo security coordinator or one of the regulated agent’s or known consignor’s authorized cargo representatives verifies the identity of the individual by means of government-issued photo identification provided by the individual; and

    • (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent or known consignor.

  • Marginal note:Escort limit

    (3) For the purposes of paragraph (2)(d), the regulated agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Storage and Transport Requirements

Marginal note:Storage requirements

  •  (1) If cargo is screened in order for it to be tendered for transportation by air as secure cargo, a regulated agent, certified agent or known consignor who stores the cargo must

    • (a) store the cargo in an area that they have designated for that purpose;

    • (b) ensure that, while the cargo is stored in the designated area, signs are in place at or near the area that state, in both official languages, that unauthorized access to the area is prohibited;

    • (c) control access to the designated area while the cargo is stored in the area to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent, certified agent or known consignor has access to the area;

    • (d) take measures to detect unauthorized individuals in the designated area while the cargo is stored in the area;

    • (e) ensure that, while the cargo is stored in the designated area, individuals other than an authorized cargo representative of the regulated agent, certified agent or known consignor do not have access to cargo in the designated area; and

    • (f) ensure that the cargo is not tampered with while it is stored in the designated area.

  • Marginal note:Authorized access

    (2) An individual who is not an authorized cargo representative of the regulated agent, certified agent or known consignor is permitted in the designated area if

    • (a) the individual is acting in the course of their employment and requires access to the designated area while cargo, which has been screened in order that it may be tendered for transportation by air as secure cargo, is stored in the area;

    • (b) the individual has the prior approval of the cargo security coordinator of the regulated agent, certified agent or known consignor;

    • (c) the cargo security coordinator, or one of the authorized cargo representatives of the regulated agent, certified agent or known consignor, verifies the identity of the individual by means of government-issued photo identification provided by the individual; and

    • (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent, certified agent or known consignor.

  • Marginal note:Escort limit

    (3) For the purposes of paragraph (2)(d), the regulated agent, certified agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Marginal note:Transport requirements

 If cargo is screened in order for it to be tendered for transportation by air as secure cargo, the regulated agent, certified agent or known consignor who transports the cargo must, in accordance with a security measure,

  • (a) ensure that the cargo is transported by one or more of their authorized cargo representatives; and

  • (b) ensure that there is no unauthorized access to the cargo during transport.

 [Reserved, SOR/2019-149, s. 2]

[678 reserved]

Cargo Security Coordinators and Authorized Cargo Representatives

Marginal note:Cargo security coordinator — designation

  •  (1) A regulated agent, certified agent or known consignor must designate a cargo security coordinator who is responsible for coordinating and overseeing compliance with the regulatory requirements that apply to the regulated agent, certified agent or known consignor and for acting as the principal contact between the regulated agent, certified agent or known consignor and the Minister with respect to aviation security matters.

  • Marginal note:Cargo security coordinator — restriction

    (2) The regulated agent, certified agent or known consignor must not designate an individual as cargo security coordinator unless that individual is an authorized cargo representative and a senior manager or supervisor.

 
Date modified: