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Introduction
The Passenger Protect Program will be a Government of Canada aviation security
initiative to protect the public, passengers and crew by preventing individuals
who are assessed as immediate threats to aviation security from boarding
commercial aircraft. By implementing this air transportation security program,
the Government of Canada maintains its commitment to continuous improvement in
aviation security.
Terrorist groups continue to target civil aviation, and to look for ways to
defeat existing security initiatives. There is a continuing need to address
potential threats to aviation security and to the safety and security of all
Canadians. The Passenger Protect Program will screen passengers against a list
of individuals assessed as threats to aviation security. The program will
strengthen Canada’s approach to aviation security and complement other layers of
screening including the physical screening of passengers and their bags before
they board a flight.
Under the program, airlines will use a list of individuals, assessed by the
Minister of Transport, Infrastructure and Communities to pose a threat to civil
aviation should they board an aircraft, to screen passengers before permitting
them to board a flight. When the airline identifies a person as a possible match
with an entry on the list, the airline will contact Transport Canada for
confirmation of identity and a decision about boarding or not boarding the
individual. Any individual who will be denied boarding under the program will
have access to the reconsideration process through Transport Canada’s Office of
Reconsideration.
Advisory Group
The Minister of Transport, Infrastructure and Communities has authority under
the Aeronautics Act, to specify an individual who is a threat to
aviation security and to require airlines to provide information about the
specified person. To assist with the task of determining the individuals who are
assessed as threats to aviation security, Transport Canada will create the
Passenger Protect Advisory Group.
The Passenger Protect Advisory Group will meet to assess information on a
case-by-case basis and make recommendations to the Minister concerning the
designation of individuals or the removal of the designation as specified
persons under section 4.81 (1)(b) of the
Aeronautics Act.
Transport Canada will lead the Advisory Group, which will be advised by the
Department of Justice. The Advisory Group will include a senior officer from the
Canadian Security Intelligence Service (CSIS), a senior officer of the Royal
Canadian Mounted Police (RCMP), other Transport Canada officials as required and
representatives from any relevant Canadian government department or agency, only
as required.
Transport Canada proposes to adopt Guidelines to inform the work of the Advisory
Group that reflects its focus on aviation security. Under these Guidelines, a
person will be added to the specified persons list if the person’s actions lead
to a determination that the individual may, should they be permitted to board an
aircraft, pose an immediate threat to aviation security, including:
- An individual who is or has been involved in a terrorist group, and who,
it can reasonably be suspected, will endanger the security of any aircraft
or aerodrome or the safety of the public, passengers or crew members
- An individual who has been convicted of one or more serious and
life-threatening crimes against aviation security
- An individual who has been convicted or one or more serious and
life-threatening offences and who may attack or harm an air carrier, passengers
or crew members.
Specified Persons
For the purposes of the Passenger Protect Program, Transport Canada will create
a list with the name, date of birth and gender of each specified person and
provide the list to airlines in the program. Airlines will be responsible, under
the regulations, for protecting the confidentiality of the information.
The information for each specified person listed will be reviewed at least once
every 30 days. The review will check that the information is up-to-date and
complete to enable accurate identification of the specified persons and to make
changes whenever required.
Identity Screening Regulations
- The Identity Screening Regulations will require airlines
to screen each passenger’s name against the specified persons list before
issuing a boarding pass. The regulations will take into account the various
ways in which the boarding pass may be obtained: at a kiosk, off the
Internet, or at an airport check-in counter.
- Where there is check-in via Internet or kiosks, airlines will be required
under section 4 of the Regulations to prevent printing of the boarding pass when
there is a name match with the specified persons list.
- Passengers refused a boarding pass at a kiosk or off the Internet will
be directed to the airline agent for in-person verification of
government-issued identification (ID). ID verification will determine
whether the name, date of birth and gender match those of a listed person.
- Section 5 of the Regulations will require air carriers to screen individuals
at the boarding gate by comparing the name on government-issued ID with the name
on the boarding pass. If the name on the ID is not the same as the name on the
boarding pass, the air carrier will be required to check the name on the ID
against the list.
- The ID requirement under the Passenger Protect Program will be for one piece
of valid government-issued photo ID that shows name, date of birth and gender,
such as a driver’s licence or a passport, or two pieces of valid
government-issued non-photo ID, at least one of which shows name, date of birth
and gender, such as a birth certificate. The verification of passengers’ ID is
already a practice followed by most major carriers in Canada.
Age Requirement for the Identity Screening Regulations
The Identity Screening Regulations will apply “to any person who appears to be
12 years of age or older”. The decision to include only persons 12 years of age
or older is consistent with Canadian legislation and definition of the age of a
child under the law (Criminal Code and the
Youth Criminal Justice
Act).
How the Program Works
Airlines will compare the names of individuals intending to board flights with
the names on the specified persons list, and will verify with the individual’s
government-issued identification when there is a name match. Identification will
be verified in person at the airport check-in counter. Transport Canada will
work with air carriers to provide training for agents and staff who will be
involved in implementing the ID verification requirement, and establish
procedures that respect the rights of passengers. When the airline verifies that
an individual matches in name, date of birth and gender with someone on the
list, the airline will be required to inform Transport Canada.
