Vol. 143, No. 24 — November 25, 2009

Registration

SOR/2009-298 November 5, 2009

AERONAUTICS ACT CANADIAN AIR TRANSPORT SECURITY AUTHORITY ACT

Vancouver 2010 Aviation Security Regulations

P.C. 2009-1855 November 5, 2009

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71 (see footnote a) and 4.9 (see footnote b) and subsection 7.6(1) (see footnote c) of the Aeronautics Act (see footnote d) and section 34 of the Canadian Air Transport Security Authority Act (see footnote e), hereby makes the annexed Vancouver 2010 Aviation Security Regulations.

VANCOUVER 2010 AVIATION SECURITY REGULATIONS

OVERVIEW

Overview

1. These Regulations contain measures to enhance aviation security during the Vancouver 2010 Olympic and Paralympic Winter Games.

INTERPRETATION

Definitions

2. (1) The following definitions apply in these Regulations.

“cargo”
« fret »

“cargo” means goods other than baggage or mail. For greater certainty, goods that are necessary for the operation or safety of an aircraft, such as extra fuel, manuals or safety kits, are not cargo.

hold baggage”
« bagages en soute »

“hold baggage” means goods that belong to a passenger and to which the passenger will not have access on board an aircraft.

Terminology: Canadian Aviation Security Regulations

(2) Unless the context requires otherwise, words and expressions used in these Regulations have the same meaning as in section 1 of the Canadian Aviation Security Regulations.

APPLICATION

Flights to or from specified areas

3. These Regulations apply in respect of flights to or from aerodromes located in the areas specified in Schedule 1. They do not, however, apply in respect of flights that

(a) are transporting persons or goods that are subject to screening in accordance with the Canadian Aviation Security Regulations and the security measures associated with those Regulations;

(b) are conducted by a police service;

(c) are conducted under the authority the Minister of Transport;

(d) are conducted under the authority of the Minister of National Defence; or

(e) are conducted by the Canadian Coast Guard.

SCREENING

Designated aerodromes

4. (1) The aerodromes listed in Schedule 2 are designated for the purposes of the Canadian Air Transport Security Authority Act.

Mandate

(2) CATSA’s mandate at the aerodromes listed in Schedule 2 is to conduct screenings in accordance with these Regulations.

Additional checkpoints — mandatory

5. CATSA must

(a) establish screening checkpoints at the heliport and the FBO facility at Vancouver International Airport; and

(b) conduct screenings at those checkpoints in accordance with these Regulations instead of the Canadian Aviation Security Regulations and the security measures associated with those Regulations.

Additional checkpoints — optional

6. (1) To deal with increased air traffic, CATSA is authorized to establish additional screening checkpoints away from the air terminal building of an aerodrome listed in Schedule 3 if

(a) the aerodrome is located in an area specified in Schedule 1; or

(b) the checkpoints are used exclusively for flights to aerodromes located in the areas specified in Schedule 1.

Application of these Regulations

(2) CATSA must conduct screenings at the additional checkpoints in accordance with these Regulations instead of the Canadian Aviation Security Regulations and the security measures associated with those Regulations.

Screening requirements

7. (1) The operator of an aircraft must ensure that the following persons and goods are presented to CATSA for screening:

(a) passengers and their baggage;

(b) crew members and their baggage; and

(c) cargo.

Credentials exception

(2) A crew member and their baggage need not be presented to CATSA for screening if the crew member

(a) is in possession of an active restricted area identity card that has been issued to them; or

(b) is registered with the Royal Canadian Mounted Police Vancouver 2010 Integrated Security Unit.

Short turn-around exception

(3) Persons and goods that have been screened and are on board an aircraft arriving at an aerodrome located in an area specified in Schedule 1 need not be presented to CATSA for another screening if

(a) the aircraft is arriving at aerodrome for the purpose of deplaning passengers or unloading goods;

(b) no persons enplane and no goods are loaded on the aircraft at the aerodrome;

(c) only persons authorized by the operator of the aircraft have access to the persons and goods that remain on board the aircraft; and

(d) the aircraft departs from the aerodrome as soon as possible after deplaning passengers or unloading goods.

In-transit exception

(4) Persons and goods that have been screened and are on board an aircraft arriving at an aerodrome located in an area specified in Schedule 1 need not be presented to CATSA for another screening if

(a) the persons and goods are arriving at the aerodrome for the purpose of taking another flight;

(b) the persons and goods are segregated from persons and goods that have not been screened in accordance with these Regulations; and

(c) only persons authorized by the operator of the aircraft on which the persons and goods arrive and by the operator of the aircraft on which the persons and goods depart have access to the persons and goods.

Prohibitions

8. The operator of an aircraft who is not an air carrier must not transport any persons or goods that must be presented to CATSA for screening under section 7 unless those persons and goods have been screened in accordance with these Regulations. Air carriers are subject to subsection 4.85(3) of the Aeronautics Act.

Persons and carry-on baggage

9. If persons and carry-on baggage are presented to CATSA for screening, CATSA must screen them for

(a) goods, other than liquids, gels and aerosols, that are listed or described in the general list of prohibited items; and

(b) other goods that pose an immediate threat to aviation security.

Presentation of baggage

10. If the operator of an aircraft presents baggage to CATSA for screening, the operator must identify the baggage to CATSA as being either carry-on baggage or hold baggage.

Unclassified baggage

11. If baggage is presented to CATSA for screening and it is unclear whether it is carry-on baggage or hold baggage,

(a) CATSA must screen the baggage as carry-on baggage; and

(b) the operator of the aircraft transporting the baggage must treat it as carry-on baggage.

Hold baggage and cargo

12. If hold baggage and cargo are presented to CATSA for screening, CATSA must screen them for

(a) explosive substances;

(b) incendiary devices; and

(c) other goods that pose an immediate threat to aviation security.

Authorized means

13. To conduct the screenings referred to in sections 9 and 12, CATSA may use

(a) physical searches;

(b) metal detection equipment;

(c) X-ray equipment; and

(d) explosives detection equipment.

