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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 6Class 3 Aerodromes (continued)

DIVISION 8Airport Security Programs (continued)

Corrective Actions

Marginal note:Corrective actions

 Subject to section 480, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that

  • (a) is identified to the operator by the Minister; or

  • (b) is identified by the operator.

  • SOR/2014-153, s. 35

Marginal note:Corrective action plan

 If a corrective action to be taken by the operator of an aerodrome under section 479 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;

  • (b) a rationale for the phased approach; and

  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

  • SOR/2014-153, s. 35

Primary Security Line Partners

Marginal note:Provision of information to operator of aerodrome

  •  (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with

    • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and

    • (b) a document that

      • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,

      • (ii) indicates the location of each restricted area access point in those areas, and

      • (iii) describes those restricted area access points.

  • Marginal note:Provision of information to Minister

    (2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.

  • SOR/2014-153, s. 35

[482 and 483 reserved]

Disclosure of Information

Marginal note:Prohibition

 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.

  • SOR/2014-153, s. 35

DIVISION 9Reserved

[485 to 494 reserved]

DIVISION 10Other Aerodrome Operations

Overview

Marginal note:Division overview

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

  • SOR/2012-48, s. 34

Construction Plans

Marginal note:Requirement to notify Minister

  •  (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.

  • SOR/2012-48, s. 34

[497 to 504 reserved]

PART 7Other Aerodromes

Overview

Marginal note:Part overview

 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) of the Canadian Air Transport Security Authority Act.

  • SOR/2015-196, s. 6

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

Marginal note:Application

 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) of the Canadian Air Transport Security Authority Act.

  • SOR/2015-196, s. 7

Marginal note:Authorization

 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

 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) of the Canadian Air Transport Security Authority Act.

  • SOR/2014-153, s. 36
  • SOR/2015-196, s. 8

Threat Response

Marginal note:Area under operator’s control

 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.

  • SOR/2019-149, s. 3

Marginal note:Area under control of other person

 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.

  • SOR/2019-149, s. 3

Marginal note:Threats

 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.

  • SOR/2019-149, s. 3

Marginal note:Duties of other person

 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.

  • SOR/2019-149, s. 3

Marginal note:Threats identified by other person

 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.

  • SOR/2019-149, s. 3

Information Reporting

Marginal note:Security incidents

 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.

  • SOR/2019-149, s. 3
 
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