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Regulations Amending the Designated Provisions Regulations and the Identity Screening Regulations

| 08:58 PM | 0 Comments | Source : | Article mis en ligne le 2012-31-01

We may not be able to travel if our passport and/or ID does not match our appearance or gender!! (Read the text bellow)

Please sign this petition : http://www.petitiononlinecanada.com/petition/tell-harper-to-allow-trans-people-to-fly-on-airplanes/758

Vol. 145, No. 17 — August 17, 2011

Registration

SOR/2011-156 July 29, 2011

AERONAUTICS ACT

Regulations Amending the Designated Provisions Regulations and the Identity Screening Regulations

P.C. 2011-830 July 29, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 4.71(see footnote a) and 4.9 (see footnote b), paragraphs 7.6(1)(a(see footnote c) and (b(see footnote d) and section 7.7 (see footnote e) of the Aeronautics Act (see footnote f), hereby makes the annexedRegulations Amending the Designated Provisions Regulations and the Identity Screening Regulations.

REGULATIONS AMENDING THE DESIGNATED PROVISIONS REGULATIONS AND THE IDENTITY SCREENING REGULATIONS

DESIGNATED PROVISIONS REGULATIONS

1. Schedule 3 to the Designated Provisions Regulations (see footnote 1) is repealed.

IDENTITY SCREENING REGULATIONS

2. The heading before section 1 of the French version of theIdentity Screening Regulations (see footnote 2) is replaced by the following:

DÉFINITIONS ET INTERPRÉTATION

3. Section 1 of the Regulations is renumbered as subsection 1(1) and is amended by adding the following:

(2) The required identification to take a domestic flight is

  1. (a) one piece of government-issued photo identification that shows the holder’s name, date of birth and gender;
  2. (b) two pieces of government-issued identification, at least one of which shows the holder’s name, date of birth and gender; or
  3. (c) a restricted area identity card.

(3) The required identification to take an international flight is

  1. (a) one piece of government-issued photo identification that shows the holder’s name, date of birth and gender; or
  2. (b) a restricted area identity card.

4. Subsection 3(2) of the Regulations is replaced by the following:

(2) If the name of the person is the same as that of a person specified to the air carrier, the air carrier shall compare the name, date of birth and gender on the required identification with those of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

5. The Regulations are amended by adding the following after section 3:

3.1 Despite subsection 3(2), an air carrier may use alternative forms of identification to screen a person if the person presents documentation issued by a government or a police service and attesting to the loss or theft of the required identification. Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.

6. Section 5 of the Regulations is replaced by the following:

5. (1) An air carrier shall, at a boarding gate for a flight, screen each passenger taking the flight by looking at the passenger, and in particular his or her entire face, to determine if he or she appears to be 18 years of age or older.

(2) The air carrier shall screen each passenger who appears to be 18 years of age or older by

  1. (a) comparing the passenger, and in particular his or her entire face, against the required identification; and
  2. (b) comparing the name on the passenger’s boarding pass with the required identification.

5.1 Despite subsection 5(2), an air carrier may use alternative forms of identification to screen a passenger if the passenger presents documentation issued by a government or a police service and attesting to the loss or theft of the required identification. Alternative forms of identification include but are not limited to employee identity cards, public transit passes and baptismal certificates.

5.2 (1) An air carrier shall not transport a passenger if

  1. (a) the passenger presents a piece of photo identification and does not resemble the photograph;
  2. (b) the passenger does not appear to be the age indicated by the date of birth on the identification he or she presents;
  3. (c) the passenger does not appear to be of the gender indicated on the identification he or she presents; or
  4. (d) the passenger presents more than one form of identification and there is a major discrepancy between those forms of identification.

(2) Despite paragraph (1)(a), an air carrier may transport a passenger who presents a piece of photo identification but does not resemble the photograph if

  1. (a) the passenger’s appearance changed for medical reasons after the photograph was taken and the passenger presents the air carrier with a document signed by a health care professional and attesting to that fact; or
  2. (b) the passengers’s face is bandaged for medical reasons and the passenger presents the air carrier with a document signed by a health care professional and attesting to that fact.

