Canadian Aviation Security Regulations, 2012 (SOR/2011-318)

673 [Repealed, SOR/2024-203, s. 3]

Screenings

Marginal note:Authority to screen

674 A person must not screen cargo unless the person is designated by the Minister or is an authorized cargo representative of the designated person.

Marginal note:Screening for threat items

• 675 (1) If a regulated agent or known consignor screens cargo for threat items in order for it to be tendered for transportation by air as secure cargo, the regulated agent or known consignor must

  • (a) conduct the screening in accordance with a security measure;

  • (b) conduct the screening in an area that the regulated agent or known consignor has designated for that purpose;

  • (c) ensure that, while the screening is being conducted, signs are in place at or near the designated area that state, in both official languages, that unauthorized access to the area is prohibited;

  • (d) control access to the designated area while the screening is being conducted to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent or known consignor has access to the area;

  • (e) take measures to detect unauthorized individuals in the designated area while the screening is being conducted;

  • (f) ensure that, while the screening is being conducted, individuals other than an authorized cargo representative of the regulated agent or known consignor do not have access to cargo in the designated area; and

  • (g) ensure that, while the screening is being conducted, cargo in the designated area is not tampered with.

• Marginal note:Authorized access

  (2) An individual who is not an authorized cargo representative of the regulated agent or known consignor is permitted in the designated area if

  • (a) the individual is acting in the course of their employment and requires access to the designated area while screenings are being conducted;

  • (b) the individual has the prior approval of the cargo security coordinator of the regulated agent or known consignor;

  • (c) the cargo security coordinator or one of the regulated agent’s or known consignor’s authorized cargo representatives verifies the identity of the individual by means of government-issued photo identification provided by the individual; and

  • (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent or known consignor.

• Marginal note:Escort limit

  (3) For the purposes of paragraph (2)(d), the regulated agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Storage and Transport Requirements

Marginal note:Storage requirements

• 676 (1) If cargo is screened in order for it to be tendered for transportation by air as secure cargo, a regulated agent, certified agent or known consignor who stores the cargo must

  • (a) store the cargo in an area that they have designated for that purpose;

  • (b) ensure that, while the cargo is stored in the designated area, signs are in place at or near the area that state, in both official languages, that unauthorized access to the area is prohibited;

  • (c) control access to the designated area while the cargo is stored in the area to ensure that, subject to subsection (2), only an authorized cargo representative of the regulated agent, certified agent or known consignor has access to the area;

  • (d) take measures to detect unauthorized individuals in the designated area while the cargo is stored in the area;

  • (e) ensure that, while the cargo is stored in the designated area, individuals other than an authorized cargo representative of the regulated agent, certified agent or known consignor do not have access to cargo in the designated area; and

  • (f) ensure that the cargo is not tampered with while it is stored in the designated area.

• Marginal note:Authorized access

  (2) An individual who is not an authorized cargo representative of the regulated agent, certified agent or known consignor is permitted in the designated area if

  • (a) the individual is acting in the course of their employment and requires access to the designated area while cargo, which has been screened in order that it may be tendered for transportation by air as secure cargo, is stored in the area;

  • (b) the individual has the prior approval of the cargo security coordinator of the regulated agent, certified agent or known consignor;

  • (c) the cargo security coordinator, or one of the authorized cargo representatives of the regulated agent, certified agent or known consignor, verifies the identity of the individual by means of government-issued photo identification provided by the individual; and

  • (d) the individual is, while in the designated area, escorted and kept under surveillance by an authorized cargo representative who has been assigned to that task by the regulated agent, certified agent or known consignor.

• Marginal note:Escort limit

  (3) For the purposes of paragraph (2)(d), the regulated agent, certified agent or known consignor must ensure that the authorized cargo representative does not escort more than 10 individuals at one time.

