Bill C-7
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Court to
inform
Minister
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(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.
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Order
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(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.
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Security Clearances
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Granting,
suspending,
etc.
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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.
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Provision of Information
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Definition
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4.81 (0.1) The following definition applies
in this section and in section 4.82.
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``transportatio
n security'' « sûreté des transports »
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``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,
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Requirement
to provide
information
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(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
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Restriction on
disclosure -
Department of
Transport
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(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.
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Restriction on
disclosure -
other persons
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(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
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Restriction on
further
disclosures
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(4) Information disclosed under subsection
(3) may be further disclosed only for the
purposes of transportation security, and it may
be disclosed
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Deeming
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(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).
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Destruction of
information
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(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.
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Destruction of
information
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(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.
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Destruction of
information
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(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).
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Application
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(9) Subsections (6) to (8) apply despite any
other Act of Parliament.
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Amendment
of schedule
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(10) The Governor in Council may, on the
recommendation of the Minister, by order
amend the schedule.
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Definitions
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4.82 (1) The following definitions apply in
this section.
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Commissioner « commissaire »
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``Commissioner'' means the Commissioner of
the Royal Canadian Mounted Police.
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Director « directeur »
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``Director'' means the Director of the
Canadian Security Intelligence Service.
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``warrant'' « mandat »
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``warrant'' means
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Designation
of persons
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(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.
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Designation
of persons
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(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.
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Requirement
to provide
information
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(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
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Requirement
to provide
information
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(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
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Disclosure to
other
designated
persons
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(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).
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Restriction on
disclosure of
information to
other persons
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(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.
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Disclosure to
Minister and
air carriers,
etc.
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(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.
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Disclosure to
Aircraft
Protective
Officer
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(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.
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Urgent
disclosure
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(10) A person designated under subsection
(2) or (3) may disclose information referred to
in subsection (7) if he or she has reason to
believe that there is an immediate threat to
transportation security or the life, health or
safety of a person and that the person to whom
the disclosure is to be made is in a position to
take measures to respond to the threat and
needs the information to respond. In making
the disclosure the designated person may
disclose information only to the extent that he
or she believes the information is necessary to
respond to the threat.
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Disclosure to
peace officer
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(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.
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Disclosure to
employee of
the Canadian
Security
Intelligence
Service
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(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.
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Recording of
reasons
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(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.
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Destruction of
information
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(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.
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Review of
information
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(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 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. The Commissioner
and the Director must each keep a record of
their review.
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Exception
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(16) Subsections (14) and (15) do not apply
in respect of records prepared under
subsection (13).
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Application
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(17) Subsections (14) and (15) apply
despite any other Act of Parliament.
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Right to
provide
information
preserved
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(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.
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Right to
collect
information
under other
Acts
preserved
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(19) Nothing in this section prohibits the
collection of any information if the collection
is otherwise lawful.
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Regulations
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(20) The Governor in Council may make
regulations generally for carrying out the
purposes and provisions of this section.
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2001, c. 38,
s. 1
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6. Subsections 4.83(1) and (2) of the Act
are replaced by the following:
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Foreign states
requiring
information
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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.
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Restriction -
government
institutions
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(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.
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7. The Act is amended by adding the
following after section 4.83:
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Screenings
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Designation
of persons to
conduct
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4.84 The Minister may designate, in
writing, persons to conduct screenings,
subject to any restrictions or conditions that
the Minister may specify.
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Prohibition -
persons and
goods
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4.85 (1) If an aviation security regulation, a
security measure, an emergency direction or
an interim order 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, emergency
direction or interim order, as the case may be,
of
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Prohibition -
conveyances
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(2) If an aviation security regulation, a
security measure, an emergency direction or
an interim order 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, emergency
direction or interim order, as the case may be.
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Prohibition
relating to air
carriers
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(3) If an aviation security regulation, a
security measure, an emergency direction or
an interim order 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, emergency
direction or interim order, as the case may be.
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Prohibition
relating to
persons who
accept goods
for transporta- tion
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(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, emergency direction or interim
order, as the case may be.
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Air Carrier and Aerodrome Assessments
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Assessment
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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.
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Verifying Compliance and Testing
Effectiveness
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No offence
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4.87 A person authorized by the Minister to
verify compliance with aviation security
regulations, security measures, emergency
directions or interim orders, 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, an emergency
direction or an interim order.
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