Access to cargo

14. (1) If cargo must be opened to facilitate screening by CATSA, the operator of the aircraft who requested the screening must open the cargo.

Repackaging

(2) If cargo referred to in subsection (1) is cleared by CATSA, the operator must repackage it for transportation.

ACCESS TO PASSENGERS AND GOODS THAT HAVE BEEN SCREENED

Access after screening

15. The operator of an aircraft must ensure that, before a flight departs, passengers and goods that have been screened are segregated from persons and goods that have not been screened and that only persons authorized by the operator have access to the passengers and goods.

Access to hold baggage or cargo

16. The operator of an aircraft must ensure that, before a flight departs, passengers who have been screened do not have access to hold baggage or cargo.

Search of conveyances

17. (1) If the operator of an aircraft uses a conveyance to segregate passengers and goods in accordance with section 15 or to transport passengers and goods that have been screened from a screening checkpoint to the aircraft, the operator must, before screening operations start, search the conveyance for goods that could pose a threat to aviation security.

Subsequent search

(2) The operator of the aircraft must search the conveyance again for goods that could pose a threat to aviation security if, after screening operations have started,

(a) a person who is not authorized by the operator of the aircraft gains access to the conveyance;

(b) the conveyance has not been in the continuous care of the operator; or

(c) the conveyance is used to transport persons or goods that have not been screened.

WAITING AREAS

Application

18. Sections 19 to 24 apply only if, for the purposes of section 15, an operator of an aircraft uses an area of an aerodrome to segregate passengers and goods.

Waiting area search

19. CATSA must, before screening operations start, search an area referred to in section 18 for goods that could pose a threat to aviation security.

Authorized access

20. CATSA must not permit a person to pass beyond a screening checkpoint into an area referred to in section 18 unless CATSA ensures that the person

(a) is authorized to enter the area by an operator of an aircraft who is using the area;

(b) is authorized to enter the area by the aerodrome operator; or

(c) is authorized by the Minister to carry out an inspection under section 8.7 of the Aeronautics Act and presents their official credentials.

Prohibited items

21. (1) CATSA must not permit a person to pass beyond a screening checkpoint into an area referred to in section 18 unless CATSA ensures that the person is not in possession or control of

(a) any goods, other than liquids, gels and aerosols, that are listed or described in the general list of prohibited items; or

(b) any goods that pose an immediate threat to aviation security.

Exception

(2) This section does not apply in respect a person, other than a passenger, who

(a) is in possession of an active restricted area identity card that has been issued to them; or

(b) is registered with the Royal Canadian Mounted Police Vancouver 2010 Integrated Security Unit.

Permitted items

22. CATSA may permit a person in possession or control of a weapon, an explosive substance or an incendiary device to pass beyond a screening checkpoint into an area referred to in section 18 if the person is carrying or has access to the weapon, explosive substance or incendiary device in accordance with these Regulations, a security measure, an emergency direction or an interim order.

Medically necessary goods

23. CATSA may permit a person in possession or control of goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into an area referred to in section 18 if the goods are medically necessary and the person declares them to CATSA.

Medical kits

24. CATSA may permit a health care professional in possession or control of a medical kit that contains goods listed or described in the general list of prohibited items to pass beyond a screening checkpoint into an area referred to in section 18 if CATSA ensures that the kit does not include sharp or cutting instruments.

SEARCH OF AIRCRAFT

Search by operator

25. (1) The operator of an aircraft must, before enplaning passengers or loading goods for a flight, ensure that the aircraft is searched for goods that could pose a threat to aviation security.

Where and what to search

(2) For greater certainty, the search must include the aircraft cabin, all cargo holds, all other storage spaces and any goods on board the aircraft.

Credentials

26. A person who conducts a search referred to in section 25 must

(a) be in possession of an active restricted area identity card that has been issued to them; or

(b) be registered by the operator of the aircraft with the Royal Canadian Mounted Police Vancouver 2010 Integrated Security Unit.

Search by police

27. (1) The Royal Canadian Mounted Police or the police service with jurisdiction at an aerodrome may also search an aircraft referred to in section 25 as well as any goods on board the aircraft for goods that could pose a threat to aviation security. They may do so either independently or at the same time as the operator of the aircraft.

Access to aircraft

(2) The operator of the aircraft must provide the Royal Canadian Mounted Police or the police service with access to the aircraft.

Authorized means

28. To search an aircraft, the Royal Canadian Mounted Police or the police service with jurisdiction at an aerodrome may use

(a) physical searches;

(b) metal detection equipment;

(c) explosives detection equipment; and

(d) explosives detection dogs.

Access after search

29. After an aircraft has been searched, the operator of the aircraft must ensure that only persons authorized by the operator have access to the aircraft.

ACCESS TO GOODS ON BOARD AN AIRCRAFT

Passenger access

30. (1) The operator of an aircraft must ensure that passengers for a flight do not have access to any of the following goods on board the aircraft:

(a) goods, other than liquids, gels and aerosols, that are listed or described in the general list of prohibited items;

(b) hold baggage; and

(c) cargo.

Cutlery exception

(2) The operator of an aircraft may provide passengers with knives during an in-flight meal service.

Application

31. (1) This section applies in respect of flights that are conducted by operators of aircraft who are not air carriers. Air carriers and persons on board flights conducted by air carriers remain subject to Part 2 of the Canadian Aviation Security Regulations.

Firearms

(2) Subject to subsection (3), a person must not be in possession or control of or have access to a firearm on board an aircraft.

Exception for pilots

(3) The pilot-in-command of an aircraft may be in possession or control of or have access to an unloaded firearm on board the aircraft if the firearm is required for survival purposes.

TRANSPORTATION OF FIREARMS, EXPLOSIVE SUBSTANCES AND INCENDIARY DEVICES

Application

32. Sections 33 to 35 apply in respect of flights that are conducted by operators of aircraft who are not air carriers. Air carriers and persons on board flights conducted by air carriers remain subject to Part 2 of the Canadian Aviation Security Regulations.

