Arming rules for airport officers

Summary#

These are final amendments to the Canadian Aviation Security Regulations, 2012 that make permanent and clarify earlier temporary exemptions letting certain government officers carry defensive equipment, firearms and ammunition at airports and, in some cases, on aircraft. The rules came into force on December 21, 2022.

What it does#

• Allows certain officers to carry defensive equipment (baton and pepper spray) at airports at all times while on duty.
• Lets officers carry or have access to loaded firearms and ammunition in specific places or for short periods inside an air terminal building — typically up to 60 minutes, unless there are unexpected “exigent circumstances.”
• Covers these groups (under conditions described in the regulations):
  • Canada Border Services Agency border services officers.
  • United States Customs and Border Protection preclearance officers working in Canada.
  • Officers from Department of Fisheries and Oceans, Parks Canada, and Environment and Climate Change Canada, including rules for when they may be armed on board aircraft.
• Requires the employer agencies to keep records when an officer fails to meet a condition or when the 60 minutes limit is exceeded for exigent reasons, and to provide those records to the Minister on request.
• Adds an enforcement option of administrative monetary penalties (AMPs) with maximums of $25,000 for an organization and $5,000 for an individual for non-compliance.
• Amends the Transportation of Dangerous Goods Regulations so eligible officers may carry ammunition on board in these circumstances.
• Leaves firearms storage rules to existing firearms or public agent regulations.

Who's affected#

• Front-line officers who work at airports, especially:
  • Canada Border Services Agency border services officers.
  • United States Customs and Border Protection preclearance officers.
  • Officers from Department of Fisheries and Oceans, Parks Canada, and Environment and Climate Change Canada.
• Air operators and aircraft pilots, who must be notified in advance and verify the aircraft is suitable when officers will be armed on board.
• Airport authorities at classified airports (notably 9 Class 1 airports, 20 Class 2 airports and 60 Class 3 airports are identified in the regulations).
• The travelling public is expected to see no routine change to the airport experience.
• Transport Canada expects administrative cost savings of $39,225 from no longer issuing temporary exemptions.

Why it matters#

• It replaces a patchwork of temporary exemptions with clear, permanent rules. That gives front-line agencies and airport operators legal certainty about when officers can be armed.
• It aims to balance officer safety and public safety by limiting where and when firearms may be carried, by requiring advance notice to operators, and by adding record-keeping and penalties for non-compliance.
• It keeps Canada aligned with its bilateral preclearance obligations to the United States so U.S. preclearance officers have matching allowances while working in Canada.
• For most travellers, little or no visible change is expected. For operators and agencies, there are new paperwork, verification and compliance responsibilities.