No. GC 017/07
For release May 11, 2007
OTTAWA - The Honourable Lawrence Cannon, Minister of
Transport, Infrastructure and Communities, together with the Honourable
Stockwell Day, Minister of Public Safety, today announced new regulations that
will strengthen air passenger security screening. Once implemented, new measures
under a program known as Passenger Protect will prevent persons who pose an
immediate threat to aviation security from boarding a commercial aircraft.
This made-in-Canada program was developed to provide an additional layer of
security for the aviation system and to enhance public safety in a way that
complies with the Canadian Charter of Rights and Freedoms and federal privacy
legislation.
"Canadians want to fly secure, and Passenger Protect is a significant step
forward. We must remember that Canada is not immune to the threat of terrorism
and we must remain vigilant," said Minister Cannon. "Passenger Protect will not
only make Canada's aviation system more secure, it will also help keep the
world's skies safe by reaching beyond Canadian borders to screen everyone
getting on a flight to Canada."
Under the new program, the Government of Canada is maintaining a list of
specified persons who may pose an immediate threat to aviation security should
they attempt to board a flight. Air carriers will be able to screen passengers
against the specified persons list through a secure online system. If the air
carrier identifies a person as a possible match with an entry on the list, the
air carrier will contact Transport Canada to confirm the passenger's identity,
and obtain a decision whether or not to allow him or her to board the flight.
"Canada has one of the best aviation systems in the world and is always looking
for ways to increase the safety and security of the travelling public," said
Minister Day.
The Government of Canada has held discussions with airlines, airports, and
labour representatives, as well as civil liberties and ethno-cultural groups in
developing Passenger Protect, to create a program that enhances security,
respects the needs and realities of the aviation industry and protects the
rights of Canadians. As part of the consultations, Transport Canada has
established a reconsideration process to provide a non-judicial, efficient way
for any members of the public who have been denied boarding to have their cases
reviewed by persons independent of those who made the original recommendation.
Transport Canada has worked closely with the Office of the Privacy Commissioner
in order to further strengthen the privacy provisions of the program.
Implementation for flights within Canada and international flights to and from
Canada will begin on June 18, 2007.
As of this date, new Identity Screening Regulations will require air passengers
within Canada who appear to be 12 years of age or older to present one piece of
government-issued photo identification (ID) that shows name, date of birth and
gender or two pieces of government-issued ID - one of which shows name, date of
birth and gender - before boarding an aircraft. The boarding pass provided by
the air carrier must match the name on the ID.
Canadians will not need a passport for travel within Canada but rather can
present a range of government-issued ID to the air carriers including a health
card, a birth certificate, a driver's licence and a social insurance card.
Current requirements for international travel will remain in place.
This practice is consistent with procedures currently in use by most major
airlines, and will allow the air carrier and Transport Canada to confirm the
identity of a passenger who is a possible match with an entry on the specified
persons list.
These proposed regulations were first published in the Canada Gazette, Part I on
October 28, 2006, after which a 75-day period followed to enable interested
parties and the public to provide comments.
The final regulations will be published in the Canada Gazette, Part II on May
16, 2007.
A backgrounder with more information on the Passenger Protect program and the
new Identity Screening Regulations is attached.
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Contacts:Natalie Sarafian
Press Secretary
Office of the Minister of Transport,
Infrastructure and Communities, Ottawa
613-991-0700
Julie Guimond
Communications
Transport Canada, Ottawa
613-993-0055
Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at apps.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada.
This news release may be made available in alternative formats for persons with visual disabilities.
Backgrounders
PASSENGER PROTECT PROGRAM
The Government of Canada began consulting with industry on
passenger assessment in
May 2004, and expanded consultations on a program proposal for Passenger Protect
in the summer of 2005. Consultations with air carriers, airports, labour
representatives, civil liberties and ethno-cultural groups as well as the Office
of the Privacy Commissioner were essential to the successful design and
implementation of a program that enhances security, respects the needs and
realities of the aviation industry, and ensures that the privacy and human
rights of Canadians are protected.
The Passenger Protect program adds another layer of security to Canada's
aviation system to help address potential threats. Terrorist groups continue to
target civil aviation, and seek means to defeat existing safeguards and
measures.
Under the program, the Government of Canada is maintaining a list with the name,
date of birth and gender of each specified person that will be provided to
airlines in secure form. The airlines will compare the names of individuals
intending to board flights with the names on the specified persons list, and
will verify with the individual's government-issued identification when there is
a name match. Identification will be verified in person at the airport check-in
counter. When the airline verifies that an individual matches in name, date of
birth and gender with someone on the list, the airline will be required to
inform Transport Canada.
