GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Secure Air Travel Act — S-6.7 12
Foreign states 12 The Minister may enter into a written arrangement with the government of a foreign state, an institution of such a government or an international organization relating to the disclosure of any information that he or she is, under subsection 10.3(2) or section 11, permitted to disclose, and may disclose the list, in whole or in part, to the state, institution or organization only in accordance with the arrangement. 2015, c. 20, s. 11 “12” 2019, c. 13, s. 130
Secure Air Travel Act — S-6.7 12.1
Disclosure to parent 12.1 The Minister may disclose to a child’s parent, or to a child’s guardian or tutor if they have the rights and responsibilities of a parent in relation to the child, that the child is not a listed person. 2019, c. 13, s. 131
Secure Air Travel Act — S-6.7 13
Minister of Transport 13 The Minister of Transport may, for the purposes of assisting the Minister in the administration and enforcement of this Act, (a) disclose the list to air carriers and to operators of aviation reservation systems; (b) collect from air carriers and operators of aviation reservation systems any information that is provided under subsection 6(4); (c) disclose to air carriers any direction made by the Minister under section 9; and (d) disclose information collected from air carriers and operators of aviation reservation systems to the Minister and to any other person or entity referred to in section 10. 2015, c. 20, s. 11 “13” 2019, c. 13, s. 132
Secure Air Travel Act — S-6.7 14
Canada Border Services Agency 14 The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including by disclosing to him or her and to any other person or entity referred to in section 10 information that is collected from air carriers and operators of aviation reservation systems in respect of a listed person or of a person about whom the Minister or the Minister of Transport has informed that Agency that he or she has reason to believe that the person is a listed person. 2015, c. 20, s. 11 “14” 2019, c. 13, s. 133
Secure Air Travel Act — S-6.7 15
Application to Minister 15 (1) A listed person who has been denied transportation as a result of a direction made under section 9 may, within 60 days after the day on which they are denied transportation, apply in writing to the Minister to have their name removed from the list. Exceptional circumstances (2) If the Minister is satisfied that there are exceptional circumstances that warrant it, the Minister may extend the time limit set out in subsection (1). Representations (3) The Minister must afford the applicant a reasonable opportunity to make representations. Application to Minister (4) On receipt of the application, the Minister must decide whether there are still reasonable grounds to maintain the applicant’s name on the list. Notice of decision to applicant (5) The Minister must give notice without delay to the applicant of any decision made in respect of the application. Deemed decision (6) If the Minister does not make a decision in respect of the application within a period of 120 days after the day on which the application is received — or within a further period of 120 days, if the Minister does not have sufficient information to make a decision and he or she notifies the applicant of the extension within the first 120-day period — the Minister is deemed to have decided to remove the applicant’s name from the list. 2015, c. 20, s. 11 “15” 2019, c. 13, s. 134
Secure Air Travel Act — S-6.7 16
Decisions under this Act 16 (1) This section applies in respect of any appeal of any direction made under section 9 and any decision made under section 8 or 15 by the Minister. Application (2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received. Extension (3) Despite subsection (2), a person may appeal within any further time that a judge may, before or after the end of those 60 days, fix or allow. Determination (4) If an appeal is made, the judge must, without delay, determine whether the decision is reasonable on the basis of the information available to the judge. Removal from list (5) If the judge finds that a decision made under section 15 is unreasonable, the judge may order that the appellant’s name be removed from the list. Procedure (6) The following provisions apply to appeals under this section: (a) [Repealed, 2024, c. 16, s. 95] (b) [Repealed, 2024, c. 16, s. 95] (c) [Repealed, 2024, c. 16, s. 95] (d) the judge must provide the appellant and the Minister with an opportunity to be heard; (e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence; (f) [Repealed, 2024, c. 16, s. 95] (g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and (h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws. For greater certainty (6.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to appeals under this section. Definition of judge (7) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. 2015, c. 20, s. 11 “16” 2019, c. 13, s. 135 2024, c. 16, s. 95
Secure Air Travel Act — S-6.7 17
Protection of information on appeal 17 Section 16 applies to any appeal of a decision made under that section and to any further appeal, with any necessary modifications.