Transport or tender of loaded firearm

33. (1) A person must not transport or tender for transportation by the operator of an aircraft goods that contain a loaded firearm.

Transport of loaded firearm

(2) The operator of an aircraft must not knowingly allow a person to transport goods that contain a loaded firearm.

Tender of unloaded firearm

34. (1) A person must not tender for transportation by the operator of an aircraft goods that contain an unloaded firearm unless the person declares to the operator that the firearm is unloaded.

Transport of unloaded firearm

(2) The operator of an aircraft must not knowingly transport goods that contain an unloaded firearm unless the firearm is transported as hold baggage or cargo.

Tender of explosive substance or incendiary device

35. (1) A person must not transport or tender for transportation by the operator of an aircraft goods that contain an explosive substance, other than ammunition, or an incendiary device unless the person notifies the operator before arriving at the aerodrome.

Acceptance for transport

(2) The operator of an aircraft must not accept for transportation goods that contain an explosive substance, other than ammunition, or an incendiary device unless the operator was notified in accordance with subsection (1).

Transport of explosive substance or incendiary device

(3) The operator of an aircraft must not knowingly transport goods that contain an explosive substance or an incendiary device unless the substance or device is transported as hold baggage or cargo.

CARRIAGE OF AND ACCESS TO FIREARMS, EXPLOSIVE SUBSTANCES
AND INCENDIARY DEVICES AT AERODROMES

Application

36. (1) Sections 37 to 39 apply to aerodrome operators that do not serve air carriers, and to persons at the aerodromes operated by those operators, if the aerodromes are

(a) aerodromes located in the areas specified in Schedule 1; or

(b) aerodromes from which flights to aerodromes located in the areas specified in Schedule 1 are conducted.

Related provisions

(2) Aerodrome operators that serve air carriers, and persons at the aerodromes operated by those operators, remain subject to Part 2 of the Canadian Aviation Security Regulations.

Firearms

37. (1) Subject to subsections (2) to (5), a person must not carry or have access to a firearm at an aerodrome.

Exception for tendering for transportation

(2) A person may carry or have access to an unloaded firearm at an aerodrome for the purpose of tendering it for transportation.

Exception for operators of aircraft

(3) The operator of an aircraft or an employee of the operator may carry or have access to an unloaded firearm at an aerodrome if the firearm was tendered to the operator for transportation in accordance with subsection 34(1).

Exception for peace officers

(4) A peace officer may carry or have access to a loaded firearm at an aerodrome while in the performance of their duties.

Exception for licensed persons

(5) A person who holds a licence to carry a firearm issued under the laws of Canada may carry or have access to a firearm at an aerodrome if the person

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

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

Explosive substances or incendiary devices

38. (1) Subject to subsections (2) to (4), a person must not carry or have access to an explosive substance or an incendiary device at an aerodrome.

Exception for tendering for transportation

(2) A person may carry or have access to an explosive substance or an incendiary device at an aerodrome for the purpose of tendering it for transportation if the person notified the operator of the aircraft in accordance with subsection 35(1).

Exception for operators of aircraft

(3) The operator of an aircraft or an employee of the operator may carry or have access to an explosive substance or an incendiary device at an aerodrome if the substance or device was accepted for transportation by the operator in accordance with subsection 35(2).

Exception for authorized persons

(4) A person may carry or have access to an explosive substance or an incendiary device at an aerodrome if the person is authorized to do so by the aerodrome operator.

Authorization

39. An aerodrome operator may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if

(a) the substance or device will be used at the aerodrome

(i) for excavation, demolition or construction,

(ii) in fireworks displays,

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

(iv) by a police service, or

(v) by military personnel; and

(b) the aerodrome operator has reasonable grounds to believe that the safety of the aerodrome and of persons and aircraft at the aerodrome will not be jeopardized by the presence of the substance or device at the aerodrome.

NOTIFICATIONS

Application

40. (1) This section applies to operators of aircraft who are not air carriers. Air carriers remain subject to Part 4 of the Canadian Aviation Security Regulations.

Notify Minister

(2) The operator of an aircraft must immediately notify the Minister if any of the following events occur:

(a) a hijacking or attempted hijacking of a flight;

(b) the discovery, on board an aircraft used to conduct a flight, of a weapon other than a firearm that is permitted under these Regulations;

(c) the discovery, on board an aircraft used to conduct a flight, of an explosive substance or an incendiary device other than a substance or device that is permitted under these Regulations;

(d) the discovery, during a search required under section 17, of a weapon other than a firearm that is permitted under these Regulations;

(e) the discovery, during a search required under section 17, of an explosive substance or an incendiary device other than a substance or device that is permitted under these Regulations;

(f) an explosion on board an aircraft used to conduct a flight;

(g) a specific threat against an aircraft used to conduct a flight;

(h) a specific threat against any part of an aerodrome or an aviation facility that is under the operator’s control for the purposes of conducting a flight; or

(i) an aviation security incident involving a peace officer in any part of an aerodrome or an aviation facility that is under the operator’s control for the purposes of conducting a flight.

Notify aerodrome operator

(3) If a weapon other than a firearm that is permitted under these Regulations is discovered in any part of an aerodrome that is under the control of the operator of an aircraft for the purposes of conducting a flight, the operator must immediately notify the aerodrome operator.

Notify Minister

41. An air carrier must immediately notify the Minister if any of the following goods are discovered during a search required under section 17:

(a) a weapon other than a firearm that is permitted under these Regulations; or

(b) an explosive substance or an incendiary device other than a substance or device that is permitted under these Regulations.

Application

42. (1) This section applies to aerodrome operators that do not serve air carriers, if the aerodromes operated by those operators are

(a) aerodromes located in the areas specified in Schedule 1; or

(b) aerodromes from which flights to aerodromes located in the areas specified in Schedule 1 are conducted.

Related provisions

(2) Aerodrome operators that serve air carriers remain subject to Part 4 of the Canadian Aviation Security Regulations.

