ARCHIVED — Vol. 147, No. 17 — April 27, 2013

Warning This Web page has been archived on the Web.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Regulations Amending the Canadian Aviation Security Regulations, 2012 (Airport Security Programs)

Statutory authority

Aeronautics Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Aviation security is a dynamic field in which threats and risks are constantly evolving. Inflexible security processes and practices may become predictable and therefore less effective.Security regulation must adopt a systemic approach to effective and efficient aviation security. To be most effective in this dynamic environment, regulation must allow for proactive approaches to aviation security through coordination of security mandates and formalized information sharing, appropriate training of specified personnel, standardized risk assessment and security planning that includes preparing rapid short-term responses in anticipation of heightened levels of threat and risk. Canada must also continue to align its aviation security framework with international standards. As a result, Transport Canada is continuing its revitalizing of the Canadian Aviation Security Regulations, 2012 to further enhance airport security programs and increase regulatory efficiency.

Description: The proposed Amendments complete the introduction of aviation security programs for Canada’s airports designated for security screening, introducing enhanced requirements that would include establishing a national aviation security “AVSEC” level system to communicate a change in the level of risk to industry and to regulate a short-term, graduated and scalable response from airport operators to align to this escalation in risk.

The proposed Amendments also introduce core elements of a security program for airports, such as

  • airport security risk assessments to identify and prioritize risks;
  • airport security plans detailing how identified risks would be managed;
  • additional safeguards proactively developed by operators in order to prepare for changes in the AVSEC levels system;
  • training requirements for security personnel that further reflect international recommended practices;
  • enhanced emergency plans and security exercise requirements to further build readiness and capacity; and
  • implementation of multi-agency advisory committees at Canada’s largest airports to facilitate aviation security information sharing.

The proposed Amendments also continue Transport Canada’s work to address issues of clarity, consistency and duplication.

Cost-benefit statement: The proposed Amendments are estimated to result in $11.6 million in costs (present value) over 25 years, in addition to the potential, unknown costs that could arise based on the outcomes of the security assessment and the resulting implementation of airport security plans. If the proposed Amendments prevent just one significant act of unlawful interference with civil aviation, they could result in benefits as high as $223 billion. Under the proposed Amendments, significant costs would only be incurred where there are significant risks and when they enable airports to manage these risks in an as effective and efficient manner as possible. It is therefore expected that the proposed Amendments would result in a net benefit to Canadians.

“One-for-One” Rule and small business lens: The “One-for-One” Rule applies with the annualized administrative cost to be offset estimated at $198 among 89 airports. In application of the small business lens, Transport Canada has chosen a targeted option that aligns compliance costs with underlying risk, and results in the overall burden on small businesses being reduced by more than 80% from what was originally proposed, to $2.9 million over 25 years.

Domestic and international coordination and cooperation: Canada is a member state of the International Civil Aviation Organization and is obligated to meet international standards, one of which is to embed aviation security program requirements into domestic legislation. This proposal, combined with the foundational aviation security program requirements for airports introduced in the new Canadian Aviation Security Regulations, 2012 in January 2012, would allow Canada to improve how it meets this international standard.

Background

Transport Canada and its aviation security partners continually work to maintain and improve one of the most secure and efficient aviation systems in the world. While aviation security requirements largely evolved in reaction to specific aviation security incidents, it is time to set in place regulations that enable more proactive management of aviation security. Since 2009, Transport Canada has consulted extensively, and developed a plan to streamline, rationalize and modernize the aviation security regulatory framework, to increase international credibility, and reduce compliance burden on regulated entities by simplifying and clarifying regulatory objectives. Due to the complexities of such a plan and based on requests from industry, this review work has been divided into a number of amendments packages including this one, which represents the second set of amendments to the Canadian Aviation Security Regulations, 2012.

Aviation security must be adaptable and proactive in the face of evolving threats and risks. The design and performance of aviation security regulation does not take place in a static threat or technological environment. Consequently, regulation needs to promote a programs-based approach to aviation security in Canada in order to further build the capacity to respond to new and emerging threats and risks while avoiding reactive regulation that leads to cumulative compliance burden and regulatory complexity. This approach is apparent in security programming requirements for operators for their areas of responsibility, and can be achieved through management-based regulation, or performance-based regulation. Each intends to foster innovation and efficiency by prescribing either the implementation of a system for industry management of security (management-based regulation) or by prescribing the desired security objective in regulatory requirements (performance-based regulation). However, such regulation does not prescribe how the regulated entity must achieve that system or objective.

Third-party reports and independent audits have recommended that Canada further harmonize its regulations with Annex 17 to the Convention on International Civil Aviation (Chicago Convention). The International Civil Aviation Organization calls on member states to set requirements for their aviation industry to establish, implement and maintain written aviation security programs pursuant to Annex 17.

While proposed airport security program requirements form the most significant portion of this regulatory amendment package, other regulatory enhancements are included as part of Transport Canada’s continued work to rationalize and modernize its regulations. Furthermore, following the publication of foundational elements of airport security programs and their primary security line partners in the Canadian Aviation Security Regulations, 2012 on January 4, 2012, certain clarifications and improvements have been made to existing regulations and these Amendments form the last part of this package of proposed regulations. Regulated airport security programs have been undertaken in two phases after extensive consultation with stakeholders in order to facilitate compliance and ease compliance burden.

Issue

As an important member state of the International Civil Aviation Organization, Canada must align its domestic legislation with the International Civil Aviation Organization’s standard of having documented operator-led security programs. These proposed aviation security program requirements applying to airports, combined with those introduced in the new Canadian Aviation Security Regulations, 2012 in January 2012, would allow Canada to better meet international standards and expectations. Moreover, domestic independent third party reviews and audits of Canada’s aviation security regulatory framework (e.g. the Five Year Review of the Canadian Air Transport Security Authority Act) have resulted in recommendations regarding information sharing mechanisms and formalized risk management that would bring Canada to exceed international standards and practices.

Given the evolving and adaptive nature of aviation security threats, a modern aviation security regulatory framework must enable a more proactive, prepared, nimble, and risk based approach underpinned by comprehensive, integrated systems for sharing information among security partners. This has been an ongoing message in the third party recommendations. Transport Canada recognizes that operators’ ability to be proactive and adaptable needs to be enabled through regulation where appropriate, particularly when rapid responses are necessary to mitigate and manage evolving or sudden changes to aviation security risks. Addressing this concern is an integral component of Transport Canada’s ongoing modernization of its aviation security regulatory framework.

While core aspects for airport security plans have been introduced, additional elements are required to respond to international and domestic recommendations. Outstanding elements include formalized risk assessments, formalized information sharing through the establishment of multi-agency advisory committees, and risk management strategies (to be included in security plans) for the highest volume airports in the country (Class 1 aerodromes). All designated airports require approved menus of safeguards and training requirements to increase preparedness, security awareness, and enhance security management.

Finally, as the regulations continue to be carefully reviewed and revised, issues of clarity, consistency and duplication have been raised that need to be addressed. A portion of these Amendments are intended to update and help clarify certain terms and definitions, ensure consistent use of language between the English and the French, as well as clarify or delete certain provisions that have been deemed confusing, duplicative, or no longer necessary. Amendments to existing airport security program requirements for airports and their primary security line partners are included to further clarify regulatory objectives and facilitate compliance.

Objectives

An aviation security program is intended to help an organization manage and support aviation security in a way that is comprehensive, integrated, coordinated and risk-based. It is comprised of elements such as policies, processes, procedures and practices that are focused on security detection, prevention, preparedness, response and recovery to safeguard civil aviation against acts or attempted acts of unlawful interference. These elements are documented, implemented and maintained. The immediate outcomes expected by the implementation of the proposed Amendments, particularly with respect to the core airport security program elements applying to airports are

  • Operators and their security partners have increased security awareness through training, exercises, the assessment of risk, and security planning;
  • Increased sharing of aviation security information among security partners at airports; and
  • Key aviation security partners at airports work towards the adoption of a more coordinated, comprehensive and integrated approach to managing security, with greater capacity to detect, prevent, prepare, respond and recover from acts or attempted acts of unlawful interference.

In the longer term, requiring aviation security programs for airports is expected to increase the capacity and preparedness of operators and their tenants to address security threats, risks and incidents through improved detection, prevention, preparedness, response and recovery; make more informed risk-based decisions about aviation security issues based on information shared among security partners; be more proactively engaged in addressing security risks; and manage aviation security in a more comprehensive, coordinated and integrated manner. As aviation security programs are an international standard under the International Civil Aviation Organization’s Annex 17, these proposed Amendments would further enable Canadian airport operators to operate in a manner that is consistent with international aviation security practices and standards. The regulatory updates and clarifications that are also part of these proposed Amendments would also further facilitate compliance and improve regulatory efficiency.

Description

Airport security programs

The proposed regulatory package would consist of two groups of amendments: enhanced airport security program requirements, and further revision and clarification of certain aspects of the Canadian Aviation Security Regulations, 2012, including both older, more complex issues and issues raised since publication of the first phase of aviation security program requirements.

The airport security program amendments that would apply to all designated airports include

  • Establishing an AVSEC level system that would institute a formal structure to communicate a change in the level of risk to aviation beyond normal circumstances, which would then trigger requirements for operators to take necessary actions above baseline requirements. These actions would be developed proactively by operators in order to effectively address the short-term or immediate risks. The system would consist of three AVSEC levels, with level 1 being the baseline. AVSEC level 2 (elevated) and AVSEC level 3 (critical or imminent) would communicate heightened risk conditions as well as the expectation that certain operators would need to respond with safeguard actions accordingly. The proposed AVSEC level system, however, would not provide operators with any additional authority beyond what they are already empowered to do.
  • Having operators develop menus of additional safeguards detailing actions that could be taken to address heightened risk conditions in response to raised AVSEC levels. These menus of safeguards for rapid response to AVSEC levels would be documented and submitted to Transport Canada for approval (note that for Class 1 airports, the additional safeguards would form part of the security plan requirement discussed below). A phased implementation is being proposed (detailed in the “Implementation, enforcement and service standards” section). The approval of the list of safeguards would acknowledge the planned response activities by the operator in the event of heightened risk, but would not provide operators with authority to conduct those activities until such time as a heightened AVSEC level is reached.
  • Implementing training requirements for airport security personnel that would include the following subject areas:

    international and national aviation security requirements, security controls and processes at the airport, recognition of items that pose an immediate threat to aviation security, actions to be taken by personnel in response to a threat, applicable aviation security equipment and systems, as well as follow-up training on any changes to security requirements, controls, processes or trends and issues.

  • Enhancing the requirements for emergency plans and security exercises for greater response capacity and preparedness. The Amendments would update emergency plan requirements to include response procedures for “other acts of unlawful interference with civil aviation”. (see footnote 1)
    ICAO gives examples of other act of unlawful interference with civil aviation, including the use of an aircraft in service for the purpose of causing death, ser-ious bodily injury, or serious damage to property or the environment. As a result, exercises would test the broadened emergency plan as well as the menus of additional safeguards. The Amendments would also increase the frequency of what is now being termed “operations-based” exercises to every two years for Class 1 and 2 aerodromes, and every four years for Class 3 aerodromes. The existing requirements require live exercises every three years for Class 1 aerodromes and every five years for Class 2 and 3 aerodromes. The new frequency aligns with International Civil Aviation Organization standards.

In the case of Class 1 airports, operators would also be required to establish the following additional elements:

  • Security risk assessments to identify, analyse, and prioritize risks at the airport based on a threat assessment, a criticality assessment, a vulnerability assessment and impact assessment. Security risk assessments would be submitted to Transport Canada for approval based on criteria set out in the proposed Amendments.
  • Security plans that would detail efforts to mitigate and manage the medium to high risks identified and prioritized in the security risk assessment. Security plans would also include menus of additional safeguards specifying short-term security activities that could be taken in response to changing AVSEC levels. Security plans would be submitted to Transport Canada for approval based on criteria set out in the proposed Amendments.
  • Multi-agency advisory committees, to act as formalized consultative bodies for the airport operators, composed of law enforcement and security agencies present at the airport. The multi-agency advisory committees would facilitate information sharing, best practices and particular expertise related to aviation security threats and vulnerabilities for the purpose of assisting an airport operator in carrying out an informed security risk assessment, as well as reviewing those assessments and security plans.

Under the proposed Amendments, Class 2 and Class 3 airport operators would not be required to conduct security risk assessments or develop a resultant security plan for approval, but such operators could be ordered by the Minister to implement these elements. For example, a ministerial order may be required if there is a sudden change in an airport’s characteristics (such as an increase in volume of international or transborder flights) that results in a higher risk than is generally associated with that class of airport.

Rationalization of the regulatory framework

Several issues have been identified by stakeholders internally and externally during the course of the Aviation Security Regulatory Review and are being addressed as solutions are developed. In addition, certain issues have been raised since the publication of the Canadian Aviation Security Regulations, 2012. For this set of Amendments, the following changes are being proposed:

  • The definition of “restricted area” would be amended to more clearly distinguish it from non-public and non-restricted areas in an airport.
  • Parts 4, 5, and 6 of the Canadian Aviation Security Regulations, 2012 would be amended to reflect the fact that explosives detection screening checkpoints are locations where passenger, non-passenger and checked baggage screening are integrated.
  • Sections 139, 295, and 449 would be amended to clarify requirements for an airport operator to allow a person to enter or remain in a restricted area.
  • A condition would be added to subsections 142(2), 298(2), and 452(2) to broaden the circumstances under which general aviation pilots can gain access to their aircraft in restricted areas.
  • A requirement would be added under sections 167 and 323 for a person to visibly display their temporary pass on their outer clothing at all times.
  • Sections 155 and 311 would be amended to require an operator of an airport to inform the Canadian Air Transport Security Authority generally of the reason for requesting the deactivation of a restricted area identity card. This amendment would then remove the requirement for an operator of an airport to notify the Canadian Air Transport Security Authority when a card is specifically reported as stolen or lost under sections 174 and 330.
  • Section 79 and subsection 527(1) would be amended to clarify when a Canadian in-flight security officer may transport a loaded firearm.
  • Sections 8, 531 and 532 would be amended to require peace officers to present to the screening authority an authorization form, which has been issued by the air carrier, for carrying or needing access to an unloaded firearm on board an aircraft.
  • In Schedule 4, the amount of $5,000 would be added as the maximum amount payable for an administrative monetary penalty for an individual for subsections 290(1) and (2) as primary security line partners / lessees. This designated provision would also apply to individuals and not only to corporations.
  • All Class 1 primary security line partners requirements have been sequenced under Division 11 of the Canadian Aviation Security Regulations, 2012 to simplify compliance. The following amendments would also be made: section 227 would be amended to include documenting the roles and responsibilities of contractor groups as well as employees; language has been clarified to promote effective implementation of primary security line partners security programs; and an information management requirement would be included to further align primary security line partners’ requirements with requirements for airports.