Secure Air Travel Act — S-6.7 18
Information destruction — Minister 18 (1) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act , the Minister must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing the following information about a person who is or was on board or was expected to be on board an aircraft for the flight, unless that information is reasonably required for the purposes of this Act: (a) any information that is provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); (b) any information that is provided to the Minister under subsection 6(4); and (c) any information that is disclosed to the Minister under paragraph 13(d), if that information was originally provided to the Minister of Transport under subsection 6(4). Information destruction — Minister of Transport, etc. (2) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act , the Minister of Transport and any person or entity who is prescribed by regulation for the purpose of subsection 6(4) must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing information about a person who is or was on board or was expected to be on board an aircraft for the flight that is provided to that Minister, person or entity under subsection 6(4), unless that information is reasonably required for the purposes of this Act. Information destruction — section 10 persons and entities (3) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act , the Minister and any other person or entity referred to in section 10 must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing any of the following information about a person who is or was on board or was expected to be on board an aircraft for the flight that is disclosed to that Minister, person or entity under section 10, unless that information is reasonably required for the purposes of this Act: (a) information that was originally provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); and (b) information that was originally provided to the Minister, the Minister of Transport or any other person or entity under subsection 6(4). 2015, c. 20, s. 11 “18” 2019, c. 13, s. 136
Secure Air Travel Act — S-6.7 19
Rights preserved 19 For greater certainty, nothing in this Act limits or prohibits the collection, use, disclosure or retention of any information if that collection, use, disclosure or retention is otherwise lawful. 2015, c. 20, s. 11 “19” 2019, c. 13, s. 136
Secure Air Travel Act — S-6.7 20
Prohibition — list 20 (1) It is prohibited to disclose the list, except as required for the purposes of sections 10, 11, 12 and 13. Prohibition — general (2) It is prohibited to disclose whether or not any individual is or was a listed person, except (a) for the purposes of sections 10 and 10.3 to 16; (b) as required to enforce any law of Canada or a province or to carry out a lawful activity; (c) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; (d) in the case where an individual discloses that he or she is or was a listed person; or (e) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information. Prohibition — air carriers (3) Despite subsection (2), it is prohibited for an air carrier or an operator of an aviation reservation system to disclose any information relating to a listed person, or whether or not any individual is or was a listed person, except (a) for the purposes of sections 6 and 30; (b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; or (c) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information. 2015, c. 20, s. 11 “20” 2019, c. 13, s. 137
Secure Air Travel Act — S-6.7 21
Prohibition — persons and goods 21 (1) If a direction made under section 9 requires a person to be screened, that person must not enter or remain in an aircraft or sterile area unless the person permits a screening, or screenings, to be carried out as required by the direction, of (a) their person; or (b) the goods that the person intends to take or have placed on board the aircraft or, as the case may be, the goods that the person has taken or has had placed on board the aircraft or has taken into the sterile area. Prohibition — air carriers (2) If a direction made under section 9 requires a person to be screened, an air carrier must not transport that person unless they have been screened in accordance with the direction.
Secure Air Travel Act — S-6.7 22
Obstruction 22 A person must not wilfully obstruct any person who is exercising or performing their powers, duties or functions under this Act.
Secure Air Travel Act — S-6.7 23
Contravention 23 (1) Every person who contravenes section 6, 20 or 21 or a direction made under section 9 or any provision of any regulation made under this Act is guilty of an offence punishable on summary conviction. Contravention of section 22 (2) Every person who contravenes section 22 is guilty of (a) an indictable offence; or (b) an offence punishable on summary conviction. Punishment — individuals (3) An individual who is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both. Punishment — corporations (4) A corporation that is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $500,000. Imprisonment precluded in certain cases (5) If a person is convicted of an offence under this Act punishable on summary conviction, imprisonment must not be imposed as punishment for the offence or in default of payment of any fine imposed as punishment. Recovery of fines (6) If a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction must be registered in the court and when registered has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine. Recovery of costs and charges (7) All reasonable costs and charges attendant on the registration of the conviction are recoverable in the same manner as if they had been registered as part of the conviction.
Secure Air Travel Act — S-6.7 24
Defence 24 A person is not to be found to have contravened a provision of this Act, other than section 22, or of its regulations, or a direction made under section 9, if the person exercised all due diligence to prevent the contravention.
Secure Air Travel Act — S-6.7 25
Limitation period 25 No proceedings by way of summary conviction under this Act are to be instituted after 12 months from the day on which the subject matter of the proceedings arose.
Secure Air Travel Act — S-6.7 26
Proof of documents 26 In any action or proceeding under this Act, any document purporting to be certified by the Minister or the Minister of Transport to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence (a) of the original document of which it purports to be a copy; (b) of the fact that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and (c) of the fact that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.
Secure Air Travel Act — S-6.7 27
Document entries as proof 27 In any action or proceeding under this Act, an entry in any record required under any provision of this Act or its regulations to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record.
Secure Air Travel Act — S-6.7 28
Powers to enter, seize and detain 28 (1) The Minister of Transport may (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the Canadian Air Transport Security Authority, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and (b) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, for copying. Operation of computer systems and copying equipment (2) In carrying out an inspection or audit in any place referred to in paragraph (1)(a), the Minister of Transport may (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system; (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents. Search warrants (3) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.
