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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 1Screening (continued)

Threat Response

Marginal note:Threat response

 A screening authority at an aerodrome 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.

Reporting of Security Incidents

Marginal note:Items at checkpoint

  •  (1) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if a weapon, an explosive substance or an incendiary device is detected at a restricted area access point or in any other part of the aerodrome where the screening of persons or goods is carried out.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a weapon, explosive substance or incendiary device that is permitted under subsection 78(2).

  • Marginal note:Items in checked baggage

    (3) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome, the appropriate police service and the Minister if any of the following is detected in checked baggage:

    • (a) a loaded firearm;

    • (b) an explosive substance, other than ammunition; or

    • (c) an incendiary device.

  • Marginal note:Incidents

    (4) A screening authority at an aerodrome must immediately notify the appropriate air carrier, the operator of the aerodrome and the Minister of any other aviation security incident that involves a peace officer at a restricted area access point or in any other part of the aerodrome where it carries out screening.

Security Information

Marginal note:Security information

 A screening authority must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of its screening operations, including

  • (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the screening authority; and

  • (b) a description of the nature of the screening operations related to a particular flight or aerodrome.

[18 and 19 reserved]

Training

Marginal note:Minimum training standards

 A screening authority must establish and implement in a consistent manner across Canada a training program for screening officers. The training program must be composed of both theoretical and practical training and

  • (a) cover the responsibilities and duties of a screening officer, as well as screening processes;

  • (b) cover the safeguarding of civil aviation operations against acts of unlawful interference, as well as current and emerging aviation security threats and trends;

  • (c) cover the use of screening equipment, and include practical training using the screening equipment; and

  • (d) include on-the-job training provided and supervised by a person who has knowledge of and experience in screening.

Marginal note:Qualifications of instructor

 The screening authority must ensure that an instructor who provides the training referred to in paragraphs 20(a) to (d)

  • (a) is at least 18 years of age;

  • (b) is a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (c) has a security clearance;

  • (d) has specialized knowledge of aviation security screening operations;

  • (e) has successfully completed instructor training on aviation security and the screening elements to be taught; and

  • (f) has knowledge of current and emerging aviation security threats and trends and of regulatory requirements related to screening.

Marginal note:Evaluation

  •  (1) The screening authority must evaluate a screening officer candidate who has taken the training referred to in section 20 based on the following criteria:

    • (a) knowledge of the elements referred to in paragraphs 20(a) and (b); and

    • (b) the ability to operate screening equipment and apply the screening processes for persons and goods.

  • Marginal note:Evaluation — X-ray equipment

    (2) If the screening is to be carried out using X-ray equipment, the evaluation referred to in paragraph (1)(b) must contain an X-ray component that includes

    • (a) the screening of goods that are listed or described in the general list of prohibited items, with an emphasis on explosive substances;

    • (b) the screening of goods that are arranged in a way that creates various levels of difficulty in identifying them; and

    • (c) the use of X-ray image enhancement tools.

Marginal note:Ongoing training program

  •  (1) In order for a screening officer to maintain their knowledge and skills, the screening authority must have an ongoing training program that

    • (a) covers changes in screening processes, screening equipment and aviation security threats and trends; and

    • (b) includes a review of any screening issues and gaps.

  • Marginal note:Frequency

    (2) The program must set out the frequency of ongoing training.

  • Marginal note:Qualified instructor

    (3) The ongoing training must be provided by an instructor who meets the requirements set out in section 21.

  • Marginal note:Evaluation

    (4) The screening authority must evaluate the knowledge and skills of the screening officer as soon as feasible.

Marginal note:Program and examinations

 The screening authority must provide the Minister, on reasonable notice given by the Minister, with its screening officer training program and the examinations used for evaluations.

[25 to 29 reserved]

Screening Equipment

Marginal note:Screening equipment

  •  (1) A screening authority must obtain the Minister’s approval before implementing any of the following measures:

    • (a) the use, on a trial basis, of new screening equipment or software;

    • (b) the modification of approved screening equipment or software; or

    • (c) the addition of new screening equipment or software.

  • Marginal note:Request for approval

    (2) The screening authority must include the following information in the request for approval for the purposes of subsection (1):

    • (a) the reasons for the implementation of the measures and any supporting documentation from the manufacturer;

    • (b) a description of any proposed modifications to approved screening equipment or software;

    • (c) a list of the performance verification tools approved by the Minister that will be used; and

    • (d) documentation demonstrating that the detection performance of any modified equipment is maintained or enhanced.