A Transport Canada officer will be on duty 24 hours a Day, every Day, to receive
calls from airlines when they have a potential match with a specified person on
the list. Transport Canada will verify information with the airline, confirm
whether the individual poses an immediate threat to aviation security and inform
the airline, if required, that the individual is not permitted to board the
flight. The Royal Canadian Mounted Police (RCMP) would be notified immediately
in the event of a match, and police of jurisdiction at the airport would be
informed and take action as required.
The Passenger Protect program will be implemented for Canadian domestic flights
and international flights to and from Canada on June 18, 2007.
Creating the Specified Persons List
The Minister of Transport, Infrastructure and Communities has the authority
under the Aeronautics Act, to specify an individual who is a threat to aviation
security and to require airlines to provide information about the specified
person.
A Transport Canada-led Advisory Group will assess individuals on a case-by-case
basis using information provided by the Canadian Security Intelligence Service
and the RCMP, and will make recommendations to the Minister of Transport,
Infrastructure and Communities concerning their designation as specified persons
or the removal of that designation. The Advisory
Group includes a senior officer from the Canadian Security Intelligence Service
and a senior officer from the RCMP (as advised by the Department of Justice),
with input from representatives from other Canadian government departments and
agencies.
Individuals are added to the specified persons list based on their actions,
which lead to a determination that they may pose an immediate threat to aviation
security, should they attempt to board an aircraft. Guidelines in making that
determination are focused on aviation security, and may include:
an individual who is or has been involved in a terrorist group, and who, it
can reasonably be suspected, will endanger the security of any aircraft or
aerodrome or the safety of the public, passengers or crew members;
an individual who has been convicted of one or more serious and
life-threatening crimes against aviation security; and
an individual who has been convicted of one or more serious and
life-threatening offences and who may attack or harm an air carrier, passengers
or crew members.
Identity Screening Regulations
As of June 18th 2007, new Identity Screening Regulations will require airlines
to screen each person's name against the specified persons list before issuing a
boarding pass, for any person who appears to be 12 years of age or older. The
regulations take into account the various ways in which the boarding pass may be
obtained: at a kiosk, through the Internet, or at an airport check-in counter.
Where there is check-in via Internet or kiosks, airlines will not allow printing
of the boarding pass when there is a name match with the specified persons list.
Passengers refused a boarding pass at a kiosk or through the Internet will be
directed to the airline agent for in-person verification of government-issued
identification (ID). ID verification will determine whether the name, date of
birth and gender match those of a listed person.
The regulations also require air carriers to screen individuals at the boarding
gate by comparing the name on government-issued ID with the name on the boarding
pass. If the name on the ID is not the same as the name on the boarding pass,
the air carrier will be required to check the name on the ID against the list.
Transport Canada will work with air carriers to provide training for agents and
staff who will be involved in implementing the ID verification requirement, and
establish procedures that respect the rights of passengers.
The ID requirement under the Passenger Protect program is for one piece of valid
government-issued photo ID that shows name, date of birth and gender, such as a
driver's licence or a passport, or two pieces of valid government-issued ID, at
least one of which shows name, date of birth and gender, such as a birth
certificate. The verification of passengers' ID is already a practice followed
by most major air carriers in Canada.
The regulations will be published in the Canada Gazette, Part II on May 16,
2007.
Reconsideration and Appeals
The Passenger Protect program also includes a reconsideration process for
individuals who wish to contest the denial of boarding. An individual who has
been denied boarding under the Passenger Protect program will be able to apply
to Transport Canada's Office of Reconsideration (OOR), which may arrange for an
independent assessment of the case and make a recommendation. The goal is to
provide a non-judicial, efficient mechanism for any member of the public to have
their case reviewed by persons independent of those who made the original
recommendation to the Minister. Individuals have the further option of making
application to Federal Court for judicial review.
Privacy and Human Rights
The protection of privacy and human rights is a core element of the Passenger
Protect program. In developing the program, Transport Canada worked with
stakeholders and consulted with civil liberties and ethno-cultural groups, and
the Office of the Privacy Commissioner on privacy aspects.
A summary of the Privacy Impact Assessment conducted on the Passenger Protect
program is available on the
Transport Canada website.
In addition, the Office of the Privacy Commissioner of Canada posed a series of
questions to Transport Canada about the Passenger Protect program in August
2005. The questions and the answers shed light on the privacy protection
features of the program and are available on the Web at
www.tc.gc.ca/vigilance/sep/passenger_protect/Q&A/menu.htm.
More details on the Passenger Protect program and the new Identity Screening
Regulations are available on
Transport
Canada's website.
May 2007