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

Regulations are current to 2022-07-25 and last amended on 2022-05-11. Previous Versions

PART 1Screening (continued)

Identity Verification System (continued)

[65 to 75 reserved]

PART 3Weapons, Explosive Substances and Incendiary Devices

Overview

Marginal note:Part overview

 This Part sets out prohibitions respecting weapons, explosive substances and incendiary devices at aerodromes and on board aircraft. This Part also sets out exceptions to those prohibitions.

At Aerodromes

Marginal note:Prohibition — sale

 A person must not sell or offer for sale any of the following goods in a restricted area:

  • (a) a weapon;

  • (b) a model or replica of a weapon;

  • (c) an explosive substance; and

  • (d) an incendiary device.

Marginal note:Prohibition — carriage, transportation and access

  •  (1) Subject to subsection (2), a person must not carry, transport or have access to a weapon, an explosive substance or an incendiary device at an aerodrome.

  • Marginal note:Exceptions

    (2) A person described in column 1 of the table to this subsection may, at an aerodrome, carry, transport or have access to the goods set out in column 2 if the conditions set out in column 3 are met.

    table

    ItemColumn 1Column 2Column 3
    PersonPermitted GoodsConditions
    1any personan unloaded firearmthe person is carrying or transporting the unloaded firearm, or has access to it, for the purpose of transporting it by air as checked baggage or cargo
    2a peace officera weapon and ammunitionthe peace officer is acting in the course of their duties
    3the pilot-in-command of an aircraft that is operated by an air carrieran unloaded firearmthe pilot-in-command of the aircraft is authorized by the air carrier under subsection 533(1)
    4the pilot-in-command of an aircraft that is operated by a person other than an air carrieran unloaded firearm and ammunitionthe pilot-in-command of the aircraft is authorized by the operator of the aircraft under subsection 533(2)
    5an employee of a federal or provincial department or agency who is engaged in wildlife controlan unloaded firearmthe employee is taking a flight on an aircraft operated by an air carrier and the employee is authorized by the air carrier under subsection 533(1)
    6a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearma firearm and ammunitionthe person is engaged in the protection of persons or property at the aerodrome
    7a person, other than a peace officer, who holds a licence issued under the laws of Canada to carry a firearma firearm and ammunitionthe person is engaged, on behalf of the operator of the aerodrome, in the control of animals at the aerodrome
    8any personan explosive substance or incendiary devicethe person is carrying or transporting the explosive substance or incendiary device, or has access to it, for the purpose of tendering it for transportation by an air carrier
    9any personan explosive substance or incendiary devicethe person is authorized under section 85, 249, 404 or 507 by the operator of the aerodrome
  • Marginal note:Consumption of alcoholic beverages

    (3) An employee of a federal or provincial department or agency who is engaged in wildlife control, and who carries, transports or has access to an unloaded firearm at an aerodrome, must not consume any alcoholic beverage.

On Board Aircraft

Marginal note:Weapons

  •  (1) Subject to subsections (2.1) to (4), a person must not carry or have access to a weapon on board an aircraft.

  • Marginal note:Explosive substances and incendiary devices

    (2) A person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.

  • Marginal note:Exception — air carrier flights

    (2.1) A Canadian in-flight security officer who is acting in the course of their duties may carry or have access to a loaded firearm on board an aircraft operated by an air carrier.

  • Marginal note:Exception — air carrier flights

    (3) The following persons may carry or have access to an unloaded firearm on board an aircraft operated by an air carrier:

    • (a) a peace officer who is authorized by the air carrier under section 531;

    • (b) the pilot-in-command of the aircraft if authorized by the air carrier under subsection 533(1); and

    • (c) an employee of a federal or provincial department or agency who is engaged in wildlife control and who is authorized by the air carrier under subsection 533(1).

  • Marginal note:Exception — other operators’ flights

    (4) The pilot-in-command of an aircraft operated by a person other than an air carrier may carry or have access to an unloaded firearm and ammunition on board the aircraft if authorized by the operator of the aircraft under subsection 533(2).

  • Marginal note:Consumption of alcoholic beverages

    (5) The following persons must not consume any alcoholic beverage if they are on board an aircraft and are carrying or have access to an unloaded firearm:

    • (a) a peace officer; and

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

  • SOR/2014-153, s. 4

Transport and Tendering for Transportation

Marginal note:General prohibitions

  •  (1) Subject to subsection (3), a person must not transport any of the following goods on board an aircraft operated by an air carrier or tender them for transportation by an air carrier:

    • (a) a loaded firearm;

    • (b) an explosive substance other than ammunition; and

    • (c) an incendiary device.

  • Marginal note:Unloaded firearms

    (2) A person must not tender an unloaded firearm to an air carrier for subsequent acceptance and transportation unless the person declares to the air carrier that the firearm is unloaded.

  • Marginal note:Exception

    (3) A person may transport an explosive substance or an incendiary device on board an aircraft operated by an air carrier, or tender it for transportation by an air carrier, if the person notifies the air carrier before the explosive substance or incendiary device arrives at the aerodrome.

False Declarations

Marginal note:False declarations

 A person at an aerodrome or on board an aircraft must not falsely declare

  • (a) that the person is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the person’s possession or control or in goods that the person has tendered or is tendering for screening or transportation; or

  • (b) that another person at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

PART 4Class 1 Aerodromes

Overview

Marginal note:Part overview

 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 1.

Application

Marginal note:Application

 This Part applies in respect of aerodromes listed in Schedule 1.

DIVISION 1Prohibited Items

Overview

Marginal note:Division overview

 This Division completes and supplements the regulatory framework set out in Part 3.

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

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.

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

  •  (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

  • Marginal note:Exception — liquids, aerosols and gels

    (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.

  • Marginal note:Exception — knives

    (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.

  • SOR/2012-48, s. 3

[87 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

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.

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.

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.

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.

Marginal note:Threats identified by other person

 If it is determined under paragraph 15(b), 90(b) or 92(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.

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.

Marginal note:Commercial air service information

 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

DIVISION 3AVSEC Levels

Overview

Marginal note:Division overview

 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

  • SOR/2014-153, s. 5

AVSEC Level Requirements

Marginal note:Additional safeguards

 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:

  • (a) determine which additional safeguards are likely to mitigate the heightened risk condition;

  • (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;

  • (c) implement or continue to implement the additional safeguards; and

  • (d) notify the Minister of the additional safeguards that are being or will be implemented.

  • SOR/2014-153, s. 5
 
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