Regulatory and non-regulatory options considered

Regulated requirements for operators to identify their risks, document, coordinate, and oversee security operations at airports, including risk mitigation efforts, were considered the most appropriate and effective approach. This would promote accountability and timely cooperation in the management of unforeseeable aviation security threats and incidents; continued alignment with international standards and expectations; and greater harmonization with the practices of international partners. Although voluntary security assessments, plans, and menus of safeguards could have been an option, there would be no assurance that security systems and processes would be optimally managed, coordinated, and prepared to mitigate risk. Uncoordinated and unaccountable security management would compromise the safety and security of the airport community and the traveling public.

Additionally, the approach taken to the proposed Regulations focuses on efficiency, capacity, and proportionality. Various options have been considered, but rather than electing to use regulations in every case, some initial proposals are now being addressed through guidance where most feasible. For example, rather than regulating the use of a specific methodology, the Regulations set the elements expected in a risk assessment. Transport Canada will provide a sample methodology in guidance material, without prescribing the steps to be taken with a specific methodology. Also, a management and performance-based approach has been taken to these proposed requirements, with the Regulations requiring either systems or setting specific outcomes rather than prescribing requirements for “how” the objectives of aviation security programs should be achieved. In an effort to minimize the burden on stakeholders, while continuing alignment with international expectations and practices, as well as enhancing security, some elements, such as the requirement to complete a security assessment and the resultant security plan for Transport Canada approval, would only apply to the higher risk and higher volume Class 1 airports.

Benefits and costs

In accordance with the Cabinet Directive on Regulatory Management,Transport Canada has conducted an analysis of the benefits and costs of the proposed airport security program requirements described above. (see footnote 2) Benefits associated with the rationalization of the regulatory framework are expected to include increased regulatory clarity and coherence, and have not been estimated.

Benefits

The proposed airport security program amendments would

  • Improve coordination and integration among aviation security stakeholders and promote more proactive, efficient and flexible risk management by airports through security risk assessments and the resultant security plans at Class 1 airports, as well as the preparation and exercise of additional safeguards in response to heightened risk conditions at Class 1, 2 and 3 airports;
  • Reduce the likelihood and impact of acts or attempted acts of unlawful interference thus, over time, saving lives and protecting property. Beneficiaries could include passengers, airline crews, airports, air carriers, affiliated businesses, local communities, and Canadians; and
  • Maintain and increase confidence in the security of air transportation, and prevent further loss of life and property, as well as damage that would result from a shift to more dangerous modes of transportation. (see footnote 3)
    E.g. up to 2 170 traffic deaths in the United States may have been due to mode shifting in the aftermath of 9/11, a cost of over $15 billion (in 2010 Canadian dollars). See Blalock, Garrick, Vrinda Kadiyali, and Daniel Simon (2009). “Driving Fatalities After 9/11: A Hidden Cost of 9/11,” Applied Economics 41(14): 1717–1729.

Attempts to measure the impact of significant acts of terrorism (aviation and other) have been undertaken as a means of identifying the order of magnitude of possible impacts. These scenario estimates show that the benefits of preventing just one imminent attack could be significant (as high as $223 billion) and could be interpreted as the upper bound of plausible benefits.

Given the significant impacts of acts or attempted acts of unlawful interference with civil aviation, the analysis also considered what impacts would need to be prevented in order for the benefits of the proposed Amendments to exceed the costs. The benefits would need to exceed $11.6 million over 25 years in addition to any costs of implementing airport security plans, which could not be estimated. Alternatively, the proposed Amendments would need to save fewer than two human lives (see footnote 4) over 25 years to break even, excluding the aforementioned plan-induced costs.

Compliance costs

The proposed Amendments were designed to align regulatory costs with the risks and/or impacts of acts or attempted acts of unlawful interference with civil aviation. As a result, airport implementation and administration costs were estimated, but costs that could be triggered by the assessments and plans were not. For these unknown costs, Transport Canada conducted a “what if” analysis and determined that worst case scenario costs would still not result in significant impacts on airports or passengers.

Airport implementation and administration costs

Using airport financial statements, input assumptions developed internally with significant input and feedback from airports of all sizes and from all regions, and an internal forecast of airport passenger volumes, the costs associated with nine provisions of the proposed Amendments were estimated. Record-keeping, reporting, and notification costs were treated separately.

The proposed Amendments are expected to result in implementation and administration costs for airports of $7,922,585 over 25 years. Transport Canada owns eight Class 3 airports. Implementation and administration costs for these airports are included in the Class 3 column of Table 1 and are estimated to be $178,287 over 25 years. In the cost-benefit statement, these costs are grouped with other costs to Government, and costs to Class 3 airports have been reduced accordingly (from $1,510,055 to $1,331,768).

Class 1 airport security risk assessment, assessment review and airport security plan costs account for 57.2% of total airport costs; security exercises for all classes account for 22.4%; and security personnel training costs account for 14.6%. Other provisions account for the remaining 5.8% (see Table 1).

Table 1: Estimated costs, airport implementation and administration, by provision, 2014 to 2038

Proposed Regulatory Provision

Class 1 (PV)(see footnote 5)

Class 2 (PV)

Class 3 (PV)

Total (PV)

Share of total

Airport security risk assessment

$1,452,791

N/A

N/A

$1,452,791

18.3%

Airport security risk assessment review

1,955,921

N/A

N/A

1,955,921

24.7%

Airport security plan

1,128,353

N/A

N/A

1,128,353

14.2%

Menu of safeguards

(included in the airport security plan)

101,322

164,683

266,006

3.4%

AVSEC levels

0

0

0

0

0%

Security exercises

435,636

975,276

363,118

1,774,029

22.4%

Multi-agency advisory committee

0

N/A

N/A

N/A

0%

Security personnel training

14,907

287,801

852,639

1,155,348

14.6%

Emergency plans

0

0

0

0

0%

Record-keeping, reporting and notification

0

60,522

129,615

190,137

2.4%

Total (all airports)

$4,987,609

$1,424,921

$1,510,055

$7,922,585

 

Total (non Transport Canada airports)

$4,987,609

$1,424,921

$1,331,768

$7,744,298

 

Total per airport

623,451

71,246

25,611

   

Annualized cost (see footnote 6)

$467,233

$133,485

$141,460

$742,178

 

Annualized cost per airport

58,404

6,674

2,358

   
Government costs

Transport Canada has conducted an analysis of expected costs to Government resulting from the proposed Amendments, including

  • establishing a small secretariat at Transport Canada to support assessment and planning activities, and exercise/execute the coordination and integration function (e.g. maintain databases of assessments, plans and menus of safeguards);
  • supporting airports during the development of initial assessments and plans;
  • reviewing and approving assessments, plans, and menus of safeguards on an ongoing basis;
  • conducting internal and external AVSEC level exercises;
  • incremental Transportation Security Inspector inspection activities while airports implement the proposed Amendments; and
  • other government agency costs.

The proposed Amendments are expected to result in costs to Government of $3,905,558 over 25 years. Secretariat costs account for 45.2% of total government costs, approvals of assessments, plans, and menus of safeguards account for 27.5%, Aviation Security Level exercises account for 9.4%, and assessment and plan development support accounts for 6.1%. Other activities account for the remaining 11.8% (see Table 2).

Table 2: Estimated costs to Government, by activity, 2014 to 2038

Transport Canada activity

Cost (PV)

Annualized Cost

Share of Total

TC secretariat

$1,766,110

$165,447

45.2%

Assessment and plan development support

236,638

22,168

6.1%

Initial and subsequent aviation security risk assessment approval

114,131

10,692

2.9%

Airport security plan approval

33,176

3,108

0.9%

Plan amendment approval

174,321

16,330

4.5%

Initial menu of safeguards approval

127,428

11,937

3.3%

Menu of safeguards amendment approval

622,372

58,303

15.9%

AVSEC level exercises

365,523

34,242

9.4%

Incremental inspection time/cost

247,571

23,192

6.3%

Other government agencies

40,000

3,747

1%

TC airport implementation and administration

178,287

16,702

4.5%

Total government costs (without TC airports)

$3,727,272

$349,166

 

Total government costs (with TC airports)

$3,905,558

$365,868

 
Costs for Canadians

In the event that Class 2 and Class 3 airports can “pass on” regulatory costs to passengers (e.g. through increased fees), these costs are estimated to be less than $0.05 per passenger, per flight. For Class 1 airports, much would depend on the magnitude of any plan-induced costs. Under a worst-case scenario, should significant induced costs be passed on to passengers at Class 1 airports, they are estimated to be no more than $0.22 per passenger, per flight. Incremental induced costs are expected to be much lower than this worst-case scenario. Given the overall cost of air travel to passengers, including ticket prices, other fees, and taxes, these potential incremental costs would not likely have a significant impact on the cost of flying or the demand for air travel. Thus the impacts on consumers, competition, and domestic and international trade are expected to be negligible (see Table 3).

Table 3: Cost-benefit statement

Costs, benefits and distribution

2014 to 2016 average

2038

Total (present value)

Annualized

A. Quantified impacts (in dollars)

Benefits

Canadians

The benefits of the proposed Amendments are expected to significantly exceed the break-even level of $11.6 million in addition to any assessment- or plan-induced costs that could not be estimated. If the proposed Amendments prevent just one significant act of unlawful interference, it could result in benefits as high as $223 billion.

Costs

Class 1 airports

$639,355

$333,479

$4,987,609

$467,233

Class 2 airports

71,776

34,866

1,424,921

133,485

Class 3 airports (excluding Transport Canada airports)

152,256

79,197

1,331,768

124,758

Government

358,676

333,343

3,727,272

349,166

Transport Canada airports

19,577

10,523

178,287

16,702

Total costs

$1,241,640

$791,407

$11,649,857

$1,091,344

Net benefits

Greater than $0

B. Qualitative impacts

Benefits

  • Improved coordination and integration among aviation security stakeholders.
  • More proactive, efficient, and flexible risk management by airports.
  • Reduced likelihood and impact of acts or attempted acts of unlawful interference with civil aviation.

Costs

  • Assessment- and plan-induced costs may be incurred by Class 1 airports in response to risks identified in the assessments and actions included in the plans to address these risks. Although Transport Canada does not expect that significant incremental risks would be identified,
    • The proposed Amendments have been designed to align any assessment- and plan-induced costs with the risk of acts or attempted acts of unlawful interference with civil aviation.
    • Transport Canada expects that induced costs would be relatively low and would not have a significant impact on airport operations.

“One-for-One” Rule

Transport Canada has considered the potential impacts of all provisions of the proposed Amendments on administrative burden, and has determined that the “One-for-One” Rule would apply. Some administrative burden would be required in order that the proposed Amendments could be enforced, specifically for incremental employee time required to

  1. submit airport security risk assessments and plans (Class 1);

  2. submit menus of additional safeguards (Classes 2 and 3); and

  3. store employee training records (Classes 2 and 3).

Other provisions would either serve a function beyond administration (e.g. preparing assessments and plans), or only be required in the event of a security incident, and not as part of regular business practices (see Table 4).

Table 4

Administrative burden (IN)

Description

Total administrative cost (present value) (see footnote 7)

Annualized cost

Submission of airport security risk assessments

Staff time required to physically package and submit the assessments after completion. 0.3 hours × once in years 0, 5 and 10 × 8 airports × loaded wage rate of $28.56.

$152

$22

Submission of airport security plans

Staff time required to physically package and submit the plans after completion. 0.3 hours × once in years 0, 5 and 10 × 8 airports × loaded wage rate of $28.56.

152

22

Submission of menus of additional safeguards

Staff time required to physically package and submit the menus after completion. 0.3 hours × once in year 0 × 80 airports × loaded wage rate of $28.56.

686

98

Storage of employee training records (see footnote 8)

Manager time to electronically update employee training record spreadsheet. 1 minute per employee record × 4.5 employees × once in years 0, 5 and 10 × 80 airports × $28.56.

402

57

Total (IN)

 

$1,392

$198

Transport Canada has considered the potential impacts of all provisions of the proposed Amendments on administrative burden, and has determined that the “One-for-One” Rule would apply, with the annualized administrative cost to be offset estimated at $198 among 89 airports. Key industry stakeholders were given the opportunity to comment on the provision-specific cost assumptions during the development of the cost-benefit analysis and their views are reflected in these calculations of administrative burden. Transport Canada subsequently solicited industry feedback on the administrative cost assumptions specifically and no comments have been made at this time.

Small business lens

The proposed Amendments were designed to align compliance costs with underlying risks and so that costs disproportionate to risk were not imposed on small businesses (i.e. 20 Class 2 and 60 Class 3 airports). (see footnote 9)

Transport Canada initially considered a proposal (the initial option) that would require all 89 airports designated for security screening (Class 1, 2, 3) to conduct security risk assessments, review those assessments, prepare plans and maintain multi-agency advisory committees. Preliminary consultations and analyses indicated that this approach would impose a burden disproportionate with the risk associated with small airports, with costs significantly in excess of those reported above. The burden of these provisions may be acute between 2014 and 2015, when initial assessment and planning costs are assumed to be incurred, resulting in annual costs in those years above the average presented in the Table below. In response, Transport Canada developed a more targeted option (the proposed Amendments), where-by more complex provisions would not apply to small airports, while lower cost provisions would be retained to ensure that coordination and integration objectives would still be met. In this way, compliance costs would be aligned with underlying risks and the overall burden on small businesses would be reduced by more than 80%.

