GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Aviation Security Regulations, 2012 — 364
Amendments 364 (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 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 its risk-management strategy is not in proportion to a medium to high risk set out in the operator’s airport security risk assessment; or (d) the operator identifies a deficiency in the plan. Documentation — risk-management strategy (2) If the operator of the aerodrome amends its risk-management strategy, the operator must document (a) the reason for the amendment; and (b) the factors that were taken into consideration in making that amendment. Documentation — strategic airport security plan (3) 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 (4) 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 (5) The Minister must approve an amendment if (a) in the case of an amendment to the summary required under paragraph 359(a), the conditions set out in paragraphs 363(a) to (c) have been met; and (b) in the case of an amendment to the risk-management strategy required under paragraph 359(b), the conditions set out in section 363 have been met. Implementation (6) 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. 27
Canadian Aviation Security Regulations, 2012 — 365
Requirement to establish 365 (1) The operator of an aerodrome must establish a menu of additional safeguards that are (a) intended to mitigate heightened risk conditions in a graduated manner; and (b) consistent with the operator’s legal powers and obligations. Menu requirements (2) The menu of additional safeguards must (a) 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. 27
Canadian Aviation Security Regulations, 2012 — 366
Requirement to submit 366 The operator of an aerodrome must submit its menu of additional safeguards to the Minister for approval. SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 366.1
Approval 366.1 The Minister must approve a menu of additional safeguards submitted by the operator of an aerodrome if (a) the menu meets the requirements of section 365; (b) the menu has been reviewed by an executive within the operator’s organization who is responsible for security; (c) the additional safeguards can be implemented rapidly and consistently; (d) the additional safeguards are consistent with existing rights and freedoms; and (e) the additional safeguards can be implemented without compromising aviation security. SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 366.2
Amendments 366.2 (1) The operator of an aerodrome may amend its menu of additional safeguards at any time, but must do so if (a) the Minister informs the operator that there is a change in the threat environment that requires the addition or deletion of additional safeguards; (b) the operator identifies a deficiency in the menu; or (c) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change affects the additional safeguards. Requirement to consult (2) If applicable, the operator of the aerodrome must consult its multi-agency advisory committee when amending its menu of additional safeguards. Submission of amendment (3) If the operator of the aerodrome amends its menu of additional safeguards, the operator must, as soon as possible, submit the amendment to the Minister for approval. Approval (4) The Minister must approve the amendment if the conditions set out in section 366.1 continue to be met. SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 367
Plan requirements 367 (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. 23; SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 368
Operations-based security exercise 368 (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. 23; SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 369
Discussion-based security exercise 369 (1) The operator of an aerodrome must, at least once a year, carry out a discussion-based security exercise that (a) tests the effectiveness of the operator’s emergency plan in response to an act of unlawful interference with civil aviation and involves the persons and organizations referred to in the plan; and (b) tests the effectiveness of additional safeguards that the operator chooses from its menu of additional safeguards. Exception (2) Despite subsection (1), the operator of an aerodrome is not required to carry out a discussion-based security exercise in any year in which it carries out an operations-based security exercise. SOR/2012-48, s. 23; SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 370
Notice 370 The operator of an aerodrome must give the Minister 60 days’ notice of any security exercise that the operator plans to carry out. SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 371
Additional safeguards 371 (1) Each time additional safeguards are implemented at an aerodrome in order to mitigate heightened risk conditions related to aviation security, the operator of the aerodrome must create a record that includes (a) a description of the additional safeguards that were implemented; (b) an evaluation of the effectiveness of those additional safeguards; and (c) a description of any actions that are planned in order to address deficiencies identified during the implementation of those additional safeguards. Emergencies (2) Each time an emergency referred to in subsection 367(1) occurs at an aerodrome, the operator of the aerodrome must create a record that includes (a) a description of the emergency; (b) an evaluation of the effectiveness of the operator’s emergency plan; and (c) a description of any actions that are planned in order to address deficiencies identified during the emergency. Exercises (3) Each time a security exercise is carried out at an aerodrome, the operator of the aerodrome must create a record that includes (a) an outline of the exercise scenario; (b) an evaluation of the effectiveness of the exercise; and (c) a description of any actions that are planned in order to address deficiencies identified during the exercise. SOR/2012-48, s. 23; SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 372
Corrective actions 372 Subject to section 373, the operator of an aerodrome must immediately take corrective actions to address a vulnerability that contributes to a heightened aviation security risk at the aerodrome and that (a) is identified to the operator by the Minister; or (b) is identified by the operator. SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 373
Corrective action plan 373 If a corrective action to be taken by the operator of an aerodrome under section 372 involves a phased approach, the operator must include in its airport security program a corrective action plan that sets out (a) the nature of the vulnerability to be addressed; (b) a rationale for the phased approach; and (c) a timetable setting out when each phase of the corrective action plan will be completed. SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 374
