Aeronautics Act (R.S.C., 1985, c. A-2)

Short Title

Marginal note:Short title

1 This Act may be cited as the Aeronautics Act.

Her Majesty

Marginal note:Binding on Her Majesty

2 This Act is binding on Her Majesty in right of Canada or a province.

Interpretation

Marginal note:Definitions

• 3 (1) In this Act,

  ANS Corporation

  ANS Corporation means NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act; (société)

  aerodrome

  aerodrome means any area of land, water (including the frozen surface thereof) or other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure, movement or servicing of aircraft and includes any buildings, installations and equipment situated thereon or associated therewith; (aérodrome)

  aeronautical product

  aeronautical product means any aircraft, aircraft engine, aircraft propeller or aircraft appliance or part or the component parts of any of those things, including any computer system and software; (produits aéronautiques)

  air carrier

  air carrier means any person who operates a commercial air service; (transporteur aérien)

  aircraft

  aircraft means

  • (a) until the day on which paragraph (b) comes into force, any machine capable of deriving support in the atmosphere from reactions of the air, and includes a rocket; (aéronef)

  • (b) [Repealed before coming into force, 2008, c. 20, s. 3]

  air navigation services

  air navigation services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de navigation aérienne)

  airport

  airport means an aerodrome in respect of which a Canadian aviation document is in force; (aéroport)

  air traffic control services

  air traffic control services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de contrôle de la circulation aérienne)

  aviation reservation system

  aviation reservation system means a system that provides the capability to make reservations or issue tickets for air services; (système de réservation de services aériens)

  aviation security regulation

  aviation security regulation means a regulation made under subsection 4.71(1); (règlement sur la sûreté aérienne)

  Canada

  Canada[Repealed, 1996, c. 31, s. 56]

  Canadian aircraft

  Canadian aircraft means an aircraft registered in Canada; (aéronef canadien)

  Canadian aviation document

  Canadian aviation document means, subject to subsection (3), any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service; (document d’aviation canadien)

  civil air navigation services

  civil air navigation services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de navigation aérienne civile)

  commercial air service

  commercial air service means any use of aircraft for hire or reward; (service aérien commercial)

  emergency direction

  emergency direction means a direction made under section 4.76 or 4.77; (directive d’urgence)

  hire or reward

  hire or reward means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of an aircraft; (rémunération)

  interim order

  interim order means an interim order made under subsection 6.41(1) or (1.1); (arrêté d’urgence)

  Minister

  Minister means

  • (a) subject to paragraph (b), the Minister of Transport or any other Minister that is designated by the Governor in Council as the Minister for the purposes of this Act, and

  • (b) the Minister of National Defence — or, under the direction of the Minister of National Defence, the Chief of the Defence Staff appointed under the National Defence Act — with respect to any matter relating to defence, including any matter relating to any of the following:

    • (i) military personnel, a military aeronautical product, a military aerodrome or military equipment of Canada or a foreign state, or a military facility of Canada or a foreign state relating to aeronautics, and

    • (ii) a service relating to aeronautics provided by such personnel, by means of such an aeronautical product or such equipment or at such an aerodrome or facility; (ministre)

  pilot-in-command

  pilot-in-command means, in relation to an aircraft, the pilot having responsibility and authority for the operation and safety of the aircraft during flight time; (commandant de bord)

  registered owner

  registered owner, in respect of an aircraft, means the person to whom a certificate of registration for the aircraft has been issued by the Minister under Part I or in respect of whom the aircraft has been registered by the Minister under that Part; (propriétaire enregistré)

  security clearance

  security clearance means a security clearance granted under section 4.8 to a person who is considered to be fit from a transportation security perspective; (habilitation de sécurité)

  security measure

  security measure means a measure made under subsection 4.72(1) or 4.73(1); (mesure de sûreté)

  superior court

  superior court means

  • (a) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province,

  • (a.1) in the Province of Ontario, the Superior Court of Justice,

  • (b) in the Province of Quebec, the Superior Court of the Province,

  • (c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province,

  • (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, and

  • (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; (juridiction supérieure)

  Tribunal

  Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

• Marginal note:Minister for certain purposes

  (2) Despite the definition Minister in subsection (1), Minister, in relation to any matter referred to in paragraph 4.2(1)(n), 4.9(p), (q) or (r) or 8.7(1)(b), means the Minister of National Defence.

• Marginal note:Exception

  (3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.21:

  • (a) a security clearance;

  • (b) a restricted area pass that is issued by the Minister in respect of an aerodrome that the Minister operates; and

  • (c) a Canadian aviation document specified in an aviation security regulation for the purpose of this subsection.

PART IAeronautics

Application of Part

Marginal note:Application of Part

• 4 (1) Subject to any regulations made pursuant to paragraph 4.9(w), this Part applies in respect of aeronautics to all persons and to all aeronautical products and other things in Canada, to all persons outside Canada who hold Canadian aviation documents and to all Canadian aircraft and passengers and crew members thereon outside Canada.

• Marginal note:Application of foreign law

  (2) Every person exercising the privileges accorded by a Canadian aviation document in a foreign state and every Canadian aircraft operated in a foreign state shall comply with or be operated in accordance with the applicable aeronautics laws of that state.

• Marginal note:Conflicts

  (3) Nothing in this Part shall be construed as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign state that applies to or in respect of the person or aircraft.

Marginal note:Contraventions outside Canada

4.1 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision under this Part shall be deemed to have committed a contravention of the provision under this Part and may be proceeded against and punished in the place in Canada where the person is found as if the contravention had been committed in that place.