Subsequent consultations and cost-benefit analysis costing exercises focused on this targeted option. Assuming that the cost of implementing these additional provisions for Class 2 airports would be between 50% and 75% of the applicable Class 1 airport costs, and costs for Class 3 airports would be between 30% and 60% of the applicable Class 1 airport costs, Transport Canada has provided an illustrative comparison of the two options in Table 5.

Table 5
 

Initial option

Targeted option

Short description

Most provisions apply to all airports

The proposed Amendments

Number of small businesses impacted

80

80

 

Average annual ($)

Present value (see footnote 10) ($)

Average annual ($)

Present value ($)

Total costs (all small businesses)

1,870,440

19,966,531

274,945

2,934,976

20 Class 2 airports

788,097

8,412,763

133,485

1,424,921

60 Class 3 airports

1,082,343

11,553,768

141,460

1,510,055

Total cost per small business

20 Class 2 airports

39,405

420,638

6,674

71,246

60 Class 3 airports

18,039

192,563

2,358

25,168

Risk considerations

Transport Canada assessed Class 1 airports to be higher risk, handling more than 80% of the commercial passenger volume in Canada.

Consultation

The proposed Amendments were developed using feedback and input from extensive consultations with stakeholders over more than two years. Key participants in the consultation process included airport operators, air carriers, the Canadian Air Transport Security Authority, other government departments and agencies, NAV CANADA, industry associations, labour groups and other organizations and businesses operating on security boundary lines at airports that have aviation security roles and responsibilities.

Specific stakeholder groups have been consulted through various mechanisms, including face-to-face meetings, pilot project activities and tabletop exercises, information sessions and direct mail consultations. Transport Canada’s official forum for this regulatory proposal, the Aviation Security Regulatory Review Technical Committee, was engaged throughout the development of the proposed Amendments. Key participants represented on the Technical Committee include the following: Greater Toronto Airports Authority, Aéroports de Montréal, Ottawa International Airport Authority, Kelowna International Airport, Yellowknife Airport, Toronto City Centre Airport, Victoria Airport Authority, West Kootenay Regional (Castlegar) Airport, Air Canada, WestJet, Air Transat, First Air, Canadian Owners and Pilots Association, Air Line Pilots Association, Air Canada Pilots Association, International Air Transport Association, Air Transport Association of Canada, Canadian Airports Council, Canadian Business Aviation Association, Northern Air Transport Association, Regional Community Airports Coalition of Canada, Conseil des aéroports du Québec, National Airlines Council of Canada, Canadian Union of Public Employees, Teamsters Canada, Canadian Labour Congress, Gate Gourmet Canada, Purolator Courier Ltd., Federal Express Canada Ltd., DHL Express (Canada) Ltd., Canadian Air Transport Security Authority, and the Government of the Northwest Territories.

As part of Transport Canada’s preliminary consultations, a notice of intentwas published in the Canada Gazette onMarch 27, 2010, requesting comments from the public on the intention to amend the Canadian Aviation Security Regulations including, among other things, requirements for airport security programs. The notice provided an overview of the proposed regulatory principles being considered by the Department.

These and other consultations have resulted in airport security program regulations being published and implemented in two phases. Foundational elements comprised the first phase and were introduced as part of the newly restructured Canadian Aviation Security Regulations, 2012, which came into force on January 1, 2012. This proposal would amend the Canadian Aviation Security Regulations, 2012 to include the second phase of regulations for airport security programs, and was posted in August 2011 on Transport Canada’s Security Regulatory Advisory System for a 30-day period during which Technical Committee members were invited to comment. During the comment period from August to September 2011, Transport Canada received comments from four stakeholders on the draft Regulations. Also, two additional Technical Committee meetings were held, one in November 2011 and another in June 2012 in which the proposed Amendments were discussed. Transport Canada has taken all pertinent comments from these consultations into consideration when revising the proposed Regulations.

Regulatory cooperation

Canada, as a member state of the International Civil Aviation Organization, is obligated to meet the international standard of having documented operator-led aviation security programs and to bring this requirement into its domestic legislation. This proposal would improve the manner in which Canada meets this international standard.

Rationale

Transport Canada is moving away, where appropriate, from regulating in reaction to past security incidents in a prescriptive manner that typically defines the specific actions operators are required to take in order to achieve security objectives. This can lead to constraining, inflexible requirements in the face of new and emerging threats and risks. It may also lead to a cumulative compliance burden for operators, as requirements are continually developed in an action-reaction cycle.

In order to promote greater effectiveness and efficiency, increased focus is being placed on regulatory requirements specifically designed to promote adoption of proactive security management through ongoing threat, risk and vulnerability assessment, implementation of tailored risk mitigation and management strategies, as well as documenting the coordination and accountabilities of aviation security partners. As aviation security threats and security innovations are constantly evolving, it is important that the aviation security regulatory environment be nimble to encourage continuous improvement and adaptation to evolving security threats. These proposed Amendments to enhance aviation security programs for airports would encourage more innovative and efficient compliance with requirements in an evolving aviation security environment. Formalized security risk assessments, developing and implementing resultant security plans and increased information sharing for the highest volume airports, as well as requirements for all airports to prepare additional safeguards that can be implemented when immediate risks are identified by the Minister, and requirements to train security personnel are necessary to enable and promote accountable, effective, flexible and innovative aviation security.

These proposed airport security program requirements would include security risk assessments for Class 1 operators to identify and prioritize aviation security risks to the airport and enable the most appropriate and effective risk mitigation strategies to be developed, documented and implemented when necessary in a security plan. Airport operators would be required to consult with key security partners at the airport, including the Canadian Air Transport Security Authority, the Canada Border Services Agency, the Royal Canadian Mounted Police, and the police of local jurisdiction, when conducting their security risk assessment and developing and implementing their security plan in order to increase information-sharing and coordination of effort. The security plan would be based on the results of the security risk assessment, documenting a risk mitigation and management strategy that addresses the high to medium risks identified and prioritized in the security risk assessment.

In the case of Class 1 airports, the security plan would also detail additional safeguards for effective responses to immediate risks in exceptional circumstances that would cause the Minister to raise the AVSEC level from the baseline of AVSEC level 1 to an elevated AVSEC level 2 or imminent/critical AVSEC level 3. In the absence of a requirement for a security plan, a separate menu of safeguards would be required for all other designated airports. In addition, exercises of the airport security plan (or menu of safeguards — depending on the class of airport) would enhance preparedness, coordination, and foster continuous improvement.

In the rare event of a heightened risk situation, there are often additional actions that could be taken to enhance security to address the heightened risk. Security levels or alert levels are common tools used by governments to communicate a change in the level of risk, and incite action from those in a position to increase security. The number of levels proposed aligns with the number of levels in the recently updated Department of Homeland Security’s National Terrorism Advisory System in the United States, and the current Transport Canada MARSEC levels system. With industry more prepared to deal with situations of heightened risk, Transport Canada expects that industry could have a more rapid response to heightened risk.

Sharing of aviation security-related information is a key component of comprehensive, coordinated and proactive aviation security. The proposed Regulations would enhance information sharing and coordination of security efforts at Class 1 airports through the introduction of multi-agency advisory committees. The International Civil Aviation Organization cites the exchange of information and intelligence as essential to effective aviation security programs, enabling airport operators to adjust their programs in response to changing threat conditions. The orderly dissemination of such information is vital to the success of aviation security programs.

Implementation, enforcement and service standards

Transport Canada’s philosophy on the enforcement of the Canadian Aviation Security Regulations, 2012 stresses promoting compliance as the preferred means of achieving a secure aviation environment. Where compliance with the proposed Amendments would not be achieved on a voluntary basis or where there are flagrant violations, enforcement action could be taken in the form of administrative monetary penalties pursuant to sections 7.6 to 8.2 of the Aeronautics Act, judicial sanctions per subsection 7.3(3) of the Act, or the suspension or cancellation of a Canadian aviation document under section 6.9 of the Act.

However, in order to successfully implement the proposed airport security program Regulations, Transport Canada has committed resources for aviation industry and departmental readiness. The proposed regulatory requirements would have a staggered application after coming into force to allow time for preparation and to facilitate implementation. The bulk of the requirements (multi-agency advisory committee, security personnel training, changes to emergency plans and security exercises) would come into force for all classes of airports 6 months after publication in the Canada Gazette, Part Ⅱ. Eight months later (14 months after publication) security plans would be required. Menus of safeguards would be required 15 months after final publication for Class 2 airports and 16 months after final publication for Class 3 airports. As a result, airport operators would be expected to have implemented all of the regulatory requirements within the two years of each provision coming into force.

Similar to its approach taken during the introduction of airport security program foundational elements, Transport Canada is developing non-regulatory elements such as guidance material and best practices in consultation with industry to support these proposed airport security program Amendments. Transport Canada is committed to developing materials in collaboration with industry to facilitate implementation and compliance. Transport Canada has been working with aviation security stakeholders to increase awareness of the proposed Regulations, and is proposing a six-month implementation period between the publishing of the Regulations and the coming into force of the Regulations. Furthermore, the eight months between the deadline for security assessments and resultant security plans should allow sufficient time for implementation and coordination with other aviation industry groups.

For internal readiness, Transport Canada is working to develop inspector guidance, training and standard operating procedures for inspectors. Approval processes are also being developed to establish the internal mechanisms needed for a nationally consistent review and approval of airport security risk assessments, security plans and proposed safeguards for AVSEC levels. Transport Canada will develop communication products to encourage industry awareness of the amendments.

Transport Canada continues to believe that service standards are an essential public commitment to a measurable level of regulatory performance. Therefore to help clarify service expectations and to help ensure accountability for service performance, Transport Canada commits to making a determination regarding approvals of security risk assessments, security plans, and menus of additional safeguards within 90 calendar days of receipt of a complete submission.

Performance measurement and evaluation

While Transport Canada recognizes that the results of security regulations are difficult to measure because their success results in no measurable activity or outcome, improvements in security performance should be evident following implementation of security programs due to enhanced collaborative working relationships and a more proactive approach to achieving security objectives. Additionally, Transport Canada will be looking to the airport community to provide further information on whether these new proposals have made noticeable improvements to security at their facilities.

A Performance Measurement and Evaluation Plan has been developed to verify whether all airport security program regulations, both current requirements and the enhancements in these proposed Amendments, meet their policy objectives on an ongoing basis. (see footnote 11) Accordingly, a logic model has been developed to map the flow from development to implementation of the Regulations to verify that expected results are continually achieved. In the model, the development of airport security program regulations is the main activity, along with the development and delivery of education and outreach for airport operators and primary security line partners, the conduct of inspector training as well as inspections themselves, and approval processes supporting the main activities of this initiative for Transport Canada. The outcomes in the logic model are those listed in the “Objectives” section above. Because it is expected that the successful application of the provisions by the operators should lead to the achievement of the outcomes outlined in the logic model, the indicators for the outcomes are closely linked to the provisions.

Transport Canada will be conducting inspections to verify compliance with aviation security program requirements for airports within the Canadian Aviation Security Regulations, 2012. These inspections will be conducted by trained inspectors at all applicable airports. Inspection data is entered into a Transport Canada database. In accordance with the Cabinet Directive on Regulatory Management, Transport Canada is currently working on a regulatory performance framework to compile and facilitate reporting on inspection data, as well as measure the performance of its Regulations. The structure for the aviation security program inspection data is being defined to facilitate reporting on the three immediate outcomes listed in the logic model outlined above.

As with any regulations, the objective is to achieve 100% compliance and effective outcomes as a result of this compliance. In addition, Transport Canada intends to analyze the inspection data to determine the effectiveness of the new aviation security program Regulations for airports.

Contact

Wendy Nixon
Director
Aviation Security Regulatory Review
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-1282
Fax: 613-949-9199
Email: wendy.nixon@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 4.3(2) (see footnote a), sections 4.71 (see footnote b) and 4.9 (see footnote c), paragraphs 7.6(1)(a) (see footnote d) and (b) (see footnote e) and section 7.7 (see footnote f) of the Aeronautics Act (see footnote g), proposes to make the annexed Regulations Amending the Canadian Aviation Security Regulations, 2012 (Airport Security Programs).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Wendy Nixon, Director, Aviation Security Regulatory Review, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (tel.: 613-990-1282; fax: 613-949-9199; email: wendy.nixon@tc.gc.ca).

Ottawa, April 18, 2013

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION SECURITY REGULATIONS, 2012 (AIRPORT SECURITY PROGRAMS)

AMENDMENTS

1. Subsection 1(1) of the Canadian Aviation Security Regulations, 2012 (see footnote 12) is replaced by the following:

Regulations overview

1. (1) These Regulations are the principal means of supplementing the legislative framework set out in sections 4.7 to 4.87 of the Act. They are designed to enhance preparedness for acts or attempted acts of unlawful interference with civil aviation and to facilitate the detection of, prevention of, response to and recovery from acts or attempted acts of unlawful interference with civil aviation.

2. (1) The definition “security personnel” in section 3 of the Regulations is repealed.

(2) The definition “restricted area” in section 3 of the Regulations is replaced by the following:

“restricted area”
« zone réglementée »

“restricted area” means any part of an aerodrome that is designated as a restricted area by the operator of the aerodrome in accordance with a regulatory requirement.

(3) Section 3 of the Regulations is amended by adding the following in alphabetical order:

“aerodrome security personnel”
« personnel de sûreté de l’aérodrome »

“aerodrome security personnel” means individuals who are employed by the operator of an aerodrome or by one of the operator’s contractors to prepare for, detect, prevent, respond to and assist in the recovery from acts or attempted acts of unlawful interference with civil aviation.

3. Section 8 of the Regulations is renumbered as subsection 8(1) and is amended by adding the following:

Notification by peace officer

(2) If the peace officer is authorized by the air carrier under section 531, the peace officer must present the identification and the form referred to in that section to the screening officers.