Provision of information to operator of aerodrome 374 (1) For the purpose of supporting the establishment and implementation of an airport security program by the operator of an aerodrome, a primary security line partner at the aerodrome must, on reasonable notice given by the operator, provide the operator with (a) information respecting the measures, procedures and processes that the partner has in place at the aerodrome to protect the security of restricted areas and to prevent breaches of the primary security line; and (b) a document that (i) describes each area on the aerodrome’s primary security line that is occupied by the partner, (ii) indicates the location of each restricted area access point in those areas, and (iii) describes those restricted area access points. Provision of information to Minister (2) The primary security line partner must provide the Minister with the information and the document on reasonable notice given by the Minister. SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 380
Prohibition 380 A person other than the Minister must not disclose security-sensitive information that is created or used under this Division unless the disclosure is required by law or is necessary to comply or facilitate compliance with the aviation security provisions of the Act, regulatory requirements or the requirements of an emergency direction. SOR/2014-153, s. 27
Canadian Aviation Security Regulations, 2012 — 391
Division overview 391 This Division sets out requirements respecting aerodrome operations that are not dealt with in any other Division of this Part. SOR/2012-48, s. 24
Canadian Aviation Security Regulations, 2012 — 392
Requirement to notify Minister 392 (1) The operator of an aerodrome must notify the Minister of all plans to begin new construction or to make a change to the physical security of the aerodrome, if the construction or change relates to regulatory requirements respecting passengers, aircraft, baggage, cargo or mail. Notice requirements (2) The notice must (a) be in writing; (b) state the date on which the construction will begin or the change will be made; and (c) set out a description of the construction or change and the safeguards that will be implemented to maintain security in the areas of the aerodrome that will be affected by the construction activities. SOR/2012-48, s. 24
Canadian Aviation Security Regulations, 2012 — 401
Part overview 401 This Part sets out the basic regulatory framework for security at aerodromes listed in Schedule 3 and at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act . SOR/2015-196, s. 4 SOR/2022-92, s. 38
Canadian Aviation Security Regulations, 2012 — 402
Application 402 This Part applies in respect of aerodromes listed in Schedule 3 and in respect of any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act . SOR/2015-196, s. 5 SOR/2022-92, s. 38
Canadian Aviation Security Regulations, 2012 — 403
Division overview 403 This Division completes and supplements the regulatory framework set out in Part 3.
Canadian Aviation Security Regulations, 2012 — 404
Authorization 404 The operator of an aerodrome may authorize a person to carry or have access to an explosive substance or an incendiary device at the aerodrome if (a) the explosive substance or incendiary device is to be used at the aerodrome (i) for excavation, demolition or construction work, (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 operator has reasonable grounds to believe that the safety of the aerodrome and the safety of persons and aircraft at the aerodrome will not be jeopardized by the presence of the explosive substance or incendiary device.
Canadian Aviation Security Regulations, 2012 — 405
Prohibition — sterile area 405 (1) The operator of an aerodrome must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area. Exception — liquids, aerosols and gels (2) Subsection (1) does not apply in respect of liquids, aerosols and gels that are made available to persons in accordance with a security measure. Exception — knives (3) Subsection (1) does not apply in respect of rounded, dull-blade knives and plastic knives that are made available to the customers of a concessionaire with the permission of the operator of the aerodrome. SOR/2012-48, s. 25
Canadian Aviation Security Regulations, 2012 — 407
Division overview 407 This Division sets out the regulatory framework for dealing with threats and incidents at an aerodrome.
Canadian Aviation Security Regulations, 2012 — 408
Area under operator’s control 408 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the operator’s control must immediately determine whether there is a threat that jeopardizes the security of the facility or that part of the aerodrome. SOR/2019-149, s. 3
Canadian Aviation Security Regulations, 2012 — 409
Area under control of other person 409 The operator of an aerodrome who is made aware of a threat against an aviation facility, or a part of the aerodrome, that is under the control of a person carrying on any activity at the aerodrome, other than the operator, must immediately (a) notify the person of the nature of the threat; and (b) determine whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3
Canadian Aviation Security Regulations, 2012 — 410
Threats 410 The operator of an aerodrome who determines that there is a threat that jeopardizes the security of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3
Canadian Aviation Security Regulations, 2012 — 411
Duties of other person 411 A person, other than a screening authority, who is carrying on any activity at an aerodrome and who is made aware of a threat against the aerodrome must (a) immediately notify the operator of the aerodrome of the nature of the threat; and (b) assist the operator of the aerodrome in determining whether there is a threat that jeopardizes the security of the aerodrome. SOR/2019-149, s. 3
Canadian Aviation Security Regulations, 2012 — 412
Threats identified by other person 412 If it is determined under paragraph 15 (b), 409 (b) or 411 (b) that there is a threat that jeopardizes the security of an aerodrome, the operator of the aerodrome must immediately take all of the measures necessary to ensure the safety of the aerodrome and persons at the aerodrome, including informing the appropriate police service of the nature of the threat. SOR/2019-149, s. 3
Canadian Aviation Security Regulations, 2012 — 413
Security incidents 413 The operator of an aerodrome must immediately notify the Minister when any of the following incidents occur: (a) the discovery, at the aerodrome, of a weapon, explosive substance or incendiary device that is not permitted under subsection 78 (2); (b) an explosion at the aerodrome, unless the explosion is known to be the result of an accident, excavation, demolition or construction work, or the use of fireworks displays; (c) a threat against the aerodrome; and (d) an aviation security incident that involves a peace officer anywhere at the aerodrome other than areas under an air carrier’s control. SOR/2019-149, s. 3
Canadian Aviation Security Regulations, 2012 — 414
Commercial air service information 414 The operator of an aerodrome must provide the Minister with written notice of any new commercial air service that is to begin at an air terminal building.
