Bill C-49
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1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
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House of Commons of Canada
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BILL C-49 |
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An Act to implement certain provisions of the
budget tabled in Parliament on
December 10, 2001
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Budget
Implementation Act, 2001.
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PART 1 |
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AIR TRANSPORT SECURITY |
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Canadian Air Transport Security Authority Act |
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2. The Canadian Air Transport Security
Authority Act is enacted as follows:
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An Act to establish the Canadian Air
Transport Security Authority
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Canadian
Air Transport Security Authority Act.
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INTERPRETATION |
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Definitions
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2. The definitions in this section apply in
this Act.
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``Authority'' « Administrati on »
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``Authority'' means the Canadian Air
Transport Security Authority established by
subsection 5(1).
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``authorized
aerodrome
operator'' « exploitant d'aérodrome autorisé »
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``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.
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``board'' « conseil »
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``board'' means the board of directors of the
Authority established by section 10.
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``Minister'' « ministre »
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``Minister'' means the Minister of Transport.
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``screening'' « contrôle »
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``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.
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``screening
contractor'' « fournisseur de services de contrôle »
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``screening contractor'' means a contractor
retained by the Authority or an authorized
aerodrome operator to deliver screening.
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``screening
officer'' « agent de contrôle »
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``screening officer'' means a screening officer
who is employed by the Authority, an
authorized aerodrome operator or a
screening contractor to perform screening.
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``screening
point'' « point de contrôle »
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``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.
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Interpreta- tion
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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.
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Air transport
security
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(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.
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Inconsis- tencies with other Acts
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(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.
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ROLE OF THE MINISTER |
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Minister
responsible
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4. (1) The Minister is the appropriate
minister for the Authority for the purposes of
Part X of the Financial Administration Act.
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Directions to
the Authority
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(2) The Minister may issue a written
direction to the Authority, addressed to the
Chairperson, on any matter related to air
transport security.
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Directions
binding
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(3) The Authority and its directors, officers
and employees of the Authority must comply
with a direction issued under this section.
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Directions in
Authority's
best interest
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(4) Compliance with the direction is
deemed to be in the best interests of the
Authority.
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Directions not
statutory
instruments
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(5) A direction is not a statutory instrument
for the purposes of the Statutory Instruments
Act.
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ESTABLISHMENT AND MANDATE OF THE AUTHORITY |
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Establish- ment
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5. (1) There is hereby established a body
corporate to be called the Canadian Air
Transport Security Authority.
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Agent of Her
Majesty
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(2) The Authority is for all purposes an
agent of Her Majesty in right of Canada.
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Headquarters
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(3) The headquarters of the Authority must
be at such place in Canada as may be
designated by the Governor in Council.
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Financial year
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(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.
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Mandate
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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.
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Other
responsibilitie
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(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.
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Carrying out
mandate
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(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.
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Authorizing
aerodrome
operators to
deliver
screening
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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.
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Limitation
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(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:
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Payments
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(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.
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Not an agent
of Her
Majesty
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(4) An authorized aerodrome operator does
not become an agent of Her Majesty by reason
only of delivering screening under an
authorization.
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Criteria for
screening
contractors
and officers
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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.
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Certification
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(2) The Authority must certify all screening
contractors and officers against the criteria
established under subsection (1).
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Varying,
suspending or
cancelling
certification
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(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.
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Contracting
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(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.
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Contracts for
services or
procurement
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(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.
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LEGAL POWERS OF THE AUTHORITY |
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Legal powers
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9. In carrying out its mandate, the Authority
has, subject to this Act, the capacity, rights,
powers and privileges of a natural person.
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STRUCTURE OF THE AUTHORITY |
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Board |
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Establish- ment
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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.
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Directors
nominated by
airline
industry and
aerodrome
operators
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(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.
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Tenure of
directors
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(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.
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Vacancy on
board
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(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.
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Designation
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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.
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Qualifica- tions of directors
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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.
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Persons not
eligible for
appointment
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(2) No person may be appointed or continue
as a director of the Authority who
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Renewal of
term
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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.
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Part-time
office
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14. (1) The directors must carry out the
duties and functions of their office on a
part-time basis.
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Directors'
fees
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(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.
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Expenses
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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.
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