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

Regulations are current to 2019-08-28 and last amended on 2019-08-15. Previous Versions

PART 1Screening (continued)

Screening for Prohibited Items (continued)

Marginal note:Prohibited items

  •  (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a screening authority must not permit the person to pass beyond a screening checkpoint into a sterile area unless the screening authority ensures that the person is not in possession or control of any goods that

    • (a) are listed or described in the general list of prohibited items; or

    • (b) pose an immediate threat to aviation security.

  • Marginal note:Specific list

    (2) If the sterile area is for passengers for a flight or class of flight that is listed in the specific list of prohibited items, the screening authority must not permit the person to pass beyond a screening checkpoint into the area unless the screening authority also ensures that the person is not in possession or control of any goods that are listed or described in that list for that flight or class of flight.

Marginal note:Weapons, explosive substances and incendiary devices

 A screening authority may permit a person in possession or control of a weapon, an explosive substance or an incendiary device to pass beyond a screening checkpoint into a sterile area if the person is carrying or has access to the weapon, explosive substance or incendiary device in accordance with these Regulations, a security measure, an emergency direction or an interim order.

Marginal note:Medically necessary goods

 A screening authority may permit a person in possession or control of goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the goods are medically necessary and the person declares them to the screening authority.

Marginal note:Medical kits

 A screening authority may permit a health care professional in possession or control of a medical kit that contains goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into a sterile area if the screening authority ensures that the kit does not include sharp or cutting instruments.

Circumventing Screening

Marginal note:Circumventing screening

 If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or any goods in their possession or control to be screened, another person must not assist that person in circumventing the screening.

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.

  • SOR/2019-149, s. 3

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 to 54 reserved]

PART 2Other Air Transport Security Functions of CATSA

Overview

Marginal note:Part overview

 This Part sets out air transport security functions, other than screening, that are assigned to CATSA.

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 that, at a minimum, sets out how CATSA will re-establish normal operations and meet the following objectives in the event that it is unable to use the identity verification system to meet those objectives:

    • (a) to receive security clearance information from the Minister;

    • (b) to activate and deactivate restricted area identity cards; and

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

  • Marginal note:Implementation

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

  • Marginal note:Delay notice

    (3) CATSA must immediately notify the Minister and any affected operator of an aerodrome if CATSA discovers that it will be unable, for more than 24 hours, to use the identity verification system to meet the objectives set out in paragraphs (1)(a) to (c).

  • Marginal note:Ministerial access

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

 
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