Responsibilities of Minister

Marginal note:Minister’s responsibilities respecting aeronautics

• 4.2 (1) The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics and, in the discharge of those responsibilities, the Minister may

  • (a) promote aeronautics by such means as the Minister considers appropriate;

  • (b) construct, maintain and operate aerodromes and establish and provide other facilities and services relating to aeronautics;

  • (c) establish and provide facilities and services for the collection, publication or dissemination of information relating to aeronautics and enter into arrangements with any person or branch of government for the collection, publication and dissemination of that information;

  • (d) undertake, and cooperate with persons undertaking, such projects, technical research, study or investigation as in the opinion of the Minister will promote the development of aeronautics;

  • (e) control and manage all aircraft and equipment necessary for the conduct of any services of Her Majesty in right of Canada;

  • (f) establish aerial routes;

  • (g) cooperate with officers of Her Majesty in right of Canada and assist them in providing any services under their jurisdiction that may require any aerial work and collaborate with officers employed in aviation services of Her Majesty in such extension of their work as the development of aeronautics may require;

  • (h) take such action as may be necessary to secure by international regulation or otherwise the rights of Her Majesty in right of Canada in international air traffic;

  • (i) cooperate with officers of Her Majesty in right of Canada on all matters relating to defence;

  • (j) cooperate or enter into administrative arrangements with aeronautics authorities of other governments or foreign states with respect to any matter relating to aeronautics;

  • (k) investigate, examine and report on the operation and development of commercial air services in, to or from Canada;

  • (l) provide financial and other assistance to persons, governments and organizations in relation to matters pertaining to aeronautics;

  • (m) for the purposes of providing aviation weather services that will ensure the safety, regularity and efficiency of aircraft operation, enter into arrangements with any branch of the Government of Canada that is capable of and responsible for providing those services or, where those arrangements cannot be made, enter into arrangements with any person or organization with respect to the provision of those services in such form and manner and at such places as the Minister considers necessary;

  • (n) subject to subsection (2), investigate matters relating to aviation safety; and

  • (o) undertake such other activities in relation to aeronautics as the Minister considers appropriate or as the Governor in Council may direct.

• Marginal note:Exception — investigations of military-civilian occurrences

  (2) Investigations of military-civilian occurrences, as defined in Part II, shall be carried out in accordance with that Part by the Airworthiness Investigative Authority, designated by the Minister under section 12.

Marginal note:Delegation by Minister

• 4.3 (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction.

• Marginal note:Exception

  (1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so.

• Marginal note:Ministerial orders

  (2) The Governor in Council may by regulation authorize the Minister to make orders with respect to any matter in respect of which regulations of the Governor in Council under this Part may be made.

• Marginal note:Deputy may be authorized to make orders

  (3) The Minister may authorize his deputy to make orders with respect to the matters referred to in paragraph 4.9(l).

Marginal note:Authorization by authorized person

4.31 Any person whom the Minister of National Defence has authorized to exercise or perform powers, duties or functions relating to airworthiness may, in accordance with the authorization, authorize another person under their authority to exercise or perform any of those powers, duties or functions.

Marginal note:Ministerial order

• 4.32 (1) The Minister may make an order prohibiting the development or expansion of a given aerodrome or any change to the operation of a given aerodrome, if, in the Minister’s opinion, the proposed development, expansion or change is likely to adversely affect aviation safety or is not in the public interest.

• Marginal note:Exemption

  (2) An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act.

Charges

Marginal note:Regulations imposing charges

• 4.4 (1) The Governor in Council may make regulations imposing, with respect to aircraft in flight in Canada, charges for the availability during flights of any facility or service provided by or on behalf of the Minister.

• Marginal note:Idem

  (2) The Governor in Council may make regulations, or may, by order, subject to and in accordance with such terms and conditions as may be specified in the order, authorize the Minister to make regulations, imposing charges

  • (a) for the use of

    • (i) any facility or service provided by or on behalf of the Minister for or in respect of any aircraft, whether or not, where the facility or service is provided during flight, the flight originates or terminates in Canada or any portion of the flight is over Canada,

    • (ii) any other facility or service provided by or on behalf of the Minister at any aerodrome, or

    • (iii) any aerodrome operated by or on behalf of Her Majesty in right of Canada;

  • (a.1) in respect of any security measure that is carried out by the Minister; or

  • (b) in respect of the issue, renewal, amendment or endorsement of any document issued or to be issued under this Part or any action preparatory thereto, whether or not the document is issued, renewed, amended or endorsed.

• Marginal note:Regulations respecting charges

  (3) Any regulation made under subsection (1) or (2) may prescribe the amount of charges imposed thereunder and the rate of interest payable in respect of those charges or the manner of calculating those charges or the rate of interest and may prescribe the time from which the interest is payable.

• Marginal note:Debt due to Her Majesty

  (4) All charges imposed under this section and interest payable thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

• Marginal note:Joint and several or solidary liability

  (5) If a charge is imposed in respect of an aircraft under this section, both the registered owner and the operator of the aircraft are jointly and severally, or solidarily, liable for payment of the charge.

• Marginal note:Security for payment of charges

  (6) The Governor in Council may make regulations requiring registered owners and operators of aircraft who have failed to pay on time any charges imposed under this section to deposit each year with the Minister security in the form of a bond or letter of credit and in an amount satisfactory to the Minister to ensure full payment of the charges to be imposed in the next following year in respect of the aircraft.

• Marginal note:Interest on charges

  (7) Every charge imposed by regulations made under this section bears interest in accordance with the regulations.

Marginal note:Agreement — cost recovery

• 4.401 (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under subsection 4.4(1) or (2) could impose a charge.

• Marginal note:Regulations — exemption

  (2) If both an agreement entered into under subsection (1) and a regulation made under subsection 4.4(1) or (2) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

• Marginal note:Recovery

  (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

• Marginal note:Debt due to Her Majesty

  (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

• Marginal note:Spending

  (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

Marginal note:Civil air navigation services

• 4.41 (1) An order or regulation must not be made under this Part that has the effect of imposing charges for civil air navigation services, and an agreement must not be entered into under subsection 4.401(1) that has the effect of requiring payment for those services.

• Marginal note:Minister of National Defence

  (2) An order or regulation must not be made under this Part that has the effect of imposing charges for air navigation services provided by or on behalf of the Minister of National Defence, and an agreement must not be entered into under subsection 4.401(1) that has the effect of requiring payment for those services, if

  • (a) the charges or payments are for services referred to in subsection 10(1) of the Civil Air Navigation Services Commercialization Act; or

  • (b) the charges or payments are for services that are similar to services that the ANS Corporation provides and charges for in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

Marginal note:Seizure and detention for charges

• 4.5 (1) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft.

• Marginal note:Idem

  (2) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid and the Minister has reason to believe that the person is about to leave Canada or take from Canada any aircraft owned or operated by the person, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on ex parte application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft.

• Marginal note:Release on payment

  (3) Subject to subsection (4), except where otherwise directed by an order of a court, the Minister is not required to release from detention an aircraft seized under subsection (1) or (2) unless the amount in respect of which the seizure was made is paid.

