Secure Air Travel Regulations (SOR/2015-181)

No Information from Minister

Marginal note:No information from Minister

• 2.8 (1) This section applies if, at the start of the period during which persons can check in for a domestic flight or international flight, the air carrier has not received information from the Minister about a person who is expected to be on board the aircraft.

• Marginal note:Self-service machine or Internet

  (2) The air carrier must not allow the person to obtain a boarding pass for the flight in question at a self-service machine or from the Internet.

• Marginal note:Duty to contact

  (3) If the person presents themselves at the check-in desk, the air carrier must not issue a boarding pass to the person unless the air carrier has contacted the Minister of Transport by telephone and been informed that a direction will not be made under subsection 9(1) of the Act — other than under paragraph 9(1)(b) — in respect of the person.

Verification of Identity

Marginal note:Boarding gate — domestic flight

• 3 (1) Subject to subsection (2), an air carrier must, at the boarding gate for a domestic flight, verify the identity of each passenger who appears to be 18 years of age or older using

  • (a) one piece of valid photo identification issued by a government authority in Canada that shows the passenger’s surname, first name and any middle names and their date of birth, except any document, however described and regardless of format, issued by a government authority for the purposes of fishing, hunting or boating;

  • (b) one of the following pieces of photo identification issued by a government authority that shows the passenger’s surname, first name and any middle names and their date of birth and that is valid:

    • (i) a passport issued by the country of which the passenger is a citizen or a national,

    • (ii) a NEXUS card,

    • (iii) a permanent resident card issued by the United States,

    • (iv) an enhanced driver’s license issued in the United States,

    • (v) any document referred to in subsection 50(1) or 52(1) of the Immigration and Refugee Protection Regulations;

  • (c) two pieces of valid identification that are issued by a government authority in Canada — at least one of which shows the passenger’s surname, first name and any middle names and their date of birth — except any document, however described and regardless of format, issued by a government authority for the purposes of fishing, hunting or boating; or

  • (d) a valid restricted area identity card, as defined in section 3 of the Canadian Aviation Security Regulations, 2012.

• Marginal note:Alternative identification — loss or theft

  (2) In the event that a passenger’s identity cannot be verified in accordance with subsection (1) because of the loss or theft of one or more pieces of their identification, the air carrier may verify their identity using other pieces of valid identification such as their employee identity card, public transit pass or baptismal certificate if the passenger presents the identification in conjunction with documentation issued by a government authority or a police service that attests to the loss or theft.

Marginal note:Boarding gate — international flight

4 An air carrier must, at the boarding gate for an international flight, verify the identity of each passenger who appears to be 18 years of age or older using

• (a) one of the following pieces of photo identification issued by a government authority that shows the passenger’s surname, first name and any middle names, their date of birth and gender and that is valid:

  • (i) a passport issued by the country of which the passenger is a citizen or a national,

  • (ii) a NEXUS card,

  • (iii) any document referred to in subsection 50(1) or 52(1) of the Immigration and Refugee Protection Regulations; or

• (b) a valid restricted area identity card, as defined in section 3 of the Canadian Aviation Security Regulations, 2012.

Marginal note:Verification of identity

• 4.1 (1) The air carrier must carry out each verification referred to in section 3 or 4 by

  • (a) comparing the surname, first name and any middle names on the passenger’s boarding pass with their identification; and

  • (b) if the passenger presents a piece of photo identification, comparing the passenger’s entire face with the face displayed in the photograph.

• Marginal note:Significant discrepancy

  (2) If there is a significant discrepancy between the surname, first name or any middle names on the identification presented by the passenger and the surname, first name or any middle names on their boarding pass, the air carrier must immediately inform the Minister using the electronic communication system referred to in subsection 2.5(1).

5 [Repealed, SOR/2019-325, s. 7]

6 [Repealed, SOR/2019-325, s. 8]

Marginal note:Prohibition — transporting passenger

• 7 (1) It is prohibited for an air carrier to transport a passenger if

  • (a) the passenger presents a piece of photo identification and does not resemble the photograph; or

  • (b) [Repealed, SOR/2019-325, s. 9]

  • (c) [Repealed, SOR/2019-325, s. 9]

  • (d) the passenger presents more than one form of identification and there is a significant discrepancy between those forms of identification.