Notify Minister

(3) An aerodrome operator must immediately notify the Minister if any of the following events occur:

(a) the discovery at the aerodrome of a weapon other than a firearm that is permitted under these Regulations;

(b) the discovery at the aerodrome of an explosive substance or an incendiary device other than a substance or device that is permitted under these Regulations;

(c) an explosion at the aerodrome other than an explosion that is carried out for a purpose referred to in subparagraph 39(a)(i) or (ii) or that is carried out by persons referred to in subparagraph 39(a)(iii) or (v) or by a police service referred to in subparagraph 39(a)(iv);

(d) a specific threat against the aerodrome; or

(e) an aviation security incident involving a peace officer in any part of the aerodrome.

Persons and carry-on baggage

43. (1) CATSA must immediately notify the Royal Canadian Mounted Police or the police service with jurisdiction at the aerodrome, and the operator of the aircraft, the aerodrome operator and the Minister, if it discovers any of the following goods while screening persons and carry-on baggage for a flight in accordance with these Regulations:

(a) a weapon other than a firearm that is permitted under these Regulations; or

(b) an explosive substance or an incendiary device other than a substance or device that is permitted under these Regulations.

Hold baggage or cargo

(2) CATSA must immediately notify the Royal Canadian Mounted Police or the police service with jurisdiction at the aerodrome, and the operator of the aircraft, the aerodrome operator and the Minister, if it discovers any of the following goods while screening hold baggage or cargo for a flight in accordance with these Regulations:

(a) a loaded firearm; or

(b) an explosive substance, other than ammunition, or an incendiary device.

Incident involving peace officer

(3) CATSA must immediately notify the operator of the aircraft, the aerodrome operator and the Minister if an aviation security incident involving a peace officer occurs in any part of an aerodrome where screening is being conducted by CATSA for a flight in accordance with these Regulations.

DESIGNATED PROVISIONS

Designated provisions

44. (1) A provision of these Regulations that is set out in column 1 of Schedule 4 is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Aeronautics Act.

Amounts payable

(2) The amount set out in column 2 or column 3 of Schedule 4 is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1.

Notice of contravention

45. A notice referred to in subsection 7.7(1) of the Aeronautics Act must specify the information set out in section 4 of the Designated Provisions Regulations.

CESSATION OF EFFECT

March 3, 2010

46. The following provisions cease to have effect at 23:59:59 Pacific standard time on March 3, 2010:

(a) subsection 4(2);

(b) sections 5 to 24;

(c) paragraphs 40(2)(d) and (e); and

(d) sections 41 and 43.

REPEAL

March 24, 2010

47. These Regulations are repealed at 23:59:59 Pacific standard time on March 24, 2010.

COMING INTO FORCE

January 29, 2010

48. These Regulations come into force at 00:00:01 Pacific standard time on January 29, 2010.

SCHEDULE 1
(Section 3, subsection 6(1), section 7 and subsections 36(1) and 42(1))

SPECIFIED AREAS

Area 1

Area 1 is bounded by a line

(a) starting at N49°07′14.71″, W122°52′17.99″;

(b) from there to N49°07′14.71″, W122°51′19.49″;

(c) from there to N49°00′07.50″, W122°51′19.49″;

(d) from there along the border between Canada and the United States to N49°00′07.50″, W123°19′54.97″;

(e) from there clockwise along the arc of a circle of 13 miles radius centred on N49°11′42.00″, W123°10′55.00″, the airport reference point of Vancouver International Airport, to N49°20′11.18″, W123°25′57.17″;

(f) from there to N49°20′08.72″, W123°15′37.38″;

(g) from there to N49°20′04.85″, W123°03′25.40″;

(h) from there to N49°18′50.00″, W122°54′20.04″; and

(i) from there clockwise along the arc of a circle of 13 miles radius centred on N49°11′42.00″, W123°10′55.00″, the airport reference point of Vancouver International Airport, to N49°07′14.71″, W122°52′17.99″.

Area 2

Area 2 is bounded by a line

(a) starting at N49°47′41.00″, W123°19′44.00″;

(b) from there to N49°56′25.41″, W123°18′02.26″;

(c) from there counterclockwise along the arc of a circle of 13 miles radius centred on N50°04′46.00″, W123°02′35.00″ to N49°51′51.39″, W123°00′19.16″;

(d) from there to N49°41′30.00″, W123°00′00.00″;

(e) from there to N49°32′15.00″, W123°06′14.00″;

(f) from there to N49°18′50.00″, W123°01′44.09″;

(g) from there to N49°20′04.85″, W123°03′25.40″;

(h) from there to N49°20′10.99″, W123°25′56.81″;

(i) from there to N49°34′06.00″, W123°29′55.00″; and

(j) from there to N49°47′41.00″, W123°19′44.00″.

Area 3

Area 3 is bounded by a line

(a) starting at N50°17′20.18″, W122°57′28.01″;

(b) from there to N50°21′38.66″, W122°49′50.81″;

(c) from there clockwise along the arc of a circle of 13 miles radius centred on N50°18′09.00″, W122°44′16.00″, the aerodrome reference point of Pemberton, to N50°14′33.29″, W122°38′51.10″;

(d) from there to N50°10′30.93″, W122°44′27.55″; and

(e) from there clockwise along the arc of a circle of 13 miles radius centred on N50°04′46.00″, W123°02′35.00″ to N50°17′20.18″, W122°57′28.01″.