• Marginal note:Release on security

  (4) The Minister shall release from detention an aircraft seized under subsection (1) or (2) if a bond or other security in a form satisfactory to the Minister for the amount in respect of which the aircraft was seized is deposited with the Minister.

Marginal note:Exempt aircraft

• 4.6 (1) Any aircraft of a person referred to in subsection 4.5(1) or (2) that would be exempt from seizure under a writ of execution issued out of the superior court of the province in which the aircraft is situated, is exempt from seizure and detention under that subsection.

• Marginal note:Idem

  (2) The Governor in Council may by regulation exempt any aircraft from seizure and detention under section 4.5.

Aviation Security

Interpretation

Marginal note:Definitions

4.7 The following definitions apply in sections 4.71 to 4.85.

goods

goods means anything that may be taken or placed on board an aircraft, or that may be brought into an aerodrome or other aviation facility, including personal belongings, baggage, cargo and conveyances. (bien)

screening

screening means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders. (contrôle)

Aviation Security Regulations

Marginal note:Aviation security regulations

• 4.71 (1) The Governor in Council may make regulations respecting aviation security.

• Marginal note:Contents of regulations

  (2) Without limiting the generality of subsection (1), regulations may be made under that subsection

  • (a) respecting the safety of the public, passengers, crew members, aircraft and aerodromes and other aviation facilities;

  • (b) respecting restricted areas in aircraft or at aerodromes or other aviation facilities, including regulations respecting their identification, access to them and their administration or management;

  • (c) respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility;

  • (d) respecting the screening of goods that are intended to be taken or placed on board an aircraft or brought into an aerodrome or other aviation facility, or that are inside an aircraft or an aerodrome or other aviation facility, including regulations authorizing the use of force to gain access to goods being screened;

  • (e) respecting the seizure or detention of goods in the course of screenings, including regulations respecting the destruction of seized or detained goods;

  • (f) respecting the prevention of unlawful interference with civil aviation and the action that is to be taken if that interference occurs or is likely to occur;

  • (g) requiring any person or any class of persons to have a security clearance as a condition to conducting any activity specified in the regulations or to being

    • (i) the holder of a Canadian aviation document,

    • (ii) a crew member, or

    • (iii) the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations;

  • (h) respecting the making of applications for security clearances and the information to be provided by applicants;

  • (i) specifying Canadian aviation documents for the purpose of paragraph 3(3)(c);

  • (j) establishing security requirements for the design or construction of aircraft and aerodromes and other aviation facilities;

  • (k) requiring security management systems to be established by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems;

  • (l) establishing security requirements for equipment, systems and processes used in aircraft and aerodromes and other aviation facilities;

  • (m) respecting the qualifications, training and standards of performance of classes of persons having responsibilities for security requirements;

  • (n) respecting the testing of the effectiveness of equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; and

  • (o) respecting the provision to the Minister of aviation security related information specified in the regulations.

Security Measures

Marginal note:Minister may make security measures

• 4.72 (1) The Minister may make measures respecting aviation security.

• Marginal note:Restriction

  (2) The Minister may only make a security measure in relation to a particular matter if

  • (a) an aviation security regulation could be made in relation to that matter; and

  • (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.

• Marginal note:Suspension of s. 4.79(1) and repeal of security measure

  (3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must

  • (a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and

  • (b) repeal the security measure before the earlier of

    • (i) the day that is one year after the notice is published, and

    • (ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure.

• Marginal note:Effect of notice

  (4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published.

• Marginal note:Consultation

  (5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.

• Marginal note:Exception

  (6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.

• Marginal note:Minister may carry out security measure

  (7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.

Marginal note:Deputy may make measures

• 4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.

• Marginal note:Restriction

  (2) The Minister’s deputy may only make a security measure in relation to a particular matter if

  • (a) an aviation security regulation could be made in relation to that matter; and

  • (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.

• Marginal note:Minister may carry out security measure

  (3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so.

• Marginal note:Duration

  (4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days.

Marginal note:Relationship with regulations

• 4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.

• Marginal note:Conflict

  (2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.

Foreign Aircraft Requirements

Marginal note:Foreign aircraft requirements

4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister.

Emergency Directions

Marginal note:Emergency directions

4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting

• (a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them;

• (b) the diversion of aircraft to alternate landing sites; and

• (c) the movement of aircraft or persons at aerodromes or other aviation facilities.

Marginal note:Authorized officer may make emergency direction

4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.

Marginal note:Duration

4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.

Marginal note:Relationship with regulations and security measures

• 4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.

• Marginal note:Conflict

  (2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.

Unauthorized Disclosure

Marginal note:Unauthorized disclosure — security measures

• 4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.

• Marginal note:Court to inform Minister

  (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.

• Marginal note:Order

  (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure.

Security Clearances

Marginal note:Granting, suspending, etc.

4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.

Provision of Information

Marginal note:Definition

• 4.81 (0.1) The following definition applies in this section and in section 4.82.

  transportation security

  transportation security means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,

  • (a) loss of life or personal injury;

  • (b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or

  • (c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure. (sûreté des transports)

• Marginal note:Requirement to provide information

  (1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule

  • (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or

  • (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer.

• Marginal note:Restriction on disclosure — Department of Transport

  (2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security.

• Marginal note:Restriction on disclosure — other persons

  (3) Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to

  • (a) the Minister of Citizenship and Immigration;

  • (b) the Minister of Public Safety and Emergency Preparedness;

  • (c) the chief executive officer of the Canadian Air Transport Security Authority; and

  • (d) a person designated under subsection 4.82(2) or (3).

• Marginal note:Restriction on further disclosures

  (4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed

  • (a) in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration;

  • (b) in the case of information disclosed to the Minister of Public Safety and Emergency Preparedness, only to persons in the Canada Border Services Agency;

  • (c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and

  • (d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5).

• Marginal note:Deeming

  (5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5).

• Marginal note:Destruction of information

  (6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection.

• Marginal note:Destruction of information

  (7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection.

• Marginal note:Destruction of information

  (8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3).

• Marginal note:Application

  (9) Subsections (6) to (8) apply despite any other Act of Parliament.

• Marginal note:Amendment of schedule

  (10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.

