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

Marginal note:Approval

358 The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

• (a) the assessment meets the requirements of section 354;

• (b) the assessment has been reviewed by an executive within the operator’s organization who is responsible for security;

• (c) the operator has considered risk information provided by its multi-agency advisory committee;

• (d) the operator has considered all available and relevant information; and

• (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

Marginal note:Strategic airport security plans

359 The operator of an aerodrome must establish a strategic airport security plan that

• (a) summarizes the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and

• (b) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment.

Marginal note:Requirement to consult

360 The operator of an aerodrome must consult its multi-agency advisory committee when the operator

• (a) establishes its strategic airport security plan; and

• (b) amends its strategic airport security plan under subsection 364(1).

Marginal note:Requirement to submit

361 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval.

Marginal note:Requirement to implement

362 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy.

Marginal note:Approval of plan

363 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if

• (a) the plan meets the requirements of section 359;

• (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security;

• (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;

• (d) the risk-management strategy is in proportion to the risks it addresses;

• (e) the operator has considered the advice of its multi-agency advisory committee;

• (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and

• (g) the plan can be implemented without compromising aviation security.

Marginal note:Amendments

• 364 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if

  • (a) the plan does not reflect the operator’s airport security risk assessment;

  • (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk;

  • (c) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or

  • (d) the operator identifies a deficiency in the plan.

• Marginal note:Documentation — risk-management strategy

  (2) If the operator of the aerodrome amends its risk-management strategy, the operator must document

  • (a) the reason for the amendment; and

  • (b) the factors that were taken into consideration in making that amendment.

• Marginal note:Documentation — strategic airport security plan

  (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must document

  • (a) the reason for the amendment; and

  • (b) the factors that were taken into consideration in making that amendment.

• Marginal note:Submission of amendment

  (4) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval.

• Marginal note:Approval

  (5) The Minister must approve an amendment if

  • (a) in the case of an amendment to the summary required under paragraph 359(a), the conditions set out in paragraphs 363(a) to (c) have been met; and

  • (b) in the case of an amendment to the risk-management strategy required under paragraph 359(b), the conditions set out in section 363 have been met.

• Marginal note:Implementation

  (6) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister.

Menu of Additional Safeguards

Marginal note:Requirement to establish

• 365 (1) The operator of an aerodrome must establish a menu of additional safeguards that are

  • (a) intended to mitigate heightened risk conditions in a graduated manner; and

  • (b) consistent with the operator’s legal powers and obligations.

• Marginal note:Menu requirements

  (2) The menu of additional safeguards must

  • (a) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions;

  • (b) allow the rapid selection of additional safeguards by activity type or location; and

  • (c) indicate the persons and organizations responsible for implementing each additional safeguard.

• Marginal note:Activity types

  (3) For the purposes of paragraphs (2)(a) and (b), the activity types must include

  • (a) access controls;

  • (b) monitoring and patrolling;

  • (c) communications; and

  • (d) other operational controls.

• Marginal note:Locations

  (4) For the purposes of paragraphs (2)(a) and (b), the locations must include

  • (a) public areas of the aerodrome;

  • (b) areas of the aerodrome that are not public areas but are not restricted areas; and

  • (c) restricted areas.

Marginal note:Requirement to submit

366 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval.

Marginal note:Approval

366.1 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if

• (a) the menu meets the requirements of section 365;

• (b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security;

• (c) the additional safeguards can be implemented rapidly and consistently;

• (d) the additional safeguards are consistent with existing rights and freedoms; and

• (e) the additional safeguards can be implemented without compromising aviation security.

Marginal note:Amendments

• 366.2 (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if

  • (a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards;

  • (b) the operator identifies a deficiency in the menu; or

  • (c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards.

• Marginal note:Requirement to consult

  (2) If applicable, the operator of the aerodrome must consult its multi-agency advisory committee when amending its menu of additional safeguards.

• Marginal note:Submission of amendment

  (3) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval.

• Marginal note:Approval

  (4) The Minister must approve the amendment if the conditions set out in section 366.1 continue to be met.

Emergency Plans

Marginal note:Plan requirements

• 367 (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

  • (a) bomb threats;

  • (b) hijackings of aircraft; and

  • (c) other acts of unlawful interference with civil aviation.

• Marginal note:Response procedures

  (2) The response procedures must

  • (a) set out in detail the actions to be taken by the employees and contractors of the operator of the aerodrome and identify the responsibilities of all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;

  • (b) include detailed procedures for the evacuation of air terminal buildings;

  • (c) include detailed procedures for the search of air terminal buildings;

  • (d) include detailed procedures for the handling and disposal of a suspected bomb; and

  • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Security Exercises

Marginal note:Operations-based security exercise

• 368 (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

  • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

• Marginal note:Equivalency

  (2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

Marginal note:Discussion-based security exercise

• 369 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and

  • (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards.

• Marginal note:Exception

  (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.

Marginal note:Notice

370 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.

Records

Marginal note:Additional safeguards

• 371 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes

  • (a) a description of the additional safeguards that were implemented;

  • (b) an evaluation of the effectiveness of those additional safeguards; and

  • (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.

• Marginal note:Emergencies

  (2) Each time an emergency referred to in subsection 367(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes

  • (a) a description of the emergency;

  • (b) an evaluation of the effectiveness of the operator’s emergency plan; and

  • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

• Marginal note:Exercises

  (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes

  • (a) an outline of the exercise scenario;

  • (b) an evaluation of the effectiveness of the exercise; and

  • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.