PART 1General Provisions

Interpretation

1 The definitions in this section apply in these Regulations.

accepted cargo

accepted cargo means any cargo in respect of which an air waybill or other similar control document is issued. (fret accepté)

Act

Act means the Aeronautics Act. (Loi)

aerodrome operator

aerodrome operator means

• (a) in the case of an aerodrome that is not an airport and that is used by an air carrier, the person in charge of the aerodrome, and includes an employee, an agent or a representative of the person in charge of the aerodrome;

• (b) in the case of an airport, the holder of the Canadian aviation document issued in respect of the airport or the person in charge of the airport, and includes an employee, an agent or a representative of the holder of the Canadian aviation document; and

• (c) in the case of an aerodrome or part of an aerodrome that is operated by the Minister of National Defence and used by an air carrier, the person in charge of commercial air service operations at the aerodrome. (exploitant d’un aérodrome)

Airport Restricted Area Access Clearance Security Measures

Airport Restricted Area Access Clearance Security Measures means a document of that title published by the Department of Transport on April 1, 1991, as amended from time to time. (Mesures de sûreté relatives à l’autorisation d’accès aux zones réglementées d’aéroport)

carry-on baggage

carry-on baggage means baggage and personal belongings to which a person has or will have access on board an aircraft. (bagages de cabine)

checked baggage

checked baggage means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation. (bagages enregistrés)

combination code

combination code means a series of numbers or letters, or both, that is assigned by, or under the authority of, the aerodrome operator to a person, which series, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and permits access to a restricted area. (code d’accès)

crew member

crew member means a person assigned to duty on board an aircraft during flight time. (membre d’équipage)

escort officer

escort officer means

• (a) a peace officer; and

• (b) any person authorized by the federal government or a provincial government or any of their agencies to escort a person in custody on a flight. (agent d’escorte)

firearm

firearm has the same meaning as in section 2 of the Criminal Code. (arme à feu)

incendiary device

incendiary device means an object, other than a match or pocket lighter, that is fabricated with combustible materials and designed to cause fire damage to property or inflict burn injuries on individuals. (engin incendiaire)

key

key means a device, including a card, that is designed to allow for entry to a restricted area and is issued by, or under the authority of, the aerodrome operator to an individual. (clé)

Minister

Minister means the Minister of Transport. (ministre)

operator of an aircraft

operator of an aircraft means the person who has possession of the aircraft as owner, lessee or otherwise. (utilisateur d’un aéronef)

peace officer

peace officer means

• (a) a member of the Correctional Service of Canada who is designated as a peace officer under Part I of the Corrections and Conditional Release Act and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act;

• (b) a member of the Royal Canadian Mounted Police and a police officer, police constable or any person who is designated by the Solicitor General, the Commissioner of the Royal Canadian Mounted Police or a provincial minister as a peace officer for the purpose of the preservation and maintenance of the public peace at an aerodrome; and

• (c) an immigration officer who is enforcing any provision of the Immigration and Refugee Protection Act or any regulations, warrant, order or direction made under the Immigration and Refugee Protection Act respecting the arrest, detention or removal from Canada of any person. (agent de la paix)

personal identification code

personal identification code means a series of numbers or letters, or both, that is chosen by a person or assigned by, or under the authority of, the aerodrome operator to a person, which series, when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and permits access to a restricted area. (code d’identification personnel)

restricted area

restricted area means any area of an aerodrome that is identified as an area to which access is restricted to authorized persons. (zone réglementée)

restricted area access point

restricted area access point means a point in a security barrier at which an access control system is in place that controls access to a restricted area from a non-restricted area. (point d’accès aux zones réglementées)

restricted area pass

restricted area pass means a document issued by or under the authority of an aerodrome operator or by an air carrier with the approval of the aerodrome operator that entitles the holder to have access to a specific restricted area during a specified period. (laissez-passer de zone réglementée)

screening

screening means the checking, identification, observation, inspection or authorized search of persons, goods and other things in the possession or control of persons who are screened and vehicles under the care or control of persons who are screened to prevent the carrying or transport, contrary to these Regulations, of weapons, explosive substances, incendiary devices or their components or other dangerous items that could be used to jeopardize the security of an aerodrome or aircraft. (contrôle)

screening authority

screening authority means a person responsible for screening persons, goods and other things in the possession or control of persons who are screened and vehicles under the care or control of persons who are screened under an order made under subsection 3(1). (administration de contrôle)

security barrier

security barrier means a physical structure or natural feature used to prevent or deter access by unauthorized persons to a restricted area. (enceinte de sûreté)

weapon

weapon has the same meaning as in section 2 of the Criminal Code. (arme)