Marginal note:Process — protection of sensitive information

  •  (1) A screening authority must implement and maintain a process approved by the Minister for preventing the disclosure of sensitive information respecting aviation security when screening equipment or software is sold, destroyed or otherwise disposed of.

  • Marginal note:Amendment of process

    (2) If the screening authority intends to amend the process, it must obtain the approval of the Minister before implementing the amended process.

[32 to 55 reserved]

 [Repealed, SOR/2022-92, s. 11]

Identity Verification System

Marginal note:System requirements

  •  (1) CATSA must implement and maintain an identity verification system that is able to automatically verify

    • (a) that a person in possession of a restricted area identity card is the person to whom the card has been issued; and

    • (b) that the restricted area identity card is active or has been deactivated.

  • Marginal note:Biometrics

    (2) The verification referred to in paragraph (1)(a) must be carried out by an on-site comparison of the biometric data provided by the person and a biometric template stored on the restricted area identity card.

Marginal note:Database backup

 CATSA must regularly back up any database that it uses as part of the identity verification system.

Marginal note:Disclosure of information

  •  (1) CATSA is authorized to disclose to the Minister or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system.

  • Marginal note:Identity protection

    (2) CATSA must not collect, use, disclose or retain the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued.

Marginal note:Biometric templates

  •  (1) If a biometric template created from a fingerprint image or iris image collected from an applicant for a restricted area identity card is disclosed to CATSA by the operator of an aerodrome, CATSA must not use the biometric template for a purpose other than

    • (a) monitoring the quality of biometric templates; or

    • (b) determining if a restricted area identity card is already active in respect of the applicant.

  • Marginal note:Already active card

    (2) CATSA must notify the Minister if it determines that a restricted area identity card is already active in respect of an applicant.

  • Marginal note:Destruction of templates

    (3) CATSA must destroy any biometric template that is disclosed to it in connection with an application for a restricted area identity card as soon as feasible in accordance with the Access to Information Act, the Library and Archives of Canada Act, the Privacy Act and any regulations made under those Acts.

Marginal note:Protection of information

 CATSA must take appropriate measures to protect information that is collected, used, retained or disclosed for the purposes of the identity verification system from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

Marginal note:Activation of cards

 CATSA must activate a restricted area identity card if the Minister informs CATSA that the applicant for the card has a security clearance and CATSA determines that no restricted area identity card is already active in respect of the applicant.

Marginal note:Deactivation of cards

 CATSA must immediately deactivate a restricted area identity card if the Minister or the operator of an aerodrome asks CATSA to deactivate the card.

Marginal note:Business continuity plan

  •  (1) CATSA must develop and maintain a business continuity plan — to be implemented in the event that it is unable to use the identity verification system — that sets out

    • (a) how CATSA will maintain an equivalent level of security until normal operations are re-established, including the ability to meet the following objectives:

      • (i) to receive security clearance information from the Minister,

      • (ii) to activate and deactivate restricted area identity cards, and

      • (iii) to allow the operator of an aerodrome to verify that a restricted area identity card is active or has been deactivated; and

    • (b) how CATSA will re-establish normal operations.

  • Marginal note:Implementation

    (2) CATSA must implement its business continuity plan and immediately notify the Minister and any affected operator of an aerodrome if it discovers that it is unable to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii).

  • Marginal note:Delay notice

    (3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if it discovers that it will be unable, for more than 24 hours, to use the identity verification system for the operations set out in subparagraphs (1)(a)(i) to (iii) and must immediately inform the Minister and any affected operator of an aerodrome of how it will re-establish normal operations.

  • Marginal note:Ministerial access

    (4) CATSA must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Records

  •  (1) CATSA must keep updated records respecting

    • (a) restricted area identity cards that have been activated;

    • (b) restricted area identity cards that have been deactivated;

    • (c) deactivated restricted area identity cards that have not been retrieved;

    • (d) restricted area identity cards that have been reported as lost or stolen; and

    • (e) blank restricted area identity cards distributed to operators of aerodromes.

    • (f) [Repealed, SOR/2022-92, s. 13]

  • Marginal note:Provision of records to Minister

    (2) CATSA must provide the Minister with the records on reasonable notice given by the Minister.

 
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