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Secure Air Travel Regulations (SOR/2015-181)

Regulations are current to 2020-10-05 and last amended on 2019-09-05. Previous Versions

Secure Air Travel Regulations

SOR/2015-181

SECURE AIR TRAVEL ACT

Registration 2015-06-30

Secure Air Travel Regulations

P.C. 2015-1054 2015-06-30

His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 32 of the Secure Air Travel ActFootnote a, makes the annexed Secure Air Travel Regulations.

Interpretation

Marginal note:Definitions

 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)

  • SOR/2019-325, s. 1

Prescribed Person

Marginal note:Assistance to Minister

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

  • SOR/2019-325, s. 2

Application

Marginal note:Application

 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

  • SOR/2019-325, s. 3

Verification of Identity

Marginal note:Boarding gate — domestic flight

  •  (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.

  • SOR/2019-325, s. 5

Marginal note:Boarding gate — international flight

 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:

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

  • SOR/2019-325, s. 5

Marginal note:Verification of identity

  •  (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.

  • SOR/2019-325, s. 5

Marginal note:Verification of name — boarding pass

  •  (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.

 [Repealed, SOR/2019-325, s. 8]

Marginal note:Prohibition — transporting passenger

  •  (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.

  • SOR/2019-325, s. 9

 [Repealed, SOR/2019-325, s. 10]

Marginal note:Prohibition

 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.

  • SOR/2019-325, s. 11

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

 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

 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.

  • SOR/2019-325, s. 13

Marginal note:Removal of information

 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.

  • SOR/2019-325, s. 13

Marginal note:Access limited

 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

 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

  •  (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

 These Regulations come into force on August 1, 2015.

AMENDMENTS NOT IN FORCE

  • — SOR/2019-325, s. 1(2)

      • 1 (2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

        Minister

        Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

        unique identifier

        unique identifier means the unique identifier referred to in section 10.1 of the Act that is issued to a person to assist with the verification of their identity before a flight. (identifiant unique)

  • — SOR/2019-325, s. 3(2)

      • 3 (2) The portion of section 2 of the Regulations before paragraph (a) is replaced by the following:

        • Application

          2 Sections 2.1 to 11 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 personal 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:

  • — SOR/2019-325, s. 4

    • 4 The Regulations are amended by adding the following after section 2:

      Information Collected by Air Carrier

      • Collection of information
        • 2.1 (1) An air carrier must, no later than 72 hours before the scheduled time of departure of a domestic flight or international flight, collect the following information about each person who is expected to be on board the aircraft for the flight:

          • (a) their surname, first name and any middle names;

          • (b) their date of birth;

          • (c) their gender; and

          • (d) their unique identifier, if they have one and have disclosed it to the air carrier.

        • Duty to retain information

          (2) The air carrier must retain the information for as long as is necessary to comply with its obligations under subsection 6(2) of the Act.

      Information Provided to Minister

      • Prescribed flight

        2.2 For the purposes of subsections 6(2) and (4) of the Act, a domestic flight or international flight is a prescribed flight.

      • Prescribed information

        2.3 For the purposes of paragraph 6(2)(d) of the Act, the prescribed information about each person referred to in subsection 6(2) of the Act is the following:

        • (a) their citizenship or nationality;

        • (b) the number and expiry date of their passport and the name of the country or entity that issued it or the number and expiry date of their permanent resident card issued by Canada or the United States;

        • (c) their unique identifier, if they have one;

        • (d) their reservation record locator number;

        • (e) the unique passenger reference that is assigned to them by the air carrier;

        • (f) the flight code that identifies the air carrier and the flight number;

        • (g) if the person is expected to be on board the aircraft, the scheduled date, time and place of departure of the aircraft;

        • (h) if the person is on board the aircraft, the date, time and place of departure of the aircraft; and

        • (i) the scheduled date, time and place of arrival of the aircraft.

