Amendments to the Secure Air Travel Regulations
Description of the objective
Under the Passenger Protect Program (PPP) the Minister of Public Safety and Emergency Preparedness has the authority to list individuals if there are reasonable grounds to suspect that they will engage, or attempt to engage in an act that would threaten transportation security; or are traveling by air for the purpose of committing an act or omission related to terrorism such as terrorist attacks, funding for weapons, training and recruitment. The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent such a person from engaging in such activities, such as directing an air carrier to deny transportation to the individual, or requiring that they undergo additional screening before allowing them to enter the waiting area of an airport.
The Government has proposed amendments to the Secure Air Travel Act (SATA) in Bill C-59, Part VI, in order to address issues in the current PPP model. As a result of these proposed legislative amendments, Public Safety is now proposing amendments to the Secure Air Travel Regulations (SATR) in order to ensure alignment between the legislation and the regulations which will provide the legal framework for the enhanced PPP. Specifically, the proposed amendments would enable the centralized screening and redress components of the enhanced PPP.
The proposed amendments to the SATR have three objectives:
- Ensuring effective, consistent and rigorous screening of the SATA List;
- Strengthening privacy safeguards and integrity of the PPP; and
- Enhancing procedural fairness for false-positive matches.
Indication of business impacts
There may be business impacts. The “One-for-One” Rule and/or the small business lens may apply.
Public consultation opportunities
- Consultation with Canadians was conducted in the fall of 2016 through the National Security Consultations and the input received guided the development of Bill C-59 and shaped the development of the redress mechanism for false-positive matches to the SATA List. https://www.canada.ca/en/services/defence/nationalsecurity/consultation-national-security.html
- Given that broader consultations have taken place, it was decided in consultation with TBS to adopt a targeted stakeholder engagement approach to focus on two main groups: air carriers and civil society. This targeted approach includes:
- Conference calls/in-person meetings with air carriers during the spring and summer of 2018 (2 with the 5 main air carriers in Canada + 2 with small and remote domestic carriers);
- In-person meetings respectively with No Fly List Kids and other civil society groups including the Canadian Bar Association in Toronto in August 2018;
- In-person meeting with the Cross-Cultural Roundtable on Security (CCRS) in Vancouver scheduled for October 2018;
- A Notice to Stakeholders outlining the proposed amendments to the Secure Air Travel Regulations to be sent out to all air carriers involved in the Passenger Protect Program and the civil society groups identified – planned to be sent in September for 60 days.
- The Notice will be posted on the Consulting with Canadians website and will request formal feedback within 30 days of issuance
- Pre-publication in Canada Gazette Part I expected following Royal Assent of Bill C-59
Project Executive, Passenger Protect Program
For more information
- Government-wide Administrative Burden Baseline counts
- Government-Wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory Management
- The Red Tape Reduction Action Plan
- The Canada–United States Regulatory Cooperation Council
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