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

Marginal note:Emergency exits

138 A person at an aerodrome must not open any door that is designated as an emergency exit and that is also a restricted area access point unless

• (a) the person is authorized by the operator of the aerodrome to open it; or

• (b) there is an emergency.

Unauthorized Access

Marginal note:Prohibition

• 139 (1) If a person has been given notice, orally, in writing or by a sign, that access to a part of an aerodrome is prohibited or is limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

• Marginal note:Restricted areas

  (2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.

• Marginal note:Non-public areas other than restricted areas

  (3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

• Marginal note:Non-public areas other than restricted areas

  (4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Inspectors

Marginal note:Requirement to allow access

140 The operator of an aerodrome must allow an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.

DIVISION 7Documents of Entitlement

Marginal note:Division overview

141 This Division sets out provisions respecting documents of entitlement. Requirements respecting the issue and use of restricted area identity cards are set out in Division 8.

Marginal note:List of documents

• 142 (1) Only the following documents are documents of entitlement at an aerodrome:

  • (a) a restricted area identity card;

  • (b) a temporary pass issued by the operator of the aerodrome;

  • (c) a boarding pass, a ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;

  • (d) a passenger escort form that is approved by the operator of the aerodrome;

  • (e) a courtesy-lounge or conference-room pass that is issued by an air carrier and that is approved by the operator of the aerodrome; and

  • (f) a document that is issued or approved by the operator of the aerodrome in accordance with a security measure.

• Marginal note:Pilot’s licence

  (2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

  • (a) is acting in the course of their employment; or

  • (b) requires access to an aircraft that they own or operate.

DIVISION 8Enhanced Access Controls

Overview

Marginal note:Division overview

143 This Division sets out enhanced access control requirements, including requirements respecting the identity verification system referred to in section 56.

Identity Verification System

Marginal note:Disclosure of information

• 144 (1) The operator of an aerodrome is authorized to disclose to the Minister or CATSA any information that is necessary for the proper operation of the identity verification system.

• Marginal note:Identity protection

  (2) Despite subsection (1), the operator of an aerodrome must not disclose to CATSA the identity of an applicant for a restricted area identity card or the identity of a person to whom a restricted area identity card has been issued unless the operator grants CATSA access to its databases to maintain or repair the identity verification system and CATSA’s access to the person’s identity is incidental to the maintenance or repairs.

Information To Be Displayed on a Restricted Area Identity Card

Marginal note:Required information

• 145 (1) The operator of an aerodrome must ensure that the following information is displayed on each restricted area identity card that it issues:

  • (a) the full name of the person to whom the card is issued;

  • (b) [Repealed, SOR/2022-92, s. 15]

  • (c) a photograph depicting a frontal view of the person’s face;

  • (d) the expiry date of the card;

  • (e) the name of the aerodrome where the card is issued;

  • (f) the name of the person’s employer, if the person has a single employer;

  • (g) the terms “multi-employer” and “employeur multiple”, if the person has more than one employer.

  • (h) [Repealed, SOR/2022-92, s. 15]

  • (i) [Repealed, SOR/2022-92, s. 15]

• Marginal note:Expiration date

  (2) A restricted area identity card, including one that is issued to a person who requires access to restricted areas at more than one aerodrome, expires no later than five years after the day on which it is issued or on the day on which the security clearance of the person to whom the card is issued expires, whichever is earlier.

• (3) [Repealed, SOR/2022-92, s. 15]

• Marginal note:Official languages

  (4) The operator of an aerodrome must ensure that all information that is displayed on a restricted area identity card is in both official languages.

Issuance of Restricted Area Identity Cards

Marginal note:Issuance criteria

• 146 (1) The operator of an aerodrome must not issue a restricted area identity card to a person unless the person

  • (a) applies in writing;

  • (b) is sponsored in writing by their employer;

  • (c) has a security clearance;

  • (d) consents in writing to the collection, use, retention, disclosure and destruction of information for the purposes of this Division; and

  • (e) confirms that the information displayed on the card is correct.

• Marginal note:Activation requirement

  (2) The operator of an aerodrome must not issue a restricted area identity card to a person unless the card has been activated.

Marginal note:False information

147 A person must not provide false information for the purpose of obtaining a restricted area identity card.

Marginal note:Sponsorship

148 An employer must not

• (a) sponsor an employee who does not require ongoing access to restricted areas in the course of their employment; or

• (b) knowingly sponsor an employee for more than one restricted area identity card at a time.

Marginal note:Issuance of multiple cards

149 The operator of an aerodrome must not issue more than one restricted area identity card at a time to a person.

Marginal note:Replacement of cards

150 Before replacing a lost, stolen or non-functional restricted area identity card, the operator of an aerodrome must ensure that

• (a) the person applying for the replacement card is the person to whom the lost, stolen or non-functional card has been issued; and

• (b) the person still has a security clearance.

