Secure Air Travel Regulations (SOR/2015-181)

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)

Canadian Travel Number

Canadian Travel Number means the unique identifier referred to in section 10.1 of the Act. (numéro canadien de voyages)

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)

Minister

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

unique identifier

unique identifier[Repealed, SOR/2022-225, s. 1]

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 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:

• (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.

Information Collected by Air Carrier

Marginal note: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 information set out in paragraphs 6(2)(a) to (c) of the Act about each person who is expected to be on board the aircraft for the flight.

• Marginal note:Canadian Travel Number

  (1.1) An air carrier must provide to each person referred to in subsection (1) an opportunity to provide their Canadian Travel Number at the time of reservation and at check-in.

• Marginal note:Collection of Canadian Travel Number

  (1.2) If a Canadian Travel Number is provided in accordance with subsection (1.1), the air carrier must collect it as soon as it is provided to them.

• Marginal note: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

Marginal note: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.

Marginal note: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 Canadian Travel Number, 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.

Marginal note: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; and

  • (b) [Repealed, SOR/2022-225, s. 4]

  • (c) if there is any new information that has not already been provided under paragraph (a) or any change to the information that has already been provided to the Minister, as soon as feasible after the air carrier makes the change or becomes aware of the new information or the change but before the scheduled time of departure of the aircraft.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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

Marginal note: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.

• Marginal note: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.

• Marginal note: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)(c), 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.

• Marginal note: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)(a) or (c), as the case may be.

• Marginal note: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.

Marginal note: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.