Application

• 2 (1) Parts 1 to 4 apply to

  • (a) persons at an aerodrome;

  • (b) persons on board an aircraft;

  • (c) persons who provide services to an air carrier that are related to the transportation by air of passengers or goods;

  • (d) air carriers;

  • (e) aerodrome operators serving air carriers;

  • (f) screening authorities; and

  • (g) screening officers.

• (2) Part 4 also applies to operators of aircraft who are not air carriers.

Security Measures

• 3 (1) Under subsection 4.3(2) of the Act, the Minister is authorized to make orders with respect to aviation security for the purposes referred to in subsection 4.7(2) of the Act, including orders prescribing security measures, applicable to

  • (a) aerodrome operators serving air carriers;

  • (b) air carriers;

  • (c) persons who provide services to an air carrier that are related to the transportation by air of passengers or goods;

  • (d) persons who carry on a commercial activity or provide a service at an aerodrome;

  • (e) screening authorities; and

  • (f) screening officers.

• (2) The Minister must not make an order referred to in subsection (1) after the day on which these Regulations come into force before undertaking consultations with interested persons concerning the proposed order.

• (3) Subsection (2) does not apply if the order is urgently required to ensure civil aviation security or the safety of the public.

  SOR/2002-188, s. 3; SOR/2004-16, s. 2.

• (4) Repealed,

  • SOR/2004-16, s. 2]

4 In addition to the security measures that apply to an aerodrome operator under subsection 3(1), the aerodrome operator of an airport set out in Annex A to the Airport Restricted Area Access Clearance Security Measures must establish, maintain and carry out the security measures set out in that publication.

PART 2Aviation Security

Screening of Persons, Goods, Things and Vehicles

5 For the purposes of section 4.7 of the Act, an authorized search is a search carried out by a screening officer during the screening of persons and goods, other things in the possession or control of persons who are screened and vehicles under the care or control of persons who are screened.

6 A screening authority must ensure that any person who acts or will act as a screening officer for it or on its behalf meets the minimum standards set out in the Designation Standards for Screening Officers, published by the Department of Transport and dated January 2000, as amended from time to time.

• 7 (1) A screening officer must not conduct an authorized search of persons, goods or other things in the possession or control of persons who are screened or vehicles under the care or control of persons who are screened unless the screening officer meets the minimum standards set out in the Designation Standards for Screening Officers, published by the Department of Transport and dated January 2000, as amended from time to time.

• (2) A screening authority must not permit a screening officer to conduct an authorized search for it or on its behalf unless the screening officer meets the minimum standards set out in the Designation Standards for Screening Officers, published by the Department of Transport and dated January 2000, as amended from time to time.

8 An air carrier must not transport a person or goods that must be screened in accordance with an order made under subsection 3(1), unless the person or goods have been screened in accordance with that order.

9 At the airports that are set out in the schedule and at all other aerodromes where there is a significant demand from at least 5 per cent of the travelling public for services in either official language within the meaning of the Official Languages (Communications with and Services to the Public) Regulations, a screening authority must

• (a) carry out screening by means that effectively enable communication with members of the public in the official language of their choice; and

• (b) provide printed or pre-recorded material in both official languages if the material is used in respect of screening.

10 A person who refuses to submit to an authorized search of their person or goods or other things in their possession or control, or a vehicle under their care or control when requested to do so by a screening officer must not enter into or remain inside a restricted area.

• 11 (1) A person who must be screened under an order made under subsection 3(1) must not circumvent a screening of their person or goods or other things in their possession or control or a vehicle under their care or control or assist another person who must be screened in circumventing a screening of that person or goods or other things in that person’s possession or control or a vehicle under that person’s care or control.

• (2) A person who does not need to be screened under an order made under subsection 3(1) must not assist another person who must undergo a screening of their person or goods or other things in their possession or control or a vehicle under their care or control in circumventing screening.