5.3 (1) If there is a major discrepancy between the name on the identification presented by a passenger and the name on the passenger’s boarding pass, an air carrier shall compare the name, date of birth and gender on the identification with those of persons specified to the air carrier by the Minister under paragraph 4.81(1)(b) of the Act.

(2) If the name, date of birth and gender on the identification are the same as those of a person specified to the air carrier, the air carrier shall immediately so inform the Minister.

7. The Regulations are amended by adding the following after section 13:

DESIGNATED PROVISIONS

14. (1) A provision set out in column 1 of the schedule is designated as a provision 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.

(2) The amount set out in column 2 or column 3 of the schedule is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1.

15. A notice referred to in subsection 7.7(1) of the Act must be in writing and indicate the information prescribed by section 4 of theDesignated Provisions Regulations.

8. The Regulations are amended by adding, after section 15, the schedule set out in the schedule to these Regulations.

9. The Regulations are amended by replacing “sections 3 to 5” with “sections 3 to 5.3” wherever it occurs in the following provisions:

  1. (a) sections 9 and 10; and
  2. (b) paragraph 11(b).

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.

SCHEDULE
(Section 8)

SCHEDULE
(Section 14)

DESIGNATED PROVISIONS

ItemColumn 1

Designated Provision

Column 2

Maximum Amount
Payable ($)
Individual

Column 3

Maximum Amount
Payable ($)
Corporation

1.Subsection 3(1)5,00025,000
2.Subsection 3(2)5,00025,000
3.Subsection 3(3)5,00025,000
4.Section 45,00025,000
5.Subsection 5(1)5,00025,000
6.Subsection 5(2)5,00025,000
7.Subsection 5.2(1)5,00025,000
8.Subsection 5.3(1)5,00025,000
9.Subsection 5.3(2)5,00025,000
10.Section 65,00025,000
11.Section 95,00025,000
12.Section 105,00025,000
13.Paragraph 12(a)5,00025,000
14.Paragraph 12(b)5,00025,000
15.Subsection 13(1)5,00025,000
16.Subsection 13(2)5,00025,000

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

In August 2010, Transport Canada was made aware of a veiled passenger who allegedly boarded an aircraft in Montreal without having their identity properly verified. Although passengers are required to show identification as part of the existing Identity Screening Regulations, these Regulations did not explicitly state the requirement to compare the identity against the passenger presenting it. An Interim Order Respecting Identity Screening was made by the Minister of Transport on August 20, 2010, to clarify these requirements. Interim orders are made pursuant to subsection 6.41(1) of the Aeronautics Actand are valid for 14 days.

The Minister signed subsequent interim orders on September 2 and 16, 2010. On September 30, 2010, the Interim Order No. 3 Respecting Identity Screening was approved by the Governor in Council in accordance with subsection 6.41(3) of the Aeronautics Act. It remains in force for one year or until regulations having the same effect are made. Transport Canada wants to continue the Interim Order requirements, so they must be codified before September 17, 2011.

Positively identifying passengers prior to boarding is necessary for the purposes of the Passenger Protect Program.

Codifying the Interim Order is necessary to enable Canada to continue to fulfill its international and departmental responsibility to establish and implement regulations to safeguard aviation operations against acts of unlawful interference.

Description and rationale

The existing Identity Screening Regulations require all passengers who appear 18 years or older to present identification at the boarding gate at airports. The Canadian public expects commercial air travel to be safe and secure. In an effort to meet this expectation, and to further safeguard aviation security, clarification to the Identity Screening Regulations is needed to ensure that passengers intending to board an aircraft will have their identity verified more rigorously.

Therefore, every person who appears to be 18 years of age or older intending to board an aircraft in or en route to Canada must have their physical appearance, and in particular their face, verified against their government-issued identification by the air carrier at the boarding gate.

Given that there may be extenuating circumstances for passengers when travelling, the amendments also permit air carriers to accept alternate documentation in the event a passenger loses or has their identification stolen and give allowances for those passengers whose facial features may have been altered. Identification is still required in these circumstances; however, the passenger must also provide appropriate documentation to the air carrier that would support their claim.