SCHEDULE 2
(Section 4)

DESIGNATED AERODROMES

Name	Location Indicator
Boundary Bay	CZBB
Ganges	CAX6
Langley Regional	CYNJ
Nanaimo Harbour	CAC8
Nanaimo Harbour (Departure Bay)	CAC8
Pemberton	CYPS
Pitt Meadows	CYPK
Port Hardy	CYZT
Powell River	CYPW
Squamish	CYSE
Vancouver Harbour	CYHC
Vancouver Harbour (Public) — heliport	CBC7
Vancouver International Airport — floatplane	CAM9
Victoria Harbour	CYWH
Victoria Harbour (Camel Point) — heliport	CBF7
Whistler (Municipal)	CBE9

SCHEDULE 3
(Subsection 6(1))

AERODROMES WITH ADDITIONAL SCREENING CHECKPOINTS

Name	Location Indicator
Abbotsford Airport	CYXX
Calgary International Airport	CYYC
Kelowna Airport	CYLW
Vancouver International Airport	CYVR
Victoria International Airport	CYYJ

SCHEDULE 4
(Section 44)

DESIGNATED PROVISIONS

Column 1 Designated Provision	Column 2 Maximum Amount Payable ($) Individual	Column 3 Maximum Amount Payable ($) Corporation
Paragraph 5(a)		25,000
Paragraph 5(b)		25,000
Subsection 6(2)		25,000
Subsection 7(1)	5,000	25,000
Section 8	5,000	25,000
Section 9		25,000
Section 10	5,000	25,000
Paragraph 11(a)		25,000
Paragraph 11(b)	5,000	25,000
Section 12		25,000
Subsection 14(1)	5,000	25,000
Subsection 14(2)	5,000	25,000
Section 15	5,000	25,000
Section 16	5,000	25,000
Subsection 17(1)	5,000	25,000
Subsection 17(2)	5,000	25,000
Section 19		25,000
Section 20		25,000
Section 21		25,000
Subsection 25(1)	5,000	25,000
Section 26	5,000	25,000
Subsection 27(2)	5,000	25,000
Section 29	5,000	25,000
Section 30	5,000	25,000
Subsection 31(2)	5,000
Subsection 33(1)	5,000	25,000
Subsection 33(2)	5,000	25,000
Subsection 34(1)	5,000	25,000
Subsection 34(2)	5,000	25,000
Subsection 35(1)	5,000	25,000
Subsection 35(2)	5,000	25,000
Subsection 35(3)	5,000	25,000
Subsection 37(1)	5,000
Subsection 38(1)	5,000
Subsection 40(2)	5,000	25,000
Subsection 40(3)	5,000	25,000
Section 41	5,000	25,000
Subsection 42(3)	5,000	25,000
Subsection 43(1)		25,000
Subsection 43(2)		25,000
Subsection 43(3)		25,000

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue

The RCMP, as the federally mandated agency to lead security planning for the 2010 Games, formed the Vancouver 2010 Integrated Security Unit (V2010 ISU) in 2003, uniting police, military, and security agencies under a broad mandate to secure the 2010 Games.

The RCMP’s overall security posture takes into consideration assessments of the threat environment, international best practices, lessons learned from previous Games, observations at the Beijing and Salt Lake Olympics and comparable major, international events.

There have been three years of RCMP-led interagency planning among aviation security partners. The RCMP’s domestic partners are Transport Canada (TC), Department of National Defence (DND), North American Aerospace Defence Command (NORAD), Canada Border Services Agency (CBSA), NAV Canada and the Canadian Air Transport Security Authority (CATSA). American authorities have also been engaged, namely the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA).

The V2010 ISU identified three groups of threat scenarios tied to aircraft. There were 1) use of aircraft as a weapon; 2) use of Improvised Explosive Devices (IEDs) against passengers at Vancouver International Airport or aboard aircraft bound for greater Vancouver; and 3) use of aircraft for suicide attacks mounted against 2010 Games venues.

Transport Canada is the sole agency with the statutory authority to regulate safety and security requirements for civil aviation, both commercial and private, operating to, from and within Canada. Transport Canada alone has the ability to recommend to the Governor in Council to create temporary regulations designed to address and mitigate the threat scenarios identified by the RCMP.

Objectives

Most existing aviation security regulations do not apply to operators of non-commercial aircraft and the smaller aerodromes from which they operate. Many of these operators will be flying in what will be restricted airspace during the duration of the 2010 Games. The Regulations are considered necessary to address specific concerns identified by the RCMP with these aircraft operating in restricted airspace above the areas around Vancouver, Whistler and the corridor linking them that are specified in Schedule 1 to the Regulations (the Specified Areas) for the duration of the 2010 Games period, January 29 through March 24, 2010, inclusively.

The objective of the Regulations is to prevent acts of unlawful interference with aviation that could affect the 2010 Games. They do so through the use of security controls, including screening of persons and goods and aircraft searches, on smaller aircraft such as helicopters, corporate aircraft, cargo aircraft, floatplanes, air taxis, small commuter aircraft, private charter and general aviation aircraft that may not otherwise be subject to these security requirements.

Description

To facilitate the continued movement of this air traffic, Transport Canada is mitigating risks identified by the V2010 ISU by implementing temporary security requirements for these smaller air operators seeking to fly to and from aerodromes located in the Specified Areas during the 2010 Games.

The Regulations are necessary to

• Temporarily require CATSA to screen persons and goods at additional aerodromes in British Columbia;
• Temporarily expand CATSA’s mandate at airports where CATSA currently screens persons and goods by allowing — and, in some cases, requiring — CATSA to set up additional passenger screening checkpoints at parts of those airports where there are no passenger screening checkpoints (e.g. the general aviation area of Victoria International Airport);
• Require the post-screening segregation of passengers, belongings and other goods placed on board an aircraft;
• Require aircraft searches; and
• Expand the prohibitions respecting the carriage and transport of firearms and explosives on board non-commercial (corporate and private) aircraft and at aerodromes operated by operators that do not serve air carriers.

Security-sensitive requirements containing more details and procedures will be placed in confidential security measures and disclosed only to authorized persons.

Access to the Specified Areas will be controlled from airfield, helipad and floatplane operations within the Specified Areas, and from certain identified airports located outside the Specified Areas which will serve to receive and screen flights so that they may receive authorization to enter the specified areas.

Specific affected parties are those segments of the air transportation industry (e.g. fixed-wing commuter air services and helicopters) that are not currently screened, including passengers onboard these flights, the employees servicing them, and the aircraft crews.

Aerodromes affected (see Annex 1) are the small airports, heliports, and float bases that will host temporary screening services for the duration of the 2010 Games period. Other airports will have additional screening checkpoints to screen traffic located away from the main air terminal buildings.

