Aeronautics Act (R.S.C., 1985, c. A-2)

Marginal note:Relationship with regulations

• 4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.

• Marginal note:Conflict

  (2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.

Foreign Aircraft Requirements

Marginal note:Foreign aircraft requirements

4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister.

Emergency Directions

Marginal note:Emergency directions

4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting

• (a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them;

• (b) the diversion of aircraft to alternate landing sites; and

• (c) the movement of aircraft or persons at aerodromes or other aviation facilities.

Marginal note:Authorized officer may make emergency direction

4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.

Marginal note:Duration

4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.

Marginal note:Relationship with regulations and security measures

• 4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.

• Marginal note:Conflict

  (2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.

Unauthorized Disclosure

Marginal note:Unauthorized disclosure — security measures

• 4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.

• Marginal note:Court to inform Minister

  (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.

• Marginal note:Order

  (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure.

Security Clearances

Marginal note:Granting, suspending, etc.

4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.

Provision of Information

Marginal note:Definition

• 4.81 (0.1) The following definition applies in this section and in section 4.82.

  transportation security

  transportation security means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,

  • (a) loss of life or personal injury;

  • (b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or

  • (c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure. (sûreté des transports)

• Marginal note:Requirement to provide information

  (1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule

  • (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or

  • (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer.

• Marginal note:Restriction on disclosure — Department of Transport

  (2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security.

• Marginal note:Restriction on disclosure — other persons

  (3) Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to

  • (a) the Minister of Citizenship and Immigration;

  • (b) the Minister of Public Safety and Emergency Preparedness;

  • (c) the chief executive officer of the Canadian Air Transport Security Authority; and

  • (d) a person designated under subsection 4.82(2) or (3).

• Marginal note:Restriction on further disclosures

  (4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed

  • (a) in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration;

  • (b) in the case of information disclosed to the Minister of Public Safety and Emergency Preparedness, only to persons in the Canada Border Services Agency;

  • (c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and

  • (d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5).

• Marginal note:Deeming

  (5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5).

• Marginal note:Destruction of information

  (6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection.

• Marginal note:Destruction of information

  (7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection.

• Marginal note:Destruction of information

  (8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3).

• Marginal note:Application

  (9) Subsections (6) to (8) apply despite any other Act of Parliament.

• Marginal note:Amendment of schedule

  (10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.

Marginal note:Definitions

• 4.82 (1) The following definitions apply in this section.

  Commissioner

  Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)

  Director

  Director means the Director of the Canadian Security Intelligence Service. (directeur)

  warrant

  warrant means

  • (a) a warrant issued in Canada in respect of the arrest of a person for the commission of an offence that may be punishable under any Act of Parliament by imprisonment for a term of five years or more and that is specified by regulations made under subsection (20);

  • (b) a warrant issued under subsection 55(1) or 82(1) of the Immigration and Refugee Protection Act; or

  • (c) a warrant or other document issued outside Canada relating to the arrest of a person who can be extradited from Canada under subsection 3(1) of the Extradition Act. (mandat)

• Marginal note:Designation of persons

  (2) The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police.

• Marginal note:Designation of persons

  (3) The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section.

• Marginal note:Requirement to provide information

  (4) The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule

  • (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or

  • (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.

• Marginal note:Requirement to provide information

  (5) The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule

  • (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or

  • (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.

• Marginal note:Disclosure to other designated persons

  (6) Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3).

• Marginal note:Restriction on disclosure of information to other persons

  (7) A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or 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 for the purpose of complying with rules of court relating to the production of information.

• Marginal note:Disclosure to Minister and air carriers, etc.

  (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.

• Marginal note:Disclosure to Aircraft Protective Officer

  (9) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security.

• Marginal note:Urgent disclosure

  (10) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) if he or she has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person and that the person to whom the disclosure is to be made is in a position to take measures to respond to the threat and needs the information to respond. In making the disclosure the designated person may disclose information only to the extent that he or she believes the information is necessary to respond to the threat.

• (11) [Repealed before coming into force, 2008, c. 20, s. 3]

• Marginal note:Disclosure to employee of the Canadian Security Intelligence Service

  (12) A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a “threat to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act.

• Marginal note:Recording of reasons

  (13) A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed.

• Marginal note:Destruction of information

  (14) Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained.

• Marginal note:Review of information

  (15) At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. The Commissioner and the Director must each keep a record of their review.

• Marginal note:Exception

  (16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13).

• Marginal note:Application

  (17) Subsections (14) and (15) apply despite any other Act of Parliament.

• Marginal note:Right to provide information preserved

  (18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful.

• Marginal note:Right to collect information under other Acts preserved

  (19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful.

• Marginal note:Regulations

  (20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section.