GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Aviation Security Regulations, 2012 — 176
Surrender on demand 176 (1) A person in possession of a restricted area identity card must, on demand, surrender it to the Minister, the operator of an aerodrome, a screening officer or a peace officer. Demand by Minister or operator (2) The Minister or the operator of an aerodrome may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; (b) the card has been deactivated; or (c) the surrender of the card is required to ensure aviation security. Demand by screening officer (3) A screening officer may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; (b) the card has been deactivated; or (c) the screening officer is carrying out screening at a restricted area access point or at a location in a restricted area and the person who is in possession of the card refuses to be screened or refuses to submit goods in their possession or control for screening. Demand by peace officer (4) A peace officer may demand the surrender of a restricted area identity card if (a) the card has expired or has been reported as lost or stolen; or (b) there is an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members, and the surrender of the card is required to respond to the threat.
Canadian Aviation Security Regulations, 2012 — 177
Return of cards 177 A screening officer or a peace officer to whom a person surrenders a restricted area identity card must return the card to the operator of the aerodrome where the card is surrendered or to the operator of an aerodrome who issued the card.
Canadian Aviation Security Regulations, 2012 — 178
Notification of Minister 178 The operator of an aerodrome to whom a person surrenders a restricted area identity card must notify the Minister if the operator demanded the surrender in accordance with paragraph 176 (2)(c).
Canadian Aviation Security Regulations, 2012 — 179
General requirement 179 (1) The operator of an aerodrome must ensure that any person who is in a restricted area at the aerodrome and is not in possession of a restricted area identity card (a) is escorted by a person in possession of an active restricted area identity card that has been issued to them; or (b) is kept under surveillance by a person in possession of an active restricted area identity card that has been issued to them, in the case of an area the limits of which are defined for a specific purpose, such as construction or maintenance. Exceptions (2) This section does not apply in respect of the following persons: (a) passengers who have been screened; and (b) inspectors.
Canadian Aviation Security Regulations, 2012 — 180
Escort ratio 180 (1) The operator of an aerodrome must ensure that at least one escort is provided for every 10 persons who require escort. Surveillance ratio (2) The operator of an aerodrome must ensure that no more than 20 persons at a time are kept under surveillance by one person.
Canadian Aviation Security Regulations, 2012 — 181
Requirement to remain together 181 (1) A person under escort must remain with the escort while the person is in a restricted area. Idem (2) An escort must remain with the person under escort while the person is in a restricted area. Requirement to inform (3) The person who appoints an escort must inform the escort of the requirement to remain with the person under escort while that person is in a restricted area.
Canadian Aviation Security Regulations, 2012 — 182
Screening requirement 182 The operator of an aerodrome must ensure that a person under escort or surveillance at the aerodrome and any goods in the person’s possession or control are screened at a screening checkpoint before the person enters a sterile area.
Canadian Aviation Security Regulations, 2012 — 183
Exception — conveyances 183 (1) The operator of an aerodrome is not required to place an escort or surveillance personnel in a conveyance that is in a restricted area at the aerodrome and is carrying persons who require escort or surveillance if the conveyance travels in a convoy with an escort conveyance that contains at least one person in possession of an active restricted area identity card that has been issued to them. Exception to exception (2) The operator of the aerodrome must ensure that, if a person who requires escort or surveillance disembarks from a conveyance in a restricted area at the aerodrome, the person is escorted or kept under surveillance in accordance with section 180 .
Canadian Aviation Security Regulations, 2012 — 184
Escort conveyances 184 The operator of an aerodrome must ensure that, at the aerodrome, at least one escort conveyance is provided for (a) every three conveyances requiring escort to or from an air terminal building apron area for a purpose other than snow removal operations; (b) every six conveyances requiring escort to or from an air terminal building apron area for snow removal operations; and (c) every six conveyances requiring escort to or from a restricted area other than an air terminal building apron area.
Canadian Aviation Security Regulations, 2012 — 185
Exemption 185 Nothing in this Division requires an inspector acting in the course of their employment to be in possession of a restricted area identity card or any other document issued or approved by the operator of an aerodrome as authorization for the inspector to enter or remain in a restricted area.