The Regulations do not establish temporary CATSA screening facilities at all air operations and aerodromes currently offering service directly to sites in the vicinity of Vancouver and Whistler. Instead, flights from these small-volume aerodromes will be re-routed to obtain screening services at “portal” airports prior to entering restricted airspace. These portal airports (e.g. Abbotsford and Victoria) will serve as the primary re-direction points for affected aircraft seeking permission to enter the specified areas.

Under the Regulations, CATSA will establish temporary screening operations at 21 new sites (see Annexes 1 and 2) spanning the Lower Mainland, Vancouver Island, Northern British Columbia and Calgary from January 29 until March 3, 2010 inclusively.

Regulatory and non-regulatory options considered

Non-regulatory options were not considered, given the results of RCMP-led threat assessments and the underlying premise for the creation of the Specified Areas. All commercial and private aircraft seeking to enter restricted airspace must first be screened to mitigate potential use of aircraft in terrorist attacks and other threats to civil aviation. Emergency services and medevac flights will be exempt.

In the absence of the temporary aviation security regime, implemented through the Regulations, certain passengers and goods would be unable to fly throughout the period of the 2010 Games, which could significantly affect the livelihood of small commercial operators such as floatplanes, air taxies, small charter operations and helicopters. Charter and corporate aircraft would also be prohibited from flying into Greater Vancouver, potentially damaging Canada’s reputation as a business-friendly destination and negatively impact future tourism and investment potential.

The Regulations were designed to achieve an appropriate level of aviation security and maintain air operations in a manner that does not detract from the positive and high profile nature of the 2010 Games. The creation of the Specified Areas with the associated security requirements is considered an innovative and adaptive approach to permit aviation operations that would otherwise be suspended during the Games.

It is important to note, however, that these Regulations apply in addition to existing statutory and regulatory requirements, such as the Canadian Aviation Security Regulations and associated security measures. No provision of these Regulations applies in lieu of existing regulatory requirements unless the provision expressly states so.

Benefits and costs

These Regulations complement airspace restrictions and provide security for air operators that would otherwise be prohibited from entering or operating in the Specified Areas.

Costs to affected parties

All flights flying to or from aerodromes located in the Specified Areas will be subject to screening requirements for crew members, persons and goods. Entities highly affected by the Regulations include segments of the air transportation industry other than the typically larger, commercial passenger-carrying operations that are already screened. Specifically, this includes operators of floatplanes, helicopters, small commuter aircraft and air taxis, corporate and privately owned aircraft, and training flights.

Passengers on these flights, the employees servicing the aircraft and air crews will also be significantly affected by the Regulations. Affected sites include general aviation facilities, heliports, float bases and other smaller, regional aerodromes that host temporary screening operations. Some airports with existing screening checkpoints will have additional checkpoints established to screen aircraft departing from areas located away from air terminal buildings. (See Annex 1.)

In addition, some air operators from specific aerodromes are currently flying directly to sites in the vicinity of Vancouver and Whistler at which temporary screening facilities are not located. As a result, traffic that normally flies directly to Vancouver from these aerodromes will first be re-routed to obtain screening services elsewhere at an aerodrome to CATSA screening facilities before they can enter the Specified Areas. (See Annex 2.)

Affected air operators and passengers can expect flight delays and longer flight times in order to fly to airports where screening facilities are located. Floatplane operators, helicopter companies, small regional carriers and others may incur additional ground handling, landing or airport fees.

Given the increased air traffic expected as a result of the 2010 Games and the involvement of numerous Government of Canada departments, agencies and crown corporations, the list of parties affected by the Regulations is extensive.

While more than 100 federal agencies, departments and crown corporations are involved in the 2010 Games, three departments and their agencies and one crown corporation are principally engaged in ensuring transportation of aircraft into, around and out of the Specified Areas. These are Transport Canada, Public Safety (RCMP and CBSA), CATSA, and DND. For these entities, creating and implementing an appropriate aviation security regime involves significant staffing, planning, training, equipment, accommodation and resource allocation costs.

It is expected that the Regulations will impact primarily aircraft of less than 50 seats. However, the majority of aircraft affected will likely have a capacity of less than 10 seats and be operated by small regional airlines, float plane operators, helicopter companies and charter providers. These affected operators typically offer flights to smaller or private aerodromes where CATSA does not provide screening services.

Flight schools will also be highly impacted, given restrictions on their operations and the potential for temporarily reduced revenue streams. Airspace restrictions will not permit solo flights within the specified areas.

Operators of corporate aircraft (some of whom fly the same type of large aircraft used by major commercial carriers) may also be affected by flight delays, longer flight times to portal airports and additional ground-handling, landing or airport fees.

Costs: Identification and description

The number of impacted flights has been estimated at 100-plus flights per day operated by some twenty operators. The number of impacted passengers is estimated at approximately 1 000 to 4 000 passengers per day. The affected aircraft are generally smaller in size than those used by major carriers.

The majority of the restrictions themselves would only be in place for 34 days, which limits the economic impact on communities, industry and the travelling public.

The smaller operators (e.g. Pacific Coastal Airlines) that are subject to the Regulations can expect delays at aerodromes, longer flight times, additional aircraft cycles, and reductions in operational efficiency and equipment utilization. The same costs would be incurred by affected operators of helicopters, float planes, charters, commuters and air taxis and corporate and privately owned aircraft. Aerodrome and air operator employees will also need to be trained to carry out their security responsibilities under the Regulations. In addition, re-routing to airports where screening is available prior to entering restricted airspace could result in additional ground handling and landing fees for aircraft operators.

Aerodromes at which CATSA will conduct additional temporary screening may need to dedicate space and resources to create checkpoints, passenger waiting areas and other facilities in support of the Regulations. Depending on the facility, costs could include the provision of space and utilities, such as electricity, for screening equipment and their operation; infrastructure or staff to keep passenger and goods that have been screened segregated and protected from unauthorized access; logistical and coordination costs; and potential additional staffing and overtime costs.

