- (a) their surname, first name and middle names;
- (b) their date of birth;
- (c) their gender; and
- (d) any other information that is prescribed by regulation.
- 2015, c. 20, s. 11 “6”
- 2019, c. 13, s. 127
Minister
Marginal note: Delegation
7 The Minister may delegate his or her powers, duties and functions under this Act to any officer or employee, or any class of officers or employees, of the Department of Public Safety and Emergency Preparedness.
Marginal note: Exemption power — urgent situations, etc.
- 7.1 (1) The Minister may, by order, on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of subsection 6(2) or of a provision of the regulations with respect to any flight specified in the order if, in his or her opinion,
- (a) the urgency of a situation or circumstances beyond the air carrier’s control would make it difficult for it to comply with that subsection or provision; and
- (b) the exemption is not likely to adversely affect transportation security.
Marginal note: Exemption power — tests
7.2 The Minister may, by order, for any period and on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of a provision of the regulations to allow for the conduct of tests, including tests of new kinds of technologies and tests of alternative measures to those set out in the provision, so as to allow him or her to determine whether any changes to the regulations are required as a result, if, in his or her opinion, the exemption is not likely to adversely affect transportation security.
Marginal note: List
- 8 (1) The Minister may establish a list on which is placed the surname, first name and middle names, any alias, the date of birth and the gender of any person, and any other information that is prescribed by regulation that serves to identify the person, if the Minister has reasonable grounds to suspect that the person will
- (a) engage or attempt to engage in an act that would threaten transportation security; or
- (b) travel by air for the purpose of committing an act or omission that
- (i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition in section 2 of that Act, or
- (ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i).
- (a) by deleting the name of a person and all information relating to them if the grounds for which their name was added to the list no longer exist; or
- (b) by changing the information relating to a listed person.
- 2015, c. 20, s. 11 “8”
- 2019, c. 13, s. 129
Directions
Marginal note: Directions
- 9 (1) The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular,
- (a) the denial of transportation to a person; or
- (b) the screening of a person before they enter a sterile area of an airport or board an aircraft.
Collection and Disclosure of Information
Marginal note: Assistance to Minister
10 The following persons or entities may assist the Minister in the administration and enforcement of this Act, including by collecting information from, and disclosing information to, the Minister and each other:
- (a) the Minister of Transport;
- (b) the Minister of Citizenship and Immigration;
- (c) a member of the Royal Canadian Mounted Police or a civilian employee of that police force;
- (d) the Director or an employee of the Canadian Security Intelligence Service;
- (e) an officer or employee of the Canada Border Services Agency; and
- (f) any other person or entity prescribed by regulation.
Marginal note: Pre-flight verification of identity
10.1 The Minister may, for the purpose of issuing a unique identifier to a person to assist with the verification of their identity before a flight, collect any personal information that they provide.
Marginal note: Identification of listed persons
10.2 The Minister may, for the purpose of identifying listed persons who are on board or expected to be on board an aircraft,
- (a) collect the information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3); and
- (b) collect the information that is provided under subsection 6(4).
Marginal note: Disclosure of information provided under subsection 6(2)
- 10.3 (1) The Minister may disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3)
- (a) for the purpose of obtaining assistance in identifying listed persons who are on board or expected to be on board an aircraft, if the information relates to a person who the Minister has reason to believe is a listed person; and
- (b) 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 with rules of court relating to the production of information.
Marginal note: Disclosure of other information
11 Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is obtained in the exercise or performance of his or her powers, duties or functions under this Act, other than information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3).
- 2015, c. 20, s. 11 “11”
- 2019, c. 13, s. 130
Marginal note: Foreign states
12 The Minister may enter into a written arrangement with the government of a foreign state, an institution of such a government or an international organization relating to the disclosure of any information that he or she is, under subsection 10.3(2) or section 11, permitted to disclose, and may disclose the list, in whole or in part, to the state, institution or organization only in accordance with the arrangement.
- 2015, c. 20, s. 11 “12”
- 2019, c. 13, s. 130
Marginal note: Disclosure to parent
12.1 The Minister may disclose to a child’s parent, or to a child’s guardian or tutor if they have the rights and responsibilities of a parent in relation to the child, that the child is not a listed person.
Marginal note: Minister of Transport
13 The Minister of Transport may, for the purposes of assisting the Minister in the administration and enforcement of this Act,
- (a) disclose the list to air carriers and to operators of aviation reservation systems;
- (b) collect from air carriers and operators of aviation reservation systems any information that is provided under subsection 6(4);
- (c) disclose to air carriers any direction made by the Minister under section 9; and
- (d) disclose information collected from air carriers and operators of aviation reservation systems to the Minister and to any other person or entity referred to in section 10.
- 2015, c. 20, s. 11 “13”
- 2019, c. 13, s. 132
