No. H122/10
For release - November 8, 2010
Content revised December 23, 2010
OTTAWA — The Honourable Chuck Strahl, Minister of Transport, Infrastructure and Communities, and the Honourable Vic Toews, Minister of Public Safety, today announced new aviation security measures to further enhance the safety and security of Canada’s aviation system.
Effective Monday, November 8, 2010, at 12 p.m.:
- Passengers are not permitted to transport printer toner cartridges in checked bags on any flights departing from Canadian airports if those cartridges weigh 500 grams (17.6 ounces) or more. These large, office-size toner cartridges are between 20 centimetres and 30 centimetres in length (8 to 12 inches respectively, or approximately the size of a loaf of bread). Smaller toner cartridges, such as those typically used in home printers, are still permitted.
- Passengers on outbound flights from Canada to the United States are not permitted to travel with these large cartridges in carry-on bags.
- Air carriers are not permitted to transport large printer cartridges in cargo carried on passenger flights departing from airports in Canada.
- All cargo and mail from or transiting through Yemen or Somalia are also banned from entering Canada.
These measures are being put in place as a result of two packages found in the United Kingdom and United Arab Emirates on October 29, 2010. They reflect discussions with domestic and international partners and respond to new requirements announced by the United States today.
“Our government’s highest priority is the continued safety and security of Canadians and the travelling public,” said Minister Strahl. “While there was and is no current information that these incidents were targeting Canada, we will continue to monitor the international security environment closely and take further action as appropriate to protect air travellers.”
“We continue to work together with the Obama Administration and our international allies to combat threats to the safety of Canadians. This government’s chief concern is to protect our national security and the safety of our citizens,” said Minister Toews. “Canada is not immune from terrorist threats. Our law enforcement and security agencies remain vigilant and always work closely with their counterparts in the United States to protect our shared border. We face the same threats and share the same concerns.”
Travellers are reminded to be aware of their surroundings and report any suspicious behaviour to authorities.
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On October 29, 2010, two suspicious packages originating in Yemen were found in the United Kingdom and United Arab Emirates.
On the same day, Canada put in place a number of security measures to respond to this incident. There was and is no current information that these incidents were targeting Canada. However, as a result of these incidents, Canada implemented increased vigilance. Travellers were advised that they might see signs of this increased vigilance during their travels. The balance between the highest level of security and passenger comfort is always taken into consideration.
On November 1, 2010, Canada issued an Interim Order that banned all cargo originating from or transiting through Yemen. This precaution was necessary to ensure the security of Canada’s skies. The order will be in place for as long as it takes to ensure the security of Canadians and air cargo to Canada. There are no direct passenger or air cargo flights from Yemen to Canada. See the text below for the November 1 order:
Also on November 1, Canada Post stopped accepting mail from Yemen. See the Web link below:
www.canadapost.ca/cpo/mc/aboutus/news/announcements/yemen.jsf
Interim Orders effective November 8, 2010, on aviation and air cargo security
On November 8, 2010, an Interim Order was put in place banning all cargo and mail originating from or transiting via Yemen or Somalia. This order is based on consultations with internal and international security partners, and reflects additional measures taken by key partners, including the U.S. and U.K. See the text below for the November 8 order:
Also on November 8, Canada announced a ban on printer toner cartridges over 500 grams (17.6 oz) on all carry-on and checked baggage bound for the US. Similar cartridges were among the suspicious packages found in the U.K. and U.A.E. on October 29, 2010.
Other additional security measures were put in place to ensure the safety and security of Canadians. However, details cannot be provided for security reasons.
Interim Orders — General
Interim Orders are made pursuant to the Aeronautics Act and come into effect immediately when signed by the Minister of Transport. They are valid for 14 days unless approved by the Governor in Council. If approved by Governor in Council, an Interim Order is in effect for one year.
All Interim Orders must be published in the Canada Gazette within 23 days of being signed by the Minister.
Interim Orders — Enforcement
- Transport Canada may issue fines for contraventions of regulated security requirements under the Aeronautics Act.
- Individuals may be subject to fine up to a maximum of $5,000 and corporations up to a maximum of $25,000.
- Transport Canada uses a graduated enforcement approach. All enforcement decisions are based on the facts and merits of each case. The department looks at both mitigating and aggravating factors in determining the appropriate fine amount. Such factors include whether this is a repeat offence, whether there was intent to contravene the Interim Order and the seriousness of the contravention.
Where as, pursuant to subsection 6.41(1.2)a of the Aeronautics Actb, the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order Respecting Air Cargo;
Therefore, the Minister of Transport, pursuant to subsection 6.41(1)a of the Aeronautics Actb, hereby makes the annexed Interim Order Respecting Air Cargo.
Ottawa, November__, 2010
Chuck Strahl
Minister of Transport
INTERIM ORDER RESPECTING AIR CARGO
1. An air carrier must not transport on a flight to Canada air cargo that originates in Yemen or has transited through Yemen.
a S.C. 2004, c. 15, s. 11(1)
b R.S., c. A-2
Whereas the annexed Interim Order Respecting Mail, Cargo and Baggage is required to deal with an immediate threat to aviation security;
And whereas, pursuant to subsection 6.41(1.2)a of the Aeronautics Actb, the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order Respecting Mail, Cargo and Baggage;
Therefore, the Minister of Transport, pursuant to subsection 6.41(1)a of the Aeronautics Actb, hereby makes the annexed Interim Order Respecting Mail, Cargo and Baggage.
Ottawa, November __, 2010
Chuck Strahl
Minister of Transport
INTERIM ORDER RESPECTING MAIL, CARGO AND BAGGAGE
INTERPRETATION
Terminology: Canadian Aviation Security Regulations
1. Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in section 1 of the Canadian Aviation Security Regulations.
MAIL AND CARGO
Yemen
2. An air carrier must not transport on a flight to Canada mail or air cargo that originates in Yemen or has transited through Yemen.
Somalia
3. An air carrier must not transport on a flight to Canada mail or air cargo that originates in Somalia or has transited through Somalia.
PRINTER OR TONER CARTRIDGES
Prohibition — passengers
4. A passenger must not transport any of the following goods as checked baggage on board a flight operated by an air carrier from an aerodrome listed in the CATSA Aerodrome Designation Regulations:
(a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
(b) a toner cartridge that weighs 500 g (17.6 oz) or more.
Prohibition — air carriers
5. An air carrier must not transport any of the following goods as air cargo on board a passenger flight from an aerodrome listed in the CATSA Aerodrome Designation Regulations:
(a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
(b) a toner cartridge that weighs 500 g (17.6 oz) or more.
Prohibition — screening authorities
6. A screening authority at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations must not allow a person in possession or control of any of the following goods to pass beyond a screening checkpoint into a sterile area if the sterile area is for passengers for flights to the United States:
(a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
(b) a toner cartridge that weighs 500 g (17.6 oz) or more.
DESIGNATED PROVISIONS
Designation
7. (1) Sections 2 to 6 of this Interim Order are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum amounts
(2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is
(a) $5,000, in the case of an individual; and
(b) $25,000, in the case of a corporation.
Notice of contraventions
8. A notice referred to in subsection 7.7(1) of the Act must specify
(a) the particulars of the alleged contravention;
(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
(e) that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.
REPEAL
9. The Interim Order Respecting Air Cargo made by the Minister of Transport on November 1, 2010 is repealed.
a S.C. 2004, c. 15, s. 11(1)
b R.S., c. A-2
November 2010
