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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 11Air Cargo and Mail (continued)

DIVISION 1Air Cargo (continued)

Cargo Security Coordinators and Authorized Cargo Representatives (continued)

Marginal note:Canadian criminal record check

 A regulated agent, certified agent or known consignor must, at least once every five years, conduct a Canadian criminal record check on any of their authorized cargo representatives that do not have a security clearance.

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

Reporting of Security Incidents

Marginal note:Reporting of security incidents

 A regulated agent, certified agent or known consignor must immediately notify the Minister if they

  • (a) detect a threat item in cargo while screening it in order for it to be tendered for transportation by air as secure cargo;

  • (b) detect unauthorized access to cargo in their possession that is being screened or has been screened in order that it may be tendered for transportation by air as secure cargo;

  • (c) detect signs of tampering with cargo in their possession that is being screened or has been screened in order that it may be tendered for transportion by air as secure cargo; or

  • (d) become aware of any other aviation security incident involving cargo that is or was in their possession.

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

Record Keeping

Marginal note:Cargo security information

 A regulated agent, certified agent or known consignor who tenders cargo for transportation by air as secure cargo must keep a copy of the information referred to in subsection 672(2), (3) or (4), as applicable, for at least 90 days after the day on which they cease to be in possession of the cargo.

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

Marginal note:Training record

  •  (1) A regulated agent, certified agent or known consignor must keep a training record, in paper or electronic format, for each authorized cargo representative.

  • Marginal note:Required information

    (2) A training record for an authorized cargo representative must include

    • (a) the name of the authorized cargo representative;

    • (b) their position title;

    • (c) the dates on which they received training in relation to their duties as an authorized cargo representative;

    • (d) a description of those duties; and

    • (e) the name of the trainer.

  • Marginal note:Retention period — cessation of duties

    (3) The regulated agent, certified agent or known consignor must keep the training record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

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

Marginal note:Background check record

  •  (1) If an individual undergoes a background check for the purposes of paragraph 680(1)(b) and is designated as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep a record in respect of the background check that contains

    • (a) the name of the individual;

    • (b) the date of the background check; and

    • (c) the name of the person or organization that conducted the background check.

  • Marginal note:Retention period

    (2) If the individual ceases to act as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep the record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

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

Marginal note:Ministerial access

 A regulated agent, certified agent or known consignor who keeps a record or information under this Part must make the record or information available to the Minister on reasonable notice given by the Minister.

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

[687 to 719 reserved]

DIVISION 2Mail

Marginal note:Requirement to screen mail

 Mail 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.

  • SOR/2019-149, s. 2

[721 to 738 reserved]

PART 12Reserved

[739 to 764 reserved]

PART 13Ministerial Powers and Duties

Overview

Marginal note:Part overview

 This Part sets out ministerial powers and duties that are not set out in any other part.

DIVISION 1Identity Verification System

[SOR/2014-153, s. 41]

Marginal note:Disclosure of information

 The Minister is authorized to disclose to CATSA or the operator of an aerodrome any information that is necessary for the proper operation of the identity verification system referred to in section 56.

Marginal note:Deactivation request

  •  (1) The Minister must ask CATSA to deactivate a restricted area identity card if

    • (a) the Minister is notified under section 156 or 312; or

    • (b) the security clearance of the person to whom the card has been issued is suspended or cancelled.

  • Marginal note:Prohibition

    (2) The Minister must not ask CATSA to deactivate a restricted area identity card for a reason other than a reason set out in subsection (1).

[768 to 777 reserved]

DIVISION 2AVSEC Levels

Marginal note:Application

 This Division applies in respect of aerodromes listed in Schedules 1 to 3, or any part of those aerodromes, and 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. 42
  • SOR/2015-196, s. 10

Marginal note:Level 1

 Unless it is raised, lowered or maintained in accordance with this Division, the AVSEC level for an aerodrome or any part of an aerodrome is level 1. At that level, normal operating conditions apply.

  • SOR/2014-153, s. 42

Marginal note:Level 2

 The Minister must raise or lower to level 2 the AVSEC level for an aerodrome or any part of an aerodrome if

  • (a) the Minister is made aware of a heightened risk condition related to an elevated risk; and

  • (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

  • SOR/2014-153, s. 42

Marginal note:Level 3

 The Minister must raise to level 3 the AVSEC level for an aerodrome or any part of an aerodrome if

  • (a) the Minister is made aware of a heightened risk condition related to a critical or imminent risk; and

  • (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

  • SOR/2014-153, s. 42

Marginal note:Requirement to lower level

 The Minister must, as soon as a heightened risk condition no longer applies, lower to level 1 an AVSEC level that has been raised for an aerodrome or any part of an aerodrome.

  • SOR/2014-153, s. 42

Marginal note:Maintaining a level

 The Minister is authorized to maintain an AVSEC level that has been raised for an aerodrome or any part of an aerodrome if the criteria for raising the AVSEC level continue to apply.

  • SOR/2014-153, s. 42

Marginal note:Notification

 If the Minister raises, lowers or maintains the AVSEC level for an aerodrome or any part of an aerodrome, the Minister must immediately notify the operator of the aerodrome. The notice must

  • (a) include information about the heightened risk condition; and

  • (b) specify a date on which the AVSEC level is likely to return to level 1.

  • SOR/2014-153, s. 42
 
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