Regulations Amending the Canadian Aviation Security Regulations, 2012 (Defensive Equipment, Firearms and Ammunition): SOR/2022-268
Canada Gazette, Part II, Volume 156, Number 26
Registration
SOR/2022-268 December 7, 2022
AERONAUTICS ACT
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
P.C. 2022-1312 December 7, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending the Canadian Aviation Security Regulations, 2012 (Defensive Equipment, Firearms and Ammunition) under
- (a) section 4.71footnote a and paragraphs 7.6(1)(a)footnote b and (b)footnote c of the Aeronautics Act footnote d; and
- (b) section 27footnote e of the Transportation of Dangerous Goods Act, 1992 footnote f.
Wendy Nixon
Assistant Clerk of the Privy Council
Regulations Amending the Canadian Aviation Security Regulations, 2012 (Defensive Equipment, Firearms and Ammunition)
Amendments
1 Section 3 of the Canadian Aviation Security Regulations, 2012 footnote 1 is amended by adding the following in alphabetical order:
- agency firearm
- has the same meaning as in section 1 of the Public Agents Firearms Regulations. (arme à feu d’agence)
- baggage make-up area
- means an area of an air terminal building, or an area of a building at an aerodrome that is under an air carrier’s control, where checked baggage is stored. (zone de tri de bagages)
- border services officer
- has the same meaning as in section 5 of the Preclearance Act, 2016. (agent des services frontaliers)
- defensive equipment
- means a baton or oleoresin capsicum spray, or both. (équipement défensif)
- exigent circumstances
- means circumstances beyond a border services officer’s or a US preclearance officer’s control in which the officer’s continued presence is required to
- (a) preserve the integrity of an examination or investigation that is underway; or
- (b) prevent an imminent danger to human life or serious damage to property. (situation d’urgence)
- US inspection agency
- means the entity responsible for carrying out responsibilities relating to the importation of goods, immigration, agriculture and public health and safety in order to determine whether a person or goods bound for the United States is or are admissible. (organisme d’inspection des États-Unis)
- US inspection agency ammunition
- means ammunition that is provided to US preclearance officers by the US inspection agency. (munitions d’organisme d’inspection des États-Unis)
- US inspection agency firearm
- means a firearm that is provided to US preclearance officers by the US inspection agency and that is loaded with US inspection agency ammunition or is unloaded. (arme à feu d’organisme d’inspection des États-Unis)
- US preclearance officer
- has the meaning assigned to the definition preclearance officer in section 5 of the Preclearance Act, 2016. (contrôleur des États-Unis)
| Item | Column 1 Person |
|---|---|
| 5 | an employee of a federal or provincial department or agency who is engaged in wildlife control, other than a person described in item 22, column 1 |
| Item | Column 1 Person |
Column 2 Permitted Goods |
Column 3 Conditions |
|---|---|---|---|
| 10 | a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome | defensive equipment | the border services officer is acting in the course of their duties |
| 11 | a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome | an agency firearm and ammunition | the border services officer is acting in the course of their duties and is inside an air terminal building in a baggage make-up area, a commercial office or a firearms storage room, or outside an air terminal building |
| 12 | a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome | an agency firearm and ammunition | the border services officer is acting in the course of their duties, has come from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome, and is conducting one of the following activities inside an air terminal building for no longer than one hour unless exigent circumstances exist:
|
| 13 | a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome | an agency firearm and ammunition | the border services officer is acting in the course of their duties, has come from an area described in item 11, column 3, or from an aircraft on the ground at the aerodrome, and is taking a break or having a meal inside an air terminal building for no longer than one hour |
| 14 | a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is an aerodrome | an agency firearm and ammunition | the border services officer is acting in the course of their duties and is transiting inside an air terminal building between
|
| 15 | a border services officer who is wearing a Canada Border Services Agency uniform and whose ordinary place of work is one of the following aerodromes, except if preclearance areas have been designated under subsection 6(1) of the Preclearance Act, 2016 at the aerodrome:
|
an agency firearm and ammunition | in order to carry out their duties, the border services officer is required to transit frequently between an area where they are permitted to carry, transport or have access to an agency firearm and ammunition in accordance with items 11 to 14 and another area inside an air terminal building, in which case, the one-hour limit set out in items 12 and 13, column 3, does not apply |
| 16 | a border services officer who is not wearing a Canada Border Services Agency uniform and whose ordinary place of work is not an aerodrome | defensive equipment, an agency firearm and ammunition | the border services officer is acting in the course of their duties, is inside an air terminal building and, for the purposes of administering and enforcing program legislation as defined in section 2 of the Canada Border Services Agency Act, is
|
| 17 | a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome | defensive equipment | the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 |
| 18 | a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome | a US inspection agency firearm and US inspection agency ammunition | the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 and is inside an air terminal building in a baggage make-up area or a firearms storage room, or outside an air terminal building |
| 19 | a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome | a US inspection agency firearm and US inspection agency ammunition | the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016, has come from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome, and is conducting one of the following activities inside an air terminal building for no longer than one hour unless exigent circumstances exist:
|
| 20 | a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome | a US inspection agency firearm and US inspection agency ammunition | the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016, has come from an area described in item 18, column 3, or from an aircraft on the ground at the aerodrome, and is taking a break or having a meal inside an air terminal building for no longer than one hour |
| 21 | a US preclearance officer who is wearing a US inspection agency uniform and whose ordinary place of work is an aerodrome | a US inspection agency firearm and US inspection agency ammunition | the US preclearance officer is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 and is transiting inside an air terminal building between
|
| 22 | any of the following persons:
|
defensive equipment, a loaded agency firearm and ammunition | the person
|
(4) Section 78 of the Regulations is amended by adding the following after subsection (3):
Definition of commercial office
(4) For the purposes of subsection (2), commercial office means an area of a customs office designated under section 5 of the Customs Act that is used primarily for the reporting, examination and release under that Act of commercial goods, as defined in section 2 of the Reporting of Imported Goods Regulations.
3 The Regulations are amended by adding the following after section 78:
Oversight and corrective actions
78.1 (1) The agency that employs the person described in items 10 to 21, column 1, of the table to subsection 78(2) must ensure that that person meets the conditions set out in column 3 of those items and, in the case where the agency identifies a failure to comply with a condition, it must immediately take corrective actions to prevent the recurrence of the failure.
Records — failure to comply with condition
(2) Each time the agency identifies a failure to comply with a condition, it must create a record that includes
- (a) the date on which the failure occurred;
- (b) a description of the failure; and
- (c) a description of the corrective actions that were taken to prevent the recurrence of the failure.
Provision of records to Minister
(3) The agency must provide the Minister with the records on reasonable notice given by the Minister.
