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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)

Threat Response and Information Reporting (continued)

Threat Response (continued)

Marginal note:Threat to facility or aerodrome — air carriers

  •  (1) An air carrier that is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

  • Marginal note:Threat to facility or aerodrome — other operators

    (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately determine whether the threat jeopardizes the security of the facility or that part of the aerodrome.

  • SOR/2019-149, s. 3

Marginal note:Threat to facility or aerodrome — air carriers

  •  (1) An air carrier that determines that there is a threat that jeopardizes the security of an aviation facility, or a part of an aerodrome, that is under the air carrier’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the nature of the threat.

  • Marginal note:Threat to facility or aerodrome — 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 aviation facility, or a part of an aerodrome, that is under the operator’s control must immediately take all of the measures necessary to ensure the safety of the facility or that part of the aerodrome and the safety of persons at the facility or that part of the aerodrome, including informing the operator of the aerodrome and the appropriate police service of the threat.

  • SOR/2019-149, s. 3

Reporting of Security Incidents

Marginal note:Notification of Minister

  •  (1) An air carrier must immediately notify the Minister when any of the following incidents occur:

    • (a) the hijacking or attempted hijacking of an aircraft;

    • (b) the discovery, on board an aircraft, of a weapon, other than an unloaded firearm that the air carrier authorized under section 531 or subsection 533(1);

    • (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device in respect of which the air carrier was not notified in accordance with subsection 80(3);

    • (d) an explosion on an aircraft, unless the explosion is known to be the result of an accident;

    • (e) a threat against an aircraft, flight, or part of an aerodrome or other aviation facility, that is under the air carrier’s control; and

    • (f) an aviation security incident that involves a peace officer in any part of an aerodrome that is under the air carrier’s control.

  • Marginal note:Notification of operators of aerodromes

    (2) An air carrier must immediately notify the operator of an aerodrome when a weapon, other than a firearm permitted under subsection 78(2), is detected in any part of the aerodrome that is under the air carrier’s control.

  • SOR/2019-149, s. 3

Security Information

Marginal note:Provision to Minister

 An air carrier 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 the air carrier’s operations, including

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

  • (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

Marginal note:Duty of service providers

 A person who provides an air carrier with a service and a person who provides a service related to the transportation of accepted cargo or mail by air 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 the air carrier’s operations, including

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

  • (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

[546 to 616 reserved]

PART 9Reserved

[617 to 626 reserved]

PART 10Reserved

[627 to 667 reserved]

PART 11Air Cargo and Mail

Overview

Marginal note:Part overview

 This Part sets out requirements for cargo and mail on passenger flights and all-cargo flights and supplements subsections 4.85(3) and (4) of the Act.

  • SOR/2015-163, s. 3
  • SOR/2019-149, s. 2

DIVISION 1Air Cargo

Application

Marginal note:Application

  •  (1) Section 669 applies to air carriers who transport cargo on a flight that is carrying passengers or on an all-cargo flight.

  • (2) Sections 670 to 686 apply to the following members of the air cargo security program who screen cargo or store, tender or transport secure cargo:

    • (a) regulated agents;

    • (b) certified agents; and

    • (c) known consignors.

  • SOR/2015-163, s. 3
  • SOR/2019-149, s. 2

Transporting Cargo by Air and Tendering Cargo for Transportation by Air

Marginal note:Requirement to screen cargo

 Cargo 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, unless the cargo was tendered to the air carrier for transportation by air as secure cargo.

  • SOR/2015-163, s. 3
  • SOR/2019-149, s. 2

Marginal note:Tendering of secure cargo — regulated agents and certified agents

 A regulated agent or certified agent must not tender cargo for transportation by air as secure cargo unless

  • (a) the regulated agent

    • (i) has screened the cargo for threat items in accordance with a security measure,

    • (ii) has restricted access to the cargo in accordance with sections 675 to 677, and

    • (iii) has ensured that the cargo was not tampered with after it was screened for threat items; or

  • (b) the regulated agent or certified agent has screened it in order to verify that

    • (i) the cargo was screened for threat items in accordance with a security measure,

    • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

    • (iii) the cargo was not tampered with after it was screened for threat items.

  • SOR/2015-163, s. 3
  • SOR/2019-149, s. 2

Marginal note:Tendering of secure cargo — known consignors

 A known consignor must not tender cargo for transportation by air as secure cargo unless the known consignor

  • (a) has screened the cargo for threat items in accordance with a security measure;

  • (b) has restricted access to the cargo in accordance with sections 675 to 677; and

  • (c) has ensured that the cargo was not tampered with after it was screened for threat items.

  • SOR/2015-163, s. 3
  • SOR/2019-149, s. 2

Marginal note:Cargo security information

  •  (1) A regulated agent, certified agent or known consignor must not tender cargo for transportation by air as secure cargo unless the cargo is accompanied by the information referred to in subsection (2), (3) or (4), as applicable, in paper or electronic format.

  • Marginal note:Tendering by regulated agents

    (2) If the cargo is tendered by a regulated agent referred to in paragraph 670(a), the information that accompanies the cargo must include

    • (a) in the case of non-consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s name,

      • (iii) the regulated agent’s air cargo security program number,

      • (iv) the name of the original shipper of the cargo, and

      • (v) a declaration by one of the regulated agent’s authorized cargo representatives stating that

        • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

        • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered; and

    • (b) in the case of consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s name,

      • (iii) the regulated agent’s air cargo security program number, and

      • (iv) a declaration by one of the regulated agent’s authorized cargo representatives stating that

        • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

        • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

  • Marginal note:Tendering by regulated agents or certified agents

    (3) If the cargo is tendered by a regulated agent or certified agent referred to in paragraph 670(b), the information that accompanies the cargo must include

    • (a) in the case of non-consolidated cargo

      • (i) the information that accompanied the cargo when the cargo was accepted by the regulated agent or certified agent,

      • (ii) the air waybill number or the number of a similar control document, and

      • (iii) the regulated agent’s or certified agent’s name,

      • (iv) the regulated agent’s or certified agent’s air cargo security program number, and

      • (v) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

        • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered;

    • (b) in the case of consolidated cargo

      • (i) the air waybill number or the number of a similar control document,

      • (ii) the regulated agent’s or certified agent’s name,

      • (iii) the regulated agent’s or certified agent’s air cargo security program number, and

      • (iv) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

        • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

        • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

  • Marginal note:Tendering by known consignors

    (4) If the cargo is tendered by a known consignor referred to in section 671, the information that accompanies the cargo must include

    • (a) the air waybill number or the number of a similar control document,

    • (b) the known consignor’s name,

    • (c) the known consignor’s air cargo security program number, and

    • (d) a declaration by one of the known consignor’s authorized cargo representatives stating that

      • (i) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

      • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (iii) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

  • SOR/2015-163, s. 3
  • SOR/2019-149, s. 2
 
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