Marginal note:Definitions

• 4.82 (1) The following definitions apply in this section.

  Commissioner

  Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire)

  Director

  Director means the Director of the Canadian Security Intelligence Service. (directeur)

  warrant

  warrant means

  • (a) a warrant issued in Canada in respect of the arrest of a person for the commission of an offence that may be punishable under any Act of Parliament by imprisonment for a term of five years or more and that is specified by regulations made under subsection (20);

  • (b) a warrant issued under subsection 55(1) or 82(1) of the Immigration and Refugee Protection Act; or

  • (c) a warrant or other document issued outside Canada relating to the arrest of a person who can be extradited from Canada under subsection 3(1) of the Extradition Act. (mandat)

• Marginal note:Designation of persons

  (2) The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police.

• Marginal note:Designation of persons

  (3) The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section.

• Marginal note:Requirement to provide information

  (4) The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule

  • (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or

  • (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.

• Marginal note:Requirement to provide information

  (5) The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule

  • (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or

  • (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement.

• Marginal note:Disclosure to other designated persons

  (6) Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3).

• Marginal note:Restriction on disclosure of information to other persons

  (7) A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information.

• Marginal note:Disclosure to Minister and air carriers, etc.

  (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.

• Marginal note:Disclosure to Aircraft Protective Officer

  (9) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security.

• Marginal note:Urgent disclosure

  (10) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) if he or she has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person and that the person to whom the disclosure is to be made is in a position to take measures to respond to the threat and needs the information to respond. In making the disclosure the designated person may disclose information only to the extent that he or she believes the information is necessary to respond to the threat.

• (11) [Repealed before coming into force, 2008, c. 20, s. 3]

• Marginal note:Disclosure to employee of the Canadian Security Intelligence Service

  (12) A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a “threat to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act.

• Marginal note:Recording of reasons

  (13) A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed.

• Marginal note:Destruction of information

  (14) Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained.

• Marginal note:Review of information

  (15) At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. The Commissioner and the Director must each keep a record of their review.

• Marginal note:Exception

  (16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13).

• Marginal note:Application

  (17) Subsections (14) and (15) apply despite any other Act of Parliament.

• Marginal note:Right to provide information preserved

  (18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful.

• Marginal note:Right to collect information under other Acts preserved

  (19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful.

• Marginal note:Regulations

  (20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section.

Marginal note:Foreign states requiring information

• 4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is due to land in a foreign state or fly over the United States and land outside Canada or of a Canadian aircraft departing from any place outside Canada that is due to land in a foreign state or fly over the United States may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in the operator’s control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.

• Marginal note:Notice

  (1.1) The operator of an aircraft that is due to fly over, but not land in, the United States must notify all persons who are on board or expected to be on board the aircraft that information relating to them may be provided to a competent authority in the United States in accordance with subsection (1).

• Marginal note:Restriction — government institutions

  (2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations

  • (a) respecting the type or classes of information that may be provided; or

  • (b) specifying the foreign states to which information may be provided.

• Marginal note:Review and report

  (4) The Committee of the House of Commons responsible for transport matters must,

  • (a) within two years after the day on which this subsection comes into force and every five years thereafter, commence a comprehensive review of the provisions and operation of this section, and complete the review within one year; and

  • (b) within three months after the day on which the review is completed, submit a report to the House of Commons setting out its findings.

Screenings

Marginal note:Designation of persons to conduct

4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify.

Marginal note:Prohibition — persons and goods

• 4.85 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order, as the case may be, of

  • (a) his or her person; or

  • (b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome.

• Marginal note:Prohibition — conveyances

  (2) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.

• Marginal note:Prohibition relating to air carriers

  (3) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.

• Marginal note:Prohibition relating to persons who accept goods for transportation

  (4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order, as the case may be.

Air Carrier and Aerodrome Assessments

Marginal note:Assessment

4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers.

Verifying Compliance and Testing Effectiveness

Marginal note:No offence

4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure, an emergency direction or an interim order.

General Regulatory Powers

Marginal note:Regulations respecting aeronautics

4.9 The Governor in Council may make regulations respecting aeronautics and, without restricting the generality of the foregoing, may make regulations respecting

• (a) the accreditation or licensing of

  • (i) flight crew members, air traffic controllers, operators of equipment used to provide services relating to aeronautics and other persons providing services relating to aeronautics, and

  • (ii) persons engaged in the design, manufacture, distribution, maintenance, approval, certification or installation of aeronautical products and the installation, maintenance, approval and certification of equipment used to provide services relating to aeronautics;

• (b) the design, manufacture, distribution, maintenance, approval, installation, inspection, registration, licensing, identification and certification of aeronautical products;

• (c) the design, installation, inspection, maintenance, approval and certification of equipment and facilities used to provide services relating to aeronautics;

• (d) the approval of flight training equipment;

• (e) activities at aerodromes and the location, inspection, certification, registration, licensing and operation of aerodromes;

• (f) noise emanating from aerodromes and aircraft;

• (g) the certification of air carriers;

• (h) the conditions under which aircraft may be used or operated or under which any act may be performed in or from aircraft;

• (i) the conditions under which persons or personal belongings, baggage, goods or cargo of any kind may be transported by aircraft;

• (j) the areas within which aircraft coming from outside Canada are to land and the conditions to which such aircraft are subject;

• (k) the classification and use of airspace and the control and use of aerial routes;

• (k.1) the prohibition of the development or expansion of aerodromes or any change to the operation of aerodromes;

• (k.2) the consultations that must be carried out by the proponent of an aerodrome before its development or by the operator of an aerodrome before its expansion or any change to its operation;

• (l) the prohibition of the use of airspace or aerodromes;

• (m) the prohibition of the doing of any other act or thing in respect of which regulations under this Part may be made;

• (n) the enforcement of such laws as may be deemed necessary for the safe and proper operation of aircraft;

• (o) the use and operation of any objects that in the opinion of the Minister are likely to be hazardous to aviation safety;

• (p) the preservation, protection and removal of aircraft involved in accidents, personal belongings, baggage, goods, cargo of any kind thereon, and of any records pertaining to the aircraft or its flight, the preservation, protection, removal and testing of any part of such aircraft and the protection of sites of aircraft accidents;

• (q) the investigation of any accident involving an aircraft, any alleged contravention under this Part or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons;

• (r) the taking of statements by investigators for the purpose of an investigation referred to in paragraph (q);

• (s) the keeping and preservation of records and documents relating to aerodromes, to activities, with respect to aeronautics, of persons who hold Canadian aviation documents and to aeronautical products and equipment and facilities used to provide services relating to aeronautics;

• (t) the handling, marking, storage and delivery of fuel and any lubricants or chemicals used during or in connection with the operation of aircraft;

• (u) the provision of facilities, services and equipment relating to aeronautics;

• (v) the provision of aviation weather services by persons other than Her Majesty in right of Canada; and

• (w) the application of the Convention on International Civil Aviation signed at Chicago, 7 December 1944, as amended from time to time.