Records — exigent circumstances
78.2 (1) Each time a person described in item 12 or 19, column 1, of the table to subsection 78(2) exceeds, due to exigent circumstances, the one-hour period referred to in column 3, the agency that employs that person must create a record that includes
- (a) the date on which the one-hour period was exceeded;
- (b) the amount of time by which the one-hour period was exceeded; and
- (c) a description of the exigent circumstances.
Provision of records to Minister
(2) The agency must provide the Minister with the records on reasonable notice given by the Minister.
4 (1) Subsection 79(2) of the Regulations is replaced by the following:
Explosive substances and incendiary devices
(2) Subject to subsections (2.1) to (2.4), (3.1) and (4), a person other than an air carrier must not carry or have access to an explosive substance or incendiary device on board an aircraft.
(2) Section 79 of the Regulations is amended by adding the following after subsection (2.1):
Exception — border services officer
(2.2) A border services officer who is acting in the course of their duties may carry or have access to defensive equipment, an agency firearm and ammunition on board an aircraft that is on the ground at an aerodrome.
Exception — US preclearance officer
(2.3) A US preclearance officer who is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 may carry or have access to defensive equipment, a US inspection agency firearm and US inspection agency ammunition on board an aircraft that is on the ground at an aerodrome.
Exception — certain federal employees
(2.4) A person described in item 22, column 1, of the table to subsection 78(2) who is acting in the course of their duties may carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft that is on the ground at an aerodrome.
(3) Section 79 of the Regulations is amended by adding the following after subsection (3):
Exception — certain federal employees
(3.1) A person described in item 22, column 1, of the table to subsection 78(2) may carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft, if authorized by the operator of the aircraft under section 533.1.
5 Section 526 of the Regulations is replaced by the following:
Weapons
526 (1) An air carrier must not allow a person who is on board an aircraft to carry or have access to a weapon unless the air carrier has authorized the person to do so under section 531, 533 or 533.1.
Explosive substances and incendiary devices
(2) An air carrier must not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device unless the air carrier has authorized the person to do so under section 533.1.
Exception — border services officer
(3) Subsections (1) and (2) do not apply when a border services officer who is acting in the course of their duties carries or has access to defensive equipment, an agency firearm or ammunition on board an aircraft that is on the ground at an aerodrome.
Exception — US preclearance officer
(4) Subsections (1) and (2) do not apply when a US preclearance officer who is exercising their powers or performing their duties or functions under the Preclearance Act, 2016 carries or has access to defensive equipment, a US inspection agency firearm or US inspection agency ammunition on board an aircraft that is on the ground at an aerodrome.
Exception — certain federal employees
(5) Subsections (1) and (2) do not apply when a person described in item 22, column 1, of the table to subsection 78(2) who is acting in the course of their duties carries or has access to defensive equipment, a loaded agency firearm or ammunition on board an aircraft that is on the ground at an aerodrome.
6 The Regulations are amended by adding the following after section 533:
Authorization for certain federal employees
533.1 An operator of an aircraft may authorize a person described in item 22, column 1, of the table to subsection 78(2) to carry or have access to defensive equipment, a loaded agency firearm and ammunition on board an aircraft if
- (a) the person is acting in the course of their duties;
- (b) the person shows a representative of the operator of the aircraft a certificate of designation evidencing the designation described in column 1 of that table;
- (c) in advance of the flight, the operator of the aircraft receives from the department or agency employing the person information regarding the activities to be carried out on board the aircraft;
- (d) the operator of the aircraft verifies that the aircraft is equipped so that the flight can be conducted safely, taking into account the activities referred to in paragraph (c); and
- (e) the operator of the aircraft verifies that no other passengers are on board the aircraft other than
- (i) a person described in item 22, column 1, of that table,
- (ii) an employee of a federal or provincial department or agency, other than a person described in item 22, column 1, of that table, who is acting in the course of their duties,
- (iii) a police officer or police constable, or
- (iv) a person detained under the authority of a person described in item 22, column 1, of that table.
7 Paragraphs 543(1)(b) and (c) of the Regulations are replaced by the following:
- (b) the discovery, on board an aircraft, of a weapon, other than a weapon permitted under subsections 79(2.1) to (2.4) or a weapon that the air carrier authorized under section 531, subsection 533(1) or section 533.1;
- (c) the discovery, on board an aircraft, of an explosive substance or an incendiary device in respect of which the air carrier was not notified in accordance with subsection 80(3), other than ammunition permitted under subsections 79(2.1) to (2.4) or ammunition that the air carrier authorized under section 533.1;
| Column 1 Designated Provision |
Column 2 Maximum Amount Payable ($) Individual |
Column 3 Maximum Amount Payable ($) Corporation |
|---|---|---|
| Subsection 78(1) | 5,000 | |
| Subsection 78.1(1) | 25,000 | |
| Subsection 78.1(2) | 25,000 | |
| Subsection 78.1(3) | 25,000 | |
| Subsection 78.2(1) | 25,000 | |
| Subsection 78.2(2) | 25,000 |
Consequential Amendment
9 Subsection 12.4(2) of the Transportation of Dangerous Goods Regulations footnote 2 is replaced by the following:
(2) Despite the restrictions that apply to item 19 of Table 8-1 to Chapter 1, Provisions for dangerous goods carried by passengers or crew, of Part 8, Provisions Concerning Passengers and Crew, of the ICAO Technical Instructions, ammunition, or ammunition loaded in a firearm, with the UN number and shipping name UN0012, CARTRIDGES FOR WEAPONS, INERT PROJECTILE or UN0012, CARTRIDGES, SMALL ARMS or UN0014, CARTRIDGES FOR WEAPONS, BLANK or UN0014, CARTRIDGES, SMALL ARMS, BLANK or UN0014, CARTRIDGES FOR TOOLS, BLANK, may be transported on board an aircraft by a peace officer as defined in section 3 of the Canadian Aviation Security Regulations, 2012, by a Canadian in-flight security officer or by a person described in item 22, column 1, of the table to subsection 78(2) of the Canadian Aviation Security Regulations, 2012.
Coming into Force
10 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive summary
Issues: The Canadian Aviation Security Regulations, 2012 (CASR, 2012), which were established under the Aeronautics Act (AA), prohibit persons from carrying, transporting or having access to a weapon, including a firearm, an explosive substance or an incendiary device at an aerodrome (airport) unless they are specifically permitted to do so through an exemption.
Since 2015, Transport Canada (TC) has received requests and issued and renewed several temporary exemptions pursuant to the AA, which allow certain officers from the Canada Border Services Agency (CBSA), Fisheries and Oceans Canada (DFO), Environment and Climate Change Canada (ECCC), and Parks Canada (PC) to carry weapons, including firearms, and defensive equipment (e.g. batons and pepper spray) at Canadian airports and, in some cases, on flights, while on duty and under prescribed circumstances.