A Transport Canada officer will be on duty 24 hours a day, every day, to receive
calls from airlines when they have a potential match with a specified person on
the list. The Transport Canada officer will verify information with the airline
and make a decision based on all the information whether to issue an emergency
direction that the individual poses an immediate threat to aviation security and
should not be permitted to board the flight.
Printing A Boarding Pass At A Kiosk or
Off the Internet
Under the Identity Screening Regulations, airlines will not allow
the printing of a boarding pass if the name of the person matches the name of a
listed person. Passengers refused a boarding pass at a kiosk or off the Internet
will be directed to check in with the airline at the counter for in-person ID
verification.
Emergency Directions
When the Transport Canada officer makes a decision to issue an emergency
direction, the officer will inform the airline that the individual is not
permitted to board the flight. The Transport Canada officer will issue Emergency
Directions prohibiting boarding of the specified person. Sections 4.76 and 4.77
of the Aeronautics Act authorize the Minister or a designated
officer of the Department to issue Emergency Directions if the Minister or the
designated officer is of the opinion that there is an immediate threat to
aviation security.
The airline will receive an Emergency Direction stating that they are not
allowed to board the specified person. The airline will inform the person that
an Emergency Direction has been issued and will provide information from
Transport Canada concerning the reconsideration process.
When an Emergency Direction is to be issued, airlines will follow their
established security procedures, Transport Canada will notify the RCMP
immediately, and police of jurisdiction at the airport would be informed and
take action as required.
Specified persons who attempt to board a flight and receive an Emergency
Direction will be able to request a review of the decision by submitting an
application to the Office of Reconsideration.
False Positives
Transport Canada will take steps to minimize the risk of false matches of
persons with the same or similar names to someone on the list, in the following
ways:
- The specified persons list will be limited in scope and focused only on
aviation security;
- The list will be reviewed and refreshed at least every 30 days to
incorporate any new information quickly;
- The list provided to air carriers will provide name, date of birth and
gender for each entry, which will allow accurate identification;
- Air carriers will verify possible matches with the list;
- Individuals will be required to present government-issued ID for the
verification of name, date of birth and gender;
- Air carriers will be required to call Transport Canada when there is a match
of name, date of birth and gender with an entry on the list; and,
- A Transport Canada officer will be available 24/7 to receive calls from
airlines. The Government, not the airline, will make the final decision on
whether to deny boarding to an individual who is a match with the list.
In the event that there is a mistake made despite all these preventive
measures, a reconsideration process will be available.
Office of Reconsideration
The Program will include an Office of Reconsideration to provide individuals who
have been denied boarding, a non-judicial and efficient mechanism to have their
case reviewed by persons independent of the original recommendation. The
Transport Canada Office of Reconsideration (OOR) will receive applications for
review from individuals who receive an Emergency Direction denying boarding
under the Passenger Protect Program.
There will be two steps in the reconsideration process. First, the person will
submit an application for reconsideration. To protect their privacy, they will
also be asked for a notarized document that verifies their identity. The second
step will give applicants the opportunity to submit to the OOR any written
information relevant to the review of their file.
Once the OOR confirms the applicant’s identity, the file will be given, with the
consent of the applicant, to an independent external advisor for review. The
advisor will be selected from outside the Public Service and have a clearance to
review confidential information. They will review all the information on which a
decision to specify a person and issue an Emergency Direction denying boarding
was made, consider all verified information provided by the applicant, and
provide a report to the OOR.
The OOR will make a recommendation to the Minister on whether the decision to
specify the person should be reconsidered or not. The OOR process will take
approximately 30 working days, and the individual will be informed of the
decision.
Should the individual not be satisfied with the decision of the Minister, they
will still have the option of pursuing other legal avenues to challenge the
decision, such as the Federal Court.
Privacy
The protection of privacy rights and human rights is a core element of the
Passenger Protect Program. In developing the program, Transport Canada is
consulting with stakeholders, civil liberties and ethno-cultural groups, and
continues to work with the Office of the Privacy Commissioner on privacy
aspects. A Privacy Impact Assessment (PIA) prepared by an independent
consultant, has been submitted to the Office of the Privacy Commissioner.
Recommendations from the Office of the Privacy Commissioner to further enhance
privacy have been included in a work plan to be addressed before program
implementation next year. A Summary of the Privacy Impact Assessment is available on the Transport Canada website.
The confidentiality of the specified persons list will be addressed through the
Identity Screening Regulations. The regulations will require airlines to limit
access to the list, and to keep the list confidential, including the fact that
an individual is a specified person.
To facilitate the travel of individuals who are not on the specified persons
list, and experience delays at check-in due to their identifying information,
the Office of Reconsideration will receive requests for assistance. The OOR may
obtain consent from the individual and provide air carriers with information to
reduce future delays.
Implementation Date
The target date for program implementation on Canadian domestic flights is early
2007. In the second phase, later in 2007, the program will extend to
international flights to and from Canada.
Responses to
Questions from the Privacy Commissioner
In August 2005, the office of the Privacy Commissioner of Canada posed a series
of questions to Transport Canada about the Passenger Protect Program. The
questions and answers shed light on the privacy protection features of the
Program.
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