Aeronautics Act ( R.S.C. , 1985, c. A-2)

4.7 The following definitions apply in sections 4.71 to 4.85.

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. ( bien )

means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders. ( contrôle )

• R.S., 1985, c. 33 (1st Supp.), s. 1
• 1992, c. 4, s. 5
• 1999, c. 31, ss. 5, 6
• 2004, c. 15, s. 5

Aviation Security Regulations

Marginal note: Aviation security regulations

• 4.71 (1) The Governor in Council may make regulations respecting aviation security.
• Marginal note: 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 ;
    • 2004, c. 15, s. 5

    Security Measures

    Marginal note: Minister may make security measures

    • 4.72 (1) The Minister may make measures respecting aviation security.
    • Marginal note: 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.
      • (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.
        • 2004, c. 15, s. 5

        Marginal note: Deputy may make measures

        • 4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy 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.
        • Marginal note: Restriction (2) The Minister’s deputy 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.
          • 2004, c. 15, s. 5