4. (1) Subsection 79(1) of the Regulations is replaced by the following:

Weapons

79. (1) Subject to subsections (2.1) to (4), a person must not carry or have access to a weapon on board an aircraft.

(2) Section 79 of the Regulations is amended by adding the following after subsection (2):

Exception — air carrier flights

(2.1) A Canadian in-flight security officer who is acting in the course of their duties may carry or have access to a loaded firearm on board an aircraft operated by an air carrier.

5. Division 3 of Part 4 of the Regulations is replaced by the following:

DIVISION 3

AVSEC LEVELS
Overview

Division overview

96. This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

AVSEC Level Requirements

Additional safeguards

97. If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of the aerodrome, the operator of the aerodrome must immediately take the following actions:

  • (a) determine which additional safeguards are most likely to help mitigate the heightened risk condition;
  • (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;
  • (c) implement or continue to implement the additional safeguards; and
  • (d) notify the Minister of the additional safeguards that are being or will be implemented.

Notification

98. When the AVSEC level is lowered for an aerodrome or any part of the aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 97(b).

Legal powers and obligations

99. For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

[100 to 107 reserved]

6. The heading before section 111 of the Regulations is replaced by the following:

Security Official

7. The heading before section 113 and sections 113 and 114 of the Regulations are replaced by the following:

[113 and 114 reserved]

8. The reference “[115 to 119 reserved]” after the reference “[113 and 114 reserved]” of the Regulations is replaced by the following:

Aerodrome Security Personnel

Initial training

115. (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

Training elements

(2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

  • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;
  • (b) the security controls and procedures at the aerodrome where the personnel are employed;
  • (c) systems and equipment at the aerodrome;
  • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;
  • (e) the recognition of items that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and
  • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

Grandfathering

(3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

Follow-up training

116. (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

  • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
  • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
  • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and
  • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

Follow-up training

(2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when a shortcoming is identified by the Minister or the operator in the member’s performance of an aerodrome-related security role or responsibility.

Training elements

(3) Follow-up training must include

  • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and
  • (b) instruction and evaluation in relation to that circumstance.

On-the-job training

117. If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1.

Training records

118. (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 115 or 116, there is a training record that includes

  • (a) a description of the individual’s aerodrome-related security roles and responsibilities;
  • (b) a description of all the training that the individual has received in accordance with section 115 or 116; and
  • (c) evaluation results for all the training that the individual has received in accordance with section 115 or 116.

Record keeping

(2) The operator of the aerodrome must keep the training record for at least two years.

Ministerial access

(3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.

[119 reserved]

9. Sections 121 and 122 of the Regulations are replaced by the following:

Passenger screening facilities

121. The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.

False declaration notice

122. (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare that

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

Official languages

(2) The notice must be clearly visible and be in at least both official languages.

10. Section 125 of the Regulations and the heading before it are replaced by the following:

Screening of Checked Baggage

Checked baggage screening facilities

125. The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.

11. Section 139 of the Regulations is replaced by the following:

Prohibition

139. (1) If a person has been given notice orally, in writing or by a sign that access to a part of an aerodrome is prohibited or limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

Restricted areas

(2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.

Non-public areas other than restricted areas

(3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Non-public areas other than restricted areas

(4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

12. Subsection 142(2) of the Regulations is replaced by the following:

Pilot’s licence

(2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

  • (a) is acting in the course of their employment; or
  • (b) requires access to an aircraft that they own or operate.

13. Section 155 of the Regulations is amended by adding the following after subsection (1):

Reason for deactivation

(1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.

14. Section 167 of the Regulations is renumbered as subsection 167(1) and is amended by adding the following:

Display of temporary passes

(2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.

15. Section 174 of the Regulations is repealed.

16. Division 9 of Part 4 of the Regulations is replaced by the following:

DIVISION 9

AIRPORT SECURITY PROGRAMS
Overview

Division overview

189. This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

Interpretation

Processes and procedures

190. For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

Airport Security Program Requirements

Requirement to establish and implement

191. (1) The operator of an aerodrome must establish and implement an airport security program.

Program requirements

(2) As part of its airport security program, the operator of the aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;
  • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact;
  • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    • (i) persons who are employed at the aerodrome,
    • (ii) crew members who are based at the aerodrome, and
    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
  • (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
  • (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:
    • (i) persons who are employed at the aerodrome, and
    • (ii) persons who require access to the aerodrome in the course of their employment;
  • (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
  • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

Other program requirements

(3) The following also form part of the airport security program:

  • (a) the security official referred to in section 112;
  • (b) the aerodrome security personnel training referred to in sections 115 and 116;
  • (c) the security committee or other working group or forum referred to in section 195;
  • (d) the multi-agency advisory committee referred to in section 196;
  • (e) the airport security risk assessment referred to in section 197;
  • (f) the airport security plan referred to in section 202;
  • (g) the emergency plan referred to in section 206; and
  • (h) the security exercises referred to in sections 207 and 208.

Prohibition

192. The operator of an aerodrome must not operate the aerodrome unless the operator’s airport security plan is approved by the Minister.

Documentation

193. (1) The operator of an aerodrome must

  • (a) keep documentation related to its airport security risk assessment and its airport security plan for at least ten years; and
  • (b) keep all other documentation related to its airport security program for at least two years.

Ministerial access

(2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

Requirement to amend

194. The operator of an aerodrome must amend its airport security program if

  • (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
  • (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.
Committees

Security committee

195. (1) The operator of an aerodrome must have a security committee or other working group or forum that

  • (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;
  • (b) helps coordinate the implementation of the controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and
  • (c) promotes the sharing of information respecting the airport security program.

Terms of reference

(2) The operator of the aerodrome must establish the security committee or other working group or forum in accordance with written terms of reference that

  • (a) identify its membership; and
  • (b) define the roles and responsibilities of each member.

Records

(3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum.

Multi-agency advisory committee

196. (1) The operator of an aerodrome must have a multi-agency advisory committee that

  • (a) advises the operator on its airport security risk assessment and its airport security plan; and
  • (b) promotes the sharing of sensitive information respecting aviation security at the aerodrome.

Membership

(2) The operator of the aerodrome must invite at least the following persons and organizations to be members of the multi-agency advisory committee:

  • (a) the Department of Transport regional director for aviation security;
  • (b) CATSA;
  • (c) the police service with jurisdiction at the aerodrome;
  • (d) the Royal Canadian Mounted Police;
  • (e) the Canadian Security Intelligence Service; and
  • (f) the Canada Border Services Agency.

Terms of reference

(3) The operator of the aerodrome must establish the multi-agency advisory committee in accordance with written terms of reference.

Records

(4) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee.

Airport Security Risk Assessments

Airport security risk assessments

197. The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements:

  • (a) a threat assessment that evaluates the probability that aviation security incidents will occur at or near the aerodrome;
  • (b) a criticality assessment that lists, assesses, and prioritizes in their order of importance to the continuity of the operation of the aerodrome,
    • (i) persons, assets, operations and infrastructure at the aerodrome, and
    • (ii) infrastructure near the aerodrome;
  • (c) a vulnerability assessment that considers the extent to which a potential target is susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and
  • (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of
    • (i) a decrease in public safety and security,
    • (ii) financial and economic loss, and
    • (iii) a loss of public confidence.

Submission for approval

198. (1) The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval. After the first approval, the operator must submit the assessment to the Minister for approval at least once every five years and each time the operator amends the assessment as a result of a review conducted under subsection 200(3).

Interpretation

(2) For greater certainty, any approval of the airport security risk assessment by the Minister marks the start of a new five-year period for the purposes of subsection (1).

Requirement to consider advice

199. The operator of an aerodrome must consider the advice of its multi-agency advisory committee when the operator is

  • (a) preparing its airport security risk assessment for submission to the Minister for approval; and
  • (b) reviewing its airport security risk assessment.

Comprehensive review

200. (1) The operator of an aerodrome must conduct a comprehensive review of its airport security risk assessment at least once a year.

Targeted review

(2) The operator of the aerodrome must conduct a targeted review of its airport security risk assessment if

  • (a) a special event that poses a medium to high risk to aviation security is scheduled to take place at the aerodrome;
  • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;
  • (c) an environmental or operational change at or near the aerodrome poses a medium to high risk to aviation security;
  • (d) a change in regulatory requirements could have an impact on aerodrome security; or
  • (e) the operator identifies a vulnerability at the aerodrome.

Other reviews

(3) The operator of the aerodrome must also conduct a comprehensive or targeted review of its airport security risk assessment if the Minister

  • (a) informs the operator that there is a change in the threat environment; or
  • (b) identifies to the operator a vulnerability at the aerodrome that is not addressed by the assessment.

Documentation

(4) When the operator of the aerodrome conducts a comprehensive or targeted review of its airport security risk assessment, the operator must document

  • (a) any decision to amend or to not amend the assessment or the operator’s airport security plan;
  • (b) the reasons for that decision; and
  • (c) the factors that were taken into consideration in making that decision.

Approval

201. The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

  • (a) the assessment meets the requirements of section 197;
  • (b) the operator has considered the advice of its multi-agency advisory committee;
  • (c) the operator has considered all available and relevant information; and
  • (d) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.
Airport Security Plans

Requirement to establish, submit and implement

202. (1) The operator of an aerodrome must establish an airport security plan, submit it to the Minister for approval and implement it as soon as it is approved. The plan must

  • (a) summarize the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;
  • (b) include a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the most recent version of the operator’s airport security risk assessment; and
  • (c) set out, for the purposes of section 97, a menu of additional safeguards that are
    • (i) intended to mitigate heightened risk conditions in a graduated manner, and
    • (ii) consistent with the operator’s legal powers and obligations.

Menu of additional safeguards

(2) The menu of additional safeguards must

  • (a) allow for the rapid selection of additional safeguards by activity type or location; and
  • (b) indicate the persons and organizations responsible for implementing each additional safeguard.

Activity types

(3) For the purposes of paragraph (2)(a), the activity types must include

  • (a) access controls;
  • (b) monitoring and patrolling;
  • (c) communications; and
  • (d) other operational controls.

Locations

(4) For the purposes of paragraph (2)(a), the locations must include

  • (a) public areas of the aerodrome;
  • (b) areas of the aerodrome that are not public areas but are not restricted areas; and
  • (c) restricted areas.

Requirement to consider advice

203. The operator of an aerodrome must, when establishing its airport security plan and when implementing that plan, consider the advice of its multi-agency advisory committee.

Approval

204. The Minister must approve an airport security plan submitted by the operator of an aerodrome if

  • (a) the plan meets the requirements of section 202;
  • (b) the plan is likely to be effective in enabling the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;
  • (c) the risk-management strategy is in proportion to the risks it addresses;
  • (d) the operator has considered the advice of its multi-agency advisory committee;
  • (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome;
  • (f) the additional safeguards can be implemented rapidly and consistently;
  • (g) the additional safeguards are consistent with existing rights and freedoms; and
  • (h) the plan can be implemented without compromising aviation security.

Requirement to amend

205. (1) The operator of an aerodrome must amend its airport security plan if

  • (a) the Minister identifies to the operator a gap in the plan;
  • (b) the Minister informs the operator that there is a change in the threat environment; or
  • (c) the operator identifies a gap in the plan.

Submission of amendment

(2) The operator of the aerodrome must, within 30 days after an occurrence set out in subsection (1), submit the amendment to the Minister for approval.

Approval

(3) The Minister must approve the airport security plan as amended if the requirements of section 204 continue to be met.

Emergency Plans

Plan requirements

206. (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

  • (a) bomb threats;
  • (b) hijackings of aircraft; and
  • (c) other acts of unlawful interference with civil aviation.

Response procedures

(2) The response procedures must

  • (a) set out in detail the actions to be taken by the operator of the aerodrome and all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;
  • (b) include detailed procedures for the evacuation of air terminal buildings;
  • (c) include detailed procedures for the search of air terminal buildings;
  • (d) include detailed procedures for the handling and disposal of a suspected bomb; and
  • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.
Security Exercises

Operations-based security exercise

207. (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
  • (b) tests the effectiveness of the additional safeguards in the menu of additional safeguards set out in the operator’s airport security plan.

Equivalency

(2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

Discussion-based security exercise

208. (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
  • (b) tests the effectiveness of the additional safeguards in the menu of additional safeguards set out in the operator’s airport security plan.

Exception

(2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.

Notice

209. The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.

Reports

Additional safeguards

210. (1) The operator of an aerodrome must prepare a written report each time additional safeguards are implemented at the aerodrome. The report must include

  • (a) a description of the additional safeguards that were implemented;
  • (b) an evaluation of the effectiveness of those additional safeguards; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.

Emergencies

(2) The operator of an aerodrome must prepare a written report each time an emergency referred to in subsection 206(1) occurs at the aerodrome. The report must include

  • (a) a description of the emergency;
  • (b) an evaluation of the effectiveness of the operator’s emergency plan; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

Exercises

(3) The operator of an aerodrome must prepare a written report on each security exercise that it carries out. The report must include

  • (a) an outline of the exercise scenario;
  • (b) an evaluation of the effectiveness of the exercise; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.
Corrective Actions

Corrective actions

211. Subject to section 212, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that

  • (a) is identified to the operator by the Minister; or
  • (b) is identified by the operator.

Corrective action plan

212. If a corrective action to be taken by the operator of an aerodrome under section 211 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;
  • (b) a rationale for the phased approach; and
  • (c) a timetable setting out when each phase of the corrective action plan will be completed.
Disclosure of Information

Prohibition

213. A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

17. Division 11 of Part 4 of the Regulations is replaced by the following:

DIVISION 11

PRIMARY SECURITY LINE PARTNERS
Overview

Division overview

224. This Division sets out the role of a primary security line partner in supporting the establishment and implementation of an effective airport security program by the operator of an aerodrome.

Security Official

Interpretation

225. A security official of a primary security line partner at an aerodrome is an individual who is responsible for

  • (a) coordinating and overseeing compliance with the regulatory requirements that apply to the partner under this Part; and
  • (b) acting as the principal contact between the partner, the operator of the aerodrome and the Minister with respect to security matters, including compliance with the regulatory requirements that apply to the partner under this Part.