Canadian Aviation Security Regulations, 2012 — 415
Division overview 415 This Division sets out requirements respecting the implementation of additional safeguards in the event of heightened risk conditions. SOR/2014-153, s. 28
Canadian Aviation Security Regulations, 2012 — 416
Additional safeguards 416 If the AVSEC level is raised or maintained above level 1 for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately take the following actions: (a) determine which additional safeguards are likely to mitigate the heightened risk condition; (b) notify any persons or organizations that have aviation security roles and responsibilities at the aerodrome and are affected by the heightened risk condition; (c) implement or continue to implement the additional safeguards; and (d) notify the Minister of the additional safeguards that are being or will be implemented. SOR/2014-153, s. 28
Canadian Aviation Security Regulations, 2012 — 417
Notification 417 When the AVSEC level is lowered for an aerodrome or any part of an aerodrome, the operator of the aerodrome must immediately notify the persons and organizations that were notified under paragraph 416(b). SOR/2014-153, s. 28
Canadian Aviation Security Regulations, 2012 — 418
Legal powers and obligations 418 For greater certainty, nothing in these Regulations authorizes the operator of an aerodrome to implement additional safeguards that are inconsistent with the operator’s legal powers and obligations. SOR/2014-153, s. 28
Canadian Aviation Security Regulations, 2012 — 421
Division overview 421 This Division sets out requirements respecting aerodrome security personnel and other persons who are assigned aerodrome-related security roles and responsibilities at an aerodrome. SOR/2014-153, s. 75
Canadian Aviation Security Regulations, 2012 — 424
Interpretation 424 A security official of an aerodrome is an individual who is responsible for (a) coordinating and overseeing security controls and procedures at the aerodrome; and (b) acting as the principal contact between the operator of the aerodrome and the Minister with respect to security matters, including the airport security program.
Canadian Aviation Security Regulations, 2012 — 425
Requirement 425 (1) The operator of an aerodrome must have, at all times, at least one security official or acting security official. Contact information (2) The operator of the aerodrome must provide the Minister with (a) the name of each security official and acting security official; and (b) 24-hour contact information for those officials.
Canadian Aviation Security Regulations, 2012 — 426
Initial training 426 (1) The operator of an aerodrome must ensure that a member of the aerodrome security personnel does not carry out an aerodrome-related security role or responsibility at the aerodrome unless the member has received initial training in relation to that role or responsibility. Training elements (2) Initial training for aerodrome security personnel must include instruction and evaluation in relation to the topics set out below that are relevant to the aerodrome-related security roles and responsibilities of the personnel: (a) international instruments respecting aviation security, the aviation security provisions of the Act and regulatory requirements; (b) the security controls and procedures at the aerodrome where the personnel are employed; (c) systems and equipment at the aerodrome; (d) an overview of threats to aviation security and acts or attempted acts of unlawful interference with civil aviation; (e) the recognition of goods that are listed or described in TP 14628 or that pose an immediate threat to aviation security; and (f) the actions to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation. Grandfathering (3) Aerodrome security personnel who are employed at the aerodrome on the day on which this section comes into force are exempted from initial training in relation to any topic for which they have already received training. SOR/2014-153, s. 30
Canadian Aviation Security Regulations, 2012 — 427
Follow-up training 427 (1) The operator of an aerodrome must ensure that aerodrome security personnel receive follow-up training when any of the following circumstances arise: (a) a change is made in the aviation security provisions of the Act or in regulatory requirements and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel; (b) a change is made in the security controls and procedures at the aerodrome where the personnel are employed and the change is relevant to the aerodrome-related security roles and responsibilities of the personnel; (c) a new or modified action is to be taken by the personnel in response to a threat to aviation security or an act or attempted act of unlawful interference with civil aviation; and (d) a significant risk or an emerging trend in aviation security is identified to the operator by the Minister and the risk or trend is relevant to the aerodrome-related security roles and responsibilities of the personnel. Follow-up training (2) The operator of an aerodrome must ensure that a member of the aerodrome security personnel receives follow-up training when the Minister or the operator identifies a shortcoming in the member’s performance when the member is carrying out security controls or following security procedures at the aerodrome. Training elements (3) Follow-up training must include (a) a review of any initial-training element related to the circumstance set out in subsection (1) or (2) that gave rise to the follow-up training; and (b) instruction and evaluation in relation to that circumstance. SOR/2014-153, s. 30