Canadian Aviation Security Regulations, 2012 — 186
Inspector’s credentials 186 The credentials issued by the Minister to an inspector do not constitute a restricted area identity card even if the credentials are compatible with the identity verification system or with an access control system established by the operator of an aerodrome.
Canadian Aviation Security Regulations, 2012 — 187
Escort privileges 187 Nothing in this Division prohibits an inspector from escorting a person who is in a restricted area and is not in possession of a restricted area identity card if the inspector (a) is acting in the course of their employment; (b) does not escort more than 10 persons at one time; (c) remains with the person while the person is in the restricted area; (d) ensures that the person remains with the inspector while the person is in the restricted area; and (e) ensures that the person and any goods in their possession or control are screened at a screening checkpoint before the person enters a sterile area.
Canadian Aviation Security Regulations, 2012 — 188
Conveyance escort privileges 188 (1) Nothing in this Division prohibits an inspector from escorting a person who is in a conveyance in a restricted area and is not in possession of a restricted area identity card if the inspector (a) is acting in the course of their employment; (b) does not escort more than 10 persons at one time; and (c) is either in the conveyance or in an escort conveyance that is travelling in a convoy with the conveyance. Additional conditions (2) If a person under escort disembarks from a conveyance in a restricted area, the inspector must (a) remain with the person; and (b) ensure that the person remains with the inspector. Idem (3) If a person under escort is travelling to or from an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every three conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance. Idem (4) If a person under escort is travelling to or from a restricted area other than an air terminal building apron area, the Minister must ensure that at least one escort conveyance is provided for every six conveyances requiring escort in a convoy and that at least one inspector is in each escort conveyance.
Canadian Aviation Security Regulations, 2012 — 189
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. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 190
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. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 193
Documentation 193 (1) The operator of an aerodrome must (a) keep documentation related to its airport security risk assessment and any review of it for at least five years; (b) keep documentation related to its strategic airport security plan and any amendment to it for at least five years; and (c) 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. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 194
Requirement to amend 194 The operator of an aerodrome must amend its airport security program if the operator identifies, at the aerodrome, an aviation security risk that is not addressed by the program. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 195
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 necessary 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 necessary 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 manage 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. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 196
Multi-agency advisory committee 196 (1) The operator of an aerodrome must have a multi-agency advisory committee. 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; (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 manage the multi-agency advisory committee in accordance with written terms of reference. Objectives (4) The objectives of the multi-agency advisory committee are (a) to advise the operator of the aerodrome on its airport security risk assessment and its strategic airport security plan; and (b) to promote the sharing of sensitive information respecting aviation security at the aerodrome. Records (5) The operator of the aerodrome must keep records of the activities and decisions of the multi-agency advisory committee. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 197
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 the aerodrome; (b) a criticality assessment that prioritizes the areas, assets, infrastructure and operations at or associated with the aerodrome that most require protection from acts and attempted acts of unlawful interference with civil aviation; (c) a vulnerability assessment that considers the extent to which the areas, assets, infrastructure and operations at or associated with the aerodrome are 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. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 198
Submission for approval 198 The operator of an aerodrome must submit its airport security risk assessment to the Minister for approval, and must submit a new airport security risk assessment to the Minister within five years after the date of the most recent approval. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 199
Requirement to consult 199 The operator of an aerodrome must consult 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) conducting a review of its airport security risk assessment. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 200
Airport security risk assessment — annual review 200 (1) The operator of an aerodrome must conduct a review of its airport security risk assessment at least once a year. Airport security risk assessment — other reviews (2) The operator of the aerodrome must also conduct a review of its airport security risk assessment if (a) a special event that is scheduled to take place at the aerodrome could affect aerodrome security; (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 the aerodrome could affect aerodrome security; (d) a change in regulatory requirements could affect aerodrome security; (e) the operator identifies, at the aerodrome, a vulnerability that is not addressed in the assessment, or the Minister identifies such a vulnerability to the operator; or (f) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk. Equivalency (3) For greater certainty, a review conducted under subsection (2) counts as a review required under subsection (1). Documentation (4) When the operator of the aerodrome conducts a 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 risk-management strategy; (b) the reasons for that decision; and (c) the factors that were taken into consideration in making that decision. Notification (5) The operator of the aerodrome must notify the Minister if, as a result of a review of its airport security risk assessment, the operator amends the assessment (a) to include a new medium to high risk; or (b) to raise or lower the level of a risk within the medium to high range. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 201
