49-50-51 ELIZABETH II

CHAPTER 9

An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001

[Assented to 27th March, 2002]

      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 Budget Implementation Act, 2001.

PART 1

AIR TRANSPORT SECURITY

Canadian Air Transport Security Authority Act

2. The Canadian Air Transport Security Authority Act is enacted as follows:

An Act to establish the Canadian Air Transport Security Authority

SHORT TITLE

Short title

1. This Act may be cited as the Canadian Air Transport Security Authority Act.

INTERPRETATION

Definitions

2. The definitions in this section apply in this Act.

``Authority''
« Administrati on »

``Authority'' means the Canadian Air Transport Security Authority established by subsection 5(1).

``authorized aerodrome operator''
« exploitant d'aérodrome autorisé »

``authorized aerodrome operator'' means an operator of an aerodrome designated by the regulations who is authorized by the Authority under section 7 to deliver screening.

``board''
« conseil »

``board'' means the board of directors of the Authority established by section 10.

``Minister''
« ministre »

``Minister'' means the Minister of Transport.

``screening''
« contrôle »

``screening'' means screening, including a search, performed in the manner and under the circumstances prescribed in the aviation security regulations or in security measures made under the Aeronautics Act.

``screening contractor''
« fournisseur de services de contrôle »

``screening contractor'' means a contractor retained by the Authority or an authorized aerodrome operator to deliver screening.

``screening officer''
« agent de contrôle »

``screening officer'' means a screening officer who is employed by the Authority, an authorized aerodrome operator or a screening contractor to perform screening.

``screening point''
« point de contrôle »

``screening point'' means a point where screening is delivered, either directly or through a screening contractor, by or on behalf of the Authority in order to meet the requirements of the aviation security regulations or security measures made under the Aeronautics Act.

Interpreta-
tion

3. (1) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Aeronautics Act and the aviation security regulations made under it.

Air transport security

(2) Unless specifically provided for, nothing in this Act affects air transport security responsibilities imposed under the Aeronautics Act on persons other than the Authority.

Inconsis-
tencies with other Acts

(3) In the event of any inconsistency between the provisions of this Act and the provisions of Part X of the Financial Administration Act, the provisions of this Act prevail.

ROLE OF THE MINISTER

Minister responsible

4. (1) The Minister is the appropriate minister for the Authority for the purposes of Part X of the Financial Administration Act.

Directions to the Authority

(2) The Minister may issue a written direction to the Authority, addressed to the Chairperson, on any matter related to air transport security.

Directions binding

(3) The Authority and its directors, officers and employees of the Authority must comply with a direction issued under this section.

Directions in Authority's best interest

(4) Compliance with the direction is deemed to be in the best interests of the Authority.

Directions not statutory instruments

(5) A direction is not a statutory instrument for the purposes of the Statutory Instruments Act.

ESTABLISHMENT AND MANDATE OF THE AUTHORITY

Establish-
ment

5. (1) There is hereby established a body corporate to be called the Canadian Air Transport Security Authority.

Agent of Her Majesty

(2) The Authority is for all purposes an agent of Her Majesty in right of Canada.

Headquarters

(3) The headquarters of the Authority must be at such place in Canada as may be designated by the Governor in Council.

Financial year

(4) The Authority's financial year begins on April 1 of one year and ends on March 31 of the following year, unless the Governor in Council directs otherwise.

Mandate

6. (1) The mandate of the Authority is to take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening points, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport. Restricted areas are those established under the Aeronautics Act at an aerodrome designated by the regulations or at any other place that the Minister may designate.

Other responsibilitie s

(2) The Authority is responsible for ensuring consistency in the delivery of screening across Canada and for any other air transport security function provided for in this Act. It is also responsible for air transport security functions that the Minister may assign to it, subject to any terms and conditions that the Minister may establish.

Carrying out mandate

(3) The Authority must carry out its responsibilities under this section in the public interest, having due regard to the interest of the travelling public. Those responsibilities are a governmental function.