Passengers on previously unscreened flights may be affected by potential delays and longer travel times between Vancouver and nearby locations. Increased operating costs may be passed on to passengers and to persons shipping goods.

Through the participation of 100-plus agencies, the Government of Canada has already made and will continue to make significant commitments to staffing, training, infrastructure and logistics coordination for the 2010 Games.

In particular, costs associated with infrastructure, equipment, operations, accommodation, travel, overtime, resource reallocation, inspection and oversight of the Regulations will be incurred by the Government of Canada to support the implementation of the aviation security Regulations. Affected partners include Transport Canada, Public Safety (RCMP and CBSA), CATSA and DND.

The Government of Canada has allocated $18 million to CATSA to fund training, wages, accommodation, transportation and infrastructure costs tied to this initiative.

Benefits: Identification and description

The Regulations have been designed so that the aviation industry can continue to operate, and the travelling public continues to have access to the Greater Vancouver and Whistler areas during the 2010 Games. This has been accomplished in a way that not only enhances security, but also illustrates the priority the Government of Canada places on preserving the well-being of its citizens and securing its critical infrastructure.

The visibility and effectiveness of this plan demonstrates to G8 partners and the broader international community, such as the International Civil Aviation Organization (ICAO), the depth of Canada’s commitment and capacity to successfully mitigate the inherent risks often associated with major events.

The successful implementation of Canada’s 2010 Games aviation security regime mitigates the risk of lives being lost to terrorism or other unlawful interference with aviation — and, by doing so, ensures the continuation of $1.5 billion a day in trade across the Canada-U.S. border and more than 1 200 daily flights between Canada and its largest trading partner.

In addition, the creation of a 2010 Games-specific aviation security regime leaves CATSA and the Government of Canada with a legacy of 10 portable, fully-equipped security screening units capable of being deployed elsewhere in Canada for future aviation security purposes.

Rationale

The safety and security of aircraft, passengers, crews and airports lies at the heart of every country’s ICAO obligations. These Regulations underscore Canada’s international commitment to aviation security.

Risk assessments conducted by police, intelligence and aviation-security experts have concluded that key elements of the multi-layered aviation security regime under which large, commercial airlines currently operate are a proven and effective model to address the challenges posed by smaller, unscreened aircraft operations. The Regulations are designed to give users and operators of affected aircraft reasonable access to the specified areas without compromising aviation or national security — or subjecting other authorized air traffic to an increased risk of terrorist attacks or other threats to civil aviation.

In essence, the Regulations strike a balance between Canada’s aviation and national security needs and the importance of facilitating the efficient movement of people and goods on board aircraft during a high profile, global event. The Regulations also appropriately respond to threat scenarios identified by the RCMP’s V2010 ISU, as the obligatory screening of flights would provide a proportional response to the risks of allowing such flights into the specified areas.

The negative repercussions of a terrorist or other major aviation-security incident — the risk of which these Regulations have been designed to mitigate — would have a lasting and detrimental impact. Canadians could expect an immediate and dramatic “thickening” of land and air borders with the United States, for example. Canada’s reputation as a safe and secure nation would also be damaged, likely prompting other countries to unilaterally impose extra aviation security requirements on all flights from Canada.

The adverse impacts of the Regulations (e.g. flight delays and rerouting, inconvenience to passengers, possible additional landing fees, etc.) are considered reasonable and ensure that no unscreened commercial and non commercial traffic are permitted to operate into, from or through the specified areas for 34 days.

The Regulations permit the vast majority of affected air traffic to continue to operate, albeit with conditions. In contrast, in the absence of these Regulations, an RCMP-ordered halt to air operations that do not meet the requirements of the CanadianAviation Security Regulations would hurt the livelihood of small commercial operators (e.g. floatplanes, air taxies, small charter operations, and helicopters). Larger charters and corporate aircraft would also be effectively banned from flying into Greater Vancouver.

Numerous federal departments and agencies have been engaged to help determine the most appropriate way forward for Transport Canada in balancing its aviation security mandate against its shared, broader Government of Canada responsibilities to facilitate and enable trade and assist in the movement of people and goods. The Regulations also reflect strong transborder engagement and buy-in — made necessary by the close proximity of Greater Vancouver to the Canada-U.S. border and the restricted airspace’s extension south of the 49th parallel.

Consultation

The RCMP and other security partners — CATSA, DND, NORAD, CBSA and the US FAA and TSA — have participated fully in the development of the 2010 Games aviation security enhancements, including regulatory requirements.

In addition, stakeholder groups have been consulted throughout the aviation security planning process since August 2007 under the RCMP-led 2010 aviation committee. Membership includes the British Columbia Aviation Council (BCAC), the Air Transport Association of Canada (ATAC), the Canadian Business Aviation Association (CBAA), the Canadian Owners and Pilots Association (COPA), the Helicopter Association of Canada (HAC), the Vancouver International Airport, and the Lower Mainland Airports Working Group.

A number of stakeholders, in particular flight training schools and small operators, expressed concern that their day-to-day operations would be adversely affected. The RCMP, Transport Canada and others worked directly with representatives from the affected sectors to assist in finding security solutions that would meet their needs.

As a result of these consultations, several additional CATSA screening sites were added to accommodate these stakeholders. In addition, classified details as to how specific Regulations would translate into operating procedures continue to be refined to meet the needs of industry and affected communities.

Transport Canada continues to work with the U.S. Government on developing equivalent requirements to expedite transborder Games-time operations, and continues to coordinate and cooperate with other government departments and industry on implementation.

Comments received from pre-publication

These Regulations were pre-published in the Canada Gazette, Part I, on August 15, 2009, followed by a 30-day comment period ending September 15, 2009. The department received 21 official comments from various stakeholders (air carriers, airports, aviation organizations, MPs and private citizens.). In addition to receiving comments formally, Transport Canada also met with stakeholders on September 9, 2009, and September 16, 2009 to discuss the proposed Regulations and to receive verbal feedback.