As the exemptions are a temporary solution and not a substitute for regulations, the Regulations Amending the Canadian Aviation Security Regulations, 2012 (Defensive Equipment, Firearms and Ammunition) [the Regulations] introduce amendments to the CASR, 2012, to regularize the exemptions that would allow CBSA, DFO, ECCC and PC officers, and the United States (US) preclearance officers (PCOs) to carry, transport or have access to defensive equipment, firearms, and ammunition under specific circumstances within airports and, in some cases, on flights.
Description: The amendments codify the situations outlined in the exemptions to the CASR, 2012, subject to certain conditions, with some additional amendments to clarify situations in which CBSA border services officers (BSOs), US Customs and Border Protection (CBP) PCOs, DFO, ECCC, and PC officers may carry, transport, or have access to their defensive equipment and firearms.
The amendments establish an obligation on the CBSA and the US CBP to keep a record of any instance in which an officer failed to comply with any of the conditions set out in the CASR, 2012. The record must include the date, a description of the situation, and the corrective action that was taken to prevent the instance from reoccurring. The amendments also require that the CBSA and US CBP record instances where officers were armed for more than 60 minutes because of exigent circumstances.
The amendments also introduce an administrative monetary penalty (AMP) regime for CBSA and US CBP officers who are found to be in non-compliance with the firearms and defensive equipment requirements.
Rationale: The objective of the regulatory amendments is to ensure clarity, certainty and transparency about authorizations for law enforcement personnel, and other officers to carry, transport and have access to defensive equipment and loaded firearms and ammunition in specific circumstances, and under strict obligations, within Canadian airports. By codifying existing exemptions, the amendments will support effective law enforcement and ensure the ongoing safety of front-line officers and the general public within Canadian airports. Further, the codification of these exemptions are expected to result in estimated cost savings of $39,225 for TC.
Issues
The CASR, 2012, which were established under the AA, prohibit persons to carry, transport or have access to a weapon, including a firearm, an explosive substance or an incendiary device at an aerodrome (airport) unless they are specifically permitted to do so through an exemption. Peace officers,footnote 3 such as members of the Royal Canadian Mounted Police, are excluded from this prohibition. The CASR, 2012, also include some exemptions for activities (e.g. policing, prisoner escort, or wildlife control) conducted by other law enforcement officers that permit the carriage of weapons, including firearms; however, several law enforcement activities were not expressly exempted in the CASR, 2012.
As a result, since the coming into force of the CASR, 2012, TC has received requests from federal departments and provincial and territorial governments to provide exemptions under the AA that would allow law enforcement officers to perform armed activities, including transiting through the airport while armed and conducting enforcement activities on-site.
In response to these requests, since 2015, TC has issued and renewed several temporary exemptions pursuant to the AA, which allow certain officers from the CBSA, DFO, ECC, and PC to carry weapons, including firearms, and defensive equipment (e.g. batons and pepper spray) at Canadian airports and, in some cases, on flights, while on duty and under prescribed circumstances. These temporary exemptions have been extended and updated from time to time, to reflect more recent risk analysis. For the ones pertaining to the CBSA, they were updated based on their development of internal policies on the carriage of firearms, including in 2019, but never codified into regulations. Under a bilateral agreement with the United States, US preclearance officers (PCOs) have the authority to carry the same personal protective equipment as BSOs while performing duties and functions in the same operating environment. In other words, the temporary exemptions for CBSA officers also permit US PCOs working at Canadian airports to carry, transport or have access to firearms and defensive equipment.
As the exemptions are a temporary solution and not a substitute for regulations, the Regulations introduce amendments to the CASR, 2012, to regularize the exemptions that allow CBSA, DFO, ECCC and PC officers, and US PCOs to carry defensive equipment, firearms, and ammunition under specific circumstances within airports and, in some cases, on flights. The amendments also introduce an enforcement regime to address non-compliance with requirements. In addition, the Regulations introduce a consequential amendment to the Transportation of Dangerous Goods Regulations (TDGR).
Background
CASR, 2012
The CASR, 2012, set out requirements to detect, prevent, respond to and recover from acts of unlawful interference with civil aviation, implement Canada’s international commitments, and support its aviation industry. The CASR includes the framework for ensuring safe and secure airport operations.
The CASR, 2012, prohibit persons to carry, transport or have access to a weapon, including a firearm, an explosive substance or an incendiary device at an airport unless they are specifically permitted to do so through an exemption. Peace officers are excluded from this prohibition. The CASR, 2012, also include some exceptions for activities conducted by other law enforcement officers that permit the carriage of weapons, including firearms.
Canada Border Services Agency (CBSA)
In 2006, the Government committed to enhancing border security and the safety of CBSA officers by providing them with firearms (and the training required for their use) and authorized BSOs to carry firearms at land, marine and rail borders.
CBSA officers are peace officers under the CASR, 2012, when they are enforcing any provision of the Immigration and Refugee Protection Act, or any regulations, warrant, order or direction made under that Act, respecting the arrest, detention or removal from Canada of any person. In their capacity as peace officers enforcing the Immigration and Refuge Protection Act, CBSA officers are permitted under the exception established in subsection 78(2) of the CASR, 2012, to carry a weapon; however, none of the duties performed by a BSO, such as the duties performed under the Customs Act, are covered under this exception. As a result, under the CASR, 2012, BSOs are not expressly permitted to carry firearms at Canadian airports.
Canada has one of the safest and most secure aviation systems in the world, and Canadian airports remain a low-risk environment. However, it is recognized that BSOs face inherent risks at airports due to the nature of their job.
Risk analyses conducted by the Government of Canada have highlighted the presence of organized crime at airports and potential for insider threats. They have revealed that weapons, including firearms, have also been found in the possession of airport workers. As a result of these findings and concerns associated with officer safety when conducting enforcement activities, the CBSA recommended that BSOs should carry firearms at airports. However, the recommendation to arm BSOs was not consistent at the time with the exceptions outlined in the CASR, 2012.
In light of those analyses, in 2015, a temporary exemption to the CASR, 2012, was issued under the AA to authorize BSOs to carry weapons, including firearms, in airports under prescribed circumstances. The conditions of the exemption allowed BSOs to carry, transport or have access to CBSA-issued defensive equipment and an agency firearm (as defined in the Public Agents Firearms Regulations), only while on duty. The exemption specified where a BSO could carry, transport, and have access to an agency firearm inside the air terminal building (ATB) and outside the ATB, and what type of activities they could perform. Finally, it stated that the CBSA must establish, implement and maintain a process to ensure that the BSOs who carry firearms do so in accordance with the conditions of the exemption; detect and record any instances of non-compliance with the conditions of this exemption; and take corrective action in situations where non-compliance is detected.
Since the first issuance of the exemption, it has been renewed eight times. The final (ninth) exemption was issued on July 31, 2022. The Regulations replace the exemption.
