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

Overview

Marginal note:Regulations overview

• 1 (1) These Regulations are the principal means of supplementing the legislative framework set out in sections 4.7 to 4.87 of the Act. They are designed to enhance preparedness for acts or attempted acts of unlawful interference with civil aviation and to facilitate the detection of, prevention of, response to and recovery from acts or attempted acts of unlawful interference with civil aviation.

• Marginal note:Other instruments

  (2) These Regulations are supplemented from time to time by other aviation security regulations and by security measures, interim orders, ministerial orders and emergency directions.

Marginal note:Structure

2 These Regulations are divided into 14 parts: 

• (a) Part 1 deals with screening authorities and the screening of persons and goods at aerodromes;

• (b) Part 2 deals with the CATSA security program;

• (c) Part 3 deals with weapons, explosive substances and incendiary devices;

• (d) Part 4 deals with security at aerodromes listed in Schedule 1;

• (e) Part 5 deals with security at aerodromes listed in Schedule 2;

• (f) Part 6 deals with security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act;

• (g) Part 7 deals with security at other aerodromes;

• (h) Part 8 deals with aircraft security;

• (i) Part 9 is reserved;

• (j) Part 10 is reserved;

• (k) Part 11 deals with air cargo;

• (l) Part 12 is reserved;

• (m) Part 13 sets out ministerial powers and duties; and

• (n) Part 14 sets out an administrative monetary penalty scheme for the contravention of certain provisions of these Regulations and the provisions of any security measure.

Interpretation

Marginal note:Definitions

3 The following definitions apply in these Regulations.

accepted cargo

accepted cargo means any cargo in respect of which an air waybill or other similar control document is issued. (fret accepté)

Act

Act means the Aeronautics Act. (Loi)

aerodrome security personnel

aerodrome security personnel means individuals who are employed by the operator of an aerodrome or by one of the operator’s contractors to prepare for, detect, prevent, respond to, and assist in the recovery from, acts or attempted acts of unlawful interference with civil aviation. (personnel de sûreté de l’aérodrome)

agency firearm

agency firearm has the same meaning as in section 1 of the Public Agents Firearms Regulations. (arme à feu d’agence)

baggage make-up area

baggage make-up area means an area of an air terminal building, or an area of a building at an aerodrome that is under an air carrier’s control, where checked baggage is stored. (zone de tri de bagages)

biometric template

biometric template means a template generated by algorithms that encode an identifiable physiological or behavioural characteristic of a person. (modèle biométrique)

border services officer

border services officer has the same meaning as in section 5 of the Preclearance Act, 2016. (agent des services frontaliers)

carry-on baggage

carry-on baggage means any baggage and personal belongings to which a person has or will have access on board an aircraft. (bagages de cabine)

CATSA

CATSA means the Canadian Air Transport Security Authority established under subsection 5(1) of the Canadian Air Transport Security Authority Act. (ACSTA)

checked baggage

checked baggage means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation. (bagages enregistrés)

combination code

combination code means a series or combination of numbers, letters or other characters that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’accès)

consolidated cargo

consolidated cargo means multiple cargo shipments that originate from more than one original shipper that are consolidated to form one shipment under the air waybill or similar control document. (fret groupé)

crew member

crew member means a person assigned to duty on an aircraft during flight time by the operator of the aircraft. (membre d’équipage)

defensive equipment

defensive equipment means a baton or oleoresin capsicum spray, or both. (équipement défensif)

document of entitlement

document of entitlement means a document that serves as proof of authorization to enter a restricted area. (document d’autorisation)

escort officer

escort officer means

• (a) a peace officer; and

• (b) any person authorized by the federal government or a provincial government or any of their agencies to escort a person in custody on a flight. (agent d’escorte)

exigent circumstances

exigent circumstances means circumstances beyond a border services officer’s or a US preclearance officer’s control in which the officer’s continued presence is required to

• (a) preserve the integrity of an examination or investigation that is underway; or

• (b) prevent an imminent danger to human life or serious damage to property. (situation d’urgence)

firearm

firearm has the same meaning as in section 2 of the Criminal Code. (arme à feu)

general list of prohibited items

general list of prohibited items means Part 1 of TP 14628, which lists or describes goods that

• (a) could pose a threat to aviation security;

• (b) are prohibited as carry-on baggage by the governments of other countries; or

• (c) are identified by the International Civil Aviation Organization as items that must never be carried in the cabin of an aircraft or taken into a restricted area. (liste générale des articles interdits)

incendiary device

incendiary device means an object, other than a match or pocket lighter, that is fabricated with combustible materials and is designed to inflict burn injuries on individuals or to cause fire damage to property. (engin incendiaire)

inspector

inspector means a person who is authorized by the Minister to carry out an inspection under subsection 8.7(1) of the Act. (inspecteur)

key

key means a key, card or other device, including a functionality that can be added to a restricted area identity card, that is designed to allow access to a restricted area and that is issued to an individual by, or under the authority of, the operator of an aerodrome. (clé)

Minister

Minister means the Minister of Transport. (ministre)

non-consolidated cargo

non-consolidated cargo means a cargo shipment that originates from a single shipper. (fret non groupé)

non-passenger screening checkpoint

non-passenger screening checkpoint means a restricted area access point or a location inside a restricted area where persons other than passengers are screened or can be screened. (point de contrôle des non-passagers)

operator of an aerodrome

operator of an aerodrome means

• (a) in the case of an aerodrome that is not an airport, the person in charge of the aerodrome, and includes an employee, an agent or a representative of the person in charge of the aerodrome;

• (b) in the case of an airport, the holder of the Canadian aviation document issued in respect of the airport or the person in charge of the airport, and includes an employee, an agent or a representative of the holder of the Canadian aviation document; and