The feedback and the Department positions are captured below:

Objection to the Regulations

A few stakeholders are fundamentally opposed to having any aviation security requirements in place for the 2010 Games, as they felt additional screening requirements would impact them financially. However, to not have security regulations in place is not a consideration, given the results of RCMP-led threat assessments and the underlying premise behind the creation of the specified areas as described above.

Requests to identify additional screening locations

Several stakeholders requested that additional screening locations be set up at additional locations in British Columbia and elsewhere in Canada. Airlines operating out of Bella Coola, Tofino, Qualicum Beach, Trail and Ganges Airports in British Columbia requested that these airports be provided with screening services to support local businesses and communities. Additional screening locations at Edmonton Municipal Airport, as well as Toronto’s Lester B. Pearson International Airport and Montréal’s Pierre Elliott Trudeau Airport were requested to support corporate aircraft flying sponsors and VIPs to the Games. After further assessment and analysis, it was decided that CATSA screening services would be added at Ganges Airport; however, due to resource and other safety and security planning considerations, it is not possible to consider the addition of CATSA screening to other locations. This change demonstrates the government’s commitment to minimize impact and make every reasonable effort to accommodate the needs of our aviation community and the travelling public.

As a result of additional consultations with stakeholders (RCMP, air operators, associations, etc.), the following changes to the Regulations have been made:

1) To add Ganges Airport to the list of airports that will receive temporary CATSA screening services;

2) To exempt government aircraft from the application of these Regulations;

3) To remove the definition of “Olympic Control Area” from the Regulations. The term “Olympic Control Area” was defined in the Regulations as pre-published in Part I of the Canada Gazette. Certain stakeholders objected to the use of this term, as it may be confused with airspace restrictions that could be in place during the Games. The term has accordingly been replaced, as applicable, by the phrases “an area specified in Schedule 1” and “the areas specified in Schedule 1.” This change does not alter the obligations under the Regulations, as they were pre-published;

4) To permit greater operational flexibility for aviation-industry workers by exempting them from certain screening requirements if they are registered with the ISU or have been issued restricted area identity cards (RAICs);

5) To permit greater operational flexibility for operators of aircraft, those operators whose passengers have been screened by CATSA in accordance with the Regulations on a previous flight need not be rescreened if controls are in place to segregate those passengers from anyone not screened in accordance with the Regulations;

6) To clarify which security requirements apply at all times and which apply only for the duration of the Games. As these Regulations duplicate some of the requirements of the Canadian Aviation Security Regulations, Transport Canada thought it prudent to remind stakeholders of which regulatory requirements have been imposed specifically for the 2010 Games, which requirements have been duplicated from the Canadian Aviation Security Regulations in order to expand their application and which regulatory requirements will continue to apply once the Regulations are repealed;

7) To extend all the regulatory requirements from March 3, 2010 until March 24, 2010 except for the requirement for CATSA to screen persons and goods which will be repealed; and

8) To make a number of minor changes of a purely editorial nature.

The changes set out above will allow for greater operational flexibility, and thus reduce some of the potential impact posed by these Regulations.

Compensation requests as a result of the Regulations

Many aviation stakeholders, such as air carriers, helicopter companies and the associations representing these companies requested compensation as a result of the security requirements being implemented for the duration of the Olympics. The implementation of these Regulations is required to facilitate the movement of air traffic during the 2010 Games. There is no compensation program available for businesses affected by these Regulations.

Implementation, enforcement and service standards

Stakeholders identified in the Consultation section were informed through a series of formal meetings by Transport Canada and the RCMP that the RCMP-ordered Specified Areas could affect their day-to-day operations for an unspecified period of time before, during and after the 2010 Games. Similarly, stakeholders have been aware of the concept of airspace restrictions through increasingly detailed presentations and briefings since the consultation period began in August 2007.

The implementation plan to address threats to aviation security would include a series of incident and alarm thresholds involving the police service with jurisdiction and/or the RCMP, as well as a series of escalating response protocols based on the nature of the incident and alarm. Compliance strategies and processes will include enhanced enforcement and inspection roles for Transport Canada aviation security inspectors, and strong oversight by CATSA officials. Compliance and inspection activities conducted under the enforcement program for the Regulations will be as rigorous as those conducted under the existing compliance and inspection program for the 89 aerodromes currently designated for CATSA screening.

Certain provisions of the Regulations have been identified as enforceable by means of an administrative monetary penalty. The range of monetary penalties under the Regulations is identical to that which exists under other regulations made under authority of the Aeronautics Act. The maximum penalty is $5 000 for individuals, and $25,000 for corporations.

Contact

Sandra Miller
Chief
Regulatory Planning and Services Aviation Security Regulatory Affairs
Transport Canada
330 Sparks Street
Place de Ville, Tower C, 13th floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-9605
Fax: 613-990-5046
Email: sandra.miller@tc.gc.ca

Annex 1

New Screening Locations

Designated aerodromes	Location Indicator
Abbotsford Airport	CYXX
Boundary Bay	CZBB
Calgary International Airport	CYYC
Departure Bay	CAC8
Ganges	CAX6
Kelowna Airport	CYLW
Langley Regional	CYBJ
Nanaimo Harbour	CAC8
Pemberton	CYPS
Pitt Meadows	CYPK
Port Hardy	CYZT
Powell River	CYPW
Squamish	CYSE
Vancouver Harbour	CYHC
Vancouver Harbour (Public) — heliport	CBC7
Vancouver International Airport — FBO	CYVR
Vancouver International Airport — floatplane facility	CAM9
Vancouver International Airport — heliport facility	CYVR
Victoria International Airport	CYYJ
Victoria Harbour	CYWH
Victoria Harbour (Camel Point) — heliport	CBF7
Whistler (Municipal)	CBE9

Annex 2

Portal Airports

Abbotsford Airport

Calgary International Airport

Kelowna Airport

Victoria International Airport

Footnote a
S.C. 2004, c. 15, s. 5

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

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

Footnote d
R.S., c. A-2

Footnote e
S.C. 2002, c. 9, s. 2

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