Marginal note:Regulations

• 4.91 (1) The Governor in Council may make regulations authorizing the Minister to make orders directing the ANS Corporation to maintain or increase the level of civil air navigation services it provides in accordance with such terms and conditions as may be specified in the orders.

• Marginal note:Order must relate to safety

  (2) The Minister may make an order under subsection (1) only if the Minister is of the opinion that the order is necessary for aviation safety or the safety of the public.

• Marginal note:No compensation

  (3) The ANS Corporation is not entitled to financial compensation for any financial losses that result or may result from the Minister making an order under subsection (1).

• Marginal note:Exemption

  (4) An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act.

Marginal note:Hours of work limitation and insurance

5 The Governor in Council may make regulations

• (a) limiting the hours of work of crew members of any aircraft operated by air carriers and of crew members of any aircraft used for carrying passengers;

• (b) requiring owners and operators of aircraft to subscribe for and carry liability insurance and specifying the minimum amount of that insurance if the owners and operators are not required by regulations made by the Canadian Transportation Agency to subscribe for and carry liability insurance; and

• (c) requiring persons providing aeronautical radio navigation services, within the meaning of subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to subscribe for and carry liability insurance and specifying the minimum amount of that insurance.

Marginal note:Restrictions and prohibitions for safety or security purposes

5.1 The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public.

Marginal note:Relationship to Radiocommunication Act

5.2 Regulations made under this Part respecting

• (a) aeronautical products or equipment or facilities used to provide services relating to aeronautics,

• (b) persons who operate or are engaged in the design, installation, inspection, maintenance, approval and certification of aeronautical products, equipment or facilities, or

• (c) the provision of information services in relation to the operation of aircraft or conditions of flight

are in addition to and not in derogation of the provisions of the Radiocommunication Act and regulations made under that Act and, where there is any conflict between any regulation made under this Part and any regulation made under the Radiocommunication Act, the regulation made under the Radiocommunication Act prevails.

Marginal note:Relationship to Explosives Act

5.3 Regulations made under this Part respecting the use and operation of rockets are in addition to and not in derogation of the provisions of the Explosives Act and regulations made thereunder and, where there is any conflict between any regulation respecting rockets made under this Part and any regulation made under the Explosives Act, the regulation made under the Explosives Act prevails.

Airport Zoning

Marginal note:Definitions

• 5.4 (1) In this section and sections 5.5 to 5.81,

  airport site

  airport site means any land, not being a part of an existing airport,

  • (a) the title to which is vested in or that otherwise belongs to Her Majesty in right of Canada, or

  • (b) in respect of which a notice of intention to expropriate under section 5 of the Expropriation Act has been registered

  and that is declared by order of the Governor in Council to be required for use as an airport; (zone aéroportuaire)

  federal airport

  federal airport includes a military aerodrome; (aéroport fédéral)

  lands

  lands include water (and the frozen surface thereof) and any other supporting surface; (biens-fonds)

  object

  object includes an object of natural growth; (éléments)

  owner

  owner, in respect of land or a building, structure or object, includes any person other than a lessee, who has a right, title or interest in the land, building, structure or object that is a recognized right, title or interest therein under the law of the province in which it is situated; (propriétaire)

  provincial authority

  provincial authority means an authority in a province responsible for the regulation of land use; (autorité provinciale)

  zoning regulation

  zoning regulation means any regulation made pursuant to subsection (2). (règlements de zonage)

• Marginal note:Zoning regulation

  (2) The Governor in Council may make regulations for the purposes of

  • (a) preventing lands adjacent to or in the vicinity of a federal airport or an airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of an airport;

  • (b) preventing lands adjacent to or in the vicinity of an airport or airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of an airport or aircraft; and

  • (c) preventing lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would, in the opinion of the Minister, cause interference with signals or communications to and from aircraft or to and from those facilities.

• Marginal note:Conditions precedent

  (3) The Governor in Council shall not make a zoning regulation under paragraph (2)(a) unless

  • (a) the Minister, after making a reasonable attempt to do so, has been unable to reach an agreement with the government of the province in which the lands to which the zoning regulation applies are situated providing for the use or development of the lands in a manner that is compatible with the operation of an airport; or

  • (b) in the opinion of the Minister, it is necessary to immediately prevent the use or development of the lands to which the zoning regulation applies in a manner that is incompatible with the operation of an airport.

• Marginal note:Non-conforming uses, etc.

  (4) No zoning regulation shall apply to or in respect of a use of land, buildings, structures or objects or a building, structure or object that, on the day on which the zoning regulation comes into force, exists as a use, building, structure or object that does not conform to the zoning regulation.

• Marginal note:Deeming existence of certain things

  (5) For the purposes of subsection (4), where on the day on which a zoning regulation comes into force, all approvals for construction required by law have been obtained permitting a building, structure or object that, if constructed, would not conform to the zoning regulation, the building, structure or object shall be deemed to exist on the day on which the zoning regulation comes into force.

Marginal note:Publication of notice of proposed regulation

• 5.5 (1) The Minister shall cause a notice of every zoning regulation that is proposed to be made to be published in two successive issues of at least one newspaper, if any, serving the area to which the proposed zoning regulation relates and in two successive issues of the Canada Gazette, and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto.

• Marginal note:Exception

  (2) No notice of a proposed zoning regulation is required to be published under subsection (1) if

  • (a) it has previously been published pursuant to this section, whether or not the proposed zoning regulation is altered as a result of representations referred to in subsection (1); or

  • (b) the proposed zoning regulation would, in the opinion of the Minister, make no material substantive change in an existing zoning regulation.

