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Introduction
The Government of Canada has created the Passenger Protect Program to enhance
the security of air transportation. The program enables the Minister of
Transport, Infrastructure and Communities to deny boarding to persons that the
Minister believes pose an immediate threat to 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 screens passengers against a list of
individuals assessed as threats to aviation security. The program strengthens
Canada’s approach to aviation security and complements other layers of screening
including the physical screening of passengers and their bags before they board
a flight.
Under the program, airlines use a list of individuals, assessed by the
Minister of Transport, Infrastructure and Communities to pose an immediate
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 contacts Transport
Canada for confirmation of identity and a decision about boarding or not
boarding the individual. Any individual who is denied boarding as part of the
program has 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 created the Passenger Protect Advisory Group.
The Passenger Protect Advisory Group meets 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 leads
the Advisory Group, which is advised by the Department of Justice. The Advisory
Group includes 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 has adopted Guidelines to inform the work of the Advisory Group
that reflect 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 is
maintaining a list with the name, date of birth and gender of each specified
person and providing the list to airlines in the program. Airlines are
responsible, under the Identity Screening Regulations, for protecting the
confidentiality of the information.
The information for each specified person listed is reviewed at least once every
30 days. The review checks 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
require airlines to screen each passenger’s name against the specified
persons list before issuing a boarding pass. The 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 are 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 determines whether
the name, date of birth and gender match those of a listed person.
- Section 5 of the Regulations requires 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 is required to check the name on the
ID against the list.
- The ID requirement under the Passenger Protect Program is 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 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 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 compare the names of individuals intending to board flights with the
names on the specified persons list, and verify with the individual’s
government-issued identification when there is a name match. Identification is
verified in person at the airport check-in counter. Transport Canada works with
air carriers to provide training for agents and staff who are 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
is required to inform Transport Canada.
A Transport Canada officer is 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 verifies information with the airline and
makes 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 do 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 are 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 informs the airline that the individual is not permitted
to board the flight. The Transport Canada officer issues 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.
When the airline receives an Emergency Direction stating that they are not
allowed to board the specified person, the airline then informs the person that
an Emergency Direction has been issued and makes available contact information
for Transport Canada’s Office of Reconsideration.
When an Emergency Direction is issued, airlines follow their established
security procedures, Transport Canada notifies the RCMP immediately, and police
having local jurisdiction are informed and take action as required.
Any person who has received an Emergency Direction to deny boarding can
request a review of the decision by submitting an application to the Office of
Reconsideration.
False Positives
Transport Canada has taken 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 is limited in scope and focused only on
aviation security;
- The list is reviewed and refreshed at least every 30 days to incorporate
any new information quickly;
- The list provided to air carriers provides name, date of birth and
gender for each entry, which allows accurate identification;
- Air carriers verify possible matches with the list;
- Individuals are required to present government-issued ID for the
verification of name, date of birth and gender;
- Air carriers are 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 is available 24/7 to receive calls from
airlines. The Government, not the airline, makes 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 is available.
Office of Reconsideration:
Website
Privacy
The protection of privacy rights and human rights is a core element of the
Passenger Protect Program. In developing the program, Transport Canada has
consulted 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, was submitted to the Office of the Privacy Commissioner.
Recommendations from the Office of the Privacy Commissioner to further enhance
privacy were included in a work plan and addressed before program
implementation.
A Summary of the Privacy Impact Assessment is available on the Transport
Canada website.
The confidentiality of the specified persons list is addressed through the
Identity Screening Regulations . The regulations require airlines to limit access
to the list, and to keep the list confidential, including the fact that an
individual is a specified person.
Implementation Date
The program implementation date is June 18, 2007 for Canadian domestic flights
and 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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