No. H 219/07
For release - November 22, 2007

CANADA'S GOVERNMENT URGES U.S. TO CONSIDER EXEMPTION FOR ALL OF CANADIAN OVERFLIGHTS

OTTAWA — The Honourable Lawrence Cannon, Minister of Transport, Infrastructure and Communities, today announced that the Government of Canada has submitted its official comments on the United States Notice of Proposed Rulemaking (NPRM) by the Department of Homeland Security on the Secure Flight Program, urging the U.S. to exempt all Canadian overflights.

"The Government of Canada is concerned about the implications of the U.S. proposed Secure Flight Program; and we are working hard to find a solution," said Minister Cannon. "Canada and the United States have long worked closely together to promote aviation security, and this cooperation has greatly intensified since the tragic events of September 11, 2001. We want to continue this spirit of cooperation, which includes an assessment of threat and risk, recognizes existing security initiatives and values privacy and individual rights. For these reasons, it is imperative that we provide the U.S. with our comments and suggestions on this proposed regulation."

The official comments represent the Government of Canada's position and recommendations on the proposed U.S. Secure Flight Program. They include an assertion that, in light of existing strong security protocols and security initiatives and ongoing and growing cooperative capacity to address security challenges, all flights between Canada and third countries that overfly the U.S. should be exempt from the U.S. Secure Flight program. So far, all domestic Canadian flights, representing over 75 per cent of overflights, will be exempt under the proposed U.S. Secure Flight Program.

"We acknowledge the right of a country under the international law of the 1944 Chicago Convention to regulate access to its airspace, including overflights that do not land in its territory," continued Minister Cannon. "However, in light of our complementary security systems and the security cooperation of Canada and the United States, and the relative risk, we believe that there are excellent security grounds for the proposed Secure Flight Program to exempt all flights to, from and within Canada that overfly the United States."

The official comments also express concern about the impact that the proposed program would have on the privacy of Canadians. In particular, the comments underscore that consent is central to Canadian privacy standards.

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BACKGROUNDER

CANADIAN GOVERNMENT RESPONSE TO U.S TRANSPORTATION SECURITY ADMINISTRATION'S NOTICE OF PROPOSED RULEMAKING OF AUGUST 23, 2007 (DOCKET NUMBER TSA-2007-28572) REGARDING THE SECURE FLIGHT PROGRAM

The official comments of the Government of Canada on the U.S. Transportation Security Administration’s Notice of Proposed Rulemaking (NPRM) regarding the Secure Flight Program were delivered on November 21, 2007.

The official comments state the following points:

• Canada and the United States already cooperate on a number of initiatives that enhance the security of flights in North American airspace, including close cooperation between their transportation security authorities, joint efforts through the North American Defence Command (NORAD) for military response capability, and the In Flight Security Officers programs. Canada and the United States have comparable security programs in a number of areas, including the physical and identity screening of passengers, security clearances for airport staff and enhanced control over access to restricted areas at airports;
• The risks represented by overflights can be mitigated and managed through effective security measures and appropriate cooperation between the two countries;
• In light of existing security initiatives and the ongoing cooperative capacity to respond to security situations, Canada is asking for an exemption of all overflights to and from Canada over the U.S.;
• The Government of Canada appreciates that all domestic Canadian flights that overfly the U.S. are exempted under the current NPRM, and requests that all flights between Canada and third countries that overfly the U.S. be exempt
• The protection of the privacy of travelers is of critical concern. The concept of consent is central to Canadian privacy standards; and
• Canada is also concerned that the proposed Secure Flight program could use passenger information for vetting against watch lists of individuals, beyond those who pose a threat to aviation security.

November 2007