• 12 (1) Subject to subsections (2) and (3), a person must not submit to a screening of their person, their carry-on baggage or other things in their possession or control or a vehicle under their care or control while carrying a weapon, an explosive substance or an incendiary device.

• (2) A person referred to in section 25, 27 or 28 may submit to a screening of their person, their carry-on baggage or other things in their possession or control or a vehicle under their care or control while carrying a weapon, a firearm or ammunition.

• (3) A person referred to in subsection 29(1) may submit to a screening of their person or things in their possession or control or a vehicle under their care or control while carrying an explosive substance or an incendiary device.

13 A person who is at an aerodrome or on board an aircraft must not falsely declare that

• (a) they are carrying a weapon, an explosive substance, an incendiary device or other dangerous item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods or other things in their possession or control or in a vehicle under their care or control that they have tendered or are tendering for screening or transportation; or

• (b) another person who is at the aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or other dangerous item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods or other things in that person’s possession or control or in a vehicle under their care or control and is being tendered or has been tendered for screening or transportation.

Sale, Carriage and Transportation of Weapons, Explosive Substances and Incendiary Devices

14 A person must not sell or offer for sale in a restricted area a weapon, a model or replica of a weapon, an explosive substance or an incendiary device.

• 15 (1) Subject to section 19, subsections 25(1) and 27(2) and section 28, a person must not carry, transport or have access to a weapon at an aerodrome.

• (2) Subject to subsections 25(2) and 27(1), a person must not carry or have access to a weapon on board an aircraft.

• (3) Subject to subsections 29(1) and (2), a person must not carry, transport or have access to an explosive substance or incendiary device at an aerodrome.

• (4) A person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.

• 16 (1) Subject to subsections 25(2) and 27(1), an air carrier must not allow a person who is on board an aircraft to have access to a weapon.

• (2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device.

• 17 (1) A person must not transport or tender for transportation by an air carrier goods that contain a loaded firearm.

• (2) Subject to subsection 29(3), a person must not transport or tender for transportation by an air carrier goods that contain an explosive substance, other than ammunition, or an incendiary device.

• 18 (1) An air carrier must not knowingly allow a person to transport goods that contain a loaded firearm.

• (2) Subject to subsection 29(3), an air carrier must not knowingly allow a person to transport goods that contain an explosive substance, other than ammunition, or an incendiary device.

19 A person may carry or have access to an unloaded firearm at an aerodrome for the purpose of transporting it by air as checked baggage or accepted cargo.

20 A person may tender, to an air carrier for subsequent acceptance and transportation, baggage or cargo that contains an unloaded firearm if the person declares to the air carrier that the firearm is unloaded.

21 An air carrier may allow a person who has complied with section 20 to transport checked baggage or accepted cargo that contains an unloaded firearm.

22 An air carrier that transports an unloaded firearm that is contained in checked baggage or accepted cargo must store the firearm in the aircraft so that it is not accessible to any person on board the aircraft other than crew members.

• 23 (1) A peace officer referred to in subsection 25(2) who carries or has access to a firearm on board an aircraft must not consume any alcoholic beverage.

• (2) An employee referred to in subsection 27(1) who has access to a firearm on board an aircraft must not consume any alcoholic beverage.

24 An air carrier must not provide any alcoholic beverage to a person who carries or has access to a firearm on board an aircraft.

• 25 (1) A peace officer may carry or have access to a weapon at an aerodrome while in the performance of duties.

• (2) An air carrier may allow a peace officer to carry or have access to an unloaded firearm on board an aircraft if

  • (a) the officer, while in the performance of the officer’s duties, requires access to the firearm immediately before, during or immediately after the flight;

  • (b) the officer informs the air carrier, at least two hours before the aircraft leaves the aerodrome or, in an emergency as soon as possible before the departure of the flight, that a firearm will be on board;

  • (c) the officer shows a representative of the air carrier identification issued by the organization employing the peace officer that consists of the peace officer’s full facial picture and signature and the signature of an authorized representative of the organization employing the peace officer and completes the form used by the air carrier to authorize the carriage of firearms on board an aircraft; and

  • (d) the air carrier verifies the identification referred to in paragraph (c) before the peace officer

    • (i) enters a restricted area from which the peace officer may board the aircraft, or

    • (ii) boards the aircraft, if the aerodrome does not have a restricted area from which the peace officer may board the aircraft.

