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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 4Class 1 Aerodromes (continued)

DIVISION 8Enhanced Access Controls (continued)

Deactivation of Restricted Area Identity Cards (continued)

Marginal note:Duty of employer

 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

  •  (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.

Keys, Combination Codes and Personal Identification Codes

Marginal note:Issuance or assignment

 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

 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

 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

 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.

Records

Marginal note:General requirement

  •  (1) The operator of an aerodrome and any person designated by the operator to issue restricted area identity cards or keys or to assign combination codes or personal identification codes must keep updated records at the aerodrome respecting

    • (a) restricted area identity cards and keys that have been issued;

    • (b) the names of the persons to whom restricted area identity cards or keys have been issued;

    • (c) the names of the persons to whom combination codes or personal identification codes have been assigned;

    • (d) blank restricted area identity cards in the operator’s possession;

    • (e) restricted area identity cards that have been deactivated;

    • (f) keys, combination codes or personal identification codes that have been cancelled, withdrawn or retrieved;

    • (g) deactivated restricted area identity cards that have not been retrieved by the operator;

    • (h) restricted area identity cards that have been reported as lost or stolen;

    • (i) steps taken to retrieve deactivated restricted area identity cards; and

    • (j) compliance with section 151.

  • Marginal note:Deactivated cards

    (2) Subject to subsection (3), a record respecting a restricted area identity card that has been deactivated must be retained for at least one year from the day on which the card was deactivated.

  • Marginal note:Lost or stolen cards

    (3) A record respecting a restricted area identity card that has been reported as lost or stolen must be retained for at least one year from the card’s expiry date.

  • Marginal note:Provision to Minister

    (4) The operator of the aerodrome must provide the Minister with the records on reasonable notice given by the Minister.

Restricted Area Access Control Process

Marginal note:Use of identity verification system

 The operator of an aerodrome must implement and maintain a restricted area access control process that uses the identity verification system.

Control of Access to Restricted Areas

Marginal note:Unauthorized access prohibition

 A person must not enter or remain in a restricted area unless the person

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

  • (b) is in possession of a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2012-48, s. 9

Marginal note:Restricted area identity cards — conditions of use

  •  (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless

    • (a) they are acting in the course of their employment;

    • (b) the card is in their possession;

    • (c) the card is active; and

    • (d) as applicable, they are in possession of a key that has been issued to them for the restricted area, or a combination code or personal identification code that has been assigned to them for the restricted area.

  • Marginal note:Exception

    (2) Paragraph (1)(d) does not apply to crew members.

Marginal note:Display of restricted area identity cards

  •  (1) A person to whom a restricted area identity card has been issued must not enter or remain in a restricted area unless they visibly display the card on their outer clothing at all times.

  • Marginal note:Display of temporary passes

    (2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.

  • SOR/2014-153, s. 14

Marginal note:Oversight

 The operator of an aerodrome must ensure that a person is not allowed to enter or remain in a restricted area at the aerodrome unless the person is in possession of

  • (a) an active restricted area identity card that has been issued to the person; or

  • (b) a document of entitlement, other than a restricted area identity card, for the restricted area.

  • SOR/2012-48, s. 10

Business Continuity Plans

Marginal note:Business continuity plans

  •  (1) The operator of an aerodrome must develop and maintain a business continuity plan that, at a minimum, sets out how the operator will re-establish normal operations and comply with section 168 in the event that the operator is unable to use its restricted area access control process to comply with that section.

  • Marginal note:Implementation

    (2) The operator of the aerodrome must immediately implement its business continuity plan and notify the Minister and CATSA if the operator discovers that it is unable to use its restricted area access control process to comply with section 168.

  • Marginal note:Notification of delay

    (3) The operator of the aerodrome must immediately notify the Minister if the operator discovers that it will be unable, for more than 24 hours, to use its restricted area access control process to comply with section 168.

  • Marginal note:Ministerial access

    (4) The operator of the aerodrome must make its business continuity plan available to the Minister on reasonable notice given by the Minister.

Marginal note:Database backup

 The operator of an aerodrome must regularly back up any database that the operator uses as part of the identity verification system.

Use of Restricted Area Identity Cards, Keys, Combination Codes and Personal Identification Codes

Marginal note:General prohibitions

  •  (1) A person must not

    • (a) lend or give a restricted area identity card or a key that has been issued to them to another person;

    • (b) use a restricted area identity card or a key that has been issued to them to allow access to a restricted area at an aerodrome to another person without authorization from the operator of the aerodrome;

    • (c) intentionally alter or otherwise modify a restricted area identity card or a key unless they are the operator of an aerodrome or a person designated by the operator;

    • (d) use a restricted area identity card or a key that has been issued to another person;

    • (e) have in their possession, without reasonable excuse, a restricted area identity card or a key that has been issued to another person;

    • (f) use a counterfeit restricted area identity card or a counterfeit key; or

    • (g) make a copy of a restricted area identity card or a key.

  • Marginal note:Disclosure or use of codes

    (2) A person, other than the operator of an aerodrome or a person designated by the operator, must not

    • (a) disclose a combination code or personal identification code; or

    • (b) use another person’s combination code or personal identification code.

 
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