Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Secure Air Travel Act. (Loi)

boarding pass

boarding pass includes a ticket or other document that is both accepted by an air carrier and approved by an aerodrome operator as confirmation of the holder’s status as a passenger on a flight. (carte d’embarquement)

domestic flight

domestic flight means a domestic flight referred to in section 2. (vol intérieur)

international flight

international flight means an international flight referred to in section 2. (vol international)

Prescribed Person

Marginal note:Assistance to Minister

1.1 For the purposes of paragraph 10(f) of the Act, the Minister of Foreign Affairs is a prescribed person.

Application

Marginal note:Application

2 Sections 3 to 15 apply in respect of the following passenger-carrying flights — or in respect of air carriers conducting such flights — if the passengers, the property in the possession or control of the passengers and the belongings or baggage that the passengers give to the air carrier for transport are subject to screening that is carried out — in Canada under the Aeronautics Act or in another country by the person or entity responsible for the screening of such persons, property and belongings or baggage — before boarding:

• (a) domestic flights that depart from Canadian aerodromes and that are conducted by air carriers under Subpart 5 of Part VII of the Canadian Aviation Regulations; and

• (b) international flights that depart from or will arrive at Canadian aerodromes and that are conducted by air carriers

  • (i) under Subpart 1 of Part VII of the Canadian Aviation Regulations using aircraft that have a maximum certificated take-off weight of more than 8 618 kg (19,000 pounds) or have a seating configuration, excluding crew seats, of 20 or more, or

  • (ii) under Subpart 5 of Part VII of the Canadian Aviation Regulations.

Verification of Identity

Marginal note:Boarding gate — domestic flight

• 3 (1) Subject to subsection (2), an air carrier must, at the boarding gate for a domestic flight, verify the identity of each passenger who appears to be 18 years of age or older using

  • (a) one piece of valid photo identification issued by a government authority in Canada that shows the passenger’s surname, first name and any middle names and their date of birth, except any document, however described and regardless of format, issued by a government authority for the purposes of fishing, hunting or boating;

  • (b) one of the following pieces of photo identification issued by a government authority that shows the passenger’s surname, first name and any middle names and their date of birth and that is valid:

    • (i) a passport issued by the country of which the passenger is a citizen or a national,

    • (ii) a NEXUS card,

    • (iii) a permanent resident card issued by the United States,

    • (iv) an enhanced driver’s license issued in the United States,

    • (v) any document referred to in subsection 50(1) or 52(1) of the Immigration and Refugee Protection Regulations;

  • (c) two pieces of valid identification that are issued by a government authority in Canada — at least one of which shows the passenger’s surname, first name and any middle names and their date of birth — except any document, however described and regardless of format, issued by a government authority for the purposes of fishing, hunting or boating; or

  • (d) a valid restricted area identity card, as defined in section 3 of the Canadian Aviation Security Regulations, 2012.

• Marginal note:Alternative identification — loss or theft

  (2) In the event that a passenger’s identity cannot be verified in accordance with subsection (1) because of the loss or theft of one or more pieces of their identification, the air carrier may verify their identity using alternative forms of valid identification such as their employee identity card, public transit pass or baptismal certificate if the passenger presents the identification in conjunction with documentation issued by a government authority or a police service that attests to the loss or theft.

Marginal note:Boarding gate — international flight

4 An air carrier must, at the boarding gate for an international flight, verify the identity of each passenger who appears to be 18 years of age or older using

• (a) one of the following pieces of photo identification issued by a government authority that shows the passenger’s surname, first name and any middle names, their date of birth and gender and that is valid:

  • (i) a passport issued by the country of which the passenger is a citizen or a national,

  • (ii) a NEXUS card,

  • (iii) any document referred to in subsection 50(1) or 52(1) of the Immigration and Refugee Protection Regulations; or

• (b) a valid restricted area identity card, as defined in section 3 of the Canadian Aviation Security Regulations, 2012.

Marginal note:Verification of identity

• 4.1 (1) The air carrier must carry out each verification referred to in section 3 or 4 by

  • (a) comparing the surname, first name and any middle names on the passenger’s boarding pass with their identification; and

  • (b) if the passenger presents a piece of photo identification, comparing the passenger’s entire face with the face displayed in the photograph.