• 26 (1) If a peace officer needs to carry or have access to a firearm on board an aircraft, the air carrier must, before departure, inform

  • (a) the pilot-in-command of the aircraft by means of the form referred to in paragraph 25(2)(c); and

  • (b) subject to subsection (2), the screening authority, the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft.

• (1.1) The screening authority must inform all the screening officers with whom the peace officer will have contact that the peace officer is carrying or will have access to a firearm on board the aircraft.

• (2) If a peace officer who is carrying or has access to a firearm on board an aircraft is engaged in an undercover operation and requests that the air carrier not reveal the officer’s presence to any person other than the pilot-in-command on board the aircraft, the air carrier must not reveal the presence of the peace officer.

• 27 (1) An air carrier may allow the pilot-in-command of an aircraft or an employee of a federal or provincial department or agency that is engaged in wildlife control to have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes.

• (2) A pilot-in-command of an aircraft or an employee of a federal or provincial department or agency that is engaged in wildlife control may carry or have access to an unloaded firearm at an aerodrome if the firearm will be transported in accordance with subsection (1).

28 A person, other than a peace officer, who holds a licence to carry a firearm that is issued under the laws of Canada may carry or have access to a firearm at an aerodrome if the person is engaged

• (a) in the protection of persons or property at the aerodrome; or

• (b) by the aerodrome operator for the control of animals at the aerodrome.

• 29 (1) An aerodrome operator may allow a person to carry or have access to explosive substances or incendiary devices at an aerodrome if

  • (a) the explosive substances or incendiary devices are to be used at the aerodrome

    • (i) for excavation, demolition or construction,

    • (ii) in fireworks displays,

    • (iii) by persons operating explosives detection equipment or handling explosive detection dogs,

    • (iv) by a police service, or

    • (v) by military personnel; and

  • (b) the aerodrome operator has reasonable grounds to believe that the safety of the aerodrome and persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substances or incendiary devices at the aerodrome.

• (2) A person who is transporting explosive substances or incendiary devices or tendering them for transportation by an air carrier may have access to them at an aerodrome.

• (3) A person may transport or tender for transportation by an air carrier on board an aircraft explosive substances or incendiary devices if the person notifies the air carrier before the explosive substances or incendiary devices arrive at the aerodrome.

Persons in the Custody of an Escort Officer

• 30 (1) In this section, organization responsible for the person in custody does not include a person or an organization that provides escort officer services under a contract for remuneration. (organisme responsable de la personne sous garde)

• (2) An air carrier must not transport a person in the custody of an escort officer on board an aircraft unless

  • (a) the organization responsible for the person in custody has provided to the air carrier a written confirmation that the organization has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the air carrier and aerodrome operations and the travelling public;

  • (b) the air carrier and the organization responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number must be at least

    • (i) two escort officers to escort each person who is a maximum risk,

    • (ii) one escort officer to escort each person who is a medium risk, and

    • (iii) one escort officer to escort not more than two persons who are a minimum risk;

  • (c) the person in custody is escorted by the agreed number of escort officers;

  • (d) the organization responsible for the person in custody has given a written notice to the air carrier at least two hours or, in an emergency as soon as possible, before the departure of the flight, stating

    • (i) the identity of the escort officer and the person in custody and the reasons why the person requires an escort,

    • (ii) the level of risk that the person in custody represents to the safety of the public, and

    • (iii) the flight on which the person in custody will be transported;

  • (e) the escort officer shows a representative of the air carrier identification issued by the organization responsible for the person in custody or the organization employing the escort officer that consists of the escort officer’s full facial picture and signature and the signature of an authorized representative of the organization and completes the form used by the air carrier to authorize the transportation of the person in custody; and

  • (f) the air carrier verifies the identification required by paragraph (e) before the escort officer

    • (i) enters a restricted area from which the escort officer may board the aircraft, or

    • (ii) boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft.

• (3) An escort officer must not escort a person in custody on board an aircraft unless the escort officer

  • (a) provides the aerodrome operator with a copy of the written notice referred to in paragraph (2)(d) at least two hours or, in an emergency as soon as possible, before the departure of the flight; and

  • (b) shows a representative of the air carrier the identification referred to in paragraph (2)(e).