In addition to BSOs, officers from DFO, PC, and ECCC were also provided with exemptions. Exceptions already exist in the CASR, 2012, for these officers to carry, transport or have access to either a weapon, an explosive substance or an incendiary device at an airport with respect to wildlife control, but the exceptions did not encompass the performance of their duties while conducting investigations at airports that necessitate the carrying of firearms.
As such, since 2016, TC has issued exemptions pursuant to the AA, which authorize DFO, ECCC and PC officers to carry, transport, and have access to loaded firearms at airports while conducting investigations.
United States Customs and Border Protection
The current CBSA policy concerning the carriage of defensive equipment and firearms at airports has implications for Canada’s bilateral relationship with the United States, particularly with respect to the Agreement on Land, Rail, Marine and Air Transport Preclearance (LRMA). Since the LRMA has been ratified, and the Preclearance Act, 2016 (PCA, 2016) came into force, US preclearance officers (PCOs) have the authority to carry the same personal protective equipment as BSOs while performing duties and functions in the same operating environment.
Under the LRMA, which came into force in August 2019, Canada has committed to permit US preclearance officers (PCO) to carry the same types of regulated items (e.g. firearms, defensive equipment) that CBSA BSOs are permitted to carry in the same operating environment. Therefore, the US Inspection Agency’s (US Agency) PCOs are also included in the amendments to the CASR, 2012. While US Agency refers to a US department or agency whose employees perform preclearance in Canada, currently, all PCOs are employees of the US Customs and Border Protection (CBP). For clarity and ease of reference, the Regulatory Impact Analysis Statement (RIAS) will henceforth refer to the US CBP rather than the US Agency. The RIAS may also refer to “the Agencies,” which would mean the CBSA and the US CBP.
Exemptions for the CBSA and US CBP
The exemptions, issued by TC to the CBSA and the US CBP, included stringent conditions.
There are more than 500 airports in Canada, all regulated by TC under the CASR, 2012, but only those classified as Class 1, 2 and 3 airports have the Canadian Air Transport Security Authority (CATSA) screening.
A Class 1 Airport is an airport that is certified to serve scheduled operations of large air carrier aircraft that can also serve unscheduled passenger operations of large air carrier aircraft and/or scheduled operations of small air carrier aircraft. There are nine Class 1 airports in Canada, which are identified in Schedule 1 of the CASR, 2012.
Class 2 airports are airports that serve scheduled operations of small air carrier aircraft and unscheduled operations of large air carrier aircraft; they are not permitted to serve scheduled large air carrier operations. There are 20 Class 2 airports in Canada, which are identified in Schedule 2 of the CASR, 2012.
Class 3 airports are airports that are certified to serve scheduled operations of small air carrier aircraft; they cannot serve scheduled or unscheduled large air carrier aircraft. There are 60 Class 3 airports in Canada, which are identified under Schedule 3 of the CASR, 2012.
Two exemptions were issued to the CBSA in 2019:
- For Class 1 airports (except for Mirabel International Airport), or any airport with US preclearance services; and
- For the Class 2, 3 and all other airports that do not have preclearance control operations.
Since Mirabel International Airport is no longer hosting passenger aircraft and is closed to all passenger traffic, it does not have preclearance activities and, therefore, is not included in the Class 1 exemption, but in the second exemption for Class 2, 3 and other airports.
During the summer of 2019, an exemption was also issued for the US CBP, which allows US PCOs to carry, transport, or have access to their defensive equipment, as well as loaded firearms and ammunition, while conducting activities authorized under the LRMA and the PCA, 2016, at all Class 1 airports with US preclearance operations.
The exemptions authorized BSOs and US PCOs to carry, transport, or access defensive equipment [baton and/or oleoresin capsicum (OC) spray] inside or outside the ATB or on board an aircraft on the ground. Such officers are also authorized to carry, transport, or access defensive equipment, a loaded agency firearm and ammunition, without a limit of time when they are
- outside the ATB;
- inside the baggage make-up area located inside the ATB;
- inside the customs office inside the ATB (for the CBSA border services officers only);
- inside firearms storage rooms inside the ATB;
- on board an aircraft on the ground; or
- transiting to or from armed work activities.
BSOs and PCOs are allowed under the 2019 exemptions to carry, transport or access their defensive equipment and a firearm or ammunition, if they are coming from an area where they can carry a loaded firearm and ammunition into the ATB to perform the following activities, under the following scenarios:
- for no longer than 60 minutes, except in exigent circumstances, when conducting the following activities:
- commercial compliance or commercial examination;
- customs examination, other than a primary examination and/or a routine secondary examination;
- an examination with the assistance of canines;
- pursuing baggage, other goods, or persons of interest from an area where BSOs are allowed to carry, transport or have access to firearms or ammunition; or
- when having breaks and meals.
The 60-minute time frame is intended to allow an armed officer to respond to a specific situation efficiently while ensuring that officers do not carry firearms and ammunition while engaged in the performance of their regular/routine duties inside an ATB.
The two 2019 CBSA exemptions also allowed inland enforcement officers, intelligence officers and criminal investigators to carry, transport, or have access to defensive equipment and loaded agency firearms and ammunition at airports, when they are not in uniform if
- their primary work location is not at the airport; and
- they came inside the ATB to conduct one of the following activities for the purposes of enforcing or administering CBSA program legislation:
- gathering intelligence;
- responding to a threat posed by a specific person or specific goods identified by the CBSA;
- planning or conducting intelligence or criminal investigations as a result of law enforcement officers’ security referral or intelligence report.
The exemptions also included storage rules for defensive equipment, firearms, and ammunition, which stated that BSOs and PCOs must store defensive equipment, firearms, or ammunition that remain at an airport in accordance with the provisions of
- the CBSA’s policy on use of force and defensive equipment and the Public Agents Firearms Regulations for BSOs; and
- the CBSA’s policy on the use of force and defensive equipment and the conditions for carriage of regulated items under the LRMA for the PCOs.
These exemptions were applicable when BSOs and PCOs are on and off duty.
Finally, the exemptions required that the CBSA and US CBP monitor and report on compliance with the conditions of the exemptions and take corrective actions when any non-compliance is detected by TC.
For the Class 2, 3 and other airports, the same authorizations, limitations, monitoring, and reporting requirements noted above for Class 1 airports are applicable to the CBSA officers as per the exemption; however, BSOs may carry, transport, or have access to loaded firearms and ammunition for their entire shift if their duties require frequent transitions between armed and unarmed tasks/locations. In other words, due to these frequent transitions, BSOs operating at Class 2, 3, and other airports do not generally find themselves in situations where the 60-minute time limit would apply.
Exemptions for other government departments (OGDs)
There are two exemptions for DFO, PC and ECCC.
