No. GC009/05
For release - August 5, 2005
OTTAWA — Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness Ann McLennan, along with Transport Minister Jean-C. Lapierre today announced that the Government of Canada will conduct stakeholder consultations over the summer and fall on the implementation of air passenger information provisions contained in the Public Safety Act, 2002. A feasibility study will also be commissioned to examine how new technology can be used to enhance passenger assessment in Canada.
"The Government of Canada is committed to moving ahead with its security agenda and initiatives tied to the safety and security of Canadians," said Minister McLellan. "We are equally committed to moving forward in a balanced and measured way, to develop a made-in-Canada approach that will further enhance aviation security as well as the safety of Canadians."
"There are complex issues surrounding the collection and use of air passenger information to strengthen the security of our aviation system," said Mr. Lapierre. "We will take these issues into consideration as we develop a passenger assessment program that enhances security, respects the needs and realities of the aviation industry and ensures that the privacy rights of Canadians are protected."
The Public Safety Act, 2002 amended the Aeronautics Act to enhance the ability of the federal government to provide a secure environment for air travel. Under the Aeronautics Act, the Government of Canada has the authority to request and use passenger information for transportation security and national security purposes. In addition, Budget 2005 allocated $16 million over five years for the assessment and development of systems to collect information about air travellers for national and transportation security purposes.
Beginning in August 2005, Transport Canada will consult with the Privacy Commissioner, airlines and other stakeholders on the implementation of a passenger assessment program, known as Passenger Protect. Under the program, the Government of Canada will create a list of individuals who pose an immediate threat to aviation security and who will be prevented from boarding aircraft. The program, targeted for implementation in 2006, will lay the foundation for future passenger assessment initiatives and allow airlines to provide information on individuals on this list to the federal government.
Public Safety and Emergency Preparedness Canada will commission an independent feasibility study on an automated passenger assessment system that would also further enhance transportation security and national security. The study will include consultation with stakeholders and provide recommendations for implementation. It is expected to be completed by fall 2005.
The Public Safety Act, 2002, which received royal assent in May 2004, improves the federal framework for public safety and protection and is part of the Government of Canada's broader Anti Terrorism Plan.
A backgrounder with more information on the implementation of the Public Safety Act, 2002 is attached and is also available at www.psepc.gc.ca and www.tc.gc.ca.
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Contacts:
Alex SwannOffice of the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness(613) 991-2863
Irène MarcheterreDirector of CommunicationsOffice of the Minister of Transport, Ottawa(613) 991-0700
Media RelationsPublic Safety and Emergency Preparedness Canada(613) 991-0657
Vanessa VermetteCommunicationsTransport Canada, Ottawa(613) 993-0055
Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at www.tc.gc.ca/e-news and keep up-to-date on the latest from Transport Canada.
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BACKGROUNDERIMPLEMENTATION OF THE PUBLIC SAFETY ACT, 2002
The Public Safety Act, 2002 received royal assent on May 6, 2004. It amended the Aeronautics Act to grant the Government of Canada the authority to request and use passenger information to protect the security of the country and its aviation system. Important safeguards, such as restricted access to information, limited retention periods for information and annual reviews of retained information have been included in the legislation to protect the privacy rights of Canadians and to ensure transparency and accountability.
Sections 4.81 and 4.82 of the Aeronautics Act specify what type of passenger information could be requested by Transport Canada, the Royal Canadian Mounted Police (RCMP) or the Canadian Security Intelligence Service (CSIS) for transportation or national security purposes. Passenger information that may be requested from air carriers includes: a person's name; date of birth; gender; citizenship or nationality; flight number; and passport number.
The legislation applies to any aircraft taking off in Canada and any Canadian registered aircraft departing from anywhere in the world. Section 4.76 of the act also authorizes the Minister of Transport to prevent a person who poses an immediate threat to aviation security from boarding aircraft.
The government is proceeding with a two-track approach to implement sections 4.81 and 4.82 of the Aeronautics Act to carefully address the complex issues of passenger assessment in a balanced and measured way.
The first track has Transport Canada leading the development of a passenger assessment program, and working in collaboration with Public Safety and Emergency Preparedness Canada, the RCMP, CSIS and the Canada Border Services Agency to implement sections 4.81 and 4.76 of the Aeronautics Act. These sections specify that Transport Canada can request passenger information for national and transportation security purposes and prevent persons who pose an immediate threat to aviation security from flying.
In addition to providing an added layer of security to our aviation system and enhancing public safety while protecting the privacy rights of individuals, this program will lay the foundation for future initiatives that will use a more advanced technological approach to passenger assessment.
The federal government has been consulting with stakeholders since May 2004 and is developing a program proposal that will be the subject of additional consultations in summer and fall 2005. It is expected that the program will be implemented in 2006.
The second track has the Government of Canada looking at a longer-term approach to address the issue of passenger assessment. Section 4.82 of the Aeronautics Act authorizes RCMP and CSIS officials to access air passenger information and match it against information under their control to identify threats to transportation security and national security. This builds on Section 4.81 of the act, which provides for the creation of a specified persons list. Section 4.82 shifts the onus of assessing airline passenger information from the airline industry to the Government of Canada.
Public Safety and Emergency Preparedness Canada will commission a feasibility study to look at the possibility of implementing an advanced automated air passenger assessment system as provided for in Section 4.82 of the Aeronautics Act.
Through the feasibility study, the government will be reviewing a wide range of passenger assessment systems against Canada's needs. This study will involve close consultation with a wide range of stakeholders - including air carriers and the Office of the Privacy Commissioner - and will put forward recommendations that balance their interests with the need to enhance aviation security and respect Canadian legislative and privacy requirements. The study will be completed by fall 2005 and will provide recommendations on a timeline for implementation.
With this information, the Government of Canada will be better equipped to make more informed decisions on how we approach Canada's passenger assessment.
August 2005