Marginal note:Publication of zoning regulations

• 5.6 (1) In addition to the publication required by the Statutory Instruments Act, a copy of every zoning regulation shall, forthwith after it is made, be published in two successive issues of at least one newspaper, if any, serving the area to which the zoning regulation relates.

• Marginal note:Deposit of regulation, plan and description

  (2) A zoning regulation shall come into force in respect of the lands to which it applies when a copy thereof, together with a plan and description of the lands, signed by the Minister and by a land surveyor duly licensed in and for the province in which the lands are situated, has been deposited on record in the office of the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded in each county, district or registration division in which any part of the lands are situated.

• Marginal note:Amendments

  (3) Where a zoning regulation deposited pursuant to subsection (2) is amended, the amending regulation shall come into force when a copy thereof, signed in the manner provided in that subsection, is deposited in the same office or offices where the zoning regulation thereby amended was deposited, but a further plan and description need not be so deposited unless lands additional to those affected by the zoning regulation thereby amended are affected by the amending regulation.

• Marginal note:Duty of the registrar

  (4) For the purposes of subsections (2) and (3), the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded shall receive and permanently retain in his office such zoning regulations and plans and descriptions as are deposited pursuant to those subsections and shall endorse thereon the day, hour and minute of their deposit.

• Marginal note:Abandonment

  (5) Where a notice of intention to expropriate for any of the purposes described in subsection 5.4(2) has been registered in accordance with the Expropriation Act and that intention is abandoned or is deemed to have been abandoned under that Act, any zoning regulation with respect to the lands affected by the abandonment shall thereupon cease to have effect.

Marginal note:Notice of entry to enforce compliance

• 5.7 (1) The Minister may by notice in writing to an owner or lessee who

  • (a) is making use of lands or a building, structure or object, or

  • (b) has a building, structure or object on any lands,

  in contravention of a zoning regulation, advise the owner or lessee that, unless, prior to such date as the Minister shall specify in the notice, being not earlier than thirty days after the date the notice is served or last published pursuant to subsection (2), the contravening use is permanently discontinued or the building, structure or object is removed or altered to the extent described by the Minister in the notice, as the case may require, the Minister intends to enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use or to remove or alter the building, structure or object.

• Marginal note:Notice to contain statement

  (2) A notice under subsection (1) shall

  • (a) contain a statement of the provisions of subsection (3); and

  • (b) be served on the owner or lessee to whom it is addressed personally or by registered or certified mail or, where the Minister is, after reasonable attempts, unable to ascertain the address or whereabouts of the owner or lessee, be

    • (i) posted on the land, building, structure or object to which the notice relates, and

    • (ii) published in two successive issues of at least one newspaper, if any, serving the area in which the land, building, structure or object is situated and in two successive issues of the Canada Gazette.

• Marginal note:Objection

  (3) An owner or lessee who objects to the intended entry or steps to be taken referred to in subsection (1) may, within thirty days after the date of service of the notice on the owner or lessee under subsection (2) or within thirty days after the date of the last publication of the notice under subsection (2), as the case may be, serve on the Minister, by registered or certified mail or by leaving at the Minister’s office, an objection in writing indicating the nature of the objection and the grounds on which the objection is based.

• Marginal note:Representations on objections

  (4) Where the Minister has received an objection under subsection (3), the Minister shall, within a reasonable time thereafter, provide the owner or lessee who made the objection with a full opportunity before the Minister to be heard concerning the nature and grounds of the objection.

• Marginal note:Notice of intentions after objections

  (5) The Minister shall, forthwith after providing a full opportunity to be heard to an owner or lessee in relation to an objection, in writing served personally or by registered or certified mail, notify the owner or lessee whether the Minister intends to give effect to the objection and, where the Minister does not intend to do so, the notice shall state the Minister’s reasons therefor.

• Marginal note:Entry

  (6) Where

  • (a) a notice to an owner or lessee under subsection (1) has been served or has been posted and published in accordance with subsection (2),

  • (b) a notice of objection by the owner or lessee has not been served on the Minister in accordance with subsection (3) or, the notice having been served and a full opportunity afforded to the owner or lessee to be heard in relation thereto, the Minister has notified the owner or lessee pursuant to subsection (5) that the Minister does not intend to give effect to the objection, and

  • (c) the owner or lessee continues to make use of lands or any building, structure or object thereon in contravention of the zoning regulation in respect of which the notice was issued or continues to have a building, structure or object on lands in contravention of the zoning regulation, as the case may be,

  the Minister may, subject to subsection 8.7(4), enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use or to remove or alter the building, structure or object, as the case may require.

• Marginal note:Notices not statutory instruments

  (7) A notice under this section shall be deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:No right to compensation, etc.

5.8 No person is entitled to any compensation or costs for any loss, damage, removal or alteration resulting from the application of a zoning regulation to any lands, building, structure or object.

Marginal note:Agreements with a provincial authority

• 5.81 (1) The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate, in the same manner and to the same extent as it may regulate the use of lands within its jurisdiction, the use of lands adjacent to or in the vicinity of an airport or airport site that are not the subject of regulations made pursuant to subsection 5.4(2), for the purpose of ensuring that that use is not incompatible with the safe operation of an airport or aircraft.

• Marginal note:Saving

  (2) Subsections 5.4(3) to (5) and sections 5.5 to 5.7 shall not apply in respect of lands that are the subject of an agreement made under subsection (1), during the period in which the agreement remains in effect.

• Marginal note:Contravention

  (3) Every person who contravenes a regulation or other measure established by a provincial authority pursuant to an agreement referred to in subsection (1) is guilty of an offence punishable on summary conviction.

General Provisions Respecting Regulations, Orders, etc.

Marginal note:Exemption by Governor in Council

• 5.9 (1) The Governor in Council may make regulations exempting, on any terms and conditions that may be specified in the regulations, any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation or order made under this Part.

• Marginal note:Exemption by Minister

  (2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security.

• Marginal note:Incorporation by reference

  (3) A regulation, an order, a security measure or an emergency direction made under this Part that incorporates by reference a classification, standard, procedure or other specification may incorporate it as it is amended from time to time and in such a case the reference shall be read accordingly.

• Marginal note:Prohibition in regulations or orders

  (4) A regulation, an order, a security measure or an emergency direction made under this Part prohibiting the doing of any act or thing may prohibit the doing of that act or thing either at all times and places or only at specified times, places and occasions, and may do so either absolutely or subject to any specified exceptions or conditions.