• (4) An air carrier that transports a person in custody who is a maximum risk to the public must not transport any other person in custody on board the aircraft.

• 31 (1) An escort officer who is a peace officer and escorts a person in custody during a flight must

  • (a) remain with the person at all times;

  • (b) immediately before boarding the aircraft, search the person in custody and their carry-on baggage for weapons or other items that could be used to jeopardize flight safety;

  • (c) search the area surrounding the aircraft seat assigned to the person in custody for weapons or other items that could be used to jeopardize flight safety; and

  • (d) carry restraining devices that can be used to restrain the person, if necessary.

• (2) If an escort officer who is not a peace officer escorts a person in custody, the air carrier must, immediately before the person boards the aircraft, cause an authorized search of the person in custody and their carry-on baggage to be conducted for weapons or other items that could be used to jeopardize flight safety.

• (3) An escort officer who is not a peace officer and who escorts a person in custody during a flight must

  • (a) remain with the person at all times;

  • (b) ensure that an authorized search of the person and their carry-on baggage for weapons or other items that could be used to jeopardize flight safety is conducted before the escort officer and the person

    • (i) enter a restricted area from which they may board the aircraft, or

    • (ii) board the aircraft, if the aerodrome does not have a restricted area from which they may board the aircraft;

  • (c) search the area surrounding the aircraft seat assigned to the person in custody for weapons or other items that could be used to jeopardize flight safety; and

  • (d) carry restraining devices that can be used to restrain the person, if necessary.

32 A person in custody and the escort officer who is escorting the person must not consume any alcoholic beverage on board an aircraft.

33 An air carrier must not provide any alcoholic beverage to a person in custody or to the escort officer who is escorting the person on board an aircraft.

34 An air carrier must not allow a person in custody to be seated adjacent to an exit on an aircraft.

PART 3Aerodrome Security

Interpretation

34.1 For greater certainty, nothing in this Part

• (a) limits access to a restricted area by a person who is authorized by the Minister to carry out an inspection under section 8.7 of the Aeronautics Act and who presents their official credentials, bearing their name and photograph; or

• (b) requires a person who is authorized by the Minister to carry out an inspection under section 8.7 of the Aeronautics Act to have a restricted area pass or other authorization issued by an aerodrome operator in order to have access to a restricted area to carry out an inspection.

Identification of Restricted Areas

• 35 (1) The aerodrome operator of an aerodrome set out in Annex A to the Airport Restricted Area Access Clearance Security Measures must post signs on each security barrier, in at least both official languages, that identify each restricted area and state that entry is restricted to authorized persons.

• (2) The signs posted on each security barrier must be no more than 150 m apart.

36 Any sign that, in accordance with an order made under subsection 3(1), identifies a restricted area at an aerodrome is considered to have been posted by the aerodrome operator.

Control of Access to Restricted Areas

37 A person must not provide false information for the purpose of obtaining a restricted area pass, key, combination code or personal identification code or a clearance granted by the Minister.

38 A person must not use a restricted area pass, key, combination code or personal identification code except while in the performance of their duties.

39 A person must not enter a restricted area at an airport at which the Airport Restricted Area Access Clearance Security Measures apply unless

• (a) a restricted area pass has been issued to the person for access to the restricted area and, if applicable, the person is subject to the security controls set out in that document; or

• (b) the person is authorized by the aerodrome operator to have access to the restricted area in accordance with an order made under subsection 3(1).

40 A person must not

• (a) provide access to a restricted area to any other person who does not have a restricted area pass in their possession for the restricted area; or

• (b) assist any other person who does not have a restricted area pass in their possession for the restricted area to enter that restricted area.

41 A person must not enter or remain in a restricted area unless the restricted area pass issued to the person is visibly displayed on the person’s outer clothing.

• 42 (1) No person

  • (a) other than the aerodrome operator or a person designated by the aerodrome operator, may make a copy of a key;

  • (b) may loan or give a restricted area pass or a key that was issued to one person to another person;

  • (c) may alter or otherwise modify a restricted area pass or key;

  • (d) may have or use a restricted area pass or a key that was issued to another person;

  • (e) may use a counterfeit restricted area pass; or

  • (f) may make or reproduce a copy of a restricted area pass.

