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

[232 and 233 reserved]

Corrective Actions

Marginal note:Corrective actions

• 234 (1) Subject to section 235, a primary security line partner must immediately take corrective actions to address a vulnerability that contributes to an aerodrome-related security risk and that

  • (a) is identified to the partner by the Minister;

  • (b) is identified to the partner by the operator of the aerodrome where the partner carries out operations; or

  • (c) is identified by the partner.

• Marginal note:Notification

  (2) If a primary security line partner takes corrective actions at an aerodrome, the primary security line partner must immediately notify the operator of the aerodrome.

Marginal note:Corrective action plan

235 If a corrective action to be taken by a primary security line partner under section 234 involves a phased approach, the primary security line partner must provide the Minister and the operator of the aerodrome with a corrective action plan that sets out

• (a) the nature of the vulnerability to be addressed;

• (b) a rationale for the phased approach; and

• (c) a timetable setting out when each phase of the corrective action plan will be completed.

Disclosure of Information

Marginal note:Prohibition

235.1 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

DIVISION 12Other Aerodrome Operations

Overview

Marginal note:Division overview

236 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part.

Construction Plans

Marginal note:Requirement to notify Minister

• 237 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail.

• Marginal note:Notice requirements

  (2) The notice must

  • (a) be in writing;

  • (b) state the date on which the construction will begin or the change will be made; and

  • (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities.

238 [Repealed, SOR/2019-183, s. 13]

[239 to 245 reserved]

PART 5Class 2 Aerodromes

Overview

Marginal note:Part overview

246 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 2.

Application

Marginal note:Application

247 This Part applies in respect of aerodromes listed in Schedule 2.

DIVISION 1Prohibited Items

Overview

Marginal note:Division overview

248 This Division completes and supplements the regulatory framework set out in Part 3.

Authorization for Carriage of or Access to Explosive Substances and Incendiary Devices

Marginal note:Authorization

249 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

• (a) the explosive substance or incendiary device is to be used at the aerodrome

  • (i) for excavation, demolition or construction work,

  • (ii) in fireworks displays,

  • (iii) by persons operating explosives detection equipment or handling explosives detection dogs,

  • (iv) by a police service, or

  • (v) by military personnel; and

• (b) the operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.

Availability of Prohibited Items

Marginal note:Prohibition — sterile area

• 250 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

• Marginal note:Exception — liquids, aerosols and gels

  (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure.

• Marginal note:Exception — knives

  (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome.

[251 reserved]

DIVISION 2Threats and Incidents

Overview

Marginal note:Division overview

252 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.

Threat Response

Marginal note:Area under operator’s control

253 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome.

Marginal note:Area under control of other person

254 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately

• (a) notify the person of the nature of the threat; and

• (b) determine whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats

255 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Marginal note:Duties of other person

256 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must

• (a) immediately notify the operator of the aerodrome of the nature of the threat; and

• (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome.

Marginal note:Threats identified by other person

257 If it is determined under paragraph 15(b), 254(b) or 256(b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Information Reporting

Marginal note:Security incidents

258 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur:

• (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78(2);

• (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays;

• (c) a threat against the aerodrome; and

• (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

Marginal note:Commercial air service information

259 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.

DIVISION 3AVSEC Levels

Overview

Marginal note:Division overview

260 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

AVSEC Level Requirements

Marginal note:Additional safeguards

261 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions:

• (a) determine which additional safeguards are likely to mitigate the heightened risk condition;

• (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;

• (c) implement or continue to implement the additional safeguards; and

• (d) notify the Minister of the additional safeguards that are being or will be implemented.

Marginal note:Notification

262 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 261(b).

Marginal note:Legal powers and obligations

263 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

[264 and 265 reserved]

DIVISION 4Personnel and Training

Overview

Marginal note:Division overview

266 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome.

[267 and 268 reserved]

Security Official

Marginal note:Interpretation

269 A security official of an aerodrome is an individual who is responsible for

• (a) coordinating and overseeing security controls and procedures at the aerodrome; and

• (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.

Marginal note:Requirement

• 270 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official.

• Marginal note:Contact information

  (2) The operator of the aerodrome must provide the Minister with

  • (a) the name of each security official and acting security official; and

  • (b) 24-hour contact information for those officials.

Aerodrome Security Personnel

Marginal note:Initial training

• 271 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

• Marginal note:Training elements

  (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

  • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;

  • (b) the security controls and procedures at the aerodrome where the personnel are employed;

  • (c) systems and equipment at the aerodrome;

  • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;

  • (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and

  • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

• Marginal note:Grandfathering

  (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

Marginal note:Follow-up training

• 272 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

  • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

  • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;

  • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and

  • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

• Marginal note:Follow-up training

  (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome.

• Marginal note:Training elements

  (3) Follow-up training must include

  • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and

  • (b) instruction and evaluation in relation to that circumstance.