Bill C-7
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52-53 ELIZABETH II |
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CHAPTER 15 |
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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
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[Assented to 6th May, 2004]
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Public Safety
Act, 2002.
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PART 1 |
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R.S., c. A-2
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AERONAUTICS ACT |
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2. (1) The definition ``textes
d'application'' in subsection 3(1) of the
French version of the Aeronautics Act is
repealed.
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1992, c. 4,
s. 1(3)(F)
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(2) The definition ``Canadian aviation
document'' in subsection 3(1) of the Act is
replaced by the following:
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``Canadian
aviation
document'' « document d'aviation canadien »
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``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;
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(3) Subsection 3(1) of the Act is amended
by adding the following in alphabetical
order:
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``aviation
reservation
system'' « système de réservation de services aériens »
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``aviation reservation system'' means a
system that provides the capability to make
reservations or issue tickets for air services;
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``aviation
security
regulation'' « règlement sur la sûreté aérienne »
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``aviation security regulation'' means a
regulation made under subsection 4.71(1);
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``emergency
direction'' « directive d'urgence »
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``emergency direction'' means a direction
made under section 4.76 or 4.77;
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``interim
order'' « arrêté d'urgence »
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``interim order'' means an interim order made
under subsection 6.41(1) or (1.1);
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``security
clearance'' « habilitation de sécurité »
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``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;
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``security
measure'' « mesure de sûreté »
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``security measure'' means a measure made
under subsection 4.72(1) or 4.73(1);
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(4) Section 3 of the Act is amended by
adding the following after subsection (2):
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Exception
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(3) The following documents are deemed
not to be a Canadian aviation document for the
purposes of sections 6.6 to 7.2:
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R.S., c. 33 (1st
Supp.), s. 1
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3. Subsection 4.3(1) of the Act is replaced
by the following:
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Delegation by
Minister
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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.
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Exception
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(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.
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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):
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R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 4,
ss. 5, 6; 1999,
c. 31, ss. 5, 6
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5. Sections 4.7 and 4.8 of the Act are
replaced by the following:
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Interpretation
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Definitions
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4.7 The following definitions apply in
sections 4.71 to 4.85.
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``goods'' « bien »
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``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.
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``screening'' « contrôle »
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``screening'' 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.
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Aviation Security Regulations
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Aviation
security
regulations
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4.71 (1) The Governor in Council may
make regulations respecting aviation security.
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Contents of
regulations
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(2) Without limiting the generality of
subsection (1), regulations may be made
under that subsection
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Security Measures
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Minister may
make security
measures
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4.72 (1) The Minister may make measures
respecting aviation security.
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Restriction
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(2) The Minister may only make a security
measure in relation to a particular matter if
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Suspension of
s. 4.79(1) and
repeal of
security
measure
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(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
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Effect of
notice
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(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.
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Consultation
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(5) Before making a security measure, the
Minister must consult with any person or
organization that the Minister considers
appropriate in the circumstances.
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Exception
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(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.
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Minister may
carry out
security
measure
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(7) The Minister may carry out the
requirements of a security measure whenever
the Minister considers it necessary to do so.
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Deputy may
make
measures
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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.
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Restriction
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(2) The Minister's deputy may only make a
security measure in relation to a particular
matter if
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Minister may
carry out
security
measure
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(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.
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Duration
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(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 his
or her deputy repeals it before the expiry of the
90 days.
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Relationship
with
regulations
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4.74 (1) A security measure may provide
that it applies in lieu of or in addition to any
aviation security regulation.
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Conflict
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(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.
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Foreign Aircraft Requirements
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Foreign
aircraft
requirements
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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.
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Emergency Directions
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Emergency
directions
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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
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Authorized
officer may
make
emergency
direction
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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.
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Duration
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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.
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Relationship
with
regulations
and security
measures
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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.
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Conflict
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(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.
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Unauthorized Disclosure
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Unauthorized
disclosure -
security
measures
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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.
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