Requirement

226. (1) A primary security line partner at an aerodrome must have, at all times, at least one security official or acting security official.

Contact information

(2) The primary security line partner must provide the operator of the aerodrome and the Minister with

  • (a) the name of each security official and acting security official; and
  • (b) 24-hour contact information for those officials.
Support for Airport Security Programs

Requirements

227. At each aerodrome where a primary security line partner carries out operations, the partner must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the partner’s employee groups and contractor groups that require access to restricted areas at the aerodrome in the course of their employment;
  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups and document how that information is communicated;
  • (c) establish, implement and document a security awareness program that promotes a culture of security vigilance and awareness among its employees if the security awareness program of the operator of the aerodrome does not cover matters that are unique to the partner’s operations;
  • (d) document the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line;
  • (e) create a document that
    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    • (ii) indicates the location of each restricted area access point in those areas, and
    • (iii) describes those restricted area access points;
  • (f) establish, implement and document a process for receiving, retaining, disclosing and disposing of sensitive information respecting aerodrome security in order to protect that information from unauthorized access; and
  • (g) receive, retain, disclose and dispose of sensitive information respecting aerodrome security in a manner that protects the information from unauthorized access.

[228 and 229 reserved]

Provision of Information

Provision to operator of aerodrome

230. (1) At each aerodrome where a primary security line partner carries out operations, the partner must provide the operator of the aerodrome with the information that is documented or created under section 227 on reasonable notice given by the operator.

Provision to Minister

(2) The primary security line partner must provide the Minister with the same information on reasonable notice given by the Minister.

[231 and 232 reserved]

Corrective Actions

Corrective actions

233. (1) Subject to section 234, a primary security line partner must immediately take corrective actions to address a vulnerability that contributes to an aerodrome-related security risk and that

  • (a) is identified to the partner by the Minister;
  • (b) is identified to the partner by the operator of the aerodrome where the partner carries out operations; or
  • (c) is identified by the partner.

Notification

(2) If a primary security line partner takes corrective actions at an aerodrome, the primary security line partner must immediately notify the operator of the aerodrome.

Corrective action plan

234. If a corrective action to be taken by a primary security line partner under section 233 involves a phased approach, the primary security line partner must provide the Minister and the operator of the aerodrome with a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;
  • (b) a rationale for the phased approach; and
  • (c) a timetable setting out when each phase of the corrective action plan will be completed.
Disclosure of Information

Prohibition

235. A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

18. Division 3 of Part 5 of the Regulations is replaced by the following:

DIVISION 3

AVSEC LEVELS
Overview

Division overview

260. This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

AVSEC Level Requirements

Additional safeguards

261. If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of the aerodrome, the operator of the aerodrome must immediately take the following actions:

  • (a) determine which additional safeguards are most likely to help mitigate the heightened risk condition;
  • (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;
  • (c) implement or continue to implement the additional safeguards; and
  • (d) notify the Minister of the additional safeguards that are being or will be implemented.

Notification

262. When the AVSEC level is lowered for an aerodrome or any part of the aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 261(b).

Legal powers and obligations

263. For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

[264 and 265 reserved]

19. The heading before section 269 of the Regulations is replaced by the following:

Security Official

20. The reference “[271 to 275 reserved]” after section 270 of the Regulations is replaced by the following:

Aerodrome Security Personnel

Initial training

271. (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

Training elements

(2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

  • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;
  • (b) the security controls and procedures at the aerodrome where the personnel are employed;
  • (c) systems and equipment at the aerodrome;
  • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;
  • (e) the recognition of items that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and
  • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

Grandfathering

(3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

Follow-up training

272. (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

  • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
  • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
  • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and
  • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

Follow-up training

(2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when a shortcoming is identified by the Minister or the operator in the member’s performance of an aerodrome-related security role or responsibility.

Training elements

(3) Follow-up training must include

  • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and
  • (b) instruction and evaluation in relation to that circumstance.

On-the-job training

273. If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1 or 2.

Training records

274. (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 271 or 272, there is a training record that includes

  • (a) a description of the individual’s aerodrome-related security roles and responsibilities;
  • (b) a description of all the training that the individual has received in accordance with section 271 or 272; and
  • (c) evaluation results for all the training that the individual has received in accordance with section 271 or 272.

Record keeping

(2) The operator of the aerodrome must keep the training record for at least two years.

Ministerial access

(3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.

[275 reserved]

21. Sections 277 and 278 of the Regulations are replaced by the following:

Passenger screening facilities

277. The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.

False declaration notice

278. (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare that

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

Official languages

(2) The notice must be clearly visible and be in at least both official languages.

22. Section 281 of the Regulations and the heading before it are replaced by the following:

Screening of Checked Baggage

Checked baggage screening facilities

281. The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.

23. Section 295 of the Regulations is replaced by the following:

Prohibition

295. (1) If a person has been given notice orally, in writing or by a sign that access to a part of an aerodrome is prohibited or limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

Restricted areas

(2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 to 8 are met.

Non-public areas other than restricted areas

(3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Non-public areas other than restricted areas

(4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

24. Subsection 298(2) of the Regulations is replaced by the following:

Pilot’s licence

(2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

  • (a) is acting in the course of their employment; or
  • (b) requires access to an aircraft that they own or operate.

25. Section 311 of the Regulations is amended by adding the following after subsection (1):

Reason for deactivation

(1.1) If the operator of an aerodrome asks CATSA to deactivate a restricted area identity card, the operator must inform CATSA of the reason for the request.

26. Section 323 of the Regulations is renumbered as subsection 323(1) and is amended by adding the following:

Display of temporary passes

(2) A person to whom a temporary pass has been issued must not enter or remain in a restricted area unless they visibly display the pass on their outer clothing at all times.

27. Section 330 of the Regulations is repealed.

28. Division 9 of Part 5 of the Regulations is replaced by the following:

DIVISION 9

AIRPORT SECURITY PROGRAMS
Overview

Division overview

345. This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

Interpretation

Processes and procedures

346. For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

Airport Security Program Requirement

Requirement to establish and implement

347. (1) The operator of an aerodrome must establish and implement an airport security program.

Program requirements

(2) As part of its airport security program, the operator of the aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;
  • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact;
  • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    • (i) persons who are employed at the aerodrome,
    • (ii) crew members who are based at the aerodrome, and
    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
  • (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
  • (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:
    • (i) persons who are employed at the aerodrome, and
    • (ii) persons who require access to the aerodrome in the course of their employment;
  • (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
  • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

Other program requirements

(3) The following also form part of the airport security program:

  • (a) the security official referred to in section 270;
  • (b) the aerodrome security personnel training referred to in sections 271 and 272;
  • (c) the security committee or other working group or forum referred to in section 351;
  • (d) if applicable, the multi-agency advisory committee referred to in section 354;
  • (e) if applicable, the airport security risk assessment referred to in section 355;
  • (f) if applicable, the airport security plan referred to in section 360;
  • (g) the menu of additional safeguards referred to in section 365;
  • (h) the emergency plan referred to in section 368; and
  • (i) the security exercises referred to in sections 369 and 370.

Prohibition

348. The operator of an aerodrome must not operate the aerodrome unless the operator’s menu of additional safeguards is approved by the Minister.

Documentation

349. (1) The operator of an aerodrome must

  • (a) keep documentation related to its menu of additional safeguards and, if applicable, to its airport security risk assessment and its airport security plan for at least ten years; and
  • (b) keep all other documentation related to its airport security program for at least two years.

Ministerial access

(2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

Requirement to amend

350. The operator of an aerodrome must amend its airport security program if

  • (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
  • (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.
Security Committee

Security committee

351. (1) The operator of an aerodrome must have a security committee or other working group or forum that

  • (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;
  • (b) helps coordinate the implementation of the controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and
  • (c) promotes the sharing of information respecting the airport security program.

Terms of reference

(2) The operator of the aerodrome must establish the security committee or other working group or forum in accordance with written terms of reference that

  • (a) identify its membership; and
  • (b) define the roles and responsibilities of each member.

Records

(3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum.

Multi-agency Advisory Committee, Airport Security Risk Assessments and Airport Security Plans

Application

352. (1) Subject to section 353, sections 354 to 364 apply to the operator of an aerodrome if

  • (a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 2 after the name of the aerodrome; or
  • (b) the Minister makes an order stating that sections 354 to 364 apply to the operator.

Minister’s authority

(2) The Minister is authorized to make orders stating that sections 354 to 364 apply to operators of aerodromes listed in Schedule 2.

Transition

353. (1) Sections 355, 356 and 360 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of

  • (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the name of the aerodrome comes into force, and
  • (b) the day on which a ministerial order stating that sections 354 to 364 apply to the operator comes into force.

Transition

(2) Section 360 does not apply to the operator of an aerodrome until the day that is 22 months after the earlier of

  • (a) the day on which an aviation security regulation adding an asterisk in Schedule 2 after the name of the aerodrome comes into force, and
  • (b) the day on which a ministerial order stating that sections 354 to 364 apply to the operator comes into force.

Multi-agency advisory committee

354. (1) The operator of an aerodrome must have a multi-agency advisory committee that

  • (a) advises the operator on its airport security risk assessment and its airport security plan; and
  • (b) promotes the sharing of sensitive information respecting aviation security at the aerodrome.

Membership

(2) The operator of the aerodrome must invite at least the following persons and organizations to be members of the multi-agency advisory committee:

  • (a) the Department of Transport regional director for aviation security;
  • (b) CATSA;
  • (c) the police service with jurisdiction at the aerodrome;
  • (d) the Royal Canadian Mounted Police;
  • (e) the Canadian Security Intelligence Service; and
  • (f) the Canada Border Services Agency.

Terms of reference

(3) The operator of the aerodrome must establish the multi-agency advisory committee in accordance with written terms of reference.

Records

(4) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee.

Airport security risk assessments

355. The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements:

  • (a) a threat assessment that evaluates the probability that aviation security incidents will occur at or near the aerodrome;
  • (b) a criticality assessment that lists, assesses, and prioritizes in their order of importance to the continuity of the operation of the aerodrome,
    • (i) persons, assets, operations and infrastructure at the aerodrome, and
    • (ii) infrastructure near the aerodrome;
  • (c) a vulnerability assessment that considers the extent to which a potential target is susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and
  • (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of
    • (i) a decrease in public safety and security,
    • (ii) financial and economic loss, and
    • (iii) a loss of public confidence.

Submission for approval

356. (1) The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval. After the first approval, the operator must submit the assessment to the Minister for approval at least once every five years and each time the operator amends the assessment as a result of a review conducted under subsection 358(3).

Interpretation

(2) For greater certainty, any approval of the airport security risk assessment by the Minister marks the start of a new five-year period for the purposes of subsection (1).

Requirement to consider advice

357. The operator of an aerodrome must consider the advice of its multi-agency advisory committee when the operator is

  • (a) preparing its airport security risk assessment for submission to the Minister for approval; and
  • (b) reviewing its airport security risk assessment.

Comprehensive review

358. (1) The operator of an aerodrome must conduct a comprehensive review of its airport security risk assessment at least once a year.

Targeted review

(2) The operator of the aerodrome must conduct a targeted review of its airport security risk assessment if

  • (a) a special event that poses a medium to high risk to aviation security is scheduled to take place at the aerodrome;
  • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;
  • (c) an environmental or operational change at or near the aerodrome poses a medium to high risk to aviation security;
  • (d) a change in regulatory requirements could have an impact on aerodrome security; or
  • (e) the operator identifies a vulnerability at the aerodrome.

Other reviews

(3) The operator of the aerodrome must also conduct a comprehensive or targeted review of its airport security risk assessment if the Minister

  • (a) informs the operator that there is a change in the threat environment; or
  • (b) identifies to the operator a vulnerability at the aerodrome that is not addressed by the assessment.

Documentation

(4) When the operator of the aerodrome conducts a comprehensive or targeted review of its airport security risk assessment, the operator must document

  • (a) any decision to amend or to not amend the assessment or the operator’s airport security plan;
  • (b) the reasons for that decision; and
  • (c) the factors that were taken into consideration in making that decision.

Approval

359. The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

  • (a) the assessment meets the requirements of section 355;
  • (b) the operator has considered the advice of its multi-agency advisory committee;
  • (c) the operator has considered all available and relevant information; and
  • (d) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

Airport security plan

360. The operator of an aerodrome must establish an airport security plan, submit it to the Minister for approval and implement it as soon as it is approved. The plan must

  • (a) summarize the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and
  • (b) include a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the most recent version of the operator’s airport security risk assessment.

Prohibition

361. The operator of an aerodrome must not operate the aerodrome unless the operator’s airport security plan is approved by the Minister.

Requirement to consider advice

362. The operator of an aerodrome must, when establishing its airport security plan and when implementing that plan, consider the advice of its multi-agency advisory committee.

Approval

363. The Minister must approve an airport security plan submitted by the operator of an aerodrome if

  • (a) the plan meets the requirements of section 360;
  • (b) the plan is likely to be effective in enabling the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;
  • (c) the risk-management strategy is in proportion to the risks it addresses;
  • (d) the operator has considered the advice of its multi-agency advisory committee;
  • (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and
  • (f) the plan can be implemented without compromising aviation security.

Requirement to amend

364. (1) The operator of an aerodrome must amend its airport security plan if

  • (a) the Minister identifies to the operator a gap in the plan;
  • (b) the Minister informs the operator that there is a change in the threat environment; or
  • (c) the operator identifies a gap in the plan.

Submission of amendment

(2) The operator of the aerodrome must, within 30 days after an occurrence set out in subsection (1), submit the amendment to the Minister for approval.

Approval

(3) The Minister must approve the airport security plan as amended if the requirements of section 363 continue to be met.

Menu of Additional Safeguards

Requirement to submit

365. (1) For the purposes of section 261, the operator of an aerodrome must submit to the Minister, for approval, a menu of additional safeguards that are

  • (a) intended to mitigate heightened risk conditions in a graduated manner; and
  • (b) consistent with the operator’s legal powers and obligations.