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 assessment has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the operator has considered risk information provided by its multi-agency advisory committee; (d) the operator has considered all available and relevant information; and (e) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 202
Strategic airport security plans 202 (1) The operator of an aerodrome must establish a strategic airport security plan that (a) summarizes 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) includes a risk-management strategy that addresses the medium to high aviation security risks identified and prioritized in the operator’s airport security risk assessment; and (c) sets out 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) describe, by activity type and location, the safeguards in place at the aerodrome in respect of AVSEC level 1 operating conditions; (b) allow the rapid selection of additional safeguards by activity type or location; and (c) indicate the persons and organizations responsible for implementing each additional safeguard. Activity types (3) For the purposes of paragraphs (2)(a) and (b), 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 paragraphs (2)(a) and (b), 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. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 203
Requirement to consult 203 The operator of an aerodrome must consult its multi-agency advisory committee when the operator (a) establishes its strategic airport security plan; and (b) amends its strategic airport security plan under subsection 205.2(1). SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 204
Requirement to submit 204 The operator of an aerodrome must submit its strategic airport security plan to the Minister for approval. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 205
Requirement to implement 205 The operator of an aerodrome must, as soon as its strategic airport security plan is approved, implement its risk-management strategy. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 205.1
Approval of plan 205.1 The Minister must approve a strategic airport security plan submitted by the operator of an aerodrome if (a) the plan meets the requirements of section 202; (b) the plan has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the plan is likely to enable the operator to prepare for, detect, prevent, respond to and recover from acts or attempted acts of unlawful interference with civil aviation; (d) the risk-management strategy is in proportion to the risks it addresses; (e) the operator has considered the advice of its multi-agency advisory committee; (f) the operator has not overlooked an aviation security risk that could affect the operation of the aerodrome; (g) the additional safeguards can be implemented rapidly and consistently; (h) the additional safeguards are consistent with existing rights and freedoms; and (i) the plan can be implemented without compromising aviation security. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 205.2
Amendments 205.2 (1) The operator of an aerodrome may amend its strategic airport security plan at any time, but must do so if (a) the plan does not reflect the operator’s most recent airport security risk assessment; (b) the Minister informs the operator that there is a change in the threat environment that could result in a new or unaddressed medium to high risk; (c) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards; (d) the Minister informs the operator that its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; (e) the operator identifies a deficiency in the plan; or (f) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards. Documentation (2) If the operator of the aerodrome amends its strategic airport security plan, the operator must document (a) the reason for the amendment; and (b) the factors that were taken into consideration in making that amendment. Submission of amendment (3) If the operator of the aerodrome amends its strategic airport security plan, the operator must, as soon as possible, submit the amendment to the Minister for approval. Approval (4) The Minister must approve an amendment if (a) in the case of an amendment to the summary required under paragraph 202(1)(a), the conditions set out in paragraphs 205.1(a) to (c) have been met; (b) in the case of an amendment to the risk-management strategy required under paragraph 202(1)(b), the conditions set out in paragraphs 205.1(a) to (f) and (i) have been met; and (c) in the case of an amendment to the menu of additional safeguards required under paragraph 202(1)(c), the conditions set out in paragraphs 205.1(a), (b) and (f) to (i) have been met. Implementation (5) If the operator of the aerodrome amends its risk-management strategy, the operator must implement the amended version of the strategy once it is approved by the Minister. SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 206
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 employees and contractors of the operator of the aerodrome and identify the responsibilities of 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. SOR/2012-48, s. 12; SOR/2014-153, s. 16
Canadian Aviation Security Regulations, 2012 — 207
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 additional safeguards that the operator chooses from its 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). SOR/2012-48, s. 12; SOR/2014-153, s. 16