Authorizing aerodrome operators to deliver screening

7. (1) The Authority may authorize the operator of an aerodrome designated by the regulations to deliver screening on its behalf at that aerodrome, either directly or through a screening contractor, subject to any terms and conditions that the Authority may establish.

Limitation

(2) The Authority may not authorize the operator to deliver screening unless it is satisfied that the operator can meet the terms and conditions established by the Authority and deliver screening efficiently and effectively, having regard to the following factors:

    (a) the cost and service advantages;

    (b) the operator's capability to deliver screening; and

    (c) how screening, if done by the operator, would be integrated with other security functions at the aerodrome.

Payments

(3) The Authority may, in the terms and conditions of an authorization, agree to make payments to the authorized aerodrome operator to compensate them for the reasonable costs incurred by them in delivering screening.

Not an agent of Her Majesty

(4) An authorized aerodrome operator does not become an agent of Her Majesty by reason only of delivering screening under an authorization.

Criteria for screening contractors and officers

8. (1) The Authority must establish criteria respecting the qualifications, training and performance of screening contractors and screening officers, that are as stringent as or more stringent than the standards established in the aviation security regulations made under the Aeronautics Act.

Certification

(2) The Authority must certify all screening contractors and officers against the criteria established under subsection (1).

Varying, suspending or cancelling certification

(3) If the Authority determines that a screening contractor or officer no longer meets the criteria in respect of which they were certified, the Authority may vary, suspend or cancel their certification.

Contracting

(4) The Authority may establish contracting policies specifying minimum requirements respecting wages and terms and conditions of employment that persons must meet in order to be awarded a contract by or on behalf of the Authority for the delivery of screening. The Authority must establish such policies if required to do so by the Minister.

Contracts for services or procurement

(5) The Authority must establish policies and procedures for contracts for services and for procurement that ensure that the Authority's operational requirements are always met and that promote transparency, openness, fairness and value for money in purchasing.

LEGAL POWERS OF THE AUTHORITY

Legal powers

9. In carrying out its mandate, the Authority has, subject to this Act, the capacity, rights, powers and privileges of a natural person.

STRUCTURE OF THE AUTHORITY

Board

Establish-
ment

10. (1) There shall be a board of directors of the Authority consisting of eleven directors, including the Chairperson, appointed by the Governor in Council on the recommendation of the Minister.

Directors nominated by airline industry and aerodrome operators

(2) Two of the directors must be nominees submitted by the representatives of the airline industry designated under section 11 whom the Minister considers suitable for appointment as directors, and two must be nominees submitted by the representatives of aerodrome operators designated under that section whom the Minister considers suitable for appointment as directors.

Tenure of directors

(3) Each director holds office during pleasure for any term of not more than five years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors.

Vacancy on board

(4) If the Governor in Council has not appointed all of the directors referred to in subsection (1) but the number appointed constitutes a quorum, the directors who have been appointed may exercise all the powers of the board.

Designation

11. The Minister may designate representatives or classes of representatives of the airline industry and of aerodrome operators to propose nominees to the Minister for appointment to the board.

Qualifica-
tions of directors

12. (1) The directors must be persons who, in the opinion of the Governor in Council, have the experience and the capacity required for discharging their duties and functions.

Persons not eligible for appointment

(2) No person may be appointed or continue as a director of the Authority who

    (a) is not a Canadian citizen or a permanent resident under the Immigration and Refugee Protection Act;

    (b) is a member of the Senate or House of Commons or a member of a legislature;

    (c) is employed on a full-time basis in the public service of Canada or of a province; or

    (d) is a mayor, councillor, officer or employee of a municipality.

Renewal of term

13. The Governor in Council may renew the term of office of any director for a maximum of one further term of not more than five years.

Part-time office

14. (1) The directors must carry out the duties and functions of their office on a part-time basis.

Directors' fees

(2) The directors must be paid by the Authority the remuneration fixed by the Governor in Council for each day that they attend meetings of the board or any of its committees or perform other duties required of them as directors of the Authority.

Expenses

15. The directors are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of residence.