The following is an overview of the amendments made to the Identity Screening Regulations:

  1. For international flights, the passenger must present photo identification that shows his or her name, date of birth and gender (non-photo identification will not be accepted for international flights).
  2. For domestic flights, the passenger must present one piece of photo identification, or two pieces of non-photo identification where at least one piece of identification has the date of birth and gender on it. Carriers are expected to compare the passenger’s gender and date of birth with the physical appearance of the passenger. This allows more freedom of mobility to passengers who fly domestically only and who may not own photo identification.
  3. Air carriers are to screen each passenger by comparing the passenger’s appearance, and in particular his or her face, against their identification at the boarding gate.
  4. In the event the passenger has no identification due to its being lost or stolen, alternate types of identification may be presented to the air carrier with a letter from a government or police service.
  5. If, for medical reasons, the passenger’s facial appearance does not match their identity, the air carrier may transport the passenger providing they have a medical document.
  6. If the passenger does not appear to be the person in the identification they present, the air carrier is prohibited from transporting the passenger. The air carrier could incur a monetary penalty if it does not comply with the Identity Screening Regulations.
  7. If an air carrier does not comply with the Identity Screening Regulations, it may be administered a monetary penalty. The maximum penalty for an individual is $5,000.00 and the maximum penalty for a corporation is $25,000.00.

Consultation

On August 5, 2010, a teleconference with stakeholders was held to better understand how air carriers were applying the identity verification components of the Identity Screening Regulations and it was determined that clarification was necessary. Stakeholders included the Canadian Air Transport Security Authority, labour organizations, airports and air carriers (Air Canada, WestJet, Air Transat, Continental, U.S Airways, etc.). Since August 5, 2010, there has been unanimous support from the aviation stakeholders regarding the clarification made to the identity verification requirements.

Since August 2010, the Department has received several letters supporting the need for air carriers to verify the identity of passengers boarding an aircraft.

Implementation, enforcement and service standards

Transport Canada provides rigorous oversight and enforcement of theAeronautics Act and its related legislative instruments through a national network of aviation security inspectors. To promote compliance with aviation security legislation, a regular cycle of inspections of security activities is conducted at airports at a frequency based on risk assessment. Transport Canada has an inspection program in place in all regions of the country, including on-site security inspectors at nine international airports, which include regular inspections, daily monitoring of security activities and investigation of complaints. Where compliance is not achieved or where there are flagrant violations, enforcement action may be taken in the form of administrative monetary penalties, judicial sanctions or the cancellation, suspension, or revocation of Canadian Aviation Documents.

Under the Aeronautics Act, the maximum monetary penalty that can be assessed for the contravention of a regulation is $5,000 for individuals and $25,000 for corporations.

It is worthwhile to note that administrative monetary penalty schemes established under the Aeronautics Act for aviation security are similar to those under this Act for aviation safety as well as those contained in the Marine Transportation Security Act and the Canada Shipping Act, 2001, all of which are administered by Transport Canada. Other federal departments and agencies, including Health Canada and Agriculture and Agri-Food Canada, also rely on administrative monetary penalty schemes as an alternative to enforcing regulatory offences in the criminal courts.

Contact

Sandra Miller
Chief
Regulatory Planning and Services
Regulatory Affairs
Security
Transport Canada
330 Sparks Street, 13th Floor, Tower C
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-9605
Email: [email protected]

Footnote a
S.C. 2004, c. 15, s. 5

Footnote b
S.C. 1992, c. 4, s. 7

Footnote c
S.C. 2004, c. 15, s. 18

Footnote d
S.C. 2004, c. 15, s. 18

Footnote e
S.C. 2001, c. 29, s. 39

Footnote f
R.S., c. A-2

Footnote 1
SOR/2000-112

Footnote 2
SOR/2007-82

 

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).

http://www.gazette.gc.ca/rp-pr/p2/2011/2011-08-17/html/sor-dors156-eng.html

Categories: Actualités

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