Menu requirements

(2) The menu of additional safeguards must

  • (a) allow for the rapid selection of additional safeguards by activity type or location; and
  • (b) indicate the persons and organizations responsible for implementing each additional safeguard.

Activity types

(3) For the purposes of paragraph (2)(a), the activity types must include

  • (a) access controls;
  • (b) monitoring and patrolling;
  • (c) communications; and
  • (d) other operational controls.

Locations

(4) For the purposes of paragraph (2)(a), the locations must include

  • (a) public areas of the aerodrome;
  • (b) areas of the aerodrome that are not public areas but are not restricted areas; and
  • (c) restricted areas.

Approval

366. The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if

  • (a) the menu meets the requirements of section 365;
  • (b) the additional safeguards can be implemented rapidly and consistently;
  • (c) the additional safeguards are consistent with existing rights and freedoms; and
  • (d) the additional safeguards can be implemented without compromising aviation security.

Requirement to amend

367. (1) The operator of an aerodrome must amend its menu of additional safeguards if

  • (a) the Minister identifies to the operator a gap in the menu;
  • (b) the Minister informs the operator that there is a change in the threat environment;
  • (c) the operator identifies a gap in the menu; or
  • (d) a change that affects the additional safeguards is made in the aviation security provisions of the Act or in regulatory requirements.

Submission of amendment

(2) The operator of the aerodrome must, within 30 days after an occurrence set out in subsection (1), submit the amendment to the Minister for approval.

Approval

(3) The Minister must approve the menu of additional safeguards as amended if the requirements of section 366 continue to be met.

Emergency Plans

Plan requirements

368. (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

  • (a) bomb threats;
  • (b) hijackings of aircraft; and
  • (c) other acts of unlawful interference with civil aviation.

Response procedures

(2) The response procedures must

  • (a) set out in detail the actions to be taken by the operator of the aerodrome and all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;
  • (b) include detailed procedures for the evacuation of air terminal buildings;
  • (c) include detailed procedures for the search of air terminal buildings;
  • (d) include detailed procedures for the handling and disposal of a suspected bomb; and
  • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Security Exercises

Operations-based security exercise

369. (1) The operator of an aerodrome must, at least once every two years, carry out an operations-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
  • (b) tests the effectiveness of the additional safeguards that are set out in the operator’s menu of additional safeguards.

Equivalency

(2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

Discussion-based security exercise

370. (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
  • (b) tests the effectiveness of the additional safeguards that are set out in the operator’s menu of additional safeguards.

Exception

(2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.

Notice

371. The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.

Reports

Additional safeguards

372. (1) The operator of an aerodrome must prepare a written report each time additional safeguards are implemented at the aerodrome. The report must include

  • (a) a description of the additional safeguards that were implemented;
  • (b) an evaluation of the effectiveness of those additional safeguards; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.

Emergencies

(2) The operator of an aerodrome must prepare a written report each time an emergency referred to in subsection 368(1) occurs at the aerodrome. The report must include

  • (a) a description of the emergency;
  • (b) an evaluation of the effectiveness of the operator’s emergency plan; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

Exercises

(3) The operator of an aerodrome must prepare a written report on each security exercise that it carries out. The report must include

  • (a) an outline of the exercise scenario;
  • (b) an evaluation of the effectiveness of the exercise; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

Corrective Actions

Corrective actions

373. Subject to section 374, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that

  • (a) is identified to the operator by the Minister; or
  • (b) is identified by the operator.

Corrective action plan

374. If a corrective action to be taken by the operator of an aerodrome under section 373 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;
  • (b) a rationale for the phased approach; and
  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

Primary Security Line Partners

Provision of information to operators of aerodromes

375. (1) For the purpose of supporting the establishment and implementation by the operator of an aerodrome of an airport security program, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with

  • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and
  • (b) a document that
    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    • (ii) indicates the location of each restricted area access point in those areas, and
    • (iii) describes those restricted area access points.

Provision of information to Minister

(2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.

[376 to 379 reserved]

Disclosure of Information

Prohibition

380. A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

29. Division 3 of Part 6 of the Regulations is replaced by the following:

DIVISION 3

AVSEC LEVELS

Overview

Division overview

415. This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions.

AVSEC Level Requirements

Additional safeguards

416. If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of the aerodrome, the operator of the aerodrome must immediately take the following actions:

  • (a) determine which additional safeguards are most likely to help mitigate the heightened risk condition;
  • (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition;
  • (c) implement or continue to implement the additional safeguards; and
  • (d) notify the Minister of the additional safeguards that are being or will be implemented.

Notification

417. When the AVSEC level is lowered for an aerodrome or any part of the aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 416(b).

Legal powers and obligations

418. For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations.

[419 and 420 reserved]

30. The heading before section 424 of the Regulations is replaced by the following:

Security Official

31. The reference “[426 to 430 reserved]” after section 425 of the Regulations is replaced by the following:

Aerodrome Security Personnel

Initial training

426. (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility.

Training elements

(2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel:

  • (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements;
  • (b) the security controls and procedures at the aerodrome where the personnel are employed;
  • (c) systems and equipment at the aerodrome;
  • (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation;
  • (e) the recognition of items that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and
  • (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation.

Grandfathering

(3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training.

Follow-up training

427. (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise:

  • (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
  • (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel;
  • (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and
  • (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel.

Follow-up training

(2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when a shortcoming is identified by the Minister or the operator in the member’s performance of an aerodrome-related security role or responsibility.

Training elements

(3) Follow-up training must include

  • (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and
  • (b) instruction and evaluation in relation to that circumstance.

On-the-job training

428. If, at an aerodrome, the initial or follow-up training of aerodrome security personnel includes on-the-job training, the operator of the aerodrome must ensure that the on-the-job training is provided by a person who has received that same training or has significant experience working as a member of the aerodrome security personnel at an aerodrome listed in Schedule 1, 2 or 3.

Training records

429. (1) The operator of an aerodrome must ensure that, for each individual who receives training in accordance with section 426 or 427, there is a training record that includes

  • (a) a description of the individual’s aerodrome-related security roles and responsibilities;
  • (b) a description of all the training that the individual has received in accordance with section 426 or 427; and
  • (c) evaluation results for all the training that the individual has received in accordance with section 426 or 427.

Record keeping

(2) The operator of the aerodrome must keep the training record for at least two years.

Ministerial access

(3) The operator of the aerodrome must make the training record available to the Minister on reasonable notice given by the Minister.

[430 reserved]

32. Sections 432 and 433 of the Regulations are replaced by the following:

Passenger screening facilities

432. The operator of an aerodrome must make facilities available for passenger screening checkpoints and must make at least one facility available for the private screening of passengers.

False declaration notice

433. (1) The operator of an aerodrome must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare that

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

Official languages

(2) The notice must be clearly visible and be in at least both official languages.

33. Section 435 of the Regulations and the heading before it are replaced by the following:

Screening of Checked Baggage

Checked baggage screening facilities

435. The operator of an aerodrome must make facilities available for the screening of checked baggage and baggage intended to be checked baggage.

34. Section 449 of the Regulations is replaced by the following:

Prohibition

449. (1) If a person has been given notice orally, in writing or by a sign that access to a part of an aerodrome is prohibited or limited to authorized persons, the person must not enter or remain in that part of the aerodrome without authorization.

Restricted areas

(2) The operator of an aerodrome may authorize a person to enter or remain in a restricted area if the requirements of Divisions 6 and 7 are met.

Non-public areas other than restricted areas

(3) The operator of an aerodrome may authorize a person to enter or remain in a part of the aerodrome that is not a public area but is not a restricted area if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

Non-public areas other than restricted areas

(4) A lessee at an aerodrome who has the use of, or is responsible for, a part of the aerodrome that is not a public area but is not a restricted area may authorize a person to enter or remain in that part of the aerodrome if the safety of the aerodrome, persons at the aerodrome and aircraft is not jeopardized.

35. Subsection 452(2) of the Regulations is replaced by the following:

Pilot’s licence

(2) A pilot’s licence issued under the Canadian Aviation Regulations is a document of entitlement for a restricted area that is used by general aviation, if the holder of the licence also holds a valid medical certificate of a category that is appropriate for that licence and

  • (a) is acting in the course of their employment; or
  • (b) requires access to an aircraft that they own or operate.

36. Division 8 of Part 6 of the Regulations is replaced by the following:

DIVISION 8

AIRPORT SECURITY PROGRAMS

Overview

Division overview

453. This Division sets out the regulatory framework for promoting a comprehensive, coordinated and integrated approach to airport security. The processes required under this Division are intended to facilitate the establishment and implementation of effective airport security programs that reflect the circumstances of each aerodrome.

Interpretation

Processes and procedures

454. For greater certainty, any reference to a process in this Division includes the procedures, if any, that are necessary to implement that process.

Airport Security Program Requirements

Requirement to establish and implement

455. (1) The operator of an aerodrome must establish and implement an airport security program.

Program requirements

(2) As part of its airport security program, the operator of the aerodrome must

  • (a) define and document the aerodrome-related security roles and responsibilities assigned to each of the operator’s employee groups and contractor groups;
  • (b) communicate the information referred to in paragraph (a) to the employees and contractors in those groups;
  • (c) have a security policy statement that establishes an overall commitment and direction for aerodrome security and sets out the operator’s security objectives;
  • (d) communicate the security policy statement in an accessible manner to all persons who are employed at the aerodrome or who require access to the aerodrome in the course of their employment;
  • (e) establish and implement a process for responding to aerodrome-related security incidents and breaches in a coordinated manner that is intended to minimize their impact;
  • (f) establish and implement a security awareness program that promotes a culture of security vigilance and awareness among the following persons:
    • (i) persons who are employed at the aerodrome,
    • (ii) crew members who are based at the aerodrome, and
    • (iii) persons, other than crew members, who require access to the aerodrome in the course of their employment;
  • (g) assess and disseminate risk information within the operator’s organization for the purpose of informed decision-making about aviation security;
  • (h) establish and implement a process for receiving, retaining, disclosing and disposing of sensitive information respecting aviation security in order to protect that information from unauthorized access;
  • (i) receive, retain, disclose and dispose of sensitive information respecting aviation security in a manner that protects the information from unauthorized access;
  • (j) disclose sensitive information respecting aviation security to the following persons if they have been assigned aerodrome-related security roles and responsibilities and require the information to carry out those roles and responsibilities:
    • (i) persons who are employed at the aerodrome, and
    • (ii) persons who require access to the aerodrome in the course of their employment;
  • (k) have a current scale map of the aerodrome that identifies all restricted areas, security barriers and restricted area access points; and
  • (l) document how the operator achieves compliance with the aviation security provisions of the Act and the regulatory requirements that apply to the operator.

Other program requirements

(3) The following also form part of the airport security program:

  • (a) the security official referred to in section 425;
  • (b) the aerodrome security personnel training referred to in sections 426 and 427;
  • (c) the security committee or other working group or forum referred to in section 459;
  • (d) if applicable, the airport security risk assessment referred to in section 462;
  • (e) if applicable, the airport security plan referred to in section 467;
  • (f) the menu of additional safeguards referred to in section 472;
  • (g) the emergency plan referred to in section 475; and
  • (h) the security exercises referred to in sections 476 and 477.

Prohibition

456. The operator of an aerodrome must not operate the aerodrome unless the operator’s menu of additional safeguards is approved by the Minister.

Documentation

457. (1) The operator of an aerodrome must

  • (a) keep documentation related to its menu of additional safeguards and, if applicable, to its airport security risk assessment and its airport security plan for at least ten years; and
  • (b) keep all other documentation related to its airport security program for at least two years.

Ministerial access

(2) The operator of the aerodrome must make the documentation available to the Minister on reasonable notice given by the Minister.

Requirement to amend

458. The operator of an aerodrome must amend its airport security program if

  • (a) an aviation security risk that is not addressed by the program is identified to the operator by the Minister; or
  • (b) the operator identifies an aviation security risk at the aerodrome that is not addressed by the program.

Security Committee

Security committee

459. (1) The operator of an aerodrome must have a security committee or other working group or forum that

  • (a) advises the operator on the development of controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator;
  • (b) helps coordinate the implementation of the controls and processes that are required at the aerodrome in order to comply with the aviation security provisions of the Act and the regulatory requirements that apply to the operator; and
  • (c) promotes the sharing of information respecting the airport security program.

Terms of reference

(2) The operator of the aerodrome must establish the security committee or other working group or forum in accordance with written terms of reference that

  • (a) identify its membership; and
  • (b) define the roles and responsibilities of each member.

Records

(3) The operator of the aerodrome must keep records of the activities and decisions of the security committee or other working group or forum.

Airport Security Risk Assessments and Airport Security Plans

Application

460. (1) Subject to section 461, sections 462 to 471 apply to the operator of an aerodrome if

  • (a) the Governor in Council makes an aviation security regulation adding an asterisk in Schedule 3 after the name of the aerodrome; or
  • (b) the Minister makes an order stating that sections 462 to 471 apply to the operator.

Minister’s authority

(2) The Minister is authorized to make orders stating that sections 462 to 471 apply to operators of aerodromes listed in Schedule 3.

Transition

461. (1) Sections 462, 463 and 467 do not apply to the operator of an aerodrome until the day that is 10 months after the earlier of

  • (a) the day on which an aviation security regulation adding an asterisk in Schedule 3 after the name of the aerodrome comes into force, and
  • (b) the day on which a ministerial order stating that sections 462 to 471 apply to the operator comes into force.

Transition

(2) Section 468 does not apply to the operator of an aerodrome until the day that is 22 months after the earlier of

  • (a) the day on which an aviation security regulation adding an asterisk in Schedule 3 after the name of the aerodrome comes into force, and
  • (b) the day on which a ministerial order stating that sections 462 to 471 apply to the operator comes into force.