Marginal note:Requirement to inform

151 Before collecting information from an applicant under this Division, the operator of an aerodrome must bring to the applicant’s attention the purposes for which the information is collected and the manner in which the information will be used, retained, disclosed and destroyed.

Marginal note:Collection of information

• 152 (1) For the purpose of creating a restricted area identity card for an applicant, the operator of an aerodrome must collect the following information from the applicant:

  • (a) the applicant’s full name;

  • (b) the applicant’s height;

  • (c) a photograph depicting a frontal view of the applicant’s face;

  • (d) the applicant’s fingerprint images and iris images;

  • (e) the name of the applicant’s employer; and

  • (f) the applicant’s occupation.

• Marginal note:Destruction of images and templates

  (2) The operator of the aerodrome must, immediately after issuing the restricted area identity card, destroy all fingerprint images and iris images that the operator collected from the applicant and any biometric template created from those images that is not stored on the card.

Marginal note:Quality control

153 For the purpose of allowing CATSA to monitor the quality of biometric templates and determining if a restricted area identity card is already active in respect of an applicant, the operator of an aerodrome must, before issuing the card, disclose to CATSA any biometric templates created from the fingerprint images and iris images collected from the applicant.

Marginal note:Protection of information

154 The operator of an aerodrome must take appropriate measures to protect information that is collected, used, retained or disclosed in accordance with this Division from loss or theft and from unauthorized access, use, disclosure, duplication or alteration.

Deactivation of Restricted Area Identity Cards

Marginal note:Deactivation request

• 155 (1) The operator of an aerodrome who has issued a restricted area identity card must immediately ask CATSA to deactivate the card if

  • (a) the card expires;

  • (b) the person to whom the card has been issued or their employer informs the operator that the card is lost, stolen or no longer functional; or

  • (c) the person to whom the card has been issued fails, on demand, to present or surrender the card to a screening officer.

• Marginal note:Reason for deactivation

  (1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.

• Marginal note:Prohibition

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

• Marginal note:Notification of Minister

  (3) The operator of an aerodrome must notify the Minister if the operator asks CATSA to deactivate a restricted area identity card.

Marginal note:Change in employment

156 The operator of an aerodrome who has issued a restricted area identity card must notify the Minister immediately if

• (a) in the case of a person who has a single employer, the person to whom the card has been issued ceases to be employed or no longer requires ongoing access to restricted areas in the course of their employment; and

• (b) in the case of a person who has more than one employer, the person to whom the card has been issued ceases to be employed by all of their employers or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Duty of employer

157 The employer of a person to whom a restricted area identity card has been issued must immediately notify the operator of an aerodrome who issued the card if the person ceases to be an employee or no longer requires ongoing access to restricted areas in the course of their employment.

Marginal note:Retrieval of cards

• 158 (1) The operator of an aerodrome who has issued a restricted area identity card must take reasonable steps to retrieve the card if it has been deactivated and must notify CATSA if the card is not retrieved.

• Marginal note:Return of cards

  (2) If a restricted area identity card has been deactivated, the person to whom the card has been issued must immediately return it to the operator of an aerodrome who issued it unless the card was surrendered in accordance with this Division or was lost or stolen.

• Marginal note:Destruction of cards

  (3) The operator of an aerodrome must, as soon as feasible, destroy a restricted area identity card that has been retrieved or returned.

Keys, Combination Codes and Personal Identification Codes

Marginal note:Issuance or assignment

159 The operator of an aerodrome must not issue a key or assign a combination code or personal identification code to a person for a restricted area unless

• (a) the person is a person to whom a restricted area identity card has been issued and the card is active; or

• (b) the person is in possession of a document that is issued or approved by the operator of the aerodrome in accordance with a security measure as authorization for the person to enter or remain in the restricted area.

Marginal note:Addition of key

160 The operator of an aerodrome may add a key to a restricted area identity card only if it is possible to cancel or remove the key without damaging or altering any other elements of the card.

Marginal note:Protection of information

161 The operator of an aerodrome must not add to or modify a restricted area identity card in any way that might allow the disclosure to CATSA of information about the person to whom the card has been issued.

Marginal note:Cancellation, withdrawal or retrieval

162 The operator of an aerodrome must cancel, withdraw or retrieve a key that has been issued to a person who has been issued a restricted area identity card, or a combination code or personal identification code that has been assigned to that person, if

• (a) the person’s restricted area identity card has been deactivated; or

• (b) the person no longer requires ongoing access to the restricted area in the course of their employment.