The first one allows DFO, PC and ECCC officers to carry, transport, or have access to defensive equipment, a loaded firearm and ammunition at airports and on-board aircraft owned or commercially leased by a federal authority (such as DFO, PC and ECCC) per the following conditions:
- the officer has identification that certifies that they have been appointed under the appropriate legislative authority;
- the officer is in uniform and on duty;
- the officer is at the airport to board or deplane an aircraft owned or commercially leased by a federal authority, or to carry out inspection and enforcement duties;
- the loaded firearm is an “agency firearm” as defined in the Public Agents Firearms Regulations; and
- the officer carries a copy of the exemption.
The officers of these departments often need to “hit the ground running” either for wildlife control or in case of enforcement, such as apprehending poachers, which is why they need to be fully armed aboard, so that once they land, they could be active.
The second exemption permits certain commercial air carriers to allow DFO, PC and ECCC officers in the performance of their enforcement duties to carry, transport or have access to defensive equipment, a loaded firearm and ammunition, while on board an aircraft, if the carrier confirm that
- the officer has a valid certificate of designation, which indicates the officer has been appointed under the appropriate legislation;
- the officer is in uniform and acting in the course of their duties;
- the loaded firearm is an “agency firearm” as defined in the Public Agents Firearms Regulations;
- a copy of the exemption is carried on board the aircraft; and
- no other passengers, except for employees of DFO, PC or ECCC who are engaged in an enforcement operation, are carried on board the aircraft.
Objective
The objective of the regulatory amendments is to ensure clarity, certainty and transparency about authorizations for law enforcement personnel to carry, transport and have access to defensive equipment and loaded firearms and ammunition in specific circumstances, and under strict conditions, within Canadian airports. By codifying existing exemptions, the amendments will support effective law enforcement and ensure the ongoing safety of front-line officers and the general public, within Canadian airports.
The amendments present the most balanced response to the consideration of inherent risks associated with the role of an enforcement officer at the airport. Research and reports (PDF)show that there are incidents of organized crime involvement and large drug seizures at major Canadian international airports, which have gathered public attention and highlighted the reality of criminal activity within the airport environment.
Description
The amendments codify the situations outlined in the exemptions to the CASR, 2012, subject to certain conditions outlined below.
The amendments for the CBSA and US CBP authorize BSOs/PCOs to carry defensive equipment (baton and OC spray) at all times, and loaded firearms and ammunition, only within specific locations inside the ATB and/or during specific activities.
For the purposes of the Regulations, the amendments define the following terms:
- agency firearm: has the same meaning as in section 1 of the Public Agents Firearms Regulations;
- baggage make-up area: means an area of an air terminal building, or an area of a building at an aerodrome that is under an air carrier’s control, where checked baggage is stored;
- border services officer: has the same meaning as in section 5 of the PCA, 2016;
- commercial office: means an area of a customs office designated under section 5 of the Customs Act that is used primarily for the reporting, examination and release under that Act of commercial goods, as defined in section 2 of the Reporting of Imported Goods Regulations;
- defensive equipment: means a baton or oleoresin capsicum spray or both;
- exigent circumstances: means circumstances beyond a border services officer’s or a US preclearance officer’s control in which the officer’s continued presence is required to (a) preserve the integrity of an examination or investigation that is underway; or (b) prevent an imminent danger to human life or serious damage to property;
- US inspection agency: means the entity responsible for carrying out responsibilities relating to the importation of goods, immigration, agriculture, and public health and safety in order to determine whether a person or goods bound for the United States is or are admissible;
- US inspection agency ammunition: means ammunition that is provided to US preclearance officers by the US inspection agency;
- US inspection agency firearm: means a firearm that is provided to US preclearance officers by the US inspection agency and that is loaded with US inspection agency ammunition or is unloaded; and
- US preclearance officer: has the meaning assigned to the definition preclearance officer in section 5 of the PCA, 2016.
Class 1 airports
Authorizations and limitations for the CBSA BSOs and US CBP PCOs
Additional amendments to the Regulations have been made to clarify situations in which these officers may carry, transport, or have access to their defensive equipment and firearms.
First, the amendments allow CBSA BSOs to carry, transport, or access their defensive equipment, a loaded firearm and ammunition, if they are coming from an area where they can carry a loaded firearm and ammunition to the ATB to perform the following activities for no longer than 60 minutes (except in case of exigent circumstances):
- providing necessary assistance to another border services officer and/or to a US PCO in respect of an examination that is underway;
- conducting an examination using canines;
- monitoring persons, baggage, or other goods to verify compliance with program legislation as defined in section 2 of the Canada Border Services Agency Act if such monitoring commenced in an area where BSOs are allowed to be armed at all times and continues inside the ATB;
- escorting persons, baggage, or other goods if such escorting commenced in an area where BSOs are allowed to be armed at all times and continues inside the air terminal building; or
- taking a break or having a meal.
Second, the amendments allow US CBP PCOs to carry, transport, or access their defensive equipment, a loaded firearm and ammunition, if they are coming from an area where they can carry a loaded firearm and ammunition to the ATB to perform the following activities for no longer than 60 minutes (except in case of exigent circumstances):
- providing necessary assistance to another US PCO, in respect of an examination that is underway;
- conducting an examination using canines;
- escorting persons, baggage, or other goods if such escorting commenced in an area where PCOs are allowed to be armed at all times and continues inside the air terminal building; or
- taking a break or having a meal.
Oversight/corrective actions and recording failure to comply with a condition
The amendments amend the current reporting responsibilities for the CBSA and the US CBP to ensure that the obligations set out in the CASR, 2012, are met and that corrective actions are taken immediately to address non-adherence and prevent its recurrence.
The amendments establish an obligation on the CBSA and the US CBP to keep a record of any instance in which an officer failed to comply with the CASR, 2012. The record must include the date, a description of the situation, and the corrective action that was taken to prevent the instance from reoccurring. The amendments will also require that the CBSA and the US CBP record instances where officers were armed for more than 60 minutes because of exigent circumstances.
The amendments require the CBSA and US CBP to make such records available on request to the Minister of Transport. This is different from the exemptions, which require that the CBSA and the US CBP submit a compliance report to the Minister every three months.
Administrative monetary penalty (AMP)
The amendments introduce an administrative monetary penalty (AMP) regime for CBSA and US CBP officers who are found to be in non-compliance with the requirements of the Regulations. When subjected to the exemption regime, failure to meet a condition of exemption had the effect of invalidating the exemption. In turn, those that benefited from the exemptions would find themselves in non-compliance with the CASRs, 2012. As a result, given the fact that the provisions of the CASRs to which the exemptions related were not designated offences, CBSA and US CBP officers who contravened those provisions of the CASRs, were guilty of an offence, punishable through summary conviction.
AMPs provide a more practical and proportionate option for enforcing regulatory non-compliance to the CASRs. The new AMPs regime replaces the summary conviction regime that was the only available enforcement option at the time. The amount of the AMP is set at a maximum of $25,000 for the CBSA / US CBP and a maximum of $5,000 for the officer found to be in non-compliance.