Secure Air Travel Act — S-6.7 29
No offence 29 A person authorized by the Minister of Transport to verify compliance with the provisions of this Act or its regulations or with directions made under section 9 or to test the effectiveness of equipment, systems and processes used with respect to the list does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of this Act or its regulations.
Secure Air Travel Act — S-6.7 30
Duty to assist Minister 30 The owner or person who is in possession or control of a place that is inspected or audited under subsection 28(1) and every person who is found in the place must (a) give the Minister of Transport all reasonable assistance to enable him or her to carry out the inspection or audit and exercise any power conferred on him or her under that subsection; and (b) provide the Minister of Transport with any information that is reasonably required for the purpose of exercising or performing his or her powers, duties or functions under this Act.
Secure Air Travel Act — S-6.7 31
Compliance order 31 (1) If the Minister of Transport is of the opinion that an air carrier has failed to comply with any provision of this Act or its regulations or with any direction made under section 9, that Minister may order any person to do, or to refrain from doing, anything that, in that Minister’s opinion, is reasonable and necessary to do or refrain from doing in order to ensure compliance and may make orders respecting, in particular (a) the movement of aircraft or persons at aerodromes or other aviation facilities; and (b) the diversion of aircraft to alternate landing sites. Exemption from Statutory Instruments Act (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act .
Secure Air Travel Act — S-6.7 32
Regulations 32 The Governor in Council may make regulations for the purpose of the administration and enforcement of this Act, including regulations (a) respecting the verification of air passenger identity; (b) respecting the use and protection of directions made under section 9 and the use and protection of information that is provided by the Minister or the Minister of Transport to air carriers and to operators of aviation reservation systems; (c) prohibiting an air carrier from transporting a passenger in circumstances in which the passenger does not resemble their identification; and (d) prescribing anything that may be prescribed under this Act. 2015, c. 20, s. 11 “32” 2019, c. 13, s. 138
Secure Air Travel Act — S-6.7 33
Section 16 33 Section 16 applies to any decision in respect of a listed person made before the day on which this Act comes into force (a) by the Minister under paragraph 4.81(1)(b) of the Aeronautics Act following the transfer of the Minister of Transport’s powers, duties and functions to the Minister by Order in Council P.C. 2011-34 of February 1, 2011, registered as SI/2011-10; or (b) by the Minister of Transport under section 4.76 of the Aeronautics Act .
Secure Air Travel Act — S-6.7 139
Continued application 139 Subsection 15(6) of the Secure Air Travel Act , as it read immediately before the day on which this section comes into force, continues to apply in respect of any application made under subsection 15(1) of that Act before that day.
Secure Air Travel Act — S-6.7 278
278 Paragraph 28(1)(a) of the Secure Air Travel Act is replaced by the following: (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the designated screening authority, as defined in subsection 2(1) of the Security Screening Services Commercialization Act , for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and
Security of Canada Information Disclosure Act — S-6.9 Preamble
Preamble Whereas the people of Canada are entitled to live free from threats to their lives and their security;
Security of Canada Information Disclosure Act — S-6.9
Whereas activities that undermine the security of Canada are often carried out in a clandestine, deceptive or hostile manner, are increasingly global, complex and sophisticated, and often emerge and evolve rapidly;
Security of Canada Information Disclosure Act — S-6.9
Whereas there is no more fundamental role for a government than protecting its country and its people;
Security of Canada Information Disclosure Act — S-6.9
Whereas Canada is not to be used as a conduit for the carrying out of activities that threaten the security of another state;
Security of Canada Information Disclosure Act — S-6.9
Whereas protecting Canada and its people against activities that undermine the security of Canada often transcends the mandate and capability of any one Government of Canada institution;
Security of Canada Information Disclosure Act — S-6.9
Whereas Parliament recognizes that information needs to be disclosed — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada;
Security of Canada Information Disclosure Act — S-6.9
Whereas Government of Canada institutions are accountable for the effective and responsible disclosure of information in a manner that respects the Canadian Charter of Rights and Freedoms , the Privacy Act and other laws regarding the protection of privacy;
Security of Canada Information Disclosure Act — S-6.9
And whereas an explicit authority will facilitate the effective and responsible disclosure of information to protect the security of Canada;
Security of Canada Information Disclosure Act — S-6.9
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Security of Canada Information Disclosure Act — S-6.9 1
Short title 1 This Act may be cited as the Security of Canada Information Disclosure Act . 2015, c. 20, s. 2 “1” 2019, c. 13, s. 114(E)