PASSENGER PROTECT PROGRAM

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

The Government of Canada began consulting with industry on passenger assessment in May 2004, and expanded consultations on a program proposal for Passenger Protect in the summer of 2005. Consultations with air carriers, airports, labour representatives, civil liberties and ethno-cultural groups as well as the Office of the Privacy Commissioner were 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.

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

The Passenger Protect program was implemented for Canadian domestic flights and international flights to and from Canada on June 18, 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 assesses individuals on a case-by-case basis using information provided by the Canadian Security Intelligence Service and the RCMP, and makes recommendations to the Minister of Transport, Infrastructure and Communities concerning their designation as specified persons or the removal of that designation.

The Advisory Group includes a senior officer from the Canadian Security Intelligence Service and a senior officer from the RCMP (as advised by the Department of Justice), with input from representatives of other Canadian government departments and agencies.

Individuals are added to the specified persons list based on their actions, which 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 are focused on aviation security, and may 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;
• 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

Since June 18, 2007, new Identity Screening Regulations 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 regulations take into account the various ways in which the boarding pass may be obtained: at a kiosk, through 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 through 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 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 is required to check the name on the ID against the list.

Transport Canada is working with air carriers to provide training for agents and staff who will be involved in implementing the ID-verification requirement, and has established procedures that respect the rights of passengers.

The ID requirement under the Passenger Protect program is for one piece of valid government-issued ID with a photo 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 without photo, at least one of which shows name, date of birth and gender, such as a birth certificate.

An exemption for Canadian air passengers who appear to be between 12 and 17 years of age has been modified and extended to March 31, 2008, pending consultations on the need for ID requirements for travellers of this age. During this time, Transport Canada will not require that air travellers under 18 show ID before boarding a flight. It is important to note, however, that verification of passengers' ID is already a practice followed by most major air carriers in Canada, and passengers are advised to check with their individual carriers.

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. Individuals have the further option of making application to Federal Court for judicial review.

Privacy and Human Rights

The protection of privacy and human rights is a core element of the Passenger Protect program. In developing the program, Transport Canada worked with stakeholders and consulted 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 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 www.tc.gc.ca/vigilance/sep/passenger_protect/Q&A.htm;.

More details on the Passenger Protect program and the Identity Screening Regulations are available on Transport Canada's website at www.passengerprotect.gc.ca.

September 2007