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

Reporting of Security Incidents

Marginal note:Notification of Minister

• 543 (1) An air carrier must immediately notify the Minister when any of the following incidents occur:

  • (a) the hijacking or attempted hijacking of an aircraft;

  • (b) the discovery, on board an aircraft, of a weapon, other than a weapon permitted under subsections 79(2.1) to (2.4) or a weapon that the air carrier authorized under section 531, subsection 533(1) or section 533.1;

  • (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device in respect of which the air carrier was not notified in accordance with subsection 80(3), other than ammunition permitted under subsections 79(2.1) to (2.4) or ammunition that the air carrier authorized under section 533.1;

  • (d) an explosion on an aircraft, unless the explosion is known to be the result of an accident;

  • (e) a threat against an aircraft, flight, or part of an aerodrome or other aviation facility, that is under the air carrier’s control; and

  • (f) an aviation security incident that involves a peace officer in any part of an aerodrome that is under the air carrier’s control.

• Marginal note:Notification of operators of aerodromes

  (2) An air carrier must immediately notify the operator of an aerodrome when a weapon, other than a firearm permitted under subsection 78(2), is detected in any part of the aerodrome that is under the air carrier’s control.

Security Information

Marginal note:Provision to Minister

544 An air carrier must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including

• (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to the air carrier; and

• (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

Marginal note:Duty of service providers

545 A person who provides an air carrier with a service and a person who provides a service related to the transportation of accepted cargo or mail by air must provide the Minister, on reasonable notice given by the Minister, with written or electronic records or any other information relevant to the security of the air carrier’s operations, including

• (a) information concerning the method of implementing a security measure, emergency direction or interim order that applies to that person; and

• (b) a description of the nature of the operations related to a particular flight and the services provided in respect of the flight.

[546 to 616 reserved]

PART 9Reserved

[617 to 626 reserved]

PART 10Reserved

[627 to 667 reserved]

PART 11Air Cargo and Mail

Overview

Marginal note:Part overview

668 This Part sets out requirements for cargo and mail on passenger flights and all-cargo flights and supplements subsections 4.85(3) and (4) of the Act.

DIVISION 1Air Cargo

Application

Marginal note:Application

• 668.1 (1) Section 669 applies to air carriers who transport cargo on a flight that is carrying passengers or on an all-cargo flight.

• (2) Sections 670 to 686 apply to the following members of the air cargo security program who screen cargo or store, tender or transport secure cargo:

  • (a) regulated agents;

  • (b) certified agents; and

  • (c) known consignors.

Transporting Cargo by Air and Tendering Cargo for Transportation by Air

Marginal note:Requirement to screen cargo

669 Cargo that is to be transported by an air carrier on a flight that is carrying passengers or on an all-cargo flight must be screened by the air carrier for threat items in accordance with a security measure, unless the cargo was tendered to the air carrier for transportation by air as secure cargo.

Marginal note:Tendering of secure cargo — regulated agents and certified agents

670 A regulated agent or certified agent must not tender cargo for transportation by air as secure cargo unless

• (a) the regulated agent

  • (i) has screened the cargo for threat items in accordance with a security measure,

  • (ii) has restricted access to the cargo in accordance with sections 675 to 677, and

  • (iii) has ensured that the cargo was not tampered with after it was screened for threat items; or

• (b) the regulated agent or certified agent has screened it in order to verify that

  • (i) the cargo was screened for threat items in accordance with a security measure,

  • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

  • (iii) the cargo was not tampered with after it was screened for threat items.

Marginal note:Tendering of secure cargo — known consignors

671 A known consignor must not tender cargo for transportation by air as secure cargo unless the known consignor

• (a) has screened the cargo for threat items in accordance with a security measure;

• (b) has restricted access to the cargo in accordance with sections 675 to 677; and

• (c) has ensured that the cargo was not tampered with after it was screened for threat items.

Marginal note:Cargo security information

• 672 (1) A regulated agent, certified agent or known consignor must not tender cargo for transportation by air as secure cargo unless the cargo is accompanied by the information referred to in subsection (2), (3) or (4), as applicable, in paper or electronic format.

• Marginal note:Tendering by regulated agents

  (2) If the cargo is tendered by a regulated agent referred to in paragraph 670(a), the information that accompanies the cargo must include

  • (a) in the case of non-consolidated cargo

    • (i) the air waybill number or the number of a similar control document,

    • (ii) the regulated agent’s name,

    • (iii) the regulated agent’s air cargo security program number,

    • (iv) the name of the original shipper of the cargo, and

    • (v) a declaration by one of the regulated agent’s authorized cargo representatives stating that

      • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

      • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered; and

  • (b) in the case of consolidated cargo

    • (i) the air waybill number or the number of a similar control document,

    • (ii) the regulated agent’s name,

    • (iii) the regulated agent’s air cargo security program number, and

    • (iv) a declaration by one of the regulated agent’s authorized cargo representatives stating that

      • (A) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

      • (B) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (C) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

• Marginal note:Tendering by regulated agents or certified agents

  (3) If the cargo is tendered by a regulated agent or certified agent referred to in paragraph 670(b), the information that accompanies the cargo must include