• (c) in the case of an aerodrome or part of an aerodrome that is operated by the Minister of National Defence and used by an air carrier, the person in charge of commercial air service operations at the aerodrome. (exploitant d’un aérodrome)

operator of an aircraft

operator of an aircraft means the person who has possession of the aircraft as owner, lessee or otherwise. (utilisateur d’un aéronef)

passenger screening checkpoint

passenger screening checkpoint means a screening checkpoint that is intended primarily for the screening of departing passengers. (point de contrôle des passagers)

peace officer

peace officer means

• (a) a member of the Correctional Service of Canada who is designated as a peace officer under Part I of the Corrections and Conditional Release Act and any other officer or permanent employee of a prison, other than a penitentiary as defined in Part I of that Act;

• (b) a member of the Royal Canadian Mounted Police, a police officer or a police constable;

• (c) any person who is designated by the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or a provincial minister as a peace officer for the purpose of the preservation and maintenance of the public peace at an aerodrome;

• (d) an officer who is enforcing any provision of the Immigration and Refugee Protection Act, or of any regulations, warrant, order or direction made under that Act, respecting the arrest, detention or removal from Canada of any person; and

• (e) an officer or non-commissioned member of the Canadian Forces who is appointed as a member of the military police under regulations for the purposes of section 156 of the National Defence Act. (agent de la paix)

personal identification code

personal identification code means a series or combination of numbers, letters or other characters that is chosen by a person or that is assigned to a person by, or under the authority of, the operator of an aerodrome and that, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and allows access to a restricted area. (code d’identification personnel)

primary security line

primary security line means the boundary between a restricted area and a non-restricted area at an aerodrome. (première ligne de sûreté)

primary security line partner

primary security line partner means a business, organization or non-profit group — other than the operator of an aerodrome, CATSA, a government department or agency or the police service with jurisdiction at an aerodrome — that occupies an area that is on an aerodrome’s primary security line and that includes a restricted area access point. This definition includes, but is not limited to, a commercial lessee of the operator of an aerodrome. (partenaire de la première ligne de sûreté)

regulatory requirement

regulatory requirement means a requirement of

• (a) these Regulations;

• (b) any other aviation security regulations;

• (c) a security measure;

• (d) an interim order; or

• (e) a ministerial order. (exigence réglementaire)

restricted area

restricted area means any part of an aerodrome that is designated as a restricted area by the operator of the aerodrome in accordance with a regulatory requirement. (zone réglementée)

restricted area access point

restricted area access point means an opening in a security barrier that allows access to a restricted area. (point d’accès aux zones réglementées)

restricted area identity card

restricted area identity card means a restricted area pass that is issued by or under the authority of the operator of an aerodrome and that can be automatically verified by an identity verification system maintained by CATSA under section 56. (carte d’identité de zone réglementée)

restricted area pass

restricted area pass means a pass issued by or under the authority of the operator of an aerodrome to a person who requires ongoing access to restricted areas as part of the person’s employment. (laissez-passer de zone réglementée)

screening authority

screening authority means, as the context requires,

• (a) CATSA;

• (b) a screening contractor as defined in section 2 of the Canadian Air Transport Security Authority Act; or

• (c) a screening officer. (administration de contrôle)

screening officer

screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)

security barrier

security barrier means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area. (enceinte de sûreté)

security personnel

security personnel[Repealed, SOR/2014-153, s. 2]

sensitive information respecting aviation security

sensitive information respecting aviation security means information — including information respecting risks, threats, vulnerabilities, systems, equipment, controls and procedures as well as plans and technical drawings — that could be used to exploit or create a vulnerability or to facilitate an act or attempted act of unlawful interference with civil aviation. (renseignements délicats relatifs à la sûreté aérienne)

specific list of prohibited items

specific list of prohibited items means Part 2 of TP 14628, which lists flights or classes of flights that require additional screening for reasons respecting elevated threat conditions or respecting the harmonization of screening rules and which lists or describes, for each flight or class of flight, goods that are supplemental to the goods listed or described in the general list of prohibited items. (liste spécifique des articles interdits)

sterile area

sterile area means a restricted area, including any passenger loading bridge attached to it, that is used to segregate the following persons from other persons at an aerodrome:

• (a) passengers who have been screened;

• (b) passengers who are exempted from screening in accordance with an aviation security regulation, a security measure, an emergency direction or an interim order; and

• (c) other persons who are authorized to be in the area by the operator of the aerodrome. (zone stérile)

threat item

threat item means any of the following goods that are in a shipment of cargo but are not listed on the air waybill or other similar control document issued in respect of that cargo:

• (a) an explosive substance;

• (b) an incendiary device;

• (c) a component of an explosive device or incendiary device; and

• (d) any other good that could pose a threat to aviation security. (article dangereux)

TP 14628

TP 14628 means the document entitled Prohibited Items List, published by the Department of Transport in March 2011, as amended from time to time. (TP 14628)

US inspection agency

US inspection agency means the entity responsible for carrying out responsibilities relating to the importation of goods, immigration, agriculture and public health and safety in order to determine whether a person or goods bound for the United States is or are admissible. (organisme d’inspection des États-Unis)

US inspection agency ammunition

US inspection agency ammunition means ammunition that is provided to US preclearance officers by the US inspection agency. (munitions d’organisme d’inspection des États-Unis)

US inspection agency firearm

US inspection agency firearm means a firearm that is provided to US preclearance officers by the US inspection agency and that is loaded with US inspection agency ammunition or is unloaded. (arme à feu d’organisme d’inspection des États-Unis)

US preclearance officer

US preclearance officer has the meaning assigned to the definition preclearance officer in section 5 of the Preclearance Act, 2016. (contrôleur des États-Unis)

weapon

weapon has the same meaning as in section 2 of the Criminal Code. (arme)