Aviation Security Law 航空安全法(109)

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As .rst point of interest, in section 148 of the IRPA, air carriers are required not to carry any person that is not in possession of requireddocuments of travel. In the event that such obligations are not ful.lled, section 278 describes the different penalties, which will be imposed to the transportation companies.
Within Part 17 of the implemented regulations by the CIC, section 269 contains relevant advance passenger information legislation including:
269: Details data elements that will be required under the Canadian Advance Passenger Information programs, including;
Surname, .rst name and initial(s) of any middle names;
Date of birth;
Country that issued a passport or travel document, the citizenship or nationality of the
airobia;
Gender;
Passport number or, if a passport is not required, the number on the travel document that
identi.es them; and,
Reservation record locator or .le number.
This part also provides for government access to airline reservation systems at 269(2), and seemingly indicates that the government shallhave access to any record at any following its creation.378
Furthermore, it is important to note that paragraph 2 of the same legislation includes a disposition where any electronic messaging follows the existing UN EDIFACT PAXLST format.
According to the Privacy Commissioner of Canada, complying with the United States new interim rule would infringe upon fundamental privacy rights and could possiblybe used for other purposes, such as verifying income tax and other criminal
375Unof.cial letter by American Airlines dated 28 February 2002 and unof.cial letter by Conti-nental Airlines dated 28 February 2002.
376Immigration And Refugee Protection Act, L.c. 2001, c.27 (hereinafter referred to as IRPA).
377Citizenship and Immigration Canada (hereinafter referred to as CIC).
378IRPA, Part 17 Transportation, supra note 51 at section 269.

D. The Passenger Name Record
information. It views this as a comparison as a “Big Brother” database.379 However, it should be mentioned that when a passenger travels, he or she implicitly gives up a certain amount of privacy in order to receive clearance at different border control authorities.
As for the air carrier, a leading charter Montreal based airline, Air Transat A.T. requested from the US Customs a delay until 15 December 2003 in order to fully comply with the new Interim Rule.380 The airline’s representative in government affairs indicated that the airline does not possess at this time any central reservation system as most of its bookings are done through tour operators and other travel agencies. The costs relating to changing to a fully electronic method would represent an investment of 1.3 million dollars. It further criticized the deadlines imposed by the United States:
We trust that such best efforts to date will be properly considered and that the Final Rule will not unduly penalize or burden smaller or less sophisticated air carriers such as Air Transat, in terms of passenger reservation and seat inventory management, with an unrea-sonably expeditious effective date.381
As a response to the United States Customs Directive on API, the legal director of ICAO gave an opinion and con.rmed that although punitive recourses are at this time beingimposedto different carriers, it appears to follow the guidelines set forth by the Chicago Convention:
Another essential feature of API as an effective facilitation measure is the accuracy of the information provided. The accuracy of the data contained in a Passenger Manifest is an essential requirement of this document, whether it is transmitted in advance (API) or not, and such requirement should be equally enforceable. Based on this principle, the requirement that the data provided by airlines must comply with an increasing percentage of accuracy only means that the US authorities intend to reduce their degree of tolerance of errors, possibly aiming at tolerance zero which is consistent with such principle. Punitive measures against airlines failing to comply with the required accuracy, the level of severity of such measures and the empowerment of the authorities to apply them are matters of national policy and law, provided that the applicable measures are enforceable within the territory of the State concerned, which appears to be the case[...].
　
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