Marginal note:Definition
4.81 (0.1) The following definition applies in this section and in section 4.82.
transportation security
sûreté des transports
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 National Revenue;
(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 National Revenue, only to persons in the Canada Customs and Revenue 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.
- 2004, c. 15, s. 5
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