Airport security risk assessments

462. The operator of an aerodrome must have an airport security risk assessment that identifies, assesses and prioritizes aviation security risks and that includes the following elements:

  • (a) a threat assessment that evaluates the probability that aviation security incidents will occur at or near the aerodrome;
  • (b) a criticality assessment that lists, assesses, and prioritizes in their order of importance to the continuity of the operation of the aerodrome,
    • (i) persons, assets, operations and infrastructure at the aerodrome, and
    • (ii) infrastructure near the aerodrome;
  • (c) a vulnerability assessment that considers the extent to which a potential target is susceptible to loss or damage and that evaluates this susceptibility in the context of the threat assessment; and
  • (d) an impact assessment that, at a minimum, measures the consequences of an aviation security incident or potential aviation security incident in terms of
    • (i) a decrease in public safety and security,
    • (ii) financial and economic loss, and
    • (iii) a loss of public confidence.

Submission for approval

463. (1) The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval. After the first approval, the operator must submit the assessment to the Minister for approval at least once every five years and each time the operator amends the assessment as a result of a review conducted under subsection 465(3).

Interpretation

(2) For greater certainty, any approval of the airport security risk assessment by the Minister marks the start of a new five-year period for the purposes of subsection (1).

Requirement to consider advice

464. The operator of an aerodrome must consider the advice of its security committee or other working group or forum when the operator is

  • (a) preparing its airport security risk assessment for submission to the Minister for approval; and
  • (b) reviewing its airport security risk assessment.

Comprehensive review

465. (1) The operator of an aerodrome must conduct a comprehensive review of its airport security risk assessment at least once a year.

Targeted review

(2) The operator of the aerodrome must conduct a targeted review of its airport security risk assessment if

  • (a) a special event that poses a medium to high risk to aviation security is scheduled to take place at the aerodrome;
  • (b) the operator is planning a change to the physical layout or operation of the aerodrome that could affect aviation security at the aerodrome;
  • (c) an environmental or operational change at or near the aerodrome poses a medium to high risk to aviation security;
  • (d) a change in regulatory requirements could have an impact on aerodrome security; or
  • (e) the operator identifies a vulnerability at the aerodrome.

Other reviews

(3) The operator of the aerodrome must also conduct a comprehensive or targeted review of its airport security risk assessment if the Minister

  • (a) informs the operator that there is a change in the threat environment; or
  • (b) identifies to the operator a vulnerability at the aerodrome that is not addressed by the assessment.

Documentation

(4) When the operator of the aerodrome conducts a comprehensive or targeted review of its airport security risk assessment, the operator must document

  • (a) any decision to amend or to not amend the assessment or the operator’s airport security plan;
  • (b) the reasons for that decision; and
  • (c) the factors that were taken into consideration in making that decision.

Approval

466. The Minister must approve an airport security risk assessment submitted by the operator of an aerodrome if

  • (a) the assessment meets the requirements of section 462;
  • (b) the operator has considered the advice of its security committee or other working group or forum;
  • (c) the operator has considered all available and relevant information; and
  • (d) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome.

Airport security plan

467. The operator of an aerodrome must establish an airport security plan, submit it to the Minister for approval and implement it as soon as it is approved. The plan must

  • (a) summarize the operator’s strategy to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; and
  • (b) include a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the most recent version of the operator’s airport security risk assessment.

Prohibition

468. The operator of an aerodrome must not operate the aerodrome unless the operator’s airport security plan is approved by the Minister.

Requirement to consider advice

469. The operator of an aerodrome must, when establishing its airport security plan and when implementing that plan, consider the advice of its security committee or other working group or forum.

Approval

470. The Minister must approve an airport security plan submitted by the operator of an aerodrome if

  • (a) the plan meets the requirements of section 467;
  • (b) the plan is likely to be effective in enabling the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation;
  • (c) the risk-management strategy is in proportion to the risks it addresses;
  • (d) the operator has considered the advice of its security committee or other working group or forum;
  • (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; and
  • (f) the plan can be implemented without compromising aviation security.

Requirement to amend

471. (1) The operator of an aerodrome must amend its airport security plan if

  • (a) the Minister identifies to the operator a gap in the plan;
  • (b) the Minister informs the operator that there is a change in the threat environment; or
  • (c) the operator identifies a gap in the plan.

Submission of amendment

(2) The operator of the aerodrome must, within 30 days after an occurrence set out in subsection (1), submit the amendment to the Minister for approval.

Approval

(3) The Minister must approve the airport security plan as amended if the requirements of section 470 continue to be met.

Menu of Additional Safeguards

Requirement to submit

472. (1) For the purposes of section 416, the operator of an aerodrome must submit to the Minister, for approval, a menu of additional safeguards that are

  • (a) intended to mitigate heightened risk conditions in a graduated manner; and
  • (b) consistent with the operator’s legal powers and obligations.

Menu requirements

(2) The menu of additional safeguards must

  • (a) allow for the rapid selection of additional safeguards by activity type or location; and
  • (b) indicate the persons and organizations responsible for implementing each additional safeguard.

Activity types

(3) For the purposes of paragraph (2)(a), the activity types must include

  • (a) access controls;
  • (b) monitoring and patrolling;
  • (c) communications; and
  • (d) other operational controls.

Locations

(4) For the purposes of paragraph (2)(a), the locations must include

  • (a) public areas of the aerodrome;
  • (b) areas of the aerodrome that are not public areas but are not restricted areas; and
  • (c) restricted areas.

Approval

473. The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if

  • (a) the menu meets the requirements of section 472;
  • (b) the additional safeguards can be implemented rapidly and consistently;
  • (c) the additional safeguards are consistent with existing rights and freedoms; and
  • (d) the additional safeguards can be implemented without compromising aviation security.

Requirement to amend

474. (1) The operator of an aerodrome must amend its menu of additional safeguards if

  • (a) the Minister identifies to the operator a gap in the menu;
  • (b) the Minister informs the operator that there is a change in the threat environment;
  • (c) the operator identifies a gap in the menu; or
  • (d) a change that affects the additional safeguards is made in the aviation security provisions of the Act or in regulatory requirements.

Submission of amendment

(2) The operator of the aerodrome must, within 30 days after an occurrence set out in subsection (1), submit the amendment to the Minister for approval.

Approval

(3) The Minister must approve the menu of additional safeguards as amended if the requirements of section 473 continue to be met.

Emergency Plans

Plan requirements

475. (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

  • (a) bomb threats;
  • (b) hijackings of aircraft; and
  • (c) other acts of unlawful interference with civil aviation.

Response procedures

(2) The response procedures must

  • (a) set out in detail the actions to be taken by the operator of the aerodrome and all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;
  • (b) include detailed procedures for the evacuation of air terminal buildings;
  • (c) include detailed procedures for the search of air terminal buildings;
  • (d) include detailed procedures for the handling and disposal of a suspected bomb; and
  • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Security Exercises

Operations-based security exercise

476. (1) The operator of an aerodrome must, at least once every four years, carry out an operations-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
  • (b) tests the effectiveness of the additional safeguards that are set out in the operator’s menu of additional safeguards.

Equivalency

(2) If, in response to an aviation security incident, the Minister raises the AVSEC level for an aerodrome or any part of an aerodrome, the implementation of additional safeguards by the operator of the aerodrome counts as an operations-based security exercise for the purposes of subsection (1).

Discussion-based security exercise

477. (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that

  • (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and
  • (b) tests the effectiveness of the additional safeguards that are set out in the operator’s menu of additional safeguards.

Exception

(2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise.

Notice

478. The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out.

Reports

Additional safeguards

479. (1) The operator of an aerodrome must prepare a written report each time additional safeguards are implemented at the aerodrome. The report must include

  • (a) a description of the additional safeguards that were implemented;
  • (b) an evaluation of the effectiveness of those additional safeguards; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards.

Emergencies

(2) The operator of an aerodrome must prepare a written report each time an emergency referred to in subsection 475(1) occurs at the aerodrome. The report must include

  • (a) a description of the emergency;
  • (b) an evaluation of the effectiveness of the operator’s emergency plan; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

Exercises

(3) The operator of an aerodrome must prepare a written report on each security exercise that it carries out. The report must include

  • (a) an outline of the exercise scenario;
  • (b) an evaluation of the effectiveness of the exercise; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

Corrective Actions

Corrective actions

480. Subject to section 481, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that

  • (a) is identified to the operator by the Minister; or
  • (b) is identified by the operator.

Corrective action plan

481. If a corrective action to be taken by the operator of an aerodrome under section 480 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out

  • (a) the nature of the vulnerability to be addressed;
  • (b) a rationale for the phased approach; and
  • (c) a timetable setting out when each phase of the corrective action plan will be completed.

Primary Security Line Partners

Provision of information to operators of aerodromes

482. (1) For the purpose of supporting the establishment and implementation by the operator of an aerodrome of an airport security program, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with

  • (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and
  • (b) a document that
    • (i) describes each area on the aerodrome’s primary security line that is occupied by the partner,
    • (ii) indicates the location of each restricted area access point in those areas, and
    • (iii) describes those restricted area access points.

Provision of information to Minister

(2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister.

[483 reserved]

Disclosure of Information

Prohibition

484. A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction.

37. The heading before section 517 of the Regulations is replaced by the following:

Emergency Plans and Security Exercises

38. Sections 517 to 519 of the Regulations are replaced by the following:

Plan requirements

517. (1) The operator of an aerodrome must establish an emergency plan that sets out the response procedures to be followed at the aerodrome for coordinated responses to the following emergencies:

  • (a) bomb threats; and
  • (b) hijackings of aircraft.

Response procedures

(2) The response procedures must

  • (a) set out in detail the actions to be taken by the operator of the aerodrome and all other persons or organizations involved, including, as applicable, the police, emergency response providers, air carriers, emergency coordination centre personnel and control tower or flight service station personnel;
  • (b) include, if applicable, detailed procedures for the evacuation of air terminal buildings;
  • (c) include, if applicable, detailed procedures for the search of air terminal buildings;
  • (d) include detailed procedures for the handling and disposal of a suspected bomb; and
  • (e) include detailed procedures for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

Discussion-based security exercise

518. The operator of an aerodrome, must, at least once a year, carry out a discussion-based security exercise that tests the effectiveness of the operator’s emergency plan in response to a bomb threat or a hijacking of an aircraft and involves the persons and organizations referred to in the plan.

Emergency reports

519. (1) The operator of an aerodrome must prepare a written report each time an emergency referred to in subsection 517(1) occurs at the aerodrome. The report must include

  • (a) a description of the emergency;
  • (b) an evaluation of the effectiveness of the operator’s emergency plan; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the emergency.

Exercise reports

(2) The operator of an aerodrome must prepare a written report on each security exercise that it carries out. The report must include

  • (a) an outline of the exercise scenario;
  • (b) an evaluation of the effectiveness of the exercise; and
  • (c) a description of any actions that are planned in order to address deficiencies identified during the exercise.

Ministerial access

(3) The operator of an aerodrome must make the reports referred to in subsections (1) and (2) available to the Minister on reasonable notice given by the Minister.

39. Subsection 527(1) of the Regulations is replaced by the following:

Transport of loaded firearms

527. (1) An air carrier must not knowingly allow a person, other than a Canadian in-flight security officer who is acting in the course of their duties, to transport a loaded firearm on board an aircraft.

40. (1) Paragraph 531(a) of the English version of the Regulations is replaced by the following:

  • (a) the peace officer, while acting in the course of their duties, requires access to the firearm immediately before, during or immediately after the flight;

(2) Section 531 of the Regulations is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

  • (f) the air carrier provides the peace officer with the original or a copy of the completed version of the form referred to in paragraph (d).

41. Paragraphs 532(1)(a) and (b) of the Regulations are replaced by the following:

  • (a) inform the pilot-in-command of the aircraft by means of the original or a copy of the completed form referred to in paragraph 531(d); and
  • (b) subject to subsection (2), inform the crew members assigned to the flight or the aircraft and any other peace officer on board the aircraft.

42. The heading before section 766 of the Regulations is replaced by the following:

DIVISION 1

IDENTITY VERIFICATION SYSTEM

43. The reference “[768 to 796 reserved]” after section 767 of the Regulations is replaced by the following:

DIVISION 2

AVSEC LEVELS

Application

768. This Division applies in respect of aerodromes listed in Schedules 1 to 3 or in respect of any part of those aerodromes.

Level 1

769. Unless it is raised, lowered or maintained in accordance with this Division, the AVSEC level for an aerodrome or any part of an aerodrome is level 1. At that level, normal operating conditions apply.

Level 2

770. The Minister must raise or lower to level 2 the AVSEC level for an aerodrome or any part of an aerodrome if

  • (a) the Minister is made aware of a heightened risk condition related to an elevated risk; and
  • (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

Level 3

771. The Minister must raise to level 3 the AVSEC level for an aerodrome or any part of an aerodrome if

  • (a) the Minister is made aware of a heightened risk condition related to a critical or imminent risk; and
  • (b) it is likely, based on available information, that additional safeguards at the aerodrome or a part of the aerodrome will mitigate the heightened risk condition.

Requirement to lower level

772. The Minister must, as soon as a heightened risk condition no longer applies, lower to level 1 an AVSEC level that has been raised for an aerodrome or any part of an aerodrome.

Maintaining a level

773. The Minister is authorized to maintain an AVSEC level that has been raised for an aerodrome or any part of an aerodrome if the criteria for raising the AVSEC level continue to apply.

Notification

774. If the Minister raises, lowers or maintains the AVSEC level for an aerodrome or any part of an aerodrome, the Minister must immediately notify the operator of the aerodrome. The notice must

  • (a) include information about the heightened risk condition; and
  • (b) specify a date on which the AVSEC level is likely to return to level 1.

Multiple aerodromes

775. For greater certainty, nothing in this Division prohibits the Minister from raising, lowering or maintaining the AVSEC level for more than one aerodrome at a time.

