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AERONAUTICS ACT

Identity Screening Regulations

SOR/2007-82



IDENTITY SCREENING REGULATIONS

 

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"Act"

« Loi »

"Act" means the Aeronautics Act.

 

"boarding pass"

« carte d'embarquement »

"boarding pass" includes a ticket or other document that is both accepted by an air carrier and approved by an aerodrome operator as confirmation of the holder's status as a passenger on a flight.

 

 

APPLICATION

2. These Regulations apply in respect of the following passengercarrying flights if the passengers are screened before boarding for weapons, explosive substances, incendiary devices or their components or other dangerous items that could be used to jeopardize the security of an aerodrome or an aircraft:

(a) domestic flights that depart from aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and are conducted by air carriers under Subpart 5 of Part VII of the Canadian Aviation Regulations; and

(b) international flights that depart from or will arrive at aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations and are conducted by air carriers

(i) under Subpart 1 of Part VII of the Canadian Aviation Regulations using aircraft that have a maximum certificated take-off weight (MCTOW) of more than 8 618 kg (19,000 pounds) or have a seating configuration, excluding crew seats, of 20 or more, or

(ii) under Subpart 5 of Part VII of the Canadian Aviation Regulations.

 

SCREENING

CHECK-IN

3. (1) An air carrier shall, before issuing a boarding pass to any person who appears to be 12 years of age or older, screen the person by comparing his or her name with the names of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

(2) If the name of the person is the same as that of a person specified to the air carrier, the air carrier shall ask the person for one piece of government-issued photo identification that shows his or her name, date of birth and gender or for two pieces of government-issued identification at least one of which shows his or her name, date of birth and gender.

(3) If the name, date of birth and gender on the identification are the same as those of a person specified to the air carrier, the air carrier shall immediately so inform the Minister.

 

4. An air carrier shall not allow a person to print a boarding pass at a kiosk or off the Internet if the person's name is the same as that of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

 

5. (1) An air carrier shall, at a boarding gate, screen any person who appears to be 12 years of age or older by asking the person for one piece of government-issued photo identification that shows his or her name, date of birth and gender or for two pieces of government-issued identification at least one of which shows his or her name, date of birth and gender.

(2) If the name on the identification is not the same as the name on the person's boarding pass, the air carrier shall compare the name, date of birth and gender on the identification with those of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

(3) If the name, date of birth and gender on the identification are the same as those of a person specified to the air carrier, the air carrier shall immediately so inform the Minister.

 

CONTACT INFORMATION

6. If an air carrier informs the Minister that the name, date of birth and gender on the identification of a person being screened are the same as those of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the air carrier shall provide the Minister with an e-mail address and fax number to which the Minister can send emergency directions respecting the person.

 

7. If an emergency direction is made in respect of a person specified to an air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the Minister shall provide the air carrier with contact information for the Department of Transport's Office of Reconsideration and the air carrier shall make that contact information available to the person.

 

DURATION OF SCREENINGS

8. If an air carrier informs the Minister that the name, date of birth and gender on the identification of a person being screened are the same as those of a person specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act, the screening is not completed until the Minister or a person authorized by the Minister under section 4.77 of the Act makes an emergency direction or informs the air carrier that an emergency direction will not be made.

 

CONFIDENTIALITY OF INFORMATION

9. (1) If the Minister specifies a person to an air carrier under paragraph 4.81(1)(b) of the Act, no person shall disclose any information respecting the specified person that was provided to the air carrier by the Minister for the purposes of these Regulations including the specified person's name, date of birth, gender and the fact that he or she was specified.

(2) The air carrier shall ensure that access to information respecting the specified person is restricted to air carrier employees, agents or contractors who require that access to carry out their duties.

 

COMING INTO FORCE

10. These Regulations come into force on June 18, 2007.

 

Established by:

SOR/2007-82 April 26, 2007 pursuant to sections 4.71 and 4.9 of the Aeronautics Act, comes into force on June 18, 2007.

 


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