      • Prescribed times — person expected on board
        • 2.4 (1) For the purposes of subsection 6(2) of the Act, the times when the information — other than information referred to in paragraph 2.3(h) of these Regulations — must be provided about each person who is expected to be on board the aircraft are the following:

          • (a) 72 hours before the flight’s scheduled time of departure or, for reservations that are made after that time, the time when the reservation is made;

          • (b) the time when the person checks in for the flight; and

          • (c) if there is any change to the information that has already been provided to the Minister, as soon as feasible after the air carrier makes or becomes aware of the change.

        • Prescribed time — person on board

          (2) For the purposes of subsection 6(2) of the Act, the time within which information referred to in paragraphs 2.3(d) to (f), (h) and (i) of these Regulations must be provided about each person who is on board the aircraft is no later than 30 minutes after the time of departure of the aircraft.

        • Cancelled reservation

          (3) An air carrier must, no later than 30 minutes after the cancellation of a flight reservation of a person about whom information has been provided to the Minister under subsection 6(2) of the Act, inform the Minister of the cancellation.

        • Flight cancellation

          (4) An air carrier must, no later than 30 minutes after the cancellation of a flight for which information has been provided to the Minister under subsection 6(2) of the Act, inform the Minister of the cancellation.

      • Prescribed manner — electronic communications
        • 2.5 (1) For the purposes of subsection 6(2) of the Act, the information must be provided to the Minister by means of an electronic communications system that is compatible with the Minister’s electronic communications system and that is able to

          • (a) receive and acknowledge receipt of information disclosed by the Minister or the Minister of Transport; and

          • (b) receive directions made by the Minister under section 9 of the Act.

        • Manner of informing — cancellations

          (2) An air carrier that is required to inform the Minister of a cancellation under subsection 2.4(3) or (4) must do so by means of the system referred to in subsection (1).

      Listed Persons

      • Listed person
        • 2.6 (1) This section applies if, before a person has obtained a boarding pass for a domestic flight or international flight, the Minister informs the air carrier that information referred to in paragraphs 6(2)(a) to (c) of the Act or paragraphs 2.3(a) to (c) of these Regulations that the air carrier has provided about the person under subsection 6(2) of the Act is the same as the information of a listed person.

        • Self-service machine or Internet

          (2) The air carrier must not allow the person to obtain a boarding pass for the flight in question at a self-service machine or from the Internet.

        • Verification of identity

          (3) If the person presents themselves at the air carrier’s check-in desk to obtain a boarding pass for the flight in question, the air carrier must, before providing information about the person to the Minister in accordance with paragraph 2.4(1)(b), verify the person’s identity using a piece of identification that is acceptable under subsection 3(1) or section 4, as the case may be, and must compare

          • (a) the information on the person’s identification with the information in their reservation record; and

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

        • Information discrepancy

          (4) If the comparison reveals a discrepancy between the information on the person’s identification and the information in their reservation record, the air carrier must not issue a boarding pass to the person pending a response from the Minister with respect to the information that has been provided in accordance with paragraph 2.4(1)(b) or (c), as the case may be.

        • Duty to refuse boarding pass

          (5) The air carrier must not, in either of the following circumstances, issue a boarding pass to the person unless the air carrier has contacted the Minister of Transport by telephone and been informed that a direction will not be made under subsection 9(1) of the Act — other than under paragraph 9(1)(b) — in respect of the person:

          • (a) the comparison performed under paragraph (3)(a) does not reveal a discrepancy between the information on the person’s identification and the information in their reservation record,

          • (b) the comparison performed under paragraph (3)(a) reveals a discrepancy between the information on the person’s identification and the information in their reservation record and the Minister, in response to the information provided by the air carrier regarding the discrepancy, informs the air carrier that information referred to in paragraphs 6(2)(a) to (c) of the Act or paragraphs 2.3(a) to (c) of these Regulations about the person is still the same as that of a listed person.

      • Contact information — paragraph 9(1)(a) of Act

        2.7 If a direction is made by the Minister 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 provide the information to the person.

      No Information from Minister

      • No information from Minister
        • 2.8 (1) This section applies if, at the start of the period during which persons can check in for a domestic flight or international flight, the air carrier has not received information from the Minister about a person who is expected to be on board the aircraft.

        • Self-service machine or Internet

          (2) The air carrier must not allow the person to obtain a boarding pass for the flight in question at a self-service machine or from the Internet.

