National Security Act, 2017 (S.C. 2019, c. 13)

Marginal note:Exemption power — urgent situations, etc.

• 7.1 (1) The Minister may, by order, on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of subsection 6(2) or of a provision of the regulations with respect to any flight specified in the order if, in his or her opinion,

  • (a) the urgency of a situation or circumstances beyond the air carrier’s control would make it difficult for it to comply with that subsection or provision; and

  • (b) the exemption is not likely to adversely affect transportation security.

• Marginal note:Exemption from Statutory Instruments Act

  (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Marginal note:Exemption power — tests

7.2 The Minister may, by order, for any period and on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of a provision of the regulations to allow for the conduct of tests, including tests of new kinds of technologies and tests of alternative measures to those set out in the provision, so as to allow him or her to determine whether any changes to the regulations are required as a result, if, in his or her opinion, the exemption is not likely to adversely affect transportation security.

Marginal note:Pre-flight verification of identity

10.1 The Minister may, for the purpose of issuing a unique identifier to a person to assist with the verification of their identity before a flight, collect any personal information that they provide.

Marginal note:Identification of listed persons

10.2 The Minister may, for the purpose of identifying listed persons who are on board or expected to be on board an aircraft,

• (a) collect the information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3); and

• (b) collect the information that is provided under subsection 6(4).

Marginal note:Disclosure of information provided under subsection 6(2)

• 10.3 (1) The Minister may disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3)

  • (a) for the purpose of obtaining assistance in identifying listed persons who are on board or expected to be on board an aircraft, if the information relates to a person who the Minister has reason to believe is a listed person; and

  • (b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or with rules of court relating to the production of information.

• Marginal note:Listed persons

  (2) Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3), if the information relates to a listed person.

Marginal note:Disclosure of other information

11 Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is obtained in the exercise or performance of his or her powers, duties or functions under this Act, other than information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3).

Marginal note:Foreign states

12 The Minister may enter into a written arrangement with the government of a foreign state, an institution of such a government or an international organization relating to the disclosure of any information that he or she is, under subsection 10.3(2) or section 11, permitted to disclose, and may disclose the list, in whole or in part, to the state, institution or organization only in accordance with the arrangement.

Marginal note:Disclosure to parent

12.1 The Minister may disclose to a child’s parent, or to a child’s guardian or tutor if they have the rights and responsibilities of a parent in relation to the child, that the child is not a listed person.

• (b) collect from air carriers and operators of aviation reservation systems any information that is provided under subsection 6(4);

Marginal note:Canada Border Services Agency

14 The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including by disclosing to him or her and to any other person or entity referred to in section 10 information that is collected from air carriers and operators of aviation reservation systems in respect of a listed person or of a person about whom the Minister or the Minister of Transport has informed that Agency that he or she has reason to believe that the person is a listed person.

• Marginal note:Deemed decision

  (6) If the Minister does not make a decision in respect of the application within a period of 120 days after the day on which the application is received — or within a further period of 120 days, if the Minister does not have sufficient information to make a decision and he or she notifies the applicant of the extension within the first 120-day period — the Minister is deemed to have decided to remove the applicant’s name from the list.

• Marginal note:Application

  (2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received.

Marginal note:Information destruction — Minister

• 18 (1) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing the following information about a person who is or was on board or was expected to be on board an aircraft for the flight, unless that information is reasonably required for the purposes of this Act:

  • (a) any information that is provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3);

  • (b) any information that is provided to the Minister under subsection 6(4); and

  • (c) any information that is disclosed to the Minister under paragraph 13(d), if that information was originally provided to the Minister of Transport under subsection 6(4).

• Marginal note:Information destruction — Minister of Transport, etc.

  (2) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister of Transport and any person or entity who is prescribed by regulation for the purpose of subsection 6(4) must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing information about a person who is or was on board or was expected to be on board an aircraft for the flight that is provided to that Minister, person or entity under subsection 6(4), unless that information is reasonably required for the purposes of this Act.

• Marginal note:Information destruction — section 10 persons and entities

  (3) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister and any other person or entity referred to in section 10 must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing any of the following information about a person who is or was on board or was expected to be on board an aircraft for the flight that is disclosed to that Minister, person or entity under section 10, unless that information is reasonably required for the purposes of this Act:

  • (a) information that was originally provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); and

  • (b) information that was originally provided to the Minister, the Minister of Transport or any other person or entity under subsection 6(4).

Marginal note:Rights preserved

19 For greater certainty, nothing in this Act limits or prohibits the collection, use, disclosure or retention of any information if that collection, use, disclosure or retention is otherwise lawful.