Flying from Canada to the Caribbean? The United States Department of Homeland Security may now know about it, even if you’re not stopping in the USA. The Canadian Government recently amended the Aeronautics Act with Bill C-42 (link) to further permit airlines to provide passenger information for International flights that not only land in, but also overfly the United States.
Canadian airlines were concerned (link) that as a result of proposed new Regulations associated with the Secure Flight Program in the United States, they would not be able to comply with Canadian privacy laws.
The previous version of the Aeronautics Act only allowed a Canadian airline to provide passenger information to a foreign country in which it was either landing at or departing from. As a result of the amendments, airlines are permitted to provide passenger information if an international flight is even flying over the US (which would include all Caribbean and South American destinations (as well as many Asian destinations), if required by United States law.
An operator of an aircraft that is overflying, but not landing, in the United States is also required to inform passengers that information relating to them may be provided to a competent authority in the United States.
Bill C-42 also provides that the new sections shall be reviewed within two years with a report provided to the House of Commons.