Marginal note:Transport requirements

677 If cargo is screened in order for it to be tendered for transportation by air as secure cargo, the regulated agent, certified agent or known consignor who transports the cargo must, in accordance with a security measure,

• (a) ensure that the cargo is transported by one or more of their authorized cargo representatives; and

• (b) ensure that there is no unauthorized access to the cargo during transport.

678 [Reserved, SOR/2019-149, s. 2]

[678 reserved]

Cargo Security Coordinators and Authorized Cargo Representatives

Marginal note:Cargo security coordinator — designation

• 679 (1) A regulated agent, certified agent or known consignor must designate a cargo security coordinator who is responsible for coordinating and overseeing compliance with the regulatory requirements that apply to the regulated agent, certified agent or known consignor and for acting as the principal contact between the regulated agent, certified agent or known consignor and the Minister with respect to aviation security matters.

• Marginal note:Cargo security coordinator — restriction

  (2) The regulated agent, certified agent or known consignor must not designate an individual as cargo security coordinator unless that individual is an authorized cargo representative and a senior manager or supervisor.

Marginal note:Authorized cargo representative

• 680 (1) A regulated agent, certified agent or known consignor must not designate an individual as an authorized cargo representative unless the individual

  • (a) is employed by the regulated agent, certified agent or known consignor;

  • (b) has a security clearance or has undergone a background check that indicates that the individual does not pose a risk to aviation security; and

  • (c) has been trained in relation to their duties as an authorized cargo representative.

• Marginal note:Background check

  (2) If the individual undergoes a background check for the purposes of paragraph (1)(b), the regulated agent, certified agent or known consignor must ensure that the background check includes

  • (a) a Canadian criminal record check;

  • (b) a check of the individual’s home addresses for the five years preceding the date of the background check; and

  • (c) a check of the individual’s work history for the five years preceding the date of the background check.

Marginal note:Canadian criminal record check

681 A regulated agent, certified agent or known consignor must, at least once every five years, conduct a Canadian criminal record check on any of their authorized cargo representatives that do not have a security clearance.

Reporting of Security Incidents

Marginal note:Reporting of security incidents

682 A regulated agent, certified agent or known consignor must immediately notify the Minister if they

• (a) detect a threat item in cargo while screening it in order for it to be tendered for transportation by air as secure cargo;

• (b) detect unauthorized access to cargo in their possession that is being screened or has been screened in order that it may be tendered for transportation by air as secure cargo;

• (c) detect signs of tampering with cargo in their possession that is being screened or has been screened in order that it may be tendered for transportion by air as secure cargo; or

• (d) become aware of any other aviation security incident involving cargo that is or was in their possession.

Record Keeping

Marginal note:Cargo security information

683 A regulated agent, certified agent or known consignor who tenders cargo for transportation by air as secure cargo must keep a copy of the information referred to in subsection 672(2), (3) or (4), as applicable, for at least 90 days after the day on which they cease to be in possession of the cargo.

Marginal note:Training record

• 684 (1) A regulated agent, certified agent or known consignor must keep a training record, in paper or electronic format, for each authorized cargo representative.

• Marginal note:Required information

  (2) A training record for an authorized cargo representative must include

  • (a) the name of the authorized cargo representative;

  • (b) their position title;

  • (c) the dates on which they received training in relation to their duties as an authorized cargo representative;

  • (d) a description of those duties; and

  • (e) the name of the trainer.

• Marginal note:Retention period — cessation of duties

  (3) The regulated agent, certified agent or known consignor must keep the training record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.

Marginal note:Background check record

• 685 (1) If an individual undergoes a background check for the purposes of paragraph 680(1)(b) and is designated as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep a record in respect of the background check that contains

  • (a) the name of the individual;

  • (b) the date of the background check; and

  • (c) the name of the person or organization that conducted the background check.

• Marginal note:Retention period

  (2) If the individual ceases to act as an authorized cargo representative, the regulated agent, certified agent or known consignor must keep the record for at least 90 days after the day on which the authorized cargo representative ceases to act in that capacity.