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 the production or discovery of the security measure, 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.
	Security Clearances
Granting, suspending, etc.	4.8 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.
	Provision of Information
Requirement to provide information	4.81 (1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule
	(a) that is in the air carrier's or operator's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or
	(b) that is in the air carrier's or operator'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 or officer.
Restriction on disclosure - Department of Transport	(2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security.
Restriction on disclosure - other persons	(3) Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to
	(a) the Minister of Citizenship and Immigration;
	(b) the Minister of National Revenue;
	(c) the chief executive officer of the Canadian Air Transport Security Authority; and
	(d) a person designated under subsection 4.82(2) or (3).
Restriction on further disclosures	(4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed
	(a) in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration;
	(b) in the case of information disclosed to the Minister of National Revenue, only to persons in the Canada Customs and Revenue Agency;
	(c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and
	(d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5).
Deeming	(5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5).
Destruction of information	(6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection.
Destruction of information	(7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection.
Destruction of information	(8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3).
Application	(9) Subsections (6) to (8) apply despite any other Act of Parliament.
Amendment of schedule	(10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.
Definitions	4.82 (1) The following definitions apply in this section.
Commissioner « commissaire »	``Commissioner'' means the Commissioner of the Royal Canadian Mounted Police.
Director « directeur »	``Director'' means the Director of the Canadian Security Intelligence Service.
``transportatio n security'' « sûreté des transports »	``transportation security'' means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,
	(a) loss of life or personal injury;
	(b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or
	(c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure.
``warrant'' « mandat »	``warrant'' means
	(a) a warrant issued in Canada in respect of the arrest of a person for the commission of an offence that may be punishable under any Act of Parliament by imprisonment for a term of five years or more and that is specified by regulations made under subsection (20);
	(b) a warrant issued under subsection 55(1) or 82(1) of the Immigration and Refugee Protection Act; or
	(c) a warrant or other document issued outside Canada relating to the arrest of a person who can be extradited from Canada under subsection 3(1) of the Extradition Act.
Designation of persons	(2) The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police.
Designation of persons	(3) The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section.
Requirement to provide information	(4) The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule
	(a) that is in the air carrier's or operator's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or
	(b) that is in the air carrier's or operator'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 person imposing the requirement.
Requirement to provide information	(5) The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of ``threats to the security of Canada'' referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule
	(a) that is in the air carrier's or operator's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or
	(b) that is in the air carrier's or operator'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 person imposing the requirement.
Disclosure to other designated persons	(6) Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3).
Restriction on disclosure of information to other persons	(7) A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information.
Disclosure to Minister and air carriers, etc.	(8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.
Disclosure to Aircraft Protective Officer	(9) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security.
Urgent disclosure to any person	(10) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to any person if the designated person has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person.
Disclosure to peace officer	(11) A person designated under subsection (2) may disclose information referred to in subsection (7) to any peace officer if the designated person has reason to believe that the information would assist in the execution of a warrant.
Disclosure to employee of the Canadian Security Intelligence Service	(12) A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a ``threat to the security of Canada'' referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act.
Recording of reasons	(13) A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed.
Destruction of information	(14) Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of ``threats to the security of Canada'' referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained.
Review of information	(15) At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not justified. The Commissioner and the Director must each keep a record of their review.
Exception	(16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13).
Application	(17) Subsections (14) and (15) apply despite any other Act of Parliament.
Right to provide information preserved	(18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful.
Right to collect information under other Acts preserved	(19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful.
Regulations	(20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section.
2001, c. 38, s. 1	6. Subsections 4.83(1) and (2) of the Act are replaced by the following:
Foreign states requiring information	4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and, despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is scheduled to land in a foreign state or of a Canadian aircraft departing from any place outside Canada that is scheduled to land in a foreign state may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in its control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.
Restriction - government institutions	(2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada , and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.
	7. The Act is amended by adding the following after section 4.83:
	Screenings
Designation of persons to conduct	4.84 The Minister may, in writing, designate persons to conduct screenings.
Prohibition - persons and goods	4.85 (1) If an aviation security regulation, a security measure or an emergency direction requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure or emergency direction, as the case may be, of
	(a) his or her person; or
	(b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome.
Prohibition - conveyances	(2) If an aviation security regulation, a security measure or an emergency direction requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure or emergency direction, as the case may be.
Prohibition relating to air carriers	(3) If an aviation security regulation, a security measure or an emergency direction requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure or emergency direction, as the case may be.
Prohibition relating to persons who accept goods for transporta- tion	(4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure or emergency direction, as the case may be.
	Air Carrier and Aerodrome Assessments
Assessment	4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers.
	Verifying Compliance and Testing Effectiveness
No offence	4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures or emergency directions, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure or an emergency direction.
R.S., c. 33 (1st Supp.), s. 1	8. Section 5.1 of the Act is replaced by the following:
Restrictions and prohibitions for safety or security purposes	5.1 The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public.