Spring 2000

RECENT CHANGES TO AERONAUTICS ACT

Under the Aeronautics Act, R.S.C. 1985, c. A-2 the Governor in Council may make regulations for the purpose of protecting passengers, crew members, aircraft, aerodromes and other aviation facilities.

In 1987 the Air Carrier Security Regulations and the Aerodrome Security Regulations were passed to achieve the security requirements of the Aeronautics Act. The Air Carrier Security Regulations regulated the security of aircraft operations and the Aerodrome Security Regulations regulated security aspects of aerodrome operations. Both these regulations were repealed on March 23, 2000 and replaced by the Canadian Aviation Security Regulations.

The Canadian Aviation Security Regulations contain a number of new provisions:

* an obligation for air carriers and aerodrome operators to report aviation security incidents to the Minister;
* a requirement for air carriers and other entities to provide security-related information to the Minister on request;
* threat assessment obligations for aerodrome operators similar to those that have been in place for air carriers;
* prohibitions against individuals circumventing or assisting others in circumventing the requirement to undergo security screening;
* controls to ensure the integrity of combination and personal identification codes to prevent unauthorized access to restricted areas;
* provisions related to persons under escort while in a restricted area in accordance with the Airport Restricted Area Access Clearance Security Measures;
* provisions related to the control of emergency exits which provide access to a restricted area; and
* minimum standards for screening officers who perform preboard screening duties.

The Canadian Aviation Security Regulations strengthen and clarify the following old provisions:
* provisions prohibiting false declarations by persons about bombs have been expanded to encompass a broader range of circumstances where hoax threats may be made;
* provisions relating to the possession and transportation of weapons, explosives and incendiary devices on aerodromes and on board aircraft;
* provisions related to the escort and transportation of persons in custody on board aircraft have been broadened to apply to federal, provincial and contracted escort officers as well as peace officers to ensure a uniform and effective approach;
* provisions relating to response to threats and information reporting have been clarified to ensure a coordinated approach to the management of threats against aircraft and air carrier facilities;
* provisions that prohibit the misuse of keys and restricted area passes and which ensure that only authorized persons are able to gain access to restricted areas have been strengthened to improve control of access to restricted areas; and
* provisions relating to the transportation of explosive substances have been clarified in order to harmonize with the Transportation of Dangerous Goods Regulations.

This newsletter is published to keep our clients and friends informed of new and important legal developments. The articles are not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.