• Marginal note:Exception

  (2) Despite paragraph (1)(a), an air carrier may transport a passenger who presents a piece of photo identification but does not resemble the photograph if

  • (a) the passenger’s appearance changed for medical reasons after the photograph was taken and the passenger presents the air carrier with a document signed by a health care professional that attests to that fact; or

  • (b) the passenger’s face is bandaged for medical reasons and the passenger presents the air carrier with a document signed by a health care professional that attests to that fact.

8 [Repealed, SOR/2019-325, s. 10]

Marginal note:Prohibition

9 It is prohibited for an air carrier to transport a person

• (a) about whom the Minister has been informed under subsection 4.1(2), unless the Minister of Transport has informed the air carrier that a direction will not be made in respect of that person under subsection 9(1) of the Act;

• (b) about whom a direction has been made, unless the air carrier has complied with the direction.

Interruption of the Electronic Communications System

Marginal note:Duty to inform

10 An air carrier and the Minister must inform each other of any interruption of their respective electronic communications systems referred to in subsection 2.5(1)

• (a) in the case of a planned system interruption, as soon as feasible in advance of the scheduled date of the interruption and in writing; and

• (b) in the case of an unplanned system interruption, immediately after they become aware of the interruption.

Marginal note:Electronic system interruption — check-in

10.1 In the event of an interruption of an air carrier’s or the Minister’s electronic communications system, the air carrier must, at the time of check-in for a flight, refer to the most recent information received from the Minister about any person who is expected to be on board the aircraft before issuing a boarding pass to that person.

Marginal note:Duty to provide information

10.11 In the circumstances referred to in section 10.1, the air carrier must, at the time of check-in of each person who is expected to be on board the aircraft, immediately provide to the Minister of Transport, about the person, the information referred to in paragraphs 6(2)(a) to (c) of the Act — and the information referred to in paragraphs 2.3(a) to (g) and (i) of these Regulations that is in the air carrier’s control — if

• (a) no information has been received from the Minister about the person;

• (b) the information received from the Minister fails to indicate that the information referred to in paragraphs 6(2)(a) to (c) of the Act or paragraphs 2.3(a) to (c) of these Regulations that has been provided about the person is not the same as that of a person whose name is on the list established under subsection 8(1) of the Act;

• (b.1) a Canadian Travel Number is provided;

• (b.2) in the case where a Canadian Travel Number has been provided, there has been a change to it since it was provided to the Minister; or

• (c) any of the information about the person that is provided under paragraphs 6(2)(a) and (b) of the Act has significantly changed since it was provided to the Minister.

Marginal note:Resolution of interruption

• 10.2 (1) For the purposes of subsection 6(2) of the Act, if, because of an interruption of an air carrier’s or the Minister’s electronic communications system, the information that is required to be provided about a person who is expected to be on board the aircraft cannot be provided in accordance with subsection 2.5(1) of these Regulations at any of the times prescribed in paragraphs 2.4(1)(a) and (c) of these Regulations, the prescribed time is as soon as feasible after the resolution of the interruption.

• Marginal note:Close-out information

  (2) For the purposes of subsection 6(2) of the Act, if, because of an interruption of an air carrier’s or the Minister’s electronic communications system, the information that is required to be provided about a person who is on board the aircraft cannot be provided in accordance with subsection 2.5(1) of these Regulations within the time limit prescribed in subsection 2.4(2) of these Regulations, the prescribed time is as soon as feasible after the resolution of the interruption.

Information

Marginal note:Information — removal and destruction

11 Every air carrier must, by March 4, 2023,

• (a) permanently remove all versions of the list and any information respecting listed persons from

  • (i) any system it used to comply with these Regulations as they read immediately before the day on which this section comes into force, and

  • (ii) any electronic communications system it uses to comply with these Regulations; and

• (b) permanently destroy any document or record in its control containing information respecting a listed person.