• (2) No person

  • (a) other than the aerodrome operator or a person designated by the aerodrome operator, may

    • (i) disclose a combination code, or

    • (ii) use a combination code that was assigned to another person;

  • (b) may disclose a personal identification code; or

  • (c) may use another person’s personal identification code.

• 43 (1) A person to whom a restricted area pass or a key has been issued must immediately report its loss or theft to the aerodrome operator or the person who issued it.

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

• 44 (1) The holder of a restricted area pass or a key must return it to the aerodrome operator or the person who issued it when

  • (a) the holder ceases to work at an aerodrome;

  • (b) the holder’s airport restricted area access clearance has been denied, suspended, revoked or cancelled or has expired; or

  • (c) the holder otherwise ceases to require access to the restricted areas for which the pass or key was issued.

• (2) When a restricted area pass or a key is returned to an employer, the employer must immediately give it to the aerodrome operator.

45 A person must surrender on demand a key or a restricted area pass in their possession to the aerodrome operator, the person who issued it, a peace officer or the Minister.

45.1 The holder of a restricted area pass who is being screened by a screening officer at a restricted area access point or at a location inside a restricted area must, on demand, present the restricted area pass to the screening officer making the demand.

45.2 The holder of a restricted area pass who refuses to submit to an authorized search of their person or goods or other things in their possession or control or a vehicle under their care or control when requested to do so by a screening officer must, on demand, surrender the restricted area pass to the screening officer making the demand.

• 46 (1) The aerodrome operator and any person designated by the aerodrome operator to issue restricted area passes or keys must

  • (a) keep at the aerodrome a record of the passes and keys that have been issued for use at the aerodrome, the passes and keys that remain in their possession and the names of the persons and the organizations that have been issued passes and keys; and

  • (b) provide the record to the Minister on reasonable notice given by the Minister.

• (2) The aerodrome operator and any person designated by the aerodrome operator to administer combination codes and personal identification codes must

  • (a) keep at the aerodrome a record of the names of the persons and organizations that have combination codes or personal identification codes; and

  • (b) provide the record to the Minister on reasonable notice given by the Minister.

• 47 (1) A person who is being escorted in accordance with the Airport Restricted Area Access Clearance Security Measures must remain with the escort while in a restricted area.

• (2) A person who is an escort in accordance with the Airport Restricted Area Access Clearance Security Measures must remain with the person being escorted while in a restricted area.

• (3) The person who appoints an escort must

  • (a) inform the escort of the requirement to remain with the person being escorted in a restricted area; and

  • (b) ensure that the escort remains with the person being escorted in a restricted area.

• 48 (1) A tenant at an aerodrome must close and lock any door other than an emergency exit, gate or other device, if

  • (a) the tenant has control of and responsibility for the door, gate or other device; and

  • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

• (2) A tenant at an aerodrome must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area if

  • (a) the tenant has control of and responsibility for the emergency exit; and

  • (b) the emergency exit allows access between a restricted area and a non-restricted area.

• 49 (1) An aerodrome operator must close and lock any door other than an emergency exit, gate or other device, if

  • (a) the aerodrome operator has control of and responsibility for the door, gate or other device; and

  • (b) the door, gate or other device allows access between a restricted area and a non-restricted area.

• (2) An aerodrome operator must institute a system, on or near an emergency exit, that prevents access by unauthorized persons to a restricted area if

  • (a) the aerodrome operator has control of and responsibility for the emergency exit; and

  • (b) the emergency exit allows access between a restricted area and a non-restricted area.

50 Any person who has temporary use or control of a door, gate or other device that allows access between a restricted area and a non-restricted area must prevent access to or from the restricted area by unauthorized persons.

51 Unless an authorized person is controlling access between a restricted area and an unrestricted area, a person who enters or leaves the restricted area must

• (a) lock the door, gate or other device that allows access to or from the restricted area; and

• (b) prevent access to or from the restricted area by unauthorized persons while the door, gate or other device is open or unlocked.

52 A person must not prevent a door, gate or other device, other than an emergency exit, that allows access between a restricted area and a non-restricted area from being locked.

53 A person must not open any door that is designated as an emergency exit and allows access to a restricted area unless

• (a) the emergency exit is a restricted area access point; or

• (b) there is an emergency.

