This Consultation Guidance Document has been published to assist stakeholders in focusing attention on what we believe are the key issues that need to be addressed. At the same time, we recognize that there may be additional issues not mentioned that stakeholders may wish to bring to our attention. We invite you to consider the contents of this document and we look forward to receiving your views and submissions to help us in our mandate. Please refer to the end of this document on how to make a submission.

Reg Whitaker (Chair)                 Jacques Bourgault                Chern Heed

Introduction

On November 23, 2005, the Minister of Transport announced the appointment of a threemember Advisory Panel to assist him in conducting a review of the Canadian Air Transport Security Authority Act (CATSA Act). The Minister of Transport is required, by virtue of section 33 of the CATSA Act, to complete a review of the provisions and operation of the legislation and to report to Parliament on the results. The CATSA Act came into force on April 1, 2002, and resulted in the creation of the Canadian Air Transport Security Authority (CATSA), a direct consequence of the events of September 11, 2001. In addition, the Panel has been asked to consider one of the recommendations contained in “Lessons to be Learned”, the report by the Honourable Bob Rae into outstanding questions with respect to the bombing of Air India Flight 182 in 1985. Through this review, the Minister is also seeking advice from the Panel on possible future aviation security requirements. The Minister must complete the review and report to Parliament by March 31, 2007.

This document has been prepared to provide background and summary information to stakeholders on the events related to the bombing of Air India Flight 182, the history of aviation security in Canada, including the creation of CATSA, and the mandate of the Advisory Panel. Also contained is a list of questions to help focus the attention of stakeholders on key issues the Panel is interested in exploring.

In the early 1970s, in response to increasing threats to civil aviation, member states of the International Civil Aviation Organization (ICAO) adopted Annex 17 to the Convention on International Civil Aviation. Annex 17 requires each member country to designate an appropriate authority to develop national objectives, policies and programs for the prevention of unlawful acts that threaten the safety of civil aviation. Since that time, Annex 17 has been updated several times in response to emerging threats.

The Government of Canada designated Transport Canada as its authority and developed an airport policing and security program based on the ICAO-recommended security specifications and practices for international airports. In 1972 the Criminal Code of Canada was amended to include indictable offences for aircraft hijacking, endangering the safety of aircraft in flight and the taking on board of offensive weapons and explosive substances. Aviation security provisions were added to the Aeronautics Act in 1973 and regulations were developed requiring operators of Canadian aircraft to search persons, their belongings and cargo as a condition of carriage. Operators of foreign aircraft were made subject to the same requirements in 1976. The Aeronautics Act and its regulations underwent major revisions in 1985 and again after September 11, 2001, and continue to be updated to accommodate the changing requirements in aviation security.

Prior to 1985, carriers were responsible for the security of their aircraft while Transport Canada was responsible for the establishment of overall security standards for airports and airlines and, in its capacity as owner and operator of major airports, for the provision of aviation security equipment and facilities at airports. Particular attention was paid to carry-on items brought onboard aircraft. Transport Canada, through its aviation security regime, provided airlines the hand-held metal detectors, walk-through metal detectors and X-ray devices with which to provide the screening.

As a result of the terrorist bombing of Air India Flight 182 on June 23, 1985, and the simultaneous baggage-area explosion at Narita Airport in Japan, significant improvements were made to Canada’s aviation security regime. These events transformed Canada’s civil aviation program and generated new approaches to protecting passengers, airports and aircraft. The following measures were adopted as an initial response to the tragedies:

• More rigorous screening of passengers and carry-on baggage;
• The physical inspection or X-ray inspection of all checked baggage (international destinations);
• A 24-hour hold on cargo (except perishables received from a known shipper) unless a physical search or X-ray inspection was completed;
• The acquisition and deployment of 26 explosive detection units, which were in the final stages of testing and development at the time of the Air India and Narita Airport tragedies;
• The acquisition and deployment of additional carry-on luggage X-ray units, hand-held detectors and walk-through detectors.