        • Duty to contact

          (3) If the person presents themselves at the check-in desk, the air carrier must not issue a boarding pass to the person unless the air carrier has contacted the Minister of Transport by telephone and been informed that a direction will not be made under subsection 9(1) of the Act — other than under paragraph 9(1)(b) — in respect of the person.

  • — SOR/2019-325, s. 6

    • 6 Subsection 4.1(2) of the Regulations is replaced by the following:

      • 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 immediately inform the Minister using the electronic communication system referred to in subsection 2.5(1).

  • — SOR/2019-325, s. 7

    • 7 Section 5 of the Regulations is repealed.

  • — SOR/2019-325, s. 11(2)

      • 11 (2) Paragraph 9(a) of the Regulations is replaced by the following:

        • (a) about whom the Minister has been informed under subsection 4.1(2), 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;

  • — SOR/2019-325, s. 12

    • 12 Section 10 of the Regulations is replaced by the following:

      Interruption of the Electronic Communications System

      • Duty to inform

        10 An air carrier and the Minister must inform each other of any interruption of their respective electronic communications systems referred to in subsection 2.5(1)

        • (a) in the case of a planned system interruption, as soon as feasible in advance of the scheduled date of the interruption and in writing; and

        • (b) in the case of an unplanned system interruption, immediately after they become aware of the interruption.

      • Electronic system interruption — check-in

        10.1 In the event of an interruption of an air carrier’s or the Minister’s electronic communications system, the air carrier must, at the time of check-in for a flight, refer to the most recent information received from the Minister about any person who is expected to be on board the aircraft before issuing a boarding pass to that person.

      • Resolution of interruption
        • 10.2 (1) For the purposes of subsection 6(2) of the Act, if, because of an interruption of an air carrier’s or the Minister’s electronic communications system, the information that is required to be provided about a person who is expected to be on board the aircraft cannot be provided in accordance with subsection 2.5(1) of these Regulations at one or both of the times prescribed in paragraphs 2.4(1)(b) and (c) of these Regulations, the prescribed time is as soon as feasible after the resolution of the interruption.

        • Close-out information

          (2) For the purposes of subsection 6(2) of the Act, if, because of an interruption of an air carrier’s or the Minister’s electronic communications system, the information that is required to be provided about a person who is on board the aircraft cannot be provided in accordance with subsection 2.5(1) of these Regulations within the time limit prescribed in subsection 2.4(2) of these Regulations, the prescribed time is as soon as feasible after the resolution of the interruption.

  • — SOR/2019-325, s. 14

    • 14 Sections 11 to 16 of the Regulations are replaced by the following:

      • Information — removal and destruction

        11 Within two years after the day fixed under subsection 173(1) of the National Security Act, 2017, every air carrier must

        • (a) permanently remove all versions of the list and any information respecting listed persons from

          • (i) any system it used to comply with these Regulations as they read immediately before the day on which this section comes into force, and

          • (ii) any electronic communications system it uses to comply with these Regulations; and

        • (b) permanently destroy any document or record in its control containing information respecting a listed person.

  • — SOR/2019-325, s. 15

    • 15 The Secure Air Travel RegulationsFootnote 2 are amended by adding the following after section 10.1:

      • Duty to provide information

        10.11 In the circumstances referred to in section 10.1, the air carrier must, at the time of check-in of each person who is expected to be on board the aircraft, immediately provide to the Minister of Transport, about the person, the information referred to in paragraphs 6(2)(a) to (c) of the Act — and the information referred to in paragraphs 2.3(a) to (g) and (i) of these Regulations that is in the air carrier’s control — if

        • (a) no information has been received from the Minister about the person;

        • (b) the information received from the Minister fails to indicate that the information referred to in paragraphs 6(2)(a) to (c) of the Act or paragraphs 2.3(a) to (c) of these Regulations that has been provided about the person is not the same as that of a person whose name is on the list established under subsection 8(1) of the Act; or

        • (c) any of the information about the person that is provided under subsection 6(2) of the Act has changed since it was provided to the Minister.

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