Trespassing

• 54 (1) Subject to subsection (2), a person must not enter or remain in any part of an aerodrome that is not a public area if the person has been given notice orally, in writing or by a sign that trespassing is prohibited or that entry is limited to authorized persons.

• (2) An aerodrome operator or a tenant at an aerodrome who has the use of, or is responsible for a part of an aerodrome that is not a public area may allow a person to enter or remain in that part of the aerodrome if

  • (a) the area is not a restricted area; and

  • (b) the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

PART 4Response to Threats and Information Reporting

Response to Threats

• 55 (1) An air carrier that is made aware of a threat against an aircraft or a flight must immediately determine whether there is a specific threat that jeopardizes the security of the aircraft or flight.

• (2) An operator of an aircraft, other than an air carrier, who is made aware of a threat against an aircraft or a flight must immediately determine whether the threat jeopardizes the security of the aircraft or flight.

• 56 (1) An air carrier that determines that there is a specific threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

  • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the aerodrome operator and the appropriate police service of the nature of the threat;

  • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the aerodrome operator; and

  • (c) inspecting the aircraft and causing an authorized search of the passengers and goods on board the aircraft to be conducted, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members.

• (2) An operator of an aircraft, other than an air carrier, who determines that there is a threat that jeopardizes the security of an aircraft or flight must immediately take all of the measures necessary to ensure the safety of the aircraft and the passengers and crew on board the aircraft, including

  • (a) informing the pilot-in-command, the crew members assigned to the aircraft or flight, the aerodrome operator and the appropriate police service of the nature of the threat;

  • (b) if the aircraft is on the ground, moving it to a place of safety at the aerodrome according to the directions of the aerodrome operator; and

  • (c) inspecting the aircraft and causing a search of the passengers and goods on board the aircraft, unless the inspection and search are likely to jeopardize the safety of the passengers and crew members.

• (3) If the aircraft is on the ground, the pilot-in-command must comply with any direction given by the aerodrome operator under paragraph (1)(b) or (2)(b) or a member of the appropriate police service, unless complying with the direction is likely to jeopardize the safety of the passengers and crew members.

• 57 (1) An air carrier that is made aware of a threat against a facility or part of an aerodrome under its control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or part of the aerodrome.

• (2) An operator of an aircraft, other than an air carrier, that is made aware of a threat against a facility or part of an aerodrome under its control must immediately determine whether the threat jeopardizes the security of the facility or part of the aerodrome.

• 58 (1) An air carrier that determines that there is a specific threat that jeopardizes the security of a facility or part of an aerodrome under its control must immediately take all of the measures necessary to ensure the safety of the facility or part of the aerodrome and persons at the facility or aerodrome, including informing the aerodrome operator and the appropriate police service of the threat.

• (2) An operator of an aircraft, other than an air carrier, that determines that a threat jeopardizes the security of a facility or part of an aerodrome under its control must immediately take all of the measures necessary to ensure the safety of the facility or aerodrome and persons at the facility or aerodrome, including informing the aerodrome operator and the appropriate police service of the threat.

59 An aerodrome operator who is made aware of a threat against a facility or part of the aerodrome under its control must immediately determine whether there is a specific threat that jeopardizes the security of the facility or part of the aerodrome.

60 An aerodrome operator who determines that there is a specific threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

61 An aerodrome operator who is made aware of a threat against a facility or part of the aerodrome that is under the control of a person carrying on any activity at the aerodrome, other than the aerodrome operator, must immediately

• (a) notify the person of the nature of the threat; and

• (b) determine whether there is a specific threat that jeopardizes the security of the aerodrome.

62 When a screening authority or any other person carrying on any activity at an aerodrome is made aware of a threat against the aerodrome, they must

• (a) immediately notify the aerodrome operator of the nature of the threat; and

• (b) assist the aerodrome operator in determining whether there is a specific threat that jeopardizes the security of the aerodrome.

63 If it is determined under paragraph 61(b) or 62(b) that there is a specific threat that jeopardizes the security of the aerodrome, the aerodrome operator must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat.

