PASSENGER PROTECT PROGRAM

The Government of Canada has been consulting with industry on passenger assessment since May 2004, and expanded consultations on a program proposal for Passenger Protect in the summer of 2005. Our consultations with air carriers, airports, labour representatives, civil liberties and ethno-cultural groups as well as the Office of the Privacy Commissioner continue and are essential to the successful design and implementation of a program that enhances security, respects the needs and realities of the aviation industry, and ensures that the privacy and human rights of Canadians are protected.

The Passenger Protect program will add another layer of security to our aviation system to help address potential threats. Terrorist groups continue to target civil aviation, and seek means to defeat existing safeguards and measures.

Under the program, the Government of Canada will create a list with the name, date of birth and gender of each specified person that will be provided to airlines. The 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. 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. Transport Canada will verify information with the airline, confirm whether the individual poses an immediate threat to aviation security and inform the airline, if required, that the individual is not permitted to board the flight. The Royal Canadian Mounted Police (RCMP) would be notified immediately, and police of jurisdiction at the airport would be informed and take action as required.

It is anticipated that the Passenger Protect program will be in place for Canadian domestic flights in early 2007. The second phase of the program will extend to international flights to and from Canada and is anticipated to be in place later in 2007.

Creating the Specified Persons List

The Minister of Transport, Infrastructure and Communities, has the 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.

A Transport Canada-led Advisory Group will be created to assess individuals on a case-by-case basis using information provided by the Canadian Security Intelligence Service (CSIS) and the RCMP, and make recommendations to the Minister of Transport, Infrastructure and Communities concerning their designation as specified persons or the removal of that designation. The Advisory Group will be advised by the Department of Justice, and will include a senior officer from the CSIS, a senior officer from the RCMP, and as required, other Transport Canada officials and representatives from any relevant Canadian government department or agency.

An individual will be added to the specified persons list if their actions lead to a determination that they may pose an immediate threat to aviation security, should they attempt to board an aircraft. Guidelines in making that determination would be focused on aviation security, and include:

• 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; and
• an individual who has been convicted of one or more serious and life-threatening offences and who may attack or harm an air carrier, passengers or crew members.

Identity Screening Regulations

The proposed Identity Screening Regulations will require airlines to screen each person’s name against the specified persons list before issuing a boarding pass, for any person who appears to be 12 years of age or older. The proposed regulations 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 not allow 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.

The proposed regulations also 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.

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.

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 air carriers in Canada.

The proposed regulations will be published in the Canada Gazette, Part I on October 28, 2006.

Reconsideration and Appeals

The Passenger Protect program also includes a reconsideration process for individuals who wish to contest the denial of boarding. An individual who has been denied boarding under the Passenger Protect program will be able to apply to Transport Canada’s Office of Reconsideration (OOR), which may arrange for an independent assessment of the case and make a recommendation. The goal is to provide a non-judicial, efficient mechanism for any member of the public to have their case reviewed by persons independent of those who made the original recommendation to the Minister.

In addition to the OOR, individuals will also have the option of appealing to the Security Intelligence Review Committee, the Commission for Public Complaints against the RCMP, or the Canadian Human Rights Commission, where the request would be handled according to normal procedures. Individuals have the further option of taking the case to Federal Court for judicial review.

Privacy and Human Rights

The protection of privacy rights and human rights is a core element of the Passenger Protect program. In developing the program, Transport Canada continues to work with stakeholders and consult with civil liberties and ethno-cultural groups, and the Office of the Privacy Commissioner on privacy aspects.

A Summary of the Privacy Impact Assessment conducted on the Passenger Protect program is available on the Transport Canada website at http://www.tc.gc.ca/vigilance/sep/passenger_protect/executive_summary.htm. In addition, the Office of the Privacy Commissioner of Canada posed a series of questions to Transport Canada about the Passenger Protect program in August 2005. The questions and the answers shed light on the privacy protection features of the program and are available on the Web at http://www.tc.gc.ca/vigilance/sep/passenger_protect/Q&A.htm.

Transport Canada will continue to work closely with the Office of the Privacy Commissioner in order to further strengthen the privacy provisions of the program prior to its implementation.

More details on the Passenger Protect program and the proposed Identity Screening Regulations are available on Transport Canada’s website at www.tc.gc.ca/vigilance/sep/passenger_protect/menu.htm.

October 2006