Storage rules
Storage requirements for firearms and ammunition for the CBSA and their officers are set out in the Public Agents Firearms Regulations. Therefore, the amendments to the CASR, 2012, do not specifically address storage requirements.
Storage requirements for US CBP firearms and ammunition, which are required at preclearance facilities, are covered under the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations. footnote 4
Class 2, 3 and other airports
The amendments apply the same authorizations, limitations, oversight, and record-keeping requirements defined above for Class 1 (or others which have US preclearance operations) to the Class 2 and 3 and other airports. However, it should be noted that these requirements only apply to the CBSA, as the US CBP does not operate in Class 2 and 3 airports. Additionally, as their duties may require frequent transition between armed and unarmed tasks/locations, BSOs may be carrying, transporting, or having access to their loaded firearm and ammunition for their entire shift. In other words, BSOs operating at Class 2 and 3 airports, and other airports, are generally not expected to find themselves in situations where the 60-minute time limit would apply.
Three other government departments (DFO, ECCC, PC officers)
The amendments codify the existing exemptions by allowing DFO, ECCC, and PC officers at airports to carry, transport or have access to defensive equipment and a loaded firearm and ammunition while performing their enforcement and inspection duties at an airport and/or to board an aircraft.
However, the amendments introduce slightly different requirements from the ones included in the exemptions.
Under the exemptions, if DFO, ECCC, and/or PC officers intend to carry defensive equipment and/or firearms on board an aircraft, the aircraft operator must verify that no other passengers are on board. The amendments allow for the following passengers to also be on board:
- an employee of a federal or provincial department or agency, other than an officer of the DFO, ECCC or PC, who is acting in the course of their duties;
- a police officer or police constable; or
- a person detained under the authority of an officer of the DFO, ECCC or PC.
These amendments better reflect the reality of operations for officers of the three other government departments while on board the aircraft. All requests for authorization to air operators will continue to be made by DFO, ECCC and PC.
The amendments introduce two conditions, which were not included in the exemption. First, the amendments require these other government departments, in advance of a flight, to notify the operator of the aircraft of the activities to be carried out on board the aircraft. Second, the operator of the aircraft will now need to verify that the aircraft is appropriately equipped to conduct the flight safely considering the planned activities.
These two conditions already exist in other regulations and TC policies, but are added into the CASR, 2012, to ensure the safety of everyone on board the aircraft during such a mission. Thus, pilots are already ensuring that the aircraft is equipped for the type of missions that will occur, but in these specific situations, pilots need to know, in advance, if loaded firearms will be carried on board the aircraft.
Finally, under the amendments, DFO, ECCC and PC officers are no longer be required to wear their uniforms when at the airport for the purpose of boarding an aircraft while armed. As long as officers present a valid certificate of designation to the aircraft operator, which indicates that they have been appointed under the appropriate legislation, they are no longer required to wear a uniform for the purpose of boarding an aircraft while performing their duties and carrying defensive equipment and/or loaded firearms. This change is not expected to have an impact on the aircraft operator’s ability to verify the identities of the officers given the requirement for DFO, ECCC, and PC to notify the operator in advance of the activity, and that the operator will still be expected to check the validity of the certificates of designation for each officer boarding the aircraft.
TC will monitor DFO, ECCC, and PC officers for compliance through inspections. Under the AA, an officer found to be in contravention of any of the obligations set out in the CASR, 2012, could be subject to prosecution via summary conviction.
Consequential amendments
Given the fact that officers from five departments are now allowed to carry, transport or have in their possession defensive equipment, a loaded firearm and ammunition, when on board an aircraft, consequential amendments are required to the TDGR. These amendments allow the officers from the CBSA, US CBP, DFO, PC and ECCC to carry ammunition on board an aircraft.
Additional minor administrative amendments are also required in order to amend section headings and number references.
Regulatory development
Consultation
TC has consulted with implicated internal and external stakeholders about the amendments since July 2020.
The CBSA
The CBSA is supportive of the amendments.
The CBSA was instrumental in defining the different tasks accomplished by the BSOs to help ensure that the specific conditions around defensive equipment and firearms in the Regulations would support ongoing CBSA activities and operations within airports. The CBSA pointed out that the definition of “exigent circumstances,” under which a CBSA officer may remain armed for longer than 60 minutes, should acknowledge that “exigent” is something that is unforeseen. For example, if it is apparent that an activity, which does not necessitate carrying a firearm, will take longer than 60 minutes, then firearms should be removed if possible; however, in some situations, such as active examinations or investigations, it is not always apparent that the activity will exceed 60 minutes, and it could be detrimental to pause such activities to remove firearms. Therefore, the amendments provide a definition of “exigent circumstances” that incorporates the input provided from the CBSA. “Exigent circumstances” are defined as “circumstances beyond an officer’s control in which the officer’s continued presence is required to preserve the integrity of an examination or investigation that is underway or to prevent an imminent danger to human life or serious damage to property.” The addition of “preserving the integrity of an examination or investigation” was important to the CBSA to ensure that active examinations or investigations are not interrupted or otherwise put in jeopardy by the 60-minute requirement.
TC and the CBSA have developed procedures for monitoring and ensuring compliance with the Regulations.
US CBP
Consultations with Public Safety Canada (PS) have ensured that the obligations of the LRMA and PCA, 2016, are properly reflected in the amendments. PS also participated in consultations with the US CBP to ensure that the latter is fully aware of when and where preclearance officers are permitted to carry their defensive equipment, duty firearm and ammunition while on duty at Canadian Class 1 airports. Discussions with the US CBP also ensured that operational requirements were considered and addressed, and that CBP officers receive the same treatment as CBSA officers, as is required under the LRMA. Overall, the codification of the exemption in the CASR, 2012, does not change the activities that US preclearance officers are authorized to perform at Canadian Class 1 airports; the language has only been refined.
Other government departments
DFO, ECCC and PC have all expressed support for codifying the exemptions to permanently allow their officers — subject to specific requirements — to carry, transport and access defensive equipment and/or loaded firearms and ammunition within airports and on board aircraft while performing their duties. All three departments also support the amendment that allows officers to conduct certain activities within airports or on board aircraft while in plain clothes. This amendment was recommended by both DFO and PC.
ECCC noted that, by the nature of the laws it enforces, its enforcement officers are in contact with a higher percentage of armed persons or dangerous substances or animals than the police or other law enforcement officers. For example, ECCC officers must be armed for protection against dangerous animals. In an airport setting, that could involve dangerous or venomous live animals, such as snakes and crocodiles. To maintain safety, ECCC officers may be required to neutralize the situation on a moment’s notice.
PC recommended extending the scope of the amendments to include working closely with related police services and provincial and territorial wildlife enforcement officers (i.e. officers and wardens). As a result, TC and PC worked to ensure that wildlife control officers from either federal, provincial or territorial jurisdiction, as well as the police, were specifically included in the exemptions for DFO, ECCC and PC, when they are supporting or assisting DFO, ECCC and/or PC officers in the performance of their duties at airports and/or on board aircraft.