• Passenger/baggage reconciliation on international flights, a measure later extended to include domestic flights;
• More stringent security controls on passengers, carry-on baggage, checked baggage, cargo and mail;
• The purchase of additional X-ray detection equipment and explosive vapour detectors for inspection of carry-on and checked baggage;
• Strengthening of the pre-board screening training program and the introduction of a certification program for airport screeners;
• Enhanced training for airport security personnel and air crew;
• Enhanced procedures for handling bomb threats and improved search procedures;
• Comprehensive background checks for airport workers;
• Tightened access-control measures at airports;
• Consolidation of the security functions in Transport Canada by the creation of a dedicated Security and Emergency Preparedness Directorate;
• Overhaul of the regulatory framework including new regulations;
• Improved dissemination of classified threat-assessment and intelligence information;
• Significant enhancements to security awareness programs.

Following the September 11, 2001 terrorist attacks in the United States, the Canadian government further enhanced the country’s counter-terrorism capabilities and preparedness. The Federal Budget of December 2001 contained a $2.2 billion package of new funding for civil aviation security improvements. In addition, the Public Safety Act, 2002 was passed to further enhance Canada’s capacity to prevent terrorist attacks. The Act included provisions related to providing a more secure environment for air travel and resulted in amendments to the civil aviation security requirements of the Aeronautics Act.

• Hiring additional Transport Canada security inspectors for each region of Canada;
• Funding for aircraft security modifications (e.g. reinforced cockpit doors);
• Purchase of additional explosive detection systems;
• Funding for increased police presence and security at airports;
• Funding for an expanded program of armed police officers on aircraft;
• New limits on carry-on luggage;
• Random secondary searches prior to boarding for flights to the United States.

• The effective and efficient screening of persons who access aircraft or restricted areas through screening points, the property in their possession or control, and the belongings or baggage that they give to the air carrier for transport;
• The management of funding agreements with the RCMP for the Canadian Air Carrier Protective Program and with airport authorities for enhanced airport policing; and
• Other air transport security functions provided for in the CATSA Act or assigned to CATSA by the Minister of Transport. Assigned tasks currently include random screening of non-passengers accessing restricted areas at airports and managing the Restricted Area Identification Card (RAIC) program.

CATSA is a Crown corporation reporting to the Minister of Transport. CATSA’s governance structure includes an 11-member Board of Directors, including a Chairperson. The Board appoints a Chief Executive Officer (CEO) to be responsible for day-to-day management of CATSA and the CEO cannot also be a member of the Board. The Minister of Transport recommends appointments to the Board of Directors and appointments are made by the Governor-in-Council. The Minister may also issue binding directives to CATSA and may assign other air transportation security functions to the Authority. The legislation also provides for regulations to be made by the Governor-in-Council.

In April 2005, the Government appointed the Honourable Bob Rae to review and assess whether there are any outstanding questions of public interest with respect to the 1985 bombing of Air India Flight 182.

Mr. Rae’s report, “Lessons to be Learned” was released on November 23, 2005. The Government of Canada accepted the recommendations contained in the report and committed to review the following issues:

• The systemic protocol followed by the Government of Canada when issuing a threat assessment;
• The relationship between the RCMP and CSIS;
• The reconciliation of incompatibilities associated with the collection of evidence and intelligence; and
• Whether Canada has learned all it can from the bombing in terms of public policy in the area of aviation security?

¹ If a judicial inquiry into the Air India flight 182 bombing is established, the Panel’s mandate with respect to the Air India bombing may be affected.

The Advisory Panel will be the Minister’s principal source of advice on the five-year review of the provisions and operation of the CATSA Act. The Minister has also asked for the Panel’s advice on future aviation security requirements that may impact on CATSA’s future operations. As mentioned above, the Panel has been tasked to consider the fourth recommendation of Mr. Rae’s report on the Air India bombing. The Panel may also make observations on other important matters that come to its attention during the course of its work.

The text of the Terms of Reference for the CATSA Act Review Advisory Panel may be found in Appendix B to this document.