Marginal note:Exemption by Minister of National Defence

• 6 (1) With respect to any matter relating to defence, the Minister of National Defence or an officer of the Department of National Defence or of the Canadian Forces who is authorized by the Minister may, on any terms that the Minister or officer, as the case may be, considers necessary, exempt by order any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security.

• Marginal note:Exemption from Statutory Instruments Act

  (2) An order made under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

Marginal note:Notice of unpublished regulations

6.1 Where a regulation, within the meaning of the Statutory Instruments Act, respecting the operation of aircraft is alleged to have been contravened at a time before it is published as required by that Act, a certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the regulation was issued before that time is, in the absence of evidence to the contrary, proof for the purposes of paragraph 11(2)(b) of that Act that reasonable steps were taken to bring the purport of the regulation to the notice of those persons likely to be affected by it.

Marginal note:Exemption from Statutory Instruments Act

• 6.2 (1) The following are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act:

  • (a) a regulation made under paragraph 4.9(l), or a notice issued under section 5.1, that prohibits or restricts the use of any airspace or aerodrome;

  • (b) a security measure;

  • (c) an emergency direction;

  • (d) an exemption made under subsection 5.9(2); and

  • (e) an interim order made under section 6.41.

• Marginal note:Precondition for contravention

  (2) No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the time of the alleged contravention, the person had been notified of the regulation, security measure, emergency direction or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.

• Marginal note:Certificate

  (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the regulation, notice referred to in paragraph (1)(a), security measure, emergency direction or interim order was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.

Marginal note:Certificate

6.21 A certificate purporting to be signed by the Minister of National Defence or the Chief of the Defence Staff and stating that a notice containing the regulation or notice referred to in paragraph 6.2(1)(a) was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.

6.3 [Repealed, 2014, c. 29, s. 15]

6.4 [Repealed, 2014, c. 29, s. 16]

Interim Orders

Marginal note:Interim orders

• 6.41 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part

  • (a) to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

  • (b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or

  • (c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident.

• Marginal note:Authorized deputy may make interim order

  (1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, his or her deputy to make, for any reason referred to in any of paragraphs (1)(a) to (c), an interim order that contains any provision that may be contained in a regulation made under this Part.

• Marginal note:Consultation

  (1.2) Before making an interim order, the Minister or deputy, as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances.

• Marginal note:Coming into effect

  (2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

• Marginal note:Recommendation by Minister

  (3) Where the Governor in Council approves an interim order, the Minister shall, as soon as possible after the approval, recommend to the Governor in Council that a regulation having the same effect as the interim order be made under this Part, and the interim order ceases to have effect

  • (a) where such a regulation is made, on the day on which the regulation comes into force; and

  • (b) where no such regulation is made, one year after the day on which the interim order is made.

• Marginal note:Publication in Canada Gazette

  (4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made.

• Marginal note:Tabling of interim order

  (5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.

Medical and Optometric Information

Marginal note:Minister to be provided with information

• 6.5 (1) Where a physician or an optometrist believes on reasonable grounds that a patient is a flight crew member, an air traffic controller or other holder of a Canadian aviation document that imposes standards of medical or optometric fitness, the physician or optometrist shall, if in his opinion the patient has a medical or optometric condition that is likely to constitute a hazard to aviation safety, inform a medical adviser designated by the Minister forthwith of that opinion and the reasons therefor.

• Marginal note:Patient to advise

  (2) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall, prior to any medical or optometric examination of his person by a physician or optometrist, advise the physician or optometrist that he is the holder of such a document.

• Marginal note:Use by Minister

  (3) The Minister may make such use of any information provided pursuant to subsection (1) as the Minister considers necessary in the interests of aviation safety.

• Marginal note:No proceedings shall lie

  (4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by him in good faith in compliance with this section.

• Marginal note:Information privileged

  (5) Notwithstanding subsection (3), information provided pursuant to subsection (1) is privileged and no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings and the information so provided shall not be used in any such proceedings.

• Marginal note:Deemed consent

  (6) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall be deemed, for the purposes of this section, to have consented to the giving of information to a medical adviser designated by the Minister under subsection (1) in the circumstances referred to in that subsection.

Measures Relating to Canadian Aviation Documents

Definition of Canadian aviation document

6.6 In sections 6.7 to 7.21, Canadian aviation document includes any privilege accorded by a Canadian aviation document.

Marginal note:Non-application of certain provisions

6.7 Sections 6.71 to 7.21 do not apply to any military personnel of Canada or a foreign state acting in the course of their duties in relation to a Canadian aviation document issued in respect of a military aeronautical product, a military aerodrome, military equipment, a military facility relating to aeronautics or a service relating to aeronautics provided by means of such an aeronautical product or such equipment or at such an aerodrome or facility.

Marginal note:Minister may refuse to issue or amend Canadian aviation document

• 6.71 (1) The Minister may refuse to issue or amend a Canadian aviation document on the grounds that

  • (a) the applicant is incompetent;

  • (b) the applicant or any aircraft, aerodrome, airport or other facility in respect of which the application is made does not meet the qualifications or fulfil the conditions necessary for the issuance or amendment of the document; or

  • (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the applicant or of any principal of the applicant, as defined in regulations made under paragraph (3)(a), warrant the refusal.

• Marginal note:Notice

  (2) The Minister shall, by personal service or by registered or certified mail sent to their latest known address, notify the applicant or the owner or operator of the aircraft, aerodrome, airport or other facility, as the case may be, of a decision made under subsection (1). The notice shall be in a form prescribed by regulation of the Governor in Council and, in addition to any other information that may be prescribed, shall indicate, as the case requires,

  • (a) the nature of the incompetence of the applicant;

  • (b) the qualifications or conditions referred to in paragraph (1)(b) that are not met or fulfilled, as the case may be;

  • (c) the reasons for the Minister’s opinion referred to in paragraph (1)(c); and

  • (d) except in the case of a document or class of documents prescribed under paragraph (3)(b), the address at which, and the date, being thirty days after the notice is served or sent, on or before which the applicant, owner or operator may file a request for a review of the Minister’s decision.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations

  • (a) defining the word principal; and

  • (b) prescribing Canadian aviation documents, or classes of such documents, in respect of which a review of the Minister’s decision to refuse to issue or amend a document may not be requested.

