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

Regulations are current to 2019-06-20 and last amended on 2019-05-29. Previous Versions

PART 8Aircraft Security (continued)

Weapons, Explosive Substances and Incendiary Devices (continued)

Marginal note:Unloaded firearm authorizations — air carriers

  •  (1) An air carrier may authorize the following persons to carry or have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes:

    • (a) the pilot-in-command of the aircraft; and

    • (b) an employee of a federal or provincial department or agency who is engaged in wildlife control.

  • Marginal note:Unloaded firearm authorizations — other operators

    (2) An operator of an aircraft, other than an air carrier, may authorize the pilot-in-command of the aircraft to carry or have access to an unloaded firearm and ammunition on board the aircraft if the firearm and ammunition are necessary for survival purposes.

Persons in the Custody of an Escort Officer

Definition of organization responsible for the person in custody

  •  (1) In this section, organization responsible for the person in custody does not include a person or an organization that provides escort officer services under a contract for remuneration.

  • Marginal note:Air carrier conditions

    (2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless

    • (a) the organization responsible for the person in custody has provided the air carrier with a written confirmation that the organization has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the travelling public and the operations of the air carrier and aerodrome;

    • (b) the air carrier and the organization responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number must be at least

      • (i) two escort officers to escort each person who is a maximum risk,

      • (ii) one escort officer to escort each person who is a medium risk, and

      • (iii) one escort officer to escort not more than two persons who are a minimum risk;

    • (c) the person in custody is escorted by the agreed number of escort officers;

    • (d) the organization responsible for the person in custody has given a written notice to the air carrier at least two hours or, in an emergency, as soon as feasible before the departure of the flight, stating

      • (i) the identity of each escort officer and the person in custody and the reasons why the person requires an escort,

      • (ii) the level of risk that the person in custody represents to the safety of the public, and

      • (iii) the flight on which the person in custody will be transported;

    • (e) each escort officer shows a representative of the air carrier identification, issued by the organization responsible for the person in custody or the organization employing the officer, that displays a photograph depicting a frontal view of the officer’s face, the signature of the officer and the signature of an authorized representative of the organization employing the officer;

    • (f) an escort officer completes the form used by the air carrier to authorize the transportation of a person in custody; and

    • (g) the air carrier verifies the identification referred to in paragraph (e)

      • (i) before the escort officer enters a restricted area from which the escort officer may board the aircraft, or

      • (ii) before the escort officer boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft.

  • Marginal note:Escort officer conditions

    (3) An escort officer must not escort a person in custody on board an aircraft unless the escort officer

    • (a) provides the operator of the aerodrome with a copy of the written notice referred to in paragraph (2)(d) at least two hours or, in an emergency, as soon as feasible before the departure of the flight; and

    • (b) shows a representative of the air carrier the identification referred to in paragraph (2)(e).

  • Marginal note:Transport of more than one person in custody

    (4) An air carrier that transports a person in custody who is a maximum risk to the public must not transport any other person in custody on board the aircraft.

Marginal note:Peace officer duties

  •  (1) An escort officer who is a peace officer and who escorts a person in custody during a flight must

    • (a) remain with the person at all times;

    • (b) immediately before boarding the aircraft, search the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety;

    • (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and

    • (d) carry restraining devices that can be used to restrain the person, if necessary.

  • Marginal note:Air carrier duties

    (2) If an escort officer who is not a peace officer escorts a person in custody, the air carrier must, immediately before the person boards the aircraft, cause the person and the person’s carry-on baggage to be screened for weapons or other items that could be used to jeopardize flight safety.

  • Marginal note:Escort officer duties

    (3) An escort officer who is not a peace officer and who escorts a person in custody during a flight must

    • (a) remain with the person at all times;

    • (b) ensure that a screening of the person and the person’s carry-on baggage for weapons or other items that could be used to jeopardize flight safety is carried out

      • (i) before the escort officer and the person enter a restricted area from which they may board the aircraft, or

      • (ii) before the escort officer and the person board the aircraft, if the aerodrome does not have a restricted area from which they may board the aircraft;

    • (c) search the area surrounding the aircraft seat assigned to the person for weapons or other items that could be used to jeopardize flight safety; and

    • (d) carry restraining devices that can be used to restrain the person, if necessary.

Marginal note:Consumption of alcoholic beverages

 A person in custody and the escort officer who is escorting the person must not consume any alcoholic beverage on board an aircraft.

Marginal note:Prohibition — alcoholic beverages

 An air carrier must not provide a person in custody or an escort officer who is escorting the person on board an aircraft with any alcoholic beverage.

Marginal note:Seating of persons in custody

 An air carrier must not allow a person in custody on board an aircraft to be seated next to an exit.

Threat Response and Information Reporting

Threat Response

Marginal note:Threat to aircraft — air carriers

  •  (1) An air carrier that is made aware of a threat against an aircraft or a flight must immediately determine whether there is a threat that jeopardizes the security of the aircraft or flight.

  • Marginal note:Threat to aircraft — other operators

    (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aircraft or a flight must immediately determine whether the threat jeopardizes the security of the aircraft or flight.

  • SOR/2019-149, s. 3

Marginal note:Threat to aircraft — air carriers

  •  (1) An air carrier that determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

    • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat;

    • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and

    • (c) inspecting the aircraft and causing a screening of the passengers and goods on board the aircraft to be carried out, unless the inspection and screening are likely to jeopardize the safety of the passengers and crew members.

  • Marginal note:Threat to aircraft — other operators

    (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

    • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the operator of the aerodrome and the appropriate police service of the nature of the threat;

    • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the operator of the aerodrome; and

    • (c) inspecting the aircraft and causing a search of the passengers and goods on board the aircraft to be carried out, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members.

  • Marginal note:Aircraft on ground

    (3) If the aircraft is on the ground, the pilot-in-command must comply with any direction given by the operator of the aerodrome under paragraph (1)(b) or (2)(b) or by a member of the appropriate police service, unless complying with the direction is likely to jeopardize the safety of the passengers and crew members.

  • SOR/2019-149, s. 3
 
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