Key Issues to be Explored

1. Examine the provisions and operation of the CATSA Act to ensure that the legislation provides a sound and adequate statutory basis for CATSA’s air transport security mandate;
2. Provide advice on future aviation security requirements and other developments that may impact on CATSA’s future operations;
3. Examine whether Canada has learned all it can in the area of aviation security stemming from the Air India bombing; and
4. Inform the Minister on other important issues that come to its attention.

• Screening passengers and their carry-on baggage;
• Screening checked baggage;
• Random screening of non-passengers accessing restricted areas at airports;
• Enhancing the airport pass system for restricted areas (RAIC);
• Administering funding agreements for the Canadian Air Carrier Protective Program;
• Administering airport policing funding agreements.

Keeping in mind CATSA’s assigned roles, the list of questions below relates to its mandate as provided for in the CATSA legislation.

Crown corporations are used to pursue certain public policy objectives, especially when autonomy is a key requirement. They are a diverse set of organizations, operating in many social and economic sectors. Some corporations are completely funded by government appropriations, while others, primarily those with a commercial orientation, tend to be self-sufficient or profit-making. Some have regulatory or quasi-regulatory responsibilities. Some, like CATSA, are agents of the Crown.While they operate at arm’s length from the government, Crown corporations are ultimately accountable to the government.

CATSA is currently the only Canadian government security entity that is a Crown corporation. Other security entities are either full departments (e.g. Public Safety and Emergency Preparedness Canada, Department of National Defence) or departmental portfolio agencies (e.g. CSIS, RCMP, CBSA).

Aviation security in Canada is governed by Regulations and Security Measures under the Aeronautics Act that specify the standards and procedures to be followed by CATSA, airports and air carriers in carrying out their responsibilities. These regulations and measures are largely prescriptive in nature. Transport Canada is responsible for developing, amending and enforcing compliance with these regulations and measures, and for ensuring that they comply with ICAO standards.

It is essential that the legislation provides a sound and adequate basis for CATSA’s aviation security mandate.

In addition to the Panel’s review of the provisions and operation of the CATSA Act, the Minister is seeking advice from the Panel on future aviation security requirements and other developments that may impact on CATSA’s future operations.

2.1  How might social and economic trends affect future aviation patterns and threats?

2.2  What are the emerging threats and trends in aviation security and how might they affect CATSA in carrying out its mandate in the future?

2.3  What are the new technologies and screening/processing practices of the future? How will these new technologies and practices impact CATSA in carrying out its mandate including the acquisition of equipment and maintenance requirements?

2.4  What will be the impact on CATSA services of projected air passenger traffic volumes and patterns, emerging aircraft designs, and airport configurations? What responses will be necessary and available to deal with these industry changes?

“There were grievous breaches of aviation security in the Air India bombing. Has Canada learned enough from the Air India bombing in terms of its public policy in this area, and what further changes in legislation, regulation, and practice are required?”

3.1  Has Canada learned all it can from the Air India bombing?

3.2  Has sufficient action been taken since 1985 to address the specific aviation security breaches associated with the Air India flight 182 bombing, particularly those relating to the screening of passengers and their baggage? Are further changes required in legislation, regulations or practice to specifically address these breaches?

3.3  Is Canada’s aviation security system sufficiently responsive to emerging threats?

4. Observations on Other Important Issues

In addition to the above key questions to which the Panel is seeking input, it may also inform the Minister of other important matters that come to its attention through its research, analysis or consultations.

Next Steps

Stakeholders are encouraged to refer to this web site for information on the progress of the review. Full details on the schedule of upcoming public consultations are also published on this site, along with the timing for submissions. All submissions will be published on this site as they are received, except for information that the originator identifies as being security or commercially sensitive.

Stakeholders are invited to provide written submissions to the Panel either electronically to CATSAActReview@tc.gc.ca or by mail to the CATSA Act Review Secretariat at the address listed below.

Appendix A – Biographies of Advisory Panel Members
Appendix B – Terms of Reference
Appendix C – List of 89 Designated Airports

Back