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

Marginal note:Report of loss or theft

• 328 (1) A person to whom a restricted area identity card or a key has been issued must immediately report its loss or theft to their employer or to the operator of an aerodrome who issued the card or key.

• Marginal note:Employer’s duty to report

  (2) An employer who is informed by an employee of the loss or theft of a restricted area identity card or a key must immediately report the loss or theft to the operator of an aerodrome who issued the card or key.

Marginal note:Report of non-functioning card

329 An employer who is informed by an employee that a restricted area identity card is not functioning must immediately notify the operator of an aerodrome who issued the card.

330 [Repealed, SOR/2014-153, s. 26]

Presentation and Surrender of Restricted Area Identity Cards

Marginal note:Presentation on demand

• 331 (1) A person in possession of a restricted area identity card who is in a restricted area at an aerodrome must, on demand, present the card to the Minister, the operator of the aerodrome, the person’s employer or a peace officer.

• Marginal note:Presentation during screening

  (2) A person in possession of a restricted area identity card who is being screened by a screening officer at a restricted area access point or at a location in a restricted area must, on demand, present the card to the screening officer.

Marginal note:Surrender on demand

• 332 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer.

• Marginal note:Demand by Minister or operator

  (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen;

  • (b) the card has been deactivated; or

  • (c) the surrender of the card is required to ensure aviation security.

• Marginal note:Demand by screening officer

  (3) A screening officer may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen;

  • (b) the card has been deactivated; or

  • (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening.

• Marginal note:Demand by peace officer

  (4) A peace officer may demand the surrender of a restricted area identity card if

  • (a) the card has expired or has been reported as lost or stolen; or

  • (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.

Marginal note:Return of cards

333 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.

Marginal note:Notification of Minister

334 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 332(2)(c).

Escort and Surveillance

Marginal note:General requirement

• 335 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card

  • (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or

  • (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance.

• Marginal note:Exceptions

  (2) This section does not apply in respect of the following persons:

  • (a) passengers who have been screened; and

  • (b) inspectors.

Marginal note:Escort ratio

• 336 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort.

• Marginal note:Surveillance ratio

  (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.

Marginal note:Requirement to remain together

• 337 (1) A person under escort must remain with the escort while the person is in a restricted area.

• Marginal note:Idem

  (2) An escort must remain with the person under escort while the person is in a restricted area.

• Marginal note:Requirement to inform

  (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.

Marginal note:Screening requirement

338 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Exception — conveyances

• 339 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them.

• Marginal note:Exception to exception

  (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 336.

Marginal note:Escort conveyances

340 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for

• (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations;

• (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and

• (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.

Inspectors

Marginal note:Exemption

341 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.

Marginal note:Inspector’s credentials

342 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.

Marginal note:Escort privileges

343 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector

• (a) is acting in the course of their employment;

• (b) does not escort more than 10 persons at one time;

• (c) remains with the person while the person is in the restricted area;

• (d) ensures that the person remains with the inspector while the person is in the restricted area; and

• (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.

Marginal note:Conveyance escort privileges

• 344 (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector

  • (a) is acting in the course of their employment;

  • (b) does not escort more than 10 persons at one time; and

  • (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance.

• Marginal note:Additional conditions

  (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must

  • (a) remain with the person; and

  • (b) ensure that the person remains with the inspector.

• Marginal note:Idem

  (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

• Marginal note:Idem

  (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.

DIVISION 9Airport Security Programs

Overview

Marginal note:Division overview

345 This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

Interpretation

Marginal note:Processes and procedures

346 For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

Airport Security Program Requirements

Marginal note:Requirement to establish and implement

• 347 (1) The operator of an aerodrome must establish and implement an airport security program.

• Marginal note:Program requirements

  (2) As part of its airport security program, the operator of an aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;

  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;

  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;

  • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;

  • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact;

  • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:

    • (i) persons who are employed at the aerodrome,

    • (ii) crew members who are based at the aerodrome, and

    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;

  • (g) assess risk information and disseminate it within the operator’s organization for the purpose of informed decision-making about aviation security;

  • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect the information from unauthorized access;

  • (i) identify sensitive information respecting aviation security and receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;

  • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:

    • (i) persons who are employed at the aerodrome, and

    • (ii) persons who require access to the aerodrome in the course of their employment;

  • (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and

  • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

• Marginal note:Other program requirements

  (3) The following also form part of the airport security program:

  • (a) the security official referred to in section 270;

  • (b) the aerodrome security personnel training referred to in sections 271 and 272;

  • (c) the security committee or other working group or forum referred to in section 350;

  • (d) if applicable, the multi-agency advisory committee referred to in section 353;

  • (e) if applicable, the airport security risk assessment referred to in section 354;

  • (f) if applicable, the strategic airport security plan referred to in section 359;

  • (g) the menu of additional safeguards referred to in section 365;

  • (h) the emergency plan referred to in section 367; and

  • (i) the security exercises referred to in sections 368 and 369.

Marginal note:Documentation

• 348 (1) The operator of an aerodrome must

  • (a) keep documentation related to its menu of additional safeguards and any amendment to it for at least five years;

  • (b) if applicable, keep documentation related to its airport security risk assessment and any review of it for at least five years;

  • (c) if applicable, keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and

  • (d) keep all other documentation related to its airport security program for at least two years.

• Marginal note:Ministerial access

  (2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.