[776 to 796 reserved]

44. Section 800 of the Regulations is replaced by the following:

Notice requirements

800. A notice referred to in subsection 7.7(1) of the Act must

  • (a) be in writing;
  • (b) set out the particulars of the alleged contravention;
  • (c) state that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
  • (d) state that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
  • (e) state that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
  • (f) state that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

45. Part 15 of the Regulations is replaced by the following:

PART 15

TRANSITIONAL PROVISIONS

CLASS 1 AERODROMES

Operators

801. (1) The following provisions do not apply to the operator of an aerodrome until the day that is eight months after the day on which this section comes into force:

  • (a) paragraph 191(3)(e);
  • (b) section 202;
  • (c) section 205;
  • (d) paragraph 207(1)(b); and
  • (e) paragraph 208(1)(b).

Operators

(2) The following provisions do not apply to the operator of an aerodrome until the day that is 12 months after the day on which this section comes into force:

  • (a) sections 97 and 98;
  • (b) section 192; and
  • (c) subsection 210(1).

CLASS 2 AERODROMES

Operators

802. (1) The following provisions do not apply to the operator of an aerodrome until the day that is nine months after the day on which this section comes into force:

  • (a) paragraph 347(3)(f);
  • (b) section 365;
  • (c) section 367;
  • (d) paragraph 369(1)(b); and
  • (e) paragraph 370(1)(b).

Operators

(2) The following provisions do not apply to the operator of an aerodrome until the day that is 12 months after the day on which this section comes into force:

  • (a) sections 261 and 262;
  • (b) section 348; and
  • (c) subsection 372(1).

CLASS 3 AERODROMES

Operators

803. (1) The following provisions do not apply to the operator of an aerodrome until the day that is 10 months after the day on which this section comes into force:

  • (a) paragraph 455(3)(e);
  • (b) section 472;
  • (c) section 474;
  • (d) paragraph 476(1)(b); and
  • (e) paragraph 477(1)(b).

Operators

(2) The following provisions do not apply to the operator of an aerodrome until the day that is 12 months after the day on which this section comes into force:

  • (a) sections 416 and 417;
  • (b) section 456; and
  • (c) subsection 479(1).

MINISTERIAL POWERS AND DUTIES

Minister

804. Division 2 of Part 13 does not apply until the day that is 12 months after the day on which this section comes into force.

46. Schedule 1 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 1” with the following:

(Paragraph 2(d) and sections 3, 6, 82, 83, 117, 273, 428, 505, 506, 508, 516 and 768)

47. Schedule 2 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 2” with the following:

(Paragraph 2(e), sections 3, 246, 247, 273 and 352, paragraphs 353(1)(a) and (2)(a) and sections 428, 505, 506, 508, 516 and 768)

48. Schedule 3 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 3” with the following:

(Paragraph 2(f), sections 401, 402, 428 and 460, paragraphs 461(1)(a) and (2)(a) and sections 505, 506, 508, 516 and 768)

49. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 95”:

Column 1





Designated Provision
Column 2


Maximum Amount Payable ($)

Individual
Column 3


Maximum Amount Payable ($)

Corporation

DIVISION 3 — AVSEC LEVELS

   

Section 97

 

25,000

Section 98

 

10,000

50. The references “Subsection 114(1)” and “Subsection 114(2)” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 115(1)

25,000

Subsection 116(1)

25,000

Subsection 116(2)

25,000

Section 117

25,000

Subsection 118(1)

10,000

Subsection 118(2)

10,000

Subsection 118(3)

10,000

51. The references “Subsection 121(1)” and “Section 122” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Section 121

25,000

Subsection 122(1)

25,000

52. The reference “Subsection 125(1)” in column 1 of Schedule 4 to the Regulations and the corresponding amount in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Section 125

25,000

53. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 155(1)”:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 155(1.1)

 

25,000

54. The reference “Section 167” in column 1 of Schedule 4 to the Regulations and the corresponding amount in column 2 are replaced by the following:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Subsection 167(1)

5,000

Subsection 167(2)

5,000

55. The reference “Section 174” in column 1 of Schedule 4 to the Regulations and the corresponding amount in column 3 are repealed.

56. The references “Paragraph 191(2)(m)” to “Subsection 193(1)” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Paragraph 193(1)(a)

25,000

Paragraph 193(1)(b)

10,000

57. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 195(3)”:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 196(1)

 

25,000

Subsection 196(2)

 

10,000

Subsection 196(3)

 

10,000

Subsection 196(4)

 

10,000

Section 197

 

25,000

Section 198

 

25,000

Section 199

 

25,000

Subsection 200(1)

 

25,000

Subsection 200(2)

 

25,000

Subsection 200(3)

 

25,000

Subsection 200(4)

 

10,000

Subsection 202(1)

 

25,000

Section 203

 

25,000

Subsection 205(1)

 

25,000

Subsection 205(2)

 

25,000

58. The references “Subsection 206(3)” and “Section 210” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 206(1)

25,000

Subsection 207(1)

25,000

Subsection 208(1)

25,000

Section 209

10,000

Subsection 210(1)

10,000

Subsection 210(2)

10,000

Subsection 210(3)

10,000

59. The reference “Subsection 212(1)” in column 1 of Schedule 4 to the Regulations and the corresponding amount in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Section 212

25,000

60. The references “Paragraph 225(a)” to “Subsection 235(1)” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in columns 2 and 3 are replaced by the following:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 226(1)

5,000

25,000

Subsection 226(2)

5,000

25,000

Paragraph 227(a)

5,000

25,000

Paragraph 227(b)

5,000

25,000

Paragraph 227(c)

5,000

25,000

Paragraph 227(d)

5,000

25,000

Paragraph 227(e)

5,000

25,000

Paragraph 227(f)

5,000

25,000

Paragraph 227(g)

5,000

25,000

Subsection 230(1)

5,000

25,000

Subsection 230(2)

5,000

25,000

Subsection 233(1)

5,000

25,000

Subsection 233(2)

5,000

25,000

Section 234

5,000

25,000

Section 235

5,000

25,000

61. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 259”:

Column 1




Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

DIVISION 3 — AVSEC LEVELS

   

Section 261

 

25,000

Section 262

 

10,000

62. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 270(2)”:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 271(1)

 

25,000

Subsection 272(1)

 

25,000

Subsection 272(2)

 

25,000

Section 273

 

25,000

Subsection 274(1)

 

10,000

Subsection 274(2)

 

10,000

Subsection 274(3)

 

10,000

63. The references “Subsection 277(1)” and “Section 278” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Section 277

25,000

Subsection 278(1)

25,000

64. The reference “Subsection 281(1)” in column 1 of Schedule 4 to the Regulations and the corresponding amount in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Section 281

25,000

65. The portion of column 2 of Schedule 4 to the Regulations opposite the references “Subsection 290(1)” and “Subsection 290(2)” in column 1 is replaced by the following:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Subsection 290(1)

5,000

Subsection 290(2)

5,000

66. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 311(1)”:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 311(1.1)

 

25,000

67. The reference “Section 323” in column 1 of Schedule 4 to the Regulations and the corresponding amount in column 2 are replaced by the following:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Subsection 323(1)

5,000

Subsection 323(2)

5,000

68. The reference “Section 330” in column 1 of Schedule 4 to the Regulations and the corresponding amount in column 3 are repealed.

69. The references “Paragraph 347(2)(m)” to “Subsection 374(2)” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in columns 2 and 3 are replaced by the following:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Paragraph 349(1)(a)

 

25,000

Paragraph 349(1)(b)

 

10,000

Paragraph 350(a)

 

25,000

Paragraph 350(b)

 

25,000

Subsection 351(1)

 

10,000

Subsection 351(2)

 

10,000

Subsection 351(3)

 

10,000

Subsection 354(1)

 

25,000

Subsection 354(2)

 

10,000

Subsection 354(3)

 

10,000

Subsection 354(4)

 

10,000

Section 355

 

25,000

Subsection 356(1)

 

25,000

Section 357

 

25,000

Subsection 358(1)

 

25,000

Subsection 358(2)

 

25,000

Subsection 358(3)

 

25,000

Subsection 358(4)

 

25,000

Section 360

 

25,000

Section 361

 

25,000

Section 362

 

25,000

Subsection 364(1)

 

25,000

Subsection 364(2)

 

25,000

Subsection 365(1)

 

25,000

Subsection 367(1)

 

10,000

Subsection 367(2)

 

10,000

Subsection 368(1)

 

25,000

Subsection 369(1)

 

25,000

Subsection 370(1)

 

25,000

Section 371

 

10,000

Subsection 372(1)

 

10,000

Subsection 372(2)

 

10,000

Subsection 372(3)

 

10,000

Section 373

 

25,000

Section 374

 

25,000

Subsection 375(1)

5,000

25,000

Subsection 375(2)

5,000

25,000

70. Schedule 4 to the Regulations is amended by adding the following after the reference “Section 414”:

Column 1




Designated Provision
Column 2

Maximum Amount Payable ($)

Individual
Column 3

Maximum Amount Payable ($)

Corporation

DIVISION 3 — AVSEC LEVELS

   

Section 416

 

25,000

Section 417

 

10,000

71. Schedule 4 to the Regulations is amended by adding the following after the reference “Subsection 425(2)”:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 426(1)

 

25,000

Subsection 427(1)

 

25,000

Subsection 427(2)

 

25,000

Section 428

 

25,000

Subsection 429(1)

 

10,000

Subsection 429(2)

 

10,000

Subsection 429(3)

 

10,000

72. The references “Subsection 432(1)” and “Section 433” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Section 432

25,000

Subsection 433(1)

25,000

73. The reference “Subsection 435(1)” in column 1 of Schedule 4 to the Regulations and the corresponding amount in column 3 are replaced by the following:

Column 1



Designated Provision

Column 3

Maximum Amount Payable ($)

Corporation

Section 435

25,000

74. The references “Paragraph 455(2)(m)” to “Subsection 481(2)” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in columns 2 and 3 are replaced by the following:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Paragraph 457(1)(a)

 

25,000

Paragraph 457(1)(b)

 

25,000

Paragraph 458(a)

 

25,000

Paragraph 458(b)

 

25,000

Subsection 459(1)

 

10,000

Subsection 459(2)

 

10,000

Subsection 459(3)

 

10,000

Section 462

 

25,000

Subsection 463(1)

 

25,000

Section 464

 

25,000

Subsection 465(1)

 

25,000

Subsection 465(2)

 

25,000

Subsection 465(3)

 

25,000

Subsection 465(4)

 

10,000

Section 467

 

25,000

Section 468

 

25,000

Section 469

 

25,000

Subsection 471(1)

 

25,000

Subsection 471(2)

 

25,000

Subsection 472(1)

 

10,000

Subsection 474(1)

 

10,000

Subsection 474(2)

 

10,000

Subsection 475(1)

 

25,000

Subsection 476(1)

 

25,000

Subsection 477(1)

 

25,000

Section 478

 

10,000

Subsection 479(1)

 

10,000

Subsection 479(2)

 

10,000

Subsection 479(3)

 

10,000

Section 480

 

25,000

Section 481

 

25,000

Subsection 482(1)

5,000

25,000

Subsection 482(2)

5,000

25,000

75. The portion of column 2 of Schedule 4 to the Regulations opposite the reference “Section 518” in column 1 is replaced by the following:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Section 518

3,000

76. The reference “Section 519” in column 1 of Schedule 4 to the Regulations and the corresponding amounts in columns 2 and 3 are replaced by the following:

Column 1



Designated Provision

Column 2

Maximum Amount Payable ($)

Individual

Column 3

Maximum Amount Payable ($)

Corporation

Subsection 519(1)

3,000

10,000

Subsection 519(2)

3,000

10,000

Subsection 519(3)

3,000

10,000

77. The Regulations are amended by replacing “security personnel” with “aerodrome security personnel” in the following provisions:

  • (a) section 108;
  • (b) section 266; and
  • (c) section 421.

COMING INTO FORCE

78. These Regulations come into force six months after the day on which they are registered.

[17-1-o]

  • Footnote 1
    ICAO gives examples of other act of unlawful interference with civil aviation, including the use of an aircraft in service for the purpose of causing death, serious bodily injury, or serious damage to property or the environment.

  • Footnote 2
    The full cost-benefit analysis report is available upon request via the contact information at the end of this Regulatory Impact Analysis Statement (RIAS).

  • Footnote 3
    E.g. up to 2 170 traffic deaths in the United States may have been due to mode shifting in the aftermath of 9/11, a cost of over $15 billion (in 2010 Canadian dollars). See Blalock, Garrick, Vrinda Kadiyali, and Daniel Simon (2009). “Driving Fatalities After 9/11: A Hidden Cost of 9/11,” Applied Economics 41(14): 1717–1729.

  • Footnote 4
    Assuming the value of a statistical life is $7 million (2010 Canadian dollars).

  • Footnote 5
    (PV) Present Value is the estimated current value of a future cost or benefit (or stream of costs and benefits), taking into consideration the time value of money, as represented by the discount rate (8%).

  • Footnote 6
    Formula, Annualized Cost, as indicated above, the discount rate is 8% and the period of analysis is 25 years.

  • Footnote 7
    Calculation of administrative burden for the purposes of the “One-for-One” Rule uses a discount rate of 7% over 10 years.

  • Footnote *
    Class 1 airports already carry out the practice of maintaining training records.

  • Footnote 9
    For the purposes of the small business lens, it is assumed that all 20 Class 2 and 60 Class 3 airports are small businesses. A review of airport annual reports indicated that, although many Class 2 airports have revenue in excess of $5 million, they qualify as small businesses as they have fewer than 100 direct employees.

  • Footnote 10
    Discount rate of 8%, based on a period of analysis of 25 years.

  • Footnote 11
    The full document is available upon request via the contact information below. SOR/2011-318

  • Footnote 12
    SOR/2011-318

  • Footnote a
    R.S., c. 33 (1st Supp.), s. 1

  • Footnote b
    S.C. 2004, c. 15, s. 5

  • Footnote c
    S.C. 1992, c. 4, s. 7

  • Footnote d
    S.C. 2004, c. 15, s. 18

  • Footnote e
    S.C. 2004, c. 15, s. 18

  • Footnote f
    S.C. 2001, c. 29, s. 39

  • Footnote g
    R.S., c. A-2