PART I — Aeronautics
In sections 4.71 to 4.85, screening means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders.
R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 5; 1999, c. 31, ss. 5, 6; 2004, c. 15, s. 5; 2026, c. 3, s. 467
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The Governor in Council may make regulations respecting aviation security.
Contents of regulations
(2)Without limiting the generality of subsection (1), regulations may be made under that subsection
respecting the safety of the public, passengers, crew members, aircraft and aerodromes and other aviation facilities;
respecting restricted areas in aircraft or at aerodromes or other aviation facilities, including regulations respecting their identification, access to them and their administration or management;
respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility;
respecting the screening of goods that are intended to be taken or placed on board an aircraft or brought into an aerodrome or other aviation facility, or that are inside an aircraft or an aerodrome or other aviation facility, including regulations authorizing the use of force to gain access to goods being screened;
respecting the seizure or detention of goods in the course of screenings, including regulations respecting the destruction of seized or detained goods;
respecting the prevention of unlawful interference with civil aviation and the action that is to be taken if that interference occurs or is likely to occur;
requiring any person or any class of persons to have a security clearance as a condition to conducting any activity specified in the regulations or to being
the holder of a Canadian aviation document,
a crew member, or
the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations;
respecting the making of applications for security clearances and the information to be provided by applicants;
specifying Canadian aviation documents for the purpose of paragraph 3(3)(c);
establishing security requirements for the design or construction of aircraft and aerodromes and other aviation facilities;
requiring a person or class of persons having aviation security responsibilities to develop and document security management systems or other systems in relation to aviation security and to keep them up to date;
requiring a person or class of persons having aviation security responsibilities to develop and document processes, procedures, programs or plans in relation to aviation security and to keep them up to date;
requiring a person or class of persons having aviation security responsibilities to develop documents, such as manuals, in relation to aviation security and to keep them up to date;
respecting the content and requirements of a system, process, procedure, program, plan or document referred to in any of paragraphs (k) to (k.2);
requiring a person or class of persons having aviation security responsibilities to comply with the provisions or requirements of a system, process, procedure, program, plan or document referred to in any of paragraphs (k) to (k.2);
establishing security requirements for equipment, systems and processes used in aircraft and aerodromes and other aviation facilities;
respecting the qualifications, training and standards of performance of classes of persons having responsibilities for security requirements;
respecting the testing of the effectiveness of equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; and
respecting the provision to the Minister of aviation security related information specified in the regulations.
2004, c. 15, s. 5; 2026, c. 3, s. 468
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The Minister may make measures respecting aviation security.
Restriction
(2)The Minister may only make a security measure in relation to a particular matter if
an aviation security regulation could be made in relation to that matter; and
aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.
Suspension of s. 4.79(1) and repeal of security measure
(3)If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must
within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and
repeal the security measure before the earlier of
the day that is one year after the notice is published, and
the day an aviation security regulation is made in respect of the matter dealt with by the security measure.
Effect of notice
(4)If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published.
Consultation
(5)Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.
Exception
(6)Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.
Minister may carry out security measure
(7)The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.
2004, c. 15, s. 5
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The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.
Restriction
(2)The Minister’s deputy may only make a security measure in relation to a particular matter if
an aviation security regulation could be made in relation to that matter; and
aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.
Minister may carry out security measure
(3)The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so.
Duration
(4)A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days.
2004, c. 15, s. 5
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A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.
Conflict
(2)If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.
2004, c. 15, s. 5
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For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister.
2004, c. 15, s. 5
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If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting
the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them;
the diversion of aircraft to alternate landing sites; and
the movement of aircraft or persons at aerodromes or other aviation facilities.
2004, c. 15, s. 5
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The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.
2004, c. 15, s. 5
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An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.
2004, c. 15, s. 5
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An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.
Conflict
(2)If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.
2004, c. 15, s. 5
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Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.
Court to inform Minister
(2)If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.
Order
(3)If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure.
2004, c. 15, s. 5
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The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.
R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 6; 2004, c. 15, s. 5
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The following definition applies in this section and in section 4.82.
transportation security means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,
loss of life or personal injury;
substantial damage to or destruction of a means of transportation or any transportation infrastructure; or
interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure. (sûreté des transports)
Requirement to provide information
(1)The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule
that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or
that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer.