• Marginal note:Significant discrepancy

  (2) If there is a significant discrepancy between the surname, first name or any middle names on the identification presented by the passenger and the surname, first name or any middle names on their boarding pass, the air carrier must

  • (a) compare the names on the identification with the names of listed persons; and

  • (b) if the names on the identification are similar to those of a listed person, immediately inform the Minister of Transport.

Marginal note:Verification of name — boarding pass

• 5 (1) An air carrier must, before issuing a boarding pass to any person who appears to be 18 years of age or older, verify the identity of the person by comparing their name with the names of listed persons.

• Marginal note:Verification — other information

  (2) If the name of the person is the same as that of a listed person,

  • (a) the air carrier must not allow the person to obtain a boarding pass at a kiosk or from the Internet; and

  • (b) the air carrier must compare the name, date of birth and gender on the person’s identification to those of the listed person.

• Marginal note:Duty to inform Minister of Transport

  (3) If the name, date of birth and gender on the identification are the same as those of a listed person, the air carrier must immediately inform the Minister of Transport.

• Marginal note:Boarding pass

  (4) After informing the Minister of Transport, the air carrier must not issue a boarding pass to the person unless the Minister of Transport has informed the air carrier that a direction referred to in paragraph 9(1)(a) of the Act will not be made in respect of that person.

6 [Repealed, SOR/2019-325, s. 8]

Marginal note:Prohibition — transporting passenger

• 7 (1) It is prohibited for an air carrier to transport a passenger if

  • (a) the passenger presents a piece of photo identification and does not resemble the photograph; or

  • (b) [Repealed, SOR/2019-325, s. 9]

  • (c) [Repealed, SOR/2019-325, s. 9]

  • (d) the passenger presents more than one form of identification and there is a significant discrepancy between those forms of identification.

• Marginal note:Exception

  (2) Despite paragraph (1)(a), an air carrier may transport a passenger who presents a piece of photo identification but does not resemble the photograph if

  • (a) the passenger’s appearance changed for medical reasons after the photograph was taken and the passenger presents the air carrier with a document signed by a health care professional that attests to that fact; or

  • (b) the passenger’s face is bandaged for medical reasons and the passenger presents the air carrier with a document signed by a health care professional that attests to that fact.

8 [Repealed, SOR/2019-325, s. 10]

Marginal note:Prohibition

9 It is prohibited for an air carrier to transport a person

• (a) about whom the Minister of Transport has been informed under paragraph 4.1(2)(b), unless the Minister of Transport has informed the air carrier that a direction will not be made in respect of that person under subsection 9(1) of the Act;

• (b) about whom a direction has been made, unless the air carrier has complied with the direction.

Marginal note:Contact information — paragraph 9(1)(a) of Act

10 If a direction is made under paragraph 9(1)(a) of the Act in respect of a listed person, the Minister of Transport must provide the air carrier with contact information for the administrative recourse office of the Department of Public Safety and Emergency Preparedness and the air carrier must make that contact information available to the person.

Information

Marginal note:Responsibility of air carrier

11 An air carrier must ensure that any system it uses to comply with paragraph 4.1(2)(a) or section 5 uses only the most up-to-date information provided to the air carrier by the Minister of Transport respecting listed persons.

Marginal note:Removal of information

12 If the Minister of Transport informs an air carrier that a person is no longer a listed person, the air carrier must immediately remove all information respecting that person from any system it uses to comply with paragraph 4.1(2)(a) or section 5.

Marginal note:Access limited

13 An air carrier must ensure that

• (a) access to information respecting listed persons is restricted to air carrier employees, representatives or contractors who require the access to carry out their duties under the Act or these Regulations; and

• (b) access by those employees, representatives or contractors is limited to the extent necessary to carry out those duties.

Marginal note:Prohibition

14 It is prohibited for air carrier employees, representatives or contractors to use any information respecting a listed person except to the extent necessary to carry out their duties under the Act or these Regulations.

Marginal note:Record of persons with access

• 15 (1) An air carrier must keep an up-to-date record of all employees, representatives or contractors of the air carrier who have access to the list established under subsection 8(1) of the Act.

• Marginal note:Provision of list to Minister of Transport

  (2) The air carrier must provide the up-to-date record to the Minister of Transport on reasonable notice given by that Minister.

Coming into Force

Marginal note:August 1, 2015

16 These Regulations come into force on August 1, 2015.