Bill C-17

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002
	House of Commons of Canada
	BILL C-17
	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, 2002.
	PART 1
R.S., c. A-2	AERONAUTICS ACT
	*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 (1) The definition ``textes d'application'' in subsection 3(1) of the French version of the Aeronautics Act* is repealed.**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 reservation system'' « système de réservation de services aériens »	``aviation reservation system'' means a system that provides the capability to make reservations or issue tickets for air services;
``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 4.76 or 4.77;
``security clearance'' « habilitation de sécurité »	``security clearance'' means a security clearance granted under section 4.8 to a person who is considered to be fit from a transportation security perspective;
``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 safety 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;
	(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 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 any person or any class of persons to have a security clearance as a condition to conducting any activity specified in the regulations or to being
	(i) the holder of a Canadian aviation document,
	(ii) a crew member, or
	(iii) the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations;
	(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) establishing security requirements for the design or construction of aircraft and aerodromes and other aviation facilities;
	(k) requiring security management systems to be established by the Canadian Air Transport Security Authority and 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 used 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 used in aircraft and aerodromes and other aviation facilities; and
	(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.
Restriction	(2) The Minister may only make a security measure in relation to a particular matter if
	(a) an aviation security regulation could be made in relation to that matter; and
	(b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.
Suspension of s. 4.79(1) and repeal of security measure	(3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must
	(a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and
	(b) repeal the security measure before the earlier of
	(i) the day that is one year after the notice is published, and
	(ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure.
Effect of notice	(4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published.
Consultation	(5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.
Exception	(6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.
Minister may carry out security measure	(7) 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 whenever the officer is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.
Restriction	(2) The officer may only make a security measure in relation to a particular matter if
	(a) an aviation security regulation could be made in relation to that matter; and
	(b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.
Minister may carry out security measure	(3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so.
Duration	(4) 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.
	Foreign Aircraft Requirements
Foreign aircraft requirements	4.75 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	4.76 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	4.77 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 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.
Duration	4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.
Relationship with regulations and security measures	4.78 (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 - security measures	4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure 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.
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, 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 and give the Minister a reasonable opportunity to make representations with respect to it.

Bill C-17

BILL C-17

SHORT TITLE

PART 1

AERONAUTICS ACT