Airport authorities and airlines
Airport authorities and airlines were consulted before the revised exemptions were issued in July 2019 and during the Advisory Group on Aviation Security meeting, which was held on April 15, 2021. No concerns about the exemptions and/or the related conditions were raised during or after these consultations.
Additional consultations
On April 15, 2021, an Advisory Group on Aviation Security meeting was held virtually and offered a forum to provide an update to the air industry about this proposal. The intervening parties were provided with contact information on how to reach out to TC should they want to discuss or provide comments on the proposal. As of July 19, 2021, no concerns or questions have been raised.
COVID-19
Consultations regarding the amendments were held during the COVID-19 pandemic and there were no identified COVID-19 implications to the affected stakeholders resulting from these amendments.
Travelling public
Given that the amendments largely formalize existing practices, they are not expected to result in any changes to ongoing safety and security operations at Canadian airports. Therefore, no noticeable impacts are expected for the travelling public; the airport experience for travellers will not be affected.
Prepublication in the Canada Gazette, Part I
The Regulations were prepublished in the Canada Gazette, Part I, on March 19, 2022, followed by a 30-day comment period. Only one comment on the proposed Regulations was received by a stakeholder.
This stakeholder raised concerns about issuing AMPs against CBSA officers whose non-compliance with the Regulations might result from carrying out direct orders from their supervisors and/or acting in good faith in a situation that was beyond their control. The stakeholder also expressed concerns about the relatively high penalty amount for individual officers ($5,000) compared to the penalty amount for the CBSA as an organization ($25,000). TC considered this feedback carefully, but ultimately concluded that changes to the Regulations were not required. AMPs are one of only two options possible (the other being prosecution) for enforcement under the AA; both TC and the CBSA agreed that AMPs would be a more practical and proportionate option for enforcing regulatory compliance with the conditions than prosecution. As for the maximum penalty amounts, these are established in the AA and, therefore beyond the scope of the Regulations; however, TC officers have the discretion to issue penalties at lower amounts depending on the specific circumstances. In accordance with TC’s Enforcement Policy, TC officers take a graduated and proportionate enforcement approach that considers all relevant factors surrounding an incident of non-compliance.
The stakeholder further requested that the 60-minute rule be completely removed from the Regulations. While TC appreciates the concerns raised about the 60-minute timeframe, the Regulations do provide for added flexibility due to exigent circumstances. During previous consultations, TC had revised the definition of “exigent circumstances” based on feedback received from the CBSA to provide for a broader application. Additionally, the Regulations provide sufficient cover for BSOs to carry firearms in various situations where it may be necessary or unavoidable to do so. It should also be noted that other CBSA officers (e.g. criminal investigators) are able to carry firearms at all times while at an airport. Finally, the Regulations are designed to codify the existing exemptions while not making substantive changes to the existing regime. As such, the 60-minute rule was not removed from the Regulations.
Modern treaty obligations and Indigenous engagement and consultation
In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an analysis was undertaken to determine whether the proposal is likely to give rise to modern treaty obligations. This assessment examined the geographic scope and subject matter of the proposal in relation to modern treaties in effect and no modern treaty obligations were identified.
Instrument choice
The issuance of exemptions starting in 2015 was meant to serve as a temporary measure pending a permanent decision on an appropriate airport security policy and CBSA arming practices. The exemptions have proven to be costly and time-consuming as they need to be reviewed and reissued when they expire. After extensive consultations with the Privy Council Office, the CBSA, PS and TC, it was determined that regulatory amendments were needed to regularize the CBSA exemptions. It was also decided that since amendments were already being made to the CASR, 2012, the exemptions for DFO, ECCC and PC officers should also be regularized through these amendments. Regulations will ensure clarity, certainty, and transparency about the specific authorizations and their related conditions and eliminate the need to continue renewing temporary exemptions, which should not be used as a substitute for regulations.
Regulatory analysis
Analytical framework
The analysis estimated the impact of the amendments over a 10-year period from 2022 to 2031. Unless otherwise stated, all costs are expressed in present value 2020 Canadian dollars, discounted to 2021 at a 7% discount rate.
Baseline and regulatory scenarios
In the baseline scenario, there are five exemptions permitting the carriage of defensive equipment, a loaded firearm and ammunition by CBSA, DFO, PC, ECCC and US CBP officers.
Two of the exemptions pertain to the carriage of defensive equipment at all times, and a loaded firearm and ammunition in certain circumstances, by CBSA officers at Class 1, 2 and 3 airports as well as other airports.
One exemption pertains to the carriage of defensive equipment, and a loaded firearm and ammunition, by DFO, PC and ECCC officers, in certain circumstances, at airports and on board an aircraft.
One exemption permits air carriers that have leased an aircraft to DFO, PC or ECCC to allow armed officers from those departments to be on board.
One exemption pertains to the carriage of defensive equipment, and a loaded firearm and ammunition, by US preclearance officers at Class 1 airports, except at the Mirabel International Airport.
TC has reviewed and reissued these exemptions numerous times (since 2015 for CBSA, 2016 for DFO and ECCC, 2017 for PC, and 2019 for the US CBP) and would continue to reissue the five exemptions on a yearly basis in the baseline scenario.
In the baseline scenario, DFO, PC and ECCC officers would not be able to be armed with loaded firearms and ammunition on the same aircraft. Departmental officers are only allowed to board the aircraft with this authority if the aircraft is leased or operated for their home department.
The regulatory scenario considers the anticipated impacts of codifying the exemptions in the CASR, 2012, which would end the need to review and reissue the exemptions. Further, in the regulatory scenario, DFO, PC and ECCC officers could all be on board the same flight, if needed.
Table 1 below presents the exemptions under both the baseline and regulatory scenarios. Table 2 demonstrates the number of exemptions that would no longer need to be issued in the regulatory scenario between 2022 and 2031.