  • (a) in the case of non-consolidated cargo

    • (i) the information that accompanied the cargo when the cargo was accepted by the regulated agent or certified agent,

    • (ii) the air waybill number or the number of a similar control document, and

    • (iii) the regulated agent’s or certified agent’s name,

    • (iv) the regulated agent’s or certified agent’s air cargo security program number, and

    • (v) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

      • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered;

  • (b) in the case of consolidated cargo

    • (i) the air waybill number or the number of a similar control document,

    • (ii) the regulated agent’s or certified agent’s name,

    • (iii) the regulated agent’s or certified agent’s air cargo security program number, and

    • (iv) a declaration by one of the regulated agent’s or certified agent’s authorized cargo representatives stating that

      • (A) access to the cargo was restricted in accordance with sections 675 to 677, and

      • (B) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

• Marginal note:Tendering by known consignors

  (4) If the cargo is tendered by a known consignor referred to in section 671, the information that accompanies the cargo must include

  • (a) the air waybill number or the number of a similar control document,

  • (b) the known consignor’s name,

  • (c) the known consignor’s air cargo security program number, and

  • (d) a declaration by one of the known consignor’s authorized cargo representatives stating that

    • (i) an authorized cargo representative has screened the cargo for threat items in accordance with a security measure and no threat items were found in the cargo,

    • (ii) access to the cargo was restricted in accordance with sections 675 to 677, and

    • (iii) the cargo was not tampered with between the time it was screened for threat items and the time it was tendered.

Marginal note:Accurate and complete information

673 A regulated agent, certified agent or known consignor who provides any of the information required under section 672 must ensure that the information is accurate and complete.

Screenings

Marginal note:Authority to screen

674 A person must not screen cargo unless the person is designated by the Minister or is an authorized cargo representative of the designated person.

Marginal note:Screening for threat items

• 675 (1) If a regulated agent or known consignor screens cargo for threat items in order for it to be tendered for transportation by air as secure cargo, the regulated agent or known consignor must

  • (a) conduct the screening in accordance with a security measure;

  • (b) conduct the screening in an area that the regulated agent or known consignor has designated for that purpose;

  • (c) ensure that, while the screening is being conducted, signs are in place at or near the designated area that state, in both official languages, that unauthorized access to the area is prohibited;

  • (d) control access to the designated area while the screening is being conducted to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent or known consignor has access to the area;

  • (e) take measures to detect unauthorized individuals in the designated area while the screening is being conducted;

  • (f) ensure that, while the screening is being conducted, individuals other than an authorized cargo representative of the regulated agent or known consignor do not have access to cargo in the designated area; and

  • (g) ensure that, while the screening is being conducted, cargo in the designated area is not tampered with.

• Marginal note:Authorized access

  (2) An individual who is not an authorized cargo representative of the regulated agent or known consignor is permitted in the designated area if

  • (a) the individual is acting in the course of their employment and requires access to the designated area while screenings are being conducted;

  • (b) the individual has the prior approval of the cargo security coordinator of the regulated agent or known consignor;

  • (c) the cargo security coordinator or one of the regulated agent’s or known consignor’s authorized cargo representatives verifies the identity of the individual by means of government-issued photo identification provided by the individual; and

  • (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent or known consignor.

• Marginal note:Escort limit

  (3) For the purposes of paragraph (2)(d), the regulated agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Storage and Transport Requirements

Marginal note:Storage requirements

• 676 (1) If cargo is screened in order for it to be tendered for transportation by air as secure cargo, a regulated agent, certified agent or known consignor who stores the cargo must

  • (a) store the cargo in an area that they have designated for that purpose;

  • (b) ensure that, while the cargo is stored in the designated area, signs are in place at or near the area that state, in both official languages, that unauthorized access to the area is prohibited;

  • (c) control access to the designated area while the cargo is stored in the area to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent, certified agent or known consignor has access to the area;

  • (d) take measures to detect unauthorized individuals in the designated area while the cargo is stored in the area;

  • (e) ensure that, while the cargo is stored in the designated area, individuals other than an authorized cargo representative of the regulated agent, certified agent or known consignor do not have access to cargo in the designated area; and

  • (f) ensure that the cargo is not tampered with while it is stored in the designated area.

• Marginal note:Authorized access

  (2) An individual who is not an authorized cargo representative of the regulated agent, certified agent or known consignor is permitted in the designated area if

  • (a) the individual is acting in the course of their employment and requires access to the designated area while cargo, which has been screened in order that it may be tendered for transportation by air as secure cargo, is stored in the area;

  • (b) the individual has the prior approval of the cargo security coordinator of the regulated agent, certified agent or known consignor;

  • (c) the cargo security coordinator, or one of the authorized cargo representatives of the regulated agent, certified agent or known consignor, verifies the identity of the individual by means of government-issued photo identification provided by the individual; and

  • (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent, certified agent or known consignor.

• Marginal note:Escort limit

  (3) For the purposes of paragraph (2)(d), the regulated agent, certified agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.