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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-42

An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Public Safety Act.

PART 1

R.S., c. A-2

AERONAUTICS ACT

Amendments

2. (1) The definition ``textes d'application'' in subsection 3(1) of the French version of the Aeronautics Act is repealed.

1992, c. 4, s. 1(3)(F)

(2) The definition ``Canadian aviation document'' in subsection 3(1) of the Act is replaced by the following:

``Canadian aviation document''
« document d'aviation canadien »

``Canadian aviation document'' means, subject to subsection (3) , any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service.

(3) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:

``aviation security regulation''
« règlement sur la sûreté aérienne »

``aviation security regulation'' means a regulation made under subsection 4.71(1);

``emergency direction''
« directive d'urgence »

``emergency direction'' means a direction made under section 4.77 or 4.78;

``security clearance''
« habilitation de sécurité »

``security clearance'' means a security clearance granted under subsection 4.81(1);

``security measure''
« mesure de sûreté »

``security measure'' means a measure made under subsection 4.72(1) or 4.73(1);

(4) Section 3 of the Act is amended by adding the following after subsection (2):

Exception

(3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.2:

      (a) a security clearance;

      (b) a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations, that is issued in respect of an aerodrome that the Minister operates; and

      (c) a Canadian aviation document specified in an aviation security regulation for the purpose of this subsection.

R.S., c. 33 (1st Supp.), s. 1

3. Subsection 4.3(1) of the Act is replaced by the following:

Delegation by Minister

4.3 (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction.

Exception

(1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so.

4. Subsection 4.4(2) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (a):

    (a.1) in respect of any security measure that is carried out by or on behalf of the Minister; or

R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, ss. 5, 6; 1999, c. 31, ss. 5, 6

5. Sections 4.7 and 4.8 of the Act are replaced by the following:

Interpretation

Definitions

4.7 The following definitions apply in sections 4.71 to 4.85.

``goods''
« bien »

``goods'' means anything that may be taken or placed on board an aircraft, or that may be brought into an aerodrome or other aviation facility, including personal belongings, baggage, cargo and conveyances.

``screening''
« contrôle »

``screening'' means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures or emergency directions.

Aviation Security Regulations

Aviation security regulations

4.71 (1) The Governor in Council may make regulations respecting aviation security.

Contents of regulations

(2) Without limiting the generality of subsection (1), regulations may be made under that subsection

    (a) respecting the protection of the public, passengers, crew members, aircraft and aerodromes and other aviation facilities;

    (b) respecting restricted areas in aircraft or at aerodromes or other aviation facilities, including regulations respecting their identification, access to them and their administration or management;

    (c) respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility, including regulations respecting who may conduct the screenings;

    (d) respecting the screening of goods that are intended to be taken or placed on board an aircraft or brought into an aerodrome or other aviation facility, or that are inside an aircraft or an aerodrome or other aviation facility, including regulations respecting who may conduct the screenings and regulations authorizing the use of force to gain access to goods being screened;

    (e) respecting the seizure or detention of goods in the course of screenings, including regulations respecting the destruction of seized or detained goods;

    (f) respecting the prevention of unlawful interference with civil aviation and the action that is to be taken if that interference occurs or is likely to occur;

    (g) requiring classes of persons to have a security clearance;

    (h) respecting the making of applications for security clearances and the information to be provided by applicants;

    (i) specifying Canadian aviation documents for the purpose of paragraph 3(3)(c);

    (j) specifying security requirements for the design or construction of aircraft and aerodromes and other aviation facilities;

    (k) requiring security management systems to be established by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems;

    (l) establishing security requirements for equipment, systems and processes for use in aircraft and aerodromes and other aviation facilities;

    (m) respecting the qualifications, training and standards of performance of classes of persons having responsibilities for security requirements;

    (n) respecting the testing of the effectiveness of equipment, systems and processes for use in aircraft and aerodromes and other aviation facilities; or

    (o) respecting the provision to the Minister of aviation security related information specified in the regulations.

Security Measures

Minister may make security measures

4.72 (1) The Minister may make measures respecting aviation security, including measures dealing with any matter that may be dealt with in aviation security regulations.

Consultation

(2) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.

Coming into force

(3) A security measure does not come into force until at least 30 days after it is made.

Exception

(4) Subsections (2) and (3) do not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security or the protection of the public.

Minister may carry out security measure

(5) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.

Authorized officer may make measures

4.73 (1) The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security, including measures dealing with any matter that may be dealt with in aviation security regulations whenever the officer is of the opinion that the measures are immediately required for aviation security or the protection of the public.

Duration

(2) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or the officer who made it repeals it before the expiry of the 90 days.

Relationship with regulations

4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.

Conflict

(2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.

Apportionment of Costs

Apportion-
ment of costs

4.75 (1) The Minister may apportion the costs of any security measure between the persons to whom it is directed, or by whom it is carried out, and any person or persons who, in the opinion of the Minister, would reasonably be expected to benefit from the security measure. As part of the apportionment of costs, the Minister may specify to whom the costs are payable.

Recovery

(2) An apportionment of costs constitutes a debt that is payable immediately by the person against whom it is made, and it may be recovered as such in any court of competent jurisdiction.

Foreign Aircraft Requirements

Foreign aircraft requirements

4.76 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister.

Emergency Directions

Emergency directions

4.77 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting

    (a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them;

    (b) the diversion of aircraft to alternate landing sites; and

    (c) the movement of aircraft or persons at aerodromes or other aviation facilities.

Authorized officer may make emergency direction

4.78 (1) The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.77 whenever the officer is of the opinion that there is a threat referred to in that section.

Compliance

(2) Every person to whom an emergency direction is directed must comply with it.

Relationship with regulations and security measures

4.79 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.

Conflict

(2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.

Unauthorized Disclosure

Unauthorized disclosure

4.8 (1) No person other than the person who made the security measure or emergency direction shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure or emergency direction, as the case may be.

Court to inform Minister

(2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure or emergency direction, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure or emergency direction and give the Minister a reasonable opportunity to make representations with respect to it.

Order

(3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order its production and discovery, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure or emergency direction.

Security Clearances

Granting, suspending, etc.

4.81 (1) The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.

Precondition requirement

(2) The Minister may require a security clearance as a precondition to being

    (a) the holder of a Canadian aviation document;

    (b) a crew member; or

    (c) the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations.

Provision of Information

Requirement to provide information

4.82 (1) The Minister may, for the purposes of transportation security, require any air carrier or any person who operates an aviation reservation system to provide the Minister, within the time and in the manner specified by the Minister, with information prescribed in the regulations

    (a) that is in the air carrier's or person's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister if the Minister is of the opinion that there is an immediate threat to that flight; or

    (b) that is in the air carrier's or person's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister.

Restrictions on disclosure

(2) Information obtained by the Minister under subsection (1) may be disclosed only if the Minister is of the opinion that its disclosure is necessary for transportation security, and the information may be disclosed only in accordance with the regulations.

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