Vol. 140, No. 51 — December 23, 2006

ORDERS IN COUNCIL

DEPARTMENT OF TRANSPORT

Interim Order Respecting Prohibited Items

P.C. 2006-1583 December 14, 2006

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 6.41(2) (see footnote a) of the Aeronautics Act, hereby approves the annexed Interim Order Respecting Prohibited Items, made by the Minister of Transport, Infrastructure and Communities on December 11, 2006.

Whereas, pursuant to subsection 6.41(1.2) (see footnote b) of the Aeronautics Act, the Minister of Transport, Infrastructure and Communities has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order Respecting Prohibited Items;

Therefore, the Minister of Transport, Infrastructure and Communities, pursuant to subsection 6.41(1) (see footnote c) of the Aeronautics Act, hereby makes the annexed Interim Order Respecting Prohibited Items.

Ottawa, December 11, 2006

LAWRENCE CANNON
Minister of Transport, Infrastructure and Communities

INTERIM ORDER RESPECTING PROHIBITED ITEMS

INTERPRETATION

1. The definitions in this section apply in this Interim Order.

"general list of prohibited items" means Part 1 of TP 14628, which lists or describes goods that

(a) could pose a threat to aviation security;

(b) are prohibited as carry-on baggage by the governments of other countries; or

(c) are identified by the International Civil Aviation Organization (ICAO) as items that must never be carried in the cabin of an aircraft or taken into a restricted area. (liste générale des articles interdits)

"specific list of prohibited items" means Part 2 of TP 14628, which lists flights or classes of flights that require additional screening for reasons respecting elevated threat conditions or the harmonization of screening rules and that lists or describes goods for each flight or class of flight that are supplemental to the goods listed or described in the general list of prohibited items. (liste spécifique des articles interdits)

"sterile area" means a restricted area, including any passenger loading bridges attached to it, that is used to segregate the following persons from other persons at the aerodrome:

(a) passengers who have been screened;

(b) passengers who are exempted from screening in accordance with an aviation security regulation, a security measure, an emergency direction or an interim order; and

(c) other persons who are authorized to be in the area by the aerodrome operator. (zone stérile)

"TP 14628" means the document entitled Prohibited Items Lists, published by the Department of Transport in December, 2006, as amended from time to time. (TP 14628)

2. Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Canadian Aviation Security Regulations.

APPLICATION

3. This Interim Order applies at aerodromes listed in the schedule to the CATSA Aerodrome Designation Regulations.

SCREENING

4. (1) Subject to sections 5 to 7, if an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a screening authority shall not permit the person to enter a sterile area unless the screening authority ensures that the person is not in possession of goods

(a) that are listed or described in the general list of prohibited items; or

(b) that pose an immediate threat to aviation security.

(2) If the sterile area is for passengers for a flight or class of flight listed in the specific list of prohibited items, the screening authority shall not permit the person to enter the area unless the screening authority also ensures that the person is not in possession of any goods that are listed or described in that list for the flight or class of flight.

EXCEPTIONS

5. A screening authority may permit a person in possession of goods listed or described in the general list of prohibited items to enter a sterile area if the goods are medically necessary and the person declares them to the screening authority.

6. A screening authority may permit a health care professional in possession of a medical kit that contains goods listed or described in the general list of prohibited items to enter a sterile area if the screening authority ensures that the kit does not include sharp or cutting instruments.

7. A screening authority may permit a person in possession of a weapon, an explosive substance or an incendiary device to enter a sterile area if the person is carrying it in accordance with the Canadian Aviation Security Regulations.

Prohibited Items Lists

PART 1

• ammunition
• axes and hatchets
• billiard cues
• billy clubs and blackjacks
• bows and arrows
• box cutters
• brass knuckles
• carbon dioxide cartridges and other compressed gases
• caustic materials (including acids)
• chemicals or gases that are disabling
• dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 that are not being transported in accordance with Part 12 of the Transportation of Dangerous Goods Regulations
• darts
• devices for shocking
• firearms and parts of firearms
• fire extinguishers
• gas torches
• golf clubs
• gun lighters
• hockey sticks
• hypodermic needles
• ice axes and ice picks
• ice skates
• insecticides
• knives or knife-like objects of any length
• lacrosse sticks
• liquids, aerosols or gels – other than formula, milk, juice or food for infants – in containers that exceed 100 mL or 100 g in capacity and that do not all fit in a single clear plastic resealable bag that is sealed and does not exceed 1 L in capacity
• martial arts devices
• oxygen tanks
• penetrating objects
• pyrotechnics
• razor blades
• replica weapons
• restraining devices
• scuba tanks
• ski poles
• sling shots and catapults
• sporting bats
• tools
• toy weapons including toy transformer robots that form into toy guns

PART 2

1. Flights to the United States from Aerodromes that have United States Preclearance facilities

• lighters

EXPLANATORY NOTE

(This note is not part of the Interim Order.)

Liquid explosives continue to pose an immediate threat to aviation security. Since the liquid explosive attack attempts late this summer in London, the threat has been assessed and addressed on an emergency basis. This Interim Order codifies the present international consensus on how to address the threat. It also provides greater transparency with respect to existing regulatory requirements respecting prohibited items. The Interim Order will remain in force for one year or until amendments having the same effect are made to the Canadian Aviation Security Regulations in accordance with Canada's regulatory process.

[51-1-o]

Footnote a

S.C. 1992, c. 4, s. 13

Footnote b

S.C. 2004, c. 15, s. 11(1)

Footnote c

S.C. 2004, c. 15, s. 11(1)

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