| Exemption | Baseline scenario | Regulatory scenario |
|---|---|---|
| CBSA at Class 1 airports | A temporary exemption is used to allow CBSA officers to carry, transport or have access to defensive equipment, at all times, and a loaded firearm and ammunition in specific circumstances at Class 1 airports (except for the Mirabel International Airport, unless US PCOs are established at this airport) and at all other Canadian airports with US preclearance operations. | The amendments codify the exemption and TC no longer needs to reissue the exemption. |
| CBSA at Class 2 and 3 airports and other airports | A temporary exemption is used to authorize CBSA officers to carry, transport or have access to defensive equipment, at all times, and to a loaded firearm and ammunition in specific circumstances at Class 2 and 3 airports. | The amendments codify these exemption and TC no longer needs to reissue the exemption. |
| US CBP at airports with preclearance operations | An exemption is used to authorize US PCOs to carry, transport or have access to defensive equipment, at all times, and to a loaded firearm and ammunition at airports with preclearance operations, and on board aircraft on the ground at these airports in specific circumstances and subject to certain terms and conditions in this exemption. | The amendments codify the exemption and TC no longer needs to reissue the exemption. |
| DFO, PC and ECCC at airports and on board aircraft | An exemption is used to allow DFO, PC and ECCC officers to carry, transport, and have access to defensive equipment, a loaded firearm and ammunition, at airports and on board commercially leased aircraft or aircraft owned by the federal government. | The amendments will codify the exemption and introduce new conditions. TC no longer needs to reissue the exemption and/or amend it as necessary to deal with operational realities. |
| Aircraft leased by DFO, PC and ECCC | An exemption is used to permit certain air carriers to allow DFO, PC and ECCC officers in the performance of their enforcement duties to carry, transport and have access to defensive equipment, a loaded firearm and ammunition while on board the aircraft. | The amendments codify the exemption and introduce new conditions. TC no longer needs to reissue the exemption and/or amend it as necessary to deal with operational realities. |
| Exemption | Number of avoided required reissues | Part of the CASR, 2012, to which the exemptions apply |
|---|---|---|
| CBSA at Class 1 airports | 10 | Part III |
| CBSA at Class 2, 3 and other airports | 10 | Part III |
| US CBP at airports with preclearance operations | 10 | Part III |
| DFO, PC, ECCC at airports and on board aircraft | 10 | Part III |
| Aircraft leased by DFO, PC, and ECCC | 10 | Part VIII |
Benefits and costs
Benefits
The Government is expected to benefit from cost savings, as there will no longer be a need to review and reissue these exemptions when they expire. To estimate the cost savings, average hours spent on exemptions by TC employees was estimated. Cost savings were calculated by multiplying the employee hourly wage by the number of hours spent by each employee on each exemption, as outlined in Table 3. In total, the amendments are expected to result in a cost saving of approximately $39,225, all of which would be realized by TC.
| Employee classification | Average hours per exemption | Hourly wages ($) |
|---|---|---|
| TI-06 (Aviation) | 2 | 80.68 |
| TI-07 (Aviation) | 0.5 | 91.19 |
| EX-01 | 0.25 | 109.60 |
| PM-04 | 2 | 59.31 |
| PM-05 | 1 | 70.85 |
| PM-06 | 0.5 | 87.85 |
| EC-04 | 7 | 65.76 |
| EC-06 | 3 | 89.02 |
Further, DFO, PC, and ECCC officers are expected to benefit from the flexibility of no longer being required to wear their uniforms when at the airport for the purpose of boarding an aircraft while armed.
Costs
Permitting DFO, ECCC, and PC officers to bring other persons on flights could increase the number and the complexity of the verifications done by air operators, which is expected to result in a very minor incremental cost to air operators. These costs have not been monetized because such operations happen on an ad hoc basis and because it is not possible to predict if, when, or how many additional persons will be included in such operations.
For the purposes of regulatory analysis, the payment of fines (e.g. AMPs) for non-compliance with Regulations is not considered an incremental cost to regulated parties nor a benefit to the Government of Canada.
Small business lens
The small business lens does not apply, as there are no associated impacts on small businesses.
One-for-one rule
The one-for-one rule does not apply, as there is no incremental change in the administrative burden on business. The amendments include recording requirements for the law enforcement agencies; however, these are not considered businesses for the purposes of the rule. While air operators are now expected to perform verification checks to allow officers to board an aircraft, operators are not required to keep records of their verifications for reporting to TC or for compliance inspections.
Regulatory cooperation and alignment
The Regulations are not related to a work plan or commitment under a formal regulatory cooperation forum; however, they do support Canada’s commitments under the LRMA.
Under the LRMA, Canada’s obligation is to permit US PCOs to carry the same regulated items (e.g. defensive equipment, ammunition) that CBSA officers are permitted to carry in the same operating environment. This obligation was implemented through amendments to the Criminal Code and the issuance of an exemption to the CASR, 2012. The amendments ensure that Canada continues to implement this treaty obligation.
The amendments implement commitments made between the Government and the US Government, as per the PCA, 2016, and the LRMA Transport Preclearance requirements.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus (GBA+)
As the amendments mostly codify existing procedures related to carriage of firearms and defensive equipment by law enforcement officers, they are not expected to have differential impacts on the basis of identity factors such as gender, race, ethnicity, sexuality, or religion. Furthermore, the amendments are not expected to result in any changes to ongoing safety, security and/or regular operations at Canadian airports, nor affect the airport experience for the travelling public.
Implementation, compliance and enforcement, and service standards
Implementation
The amendments come into force on the day upon which the Regulations are published in the Canada Gazette, Part II. In the meantime, the CBSA will continue to monitor and report to TC on the effectiveness, performance, and on any operational issues to determine the level of compliance with the exemptions.
TC will monitor the transition from the exemptions to the coming into force of the amendments. Communication between TC and the five departments will be key to ensuring a smooth transition and the implementation of the small changes from the exemptions.
Compliance and enforcement
The amendments introduce a change in the compliance requirements for the CBSA and the US CBP.
Currently, the CBSA and the US CBP are required to submit a quarterly report to the Minister of TC that contains information on non-compliance with the terms and conditions of the exemptions, and any exigent circumstances in which officers had to carry a firearm for more than 60 minutes. The amendments now require the CBSA and US CBP to maintain a registry that contains the instances in which they were non-compliant with the conditions for carrying, transporting or having access to defensive equipment, a loaded firearm and ammunition. The registry must include records on the date, time, instance of non-compliance and situations where exigent circumstances occurred, along with the actions that the Department will take to prevent the instance from happening again in the future.
The CBSA and the US CBP will need to provide records following a request from the Minister of Transport. TC will also monitor compliance with the Regulations through regular inspections.
Enforcement actions could be taken against the Agencies if they fail to comply with the Regulations pertaining to their functions, as well as their requirements to keep records and provide them to the Minister of TC upon request. In the case of the CBSA, officers could be issued AMPs if they fail to meet the prescribed conditions regarding firearms and defensive equipment. TC’s enforcement approach will be graduated, beginning with verbal or written warnings, and only resulting in AMPs in extraordinary circumstances. The maximum penalty amount for an organization is $25,000 and the maximum penalty amount for an individual is $5,000.
Regarding DFO, ECCC and PC, the existing enforcement regime continues to apply. If there is a violation of the obligations set in the CASR, 2012, TC may request that proceedings against the person be taken by way of summary conviction.
Contact
Mario Boily
Executive Director
Program Development
Aviation Security Directorate
Transport Canada
Place de Ville, Tower B, 20th Floor
112 Kent Street
Ottawa, Ontario
K1A 0W8
Telephone (support centre): 1‑866‑375‑7342
TTY: 1‑888‑675‑6863
Email: RegsAmendmentsArmingFile-ModificationsRegsDossierArmement@tc.gc.ca