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

Marginal note:Transport requirements

677 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.

678 [Reserved, SOR/2019-149, s. 2]

[678 reserved]

Cargo Security Coordinators and Authorized Cargo Representatives

Marginal note:Cargo security coordinator — designation

• 679 (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.

Marginal note:Authorized cargo representative

• 680 (1) A regulated agent, certified agent or known consignor must not designate an individual as an authorized cargo representative unless the individual

  • (a) is employed by the regulated agent, certified agent or known consignor;

  • (b) has a security clearance or has undergone a background check that indicates that the individual does not pose a risk to aviation security; and

  • (c) has been trained in relation to their duties as an authorized cargo representative.

• Marginal note:Background check

  (2) If the individual undergoes a background check for the purposes of paragraph (1)(b), the regulated agent, certified agent or known consignor must ensure that the background check includes

  • (a) a Canadian criminal record check;

  • (b) a check of the individual’s home addresses for the five years preceding the date of the background check; and

  • (c) a check of the individual’s work history for the five years preceding the date of the background check.

Marginal note:Canadian criminal record check

681 A regulated agent, certified agent or known consignor must, at least once every five years, conduct a Canadian criminal record check on any of their authorized cargo representatives that do not have a security clearance.

Reporting of Security Incidents

Marginal note:Reporting of security incidents

682 A regulated agent, certified agent or known consignor must immediately notify the Minister if they

• (a) detect a threat item in cargo while screening it in order for it to be tendered for transportation by air as secure cargo;

• (b) detect unauthorized access to cargo in their possession that is being screened or has been screened in order that it may be tendered for transportation by air as secure cargo;

• (c) detect signs of tampering with cargo in their possession that is being screened or has been screened in order that it may be tendered for transportion by air as secure cargo; or

• (d) become aware of any other aviation security incident involving cargo that is or was in their possession.

Record Keeping

Marginal note:Cargo security information

683 A regulated agent, certified agent or known consignor who tenders cargo for transportation by air as secure cargo must keep a copy of the information referred to in subsection 672(2), (3) or (4), as applicable, for at least 90 days after the day on which they cease to be in possession of the cargo.

Marginal note:Training record

• 684 (1) A regulated agent, certified agent or known consignor must keep a training record, in paper or electronic format, for each authorized cargo representative.

• Marginal note:Required information

  (2) A training record for an authorized cargo representative must include

  • (a) the name of the authorized cargo representative;

  • (b) their position title;

  • (c) the dates on which they received training in relation to their duties as an authorized cargo representative;

  • (d) a description of those duties; and

  • (e) the name of the trainer.

• Marginal note:Retention period — cessation of duties

  (3) The regulated agent, certified agent or known consignor must keep the training record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

Marginal note:Background check record

• 685 (1) If an individual undergoes a background check for the purposes of paragraph 680(1)(b) and is designated as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep a record in respect of the background check that contains

  • (a) the name of the individual;

  • (b) the date of the background check; and

  • (c) the name of the person or organization that conducted the background check.

• Marginal note:Retention period

  (2) If the individual ceases to act as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep the record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

Marginal note:Ministerial access

686 A regulated agent, certified agent or known consignor who keeps a record or information under this Part must make the record or information available to the Minister on reasonable notice given by the Minister.

[687 to 719 reserved]

DIVISION 2Mail

Marginal note:Requirement to screen mail

720 Mail 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.

[721 to 738 reserved]

PART 12Reserved

[739 to 764 reserved]

PART 13Ministerial Powers and Duties

Overview

Marginal note:Part overview

765 This Part sets out ministerial powers and duties that are not set out in any other part.

DIVISION 1Identity Verification System

Marginal note:Disclosure of information

766 The Minister is authorized to disclose to CATSA or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system referred to in section 56.

Marginal note:Deactivation request

• 767 (1) The Minister must ask CATSA to deactivate a restricted area identity card if

  • (a) the Minister is notified under section 156 or 312; or

  • (b) the security clearance of the person to whom the card has been issued is suspended or cancelled.

• Marginal note:Prohibition

  (2) The Minister must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

[768 to 777 reserved]

DIVISION 2AVSEC Levels

Marginal note:Application

778 This Division applies in respect of aerodromes listed in Schedules 1 to 3, or any part of those aerodromes, and 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:Level 1

779 Unless it is raised, lowered or maintained in accordance with this Division, the AVSEC level for an aerodrome or any part of an aerodrome is level 1. At that level, normal operating conditions apply.

Marginal note:Level 2

780 The Minister must raise or lower to level 2 the AVSEC level for an aerodrome or any part of an aerodrome if

• (a) the Minister is made aware of a heightened risk condition related to an elevated risk; and

• (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

Marginal note:Level 3

781 The Minister must raise to level 3 the AVSEC level for an aerodrome or any part of an aerodrome if

• (a) the Minister is made aware of a heightened risk condition related to a critical or imminent risk; and

• (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

Marginal note:Requirement to lower level

782 The Minister must, as soon as a heightened risk condition no longer applies, lower to level 1 an AVSEC level that has been raised for an aerodrome or any part of an aerodrome.

Marginal note:Maintaining a level

783 The Minister is authorized to maintain an AVSEC level that has been raised for an aerodrome or any part of an aerodrome if the criteria for raising the AVSEC level continue to apply.

Marginal note:Notification

784 If the Minister raises, lowers or maintains the AVSEC level for an aerodrome or any part of an aerodrome, the Minister must immediately notify the operator of the aerodrome. The notice must

• (a) include information about the heightened risk condition; and

• (b) specify a date on which the AVSEC level is likely to return to level 1.

Marginal note:Multiple aerodromes

785 For greater certainty, nothing in this Division prohibits the Minister from raising, lowering or maintaining the AVSEC level for more than one aerodrome at a time.

[786 to 796 reserved]

PART 14Designated Provisions

Overview

Marginal note:Part overview

• 797 (1) This Part allows the enforcement, by means of administrative monetary penalties, of the provisions of these Regulations that are set out in Schedule 4 and the provisions of any security measure.

• Marginal note:Designated provisions of the Act

  (2) The Designated Provisions Regulations allow the enforcement, by means of administrative monetary penalties, of the provisions of the Act that are set out in Schedule 4 to those Regulations.

Designated Provisions

Marginal note:Designated provisions

• 798 (1) A provision set out in column 1 of Schedule 4 is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

• Marginal note:Maximum amounts

  (2) The amount set out in column 2 or column 3 of Schedule 4 is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1.

Marginal note:Designation of security measure provisions

• 799 (1) The provisions of a security measure are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

• Marginal note:Maximum amounts

  (2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

  • (a) $5,000, in the case of an individual; and

  • (b) $25,000, in the case of a corporation.

Notice of Contravention

Marginal note:Notice requirements

800 A notice referred to in subsection 7.7(1) of the Act must

• (a) be in writing;

• (b) set out the particulars of the alleged contravention;

• (c) state that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;

• (d) state that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;

• (e) state that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and

• (f) state that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.