Reporting of Security Incidents

• 64 (1) An air carrier must immediately notify the Minister when the following incidents occur, namely,

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

  • (b) the discovery, on board an aircraft, of a weapon, other than an unloaded firearm allowed under subsections 25(2) and 27(1);

  • (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device, other than an explosive substance or incendiary device allowed on board the aircraft under subsection 29(3);

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

  • (e) a specific threat against an aircraft, a flight or a facility or part of an aerodrome under its control; or

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

• (2) An air carrier must immediately notify the aerodrome operator when a weapon other than a firearm allowed under section 19, subsection 25(1) or 27(2) or section 28 is detected in any part of the aerodrome under its control.

65 An aerodrome operator must immediately notify the Minister when the following incidents occur, namely,

• (a) the discovery, at the aerodrome, of a weapon, other than an unloaded firearm allowed under section 19, subsections 25(1) and 27(2) and section 28;

• (b) the discovery, at the aerodrome, of an explosive substance or an incendiary device, other than an explosive substance or incendiary device allowed under subsections 29(1) and (2);

• (c) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition, construction or the use of fireworks displays;

• (d) a specific threat against the aerodrome; or

• (e) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control.

• 65.1 (1) A screening authority must immediately notify the appropriate air carrier, the aerodrome operator, the appropriate police service and the Minister if any of the following is detected at a restricted area access point or any other part of an aerodrome where screening of persons, carry-on baggage or other things in their possession or control, or vehicles under their care and control, is conducted:

  • (a) a weapon, other than a weapon allowed under subsection 25(1) or a firearm allowed under subsection 25(2) or section 27 or 28;

  • (b) an explosive substance, other than

    • (i) ammunition carried by a person allowed to carry or have access to a weapon or firearm under section 25, 27 or 28, or

    • (ii) an explosive substance allowed under subsection 29(1); or

  • (c) an incendiary device, other than an incendiary device allowed under subsection 29(1).

• (2) A screening authority must immediately notify the appropriate air carrier, the aerodrome operator, the appropriate police service and the Minister when any of the following is detected in checked baggage:

  • (a) a loaded firearm;

  • (b) an explosive substance, other than ammunition; or

  • (c) an incendiary device.

• (3) A screening authority must immediately notify the appropriate air carrier, the aerodrome operator and the Minister of any other aviation security incident that involves a peace officer at a restricted area access point or in any other part of an aerodrome where it conducts screening.

Security Information

66 An air carrier must provide to the Minister, on reasonable notice given by the Minister, written or electronic records or other information relevant to the security of its operations, including

• (a) information concerning the method of implementing the security measures that apply to the air carrier under subsection 3(1); and

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

67 Persons who provide services to an air carrier and persons who provide a service related to the transportation of accepted cargo or mail by air, must provide to the Minister, on reasonable notice given by the Minister, written or electronic records or other information relevant to the security of the air carrier’s operations, including

• (a) information concerning the method of implementing the security measures that apply to those persons under subsection 3(1); and

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

67.1 A screening authority must provide to the Minister, on reasonable notice given by the Minister, written or electronic records or other information relevant to the security of its screening operations, including

• (a) information concerning the method of implementing the security measures that apply to it under subsection 3(1); and

• (b) a description of the nature of the screening operations related to a particular flight or at a particular aerodrome.

• 68 (1) An aerodrome operator must keep at the aerodrome a current scale map of the aerodrome that identifies the restricted areas, security barriers and restricted area access points.

• (2) The aerodrome operator must provide to the Minister, on reasonable notice given by the Minister, written or electronic records or other information relevant to the security of the aerodrome, including

  • (a) information concerning the method of implementing the security measures that apply to the aerodrome operator under subsection 3(1); and

  • (b) a copy of the scale map referred to in subsection (1).

• (3) The aerodrome operator must provide to the Minister written notice of any new commercial air service that is to begin at the air terminal building.

Aerodrome Security Committee

69 The aerodrome operator must establish an aerodrome security committee to advise on the development of security measures to be carried out at the aerodrome and to coordinate their implementation.

PART 5Repeals and Coming into Force

Repeals

70 The Aerodrome Security RegulationsFootnote ¹ are repealed.

• Return to footnote ¹SOR/87-452

71 The Air Carrier Security RegulationsFootnote ² are repealed.

• Return to footnote ²SOR/87-707

Coming Into Force

72 These Regulations come into force on the day on which they are registered.