Restriction on disclosure — Department of Transport
(2)Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security.
Restriction on disclosure — other persons
(3)Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to
the Minister of Citizenship and Immigration;
the Minister of Public Safety and Emergency Preparedness;
the chief executive officer of the Canadian Air Transport Security Authority; and
a person designated under subsection 4.82(2) or (3).
Restriction on further disclosures
(4)Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed
in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration;
in the case of information disclosed to the Minister of Public Safety and Emergency Preparedness, only to persons in the Canada Border Services Agency;
in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and
in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5).
Deeming
(5)Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5).
Destruction of information
(6)Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection.
Destruction of information
(7)Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection.
Destruction of information
(8)Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3).
Application
(9)Subsections (6) to (8) apply despite any other Act of Parliament.
Amendment of schedule
(10)The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.
2004, c. 15, s. 5; 2005, c. 38, ss. 139, 142, 145
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The following definitions apply in this section.
Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)
Director means the Director of the Canadian Security Intelligence Service. (directeur)
warrant means
a warrant issued in Canada in respect of the arrest of a person for the commission of an offence that may be punishable under any Act of Parliament by imprisonment for a term of five years or more and that is specified by regulations made under subsection (20);
a warrant issued under subsection 55(1) or 82(1) of the Immigration and Refugee Protection Act; or
a warrant or other document issued outside Canada relating to the arrest of a person who can be extradited from Canada under subsection 3(1) of the Extradition Act. (mandat)
Designation of persons
(2)The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police.
Designation of persons
(3)The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section.
Requirement to provide information
(4)The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule
that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or
that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.
Requirement to provide information
(5)The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule
that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or
that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.
Disclosure to other designated persons
(6)Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3).
Restriction on disclosure of information to other persons
(7)A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or 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.
Disclosure to Minister and air carriers, etc.
(8)A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.
Disclosure to Aircraft Protective Officer
(9)A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security.
Urgent disclosure
(10)A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) if he or she has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person and that the person to whom the disclosure is to be made is in a position to take measures to respond to the threat and needs the information to respond. In making the disclosure the designated person may disclose information only to the extent that he or she believes the information is necessary to respond to the threat.
[Repealed before coming into force, 2008, c. 20, s. 3]
Disclosure to employee of the Canadian Security Intelligence Service
(12)A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a “threat to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act.
Recording of reasons
(13)A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed.
Destruction of information
(14)Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained.
Review of information
(15)At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. The Commissioner and the Director must each keep a record of their review.
Exception
(16)Subsections (14) and (15) do not apply in respect of records prepared under subsection (13).
Application
(17)Subsections (14) and (15) apply despite any other Act of Parliament.
Right to provide information preserved
(18)Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful.
Right to collect information under other Acts preserved
(19)Nothing in this section prohibits the collection of any information if the collection is otherwise lawful.
Regulations
(20)The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section.
2004, c. 15, s. 5
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Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is due to land in a foreign state or fly over the United States and land outside Canada or of a Canadian aircraft departing from any place outside Canada that is due to land in a foreign state or fly over the United States may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in the operator’s control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.
Notice
(1.1)The operator of an aircraft that is due to fly over, but not land in, the United States must notify all persons who are on board or expected to be on board the aircraft that information relating to them may be provided to a competent authority in the United States in accordance with subsection (1).
Restriction — government institutions
(2)No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.
Regulations
(3)The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations
respecting the type or classes of information that may be provided; or
specifying the foreign states to which information may be provided.
Review and report
(4)The Committee of the House of Commons responsible for transport matters must,
within two years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within one year; and
within three months after the day on which the review is completed, submit a report to the House of Commons setting out its findings.
2001, c. 38, s. 1; 2004, c. 15, s. 6; 2011, c. 9, s. 2
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The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify.
2004, c. 15, s. 7
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If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order, as the case may be, of
his or her person; or
the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome.
Prohibition — conveyances
(2)If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.
Prohibition relating to air carriers
(3)If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.
Prohibition relating to persons who accept goods for transportation
(4)A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order, as the case may be.
2004, c. 15, s. 7
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The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers.
2004, c. 15, s. 7
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A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence or violation 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 an aviation security regulation, a security measure, an emergency direction or an interim order.
2004, c. 15, s. 7; 2026, c. 3, s. 469
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