Marginal note:Request for review

• 6.72 (1) Subject to any regulations made under paragraph 6.71(3)(b), an applicant, owner or operator who is served with or sent a notice under subsection 6.71(2) and who wishes to have the Minister’s decision reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review of the decision with the Tribunal at the address set out in the notice.

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (4) The member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration.

  • 2001, c. 29, s. 34

Marginal note:Suspensions, etc., generally

6.8 In addition to any ground referred to in any of sections 6.71, 6.9 to 7.1 and 7.21, the Minister may suspend, cancel or refuse to issue, amend or renew a Canadian aviation document in the circumstances and on the grounds prescribed by regulation of the Governor in Council.

Marginal note:Suspension, etc., if contravention

• 6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document on the grounds that its holder or the owner or operator of any aircraft, airport or other facility in respect of which it was issued has contravened any provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part, the Minister shall by personal service or by registered or certified mail sent to the holder, owner or operator, as the case may be, at that person’s latest known address notify the holder, owner or operator of that decision and of the effective date of the suspension or cancellation, but no suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent.

• Marginal note:Contents of notice

  (2) The notice must be in the form that the Governor in Council may by regulation prescribe and must, in addition to any other information that may be so prescribed,

  • (a) indicate the provision of this Part or of the regulation, notice, order, security measure or emergency direction made under this Part that the Minister believes has been contravened; and

  • (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event that the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension, etc.

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension or cancellation of the Canadian aviation document to which the decision relates, but where a request for a review has been filed with the Tribunal a member of the Tribunal assigned for the purpose may, subject to subsection (5), on application in writing by the holder of the document or the owner or operator affected by the decision, as the case may be, on such notice to the Minister as the member deems necessary, and after considering such representations by the holder, owner or operator and the Minister as they wish to make in that behalf, direct that the suspension or cancellation of the document be stayed until the review of the decision of the Minister has been concluded.

• Marginal note:Exception re stay direction

  (5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety or security.

• Marginal note:Appointment of review time

  (6) On receipt of a request filed in accordance with subsection (3), the Tribunal shall appoint a time and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (7) At the time and place appointed under subsection (6) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension or cancellation under review.

• Marginal note:Holder, etc., not compelled to testify

  (7.1) In a review under this section, a holder, owner or operator referred to in subsection (1) is not required, and shall not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination of Tribunal member

  (8) On a review under this section of a decision of the Minister to suspend or cancel a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or substituting his or her own determination.

Marginal note:Suspension where immediate threat to aviation safety or security

• 7 (1) If the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety or security exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the document or that is proposed to be done under the authority of the document, the Minister shall without delay, by personal service or by registered or certified mail sent to the holder of the document or to the owner or operator of any aircraft, airport or other facility in respect of which the document was issued, as the case may be, at that person’s latest known address, notify the holder, owner or operator of the Minister’s decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed,

  • (a) indicate the immediate threat to aviation safety or security that the Minister believes exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the Canadian aviation document concerned, or that is proposed to be done under the authority of the Canadian aviation document concerned, and the nature of that act or thing; and

  • (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Effective date of Minister’s decision

  (2.1) The Minister’s decision takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served or to whom it is sent, unless the notice indicates that the decision is to take effect on a later date.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on him or sent to him under that subsection, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension to which the decision relates.

• Marginal note:Appointment of review time

  (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension under review.

• Marginal note:Determination

  (7) The member of the Tribunal conducting the review may make the following determination:

  • (a) if the decision of the Minister relates to a person’s designation under section 4.84, the member may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration; or

  • (b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister’s decision or by substituting his or her own determination.

• Marginal note:Effect of decision pending reconsideration

  (7.1) If a decision of the Minister under subsection (1) is referred back to the Minister for reconsideration under paragraph (7)(a), the decision of the Minister remains in effect until the reconsideration is concluded.

• Marginal note:Request for reconsideration of immediate threat

  (8) If no appeal from a determination under subsection (7) confirming the Minister’s decision is taken under section 7.2 within the time limited for doing so under that section or an appeal panel has, on an appeal under that section, confirmed the Minister’s decision under this section, or if the Minister, after reconsidering the matter under paragraph (7)(a) or 7.2(3)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.

• Marginal note:Reconsideration

  (9) On receipt of a request under subsection (8), the Minister shall forthwith reconsider the matter and give a notice of his decision to the holder, owner or operator who made the request, and the provisions of this section and section 7.2 providing for a review of a decision of the Minister and an appeal from a determination on a review apply, with such modifications as the circumstances require, to and in respect of a decision of the Minister under this subsection.

Marginal note:Suspension, etc., on other grounds

• 7.1 (1) If the Minister decides to suspend, cancel or refuse to renew a Canadian aviation document on the grounds that

  • (a) the holder of the document is incompetent,

  • (b) the holder or any aircraft, airport or other facility in respect of which the document was issued ceases to meet the qualifications necessary for the issuance of the document or to fulfil the conditions subject to which the document was issued, or

  • (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the holder of the document or of any principal of the holder, as defined in regulations made under paragraph 6.71(3)( a), warrant it,

  the Minister shall, by personal service or by registered or certified mail sent to the holder or the owner or operator of the aircraft, airport or facility, as the case may be, at their latest known address, notify that person of the Minister’s decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed,

  • (a) indicate, as the case requires,

    • (i) [Repealed, 2001, c. 29, s. 37]

    • (ii) the nature of the incompetence of the holder of the Canadian aviation document that the Minister believes exists, the qualifications necessary for the issuance of the document that the Minister believes the holder of the document or the aircraft, airport or facility in respect of which the document was issued ceases to have or the conditions subject to which the document was issued that the Minister believes are no longer being met or complied with, or

    • (iii) the elements of the public interest on which the decision of the Minister is based; and

  • (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Effective date of Minister’s decision

  (2.1) The Minister’s decision to suspend or cancel a Canadian aviation document takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served or to whom it is sent, unless the notice indicates that the decision is to take effect on a later date.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension, etc.

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension, cancellation or refusal to renew to which the decision relates.

• Marginal note:Appointment of review time

  (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension, cancellation or refusal to renew under review.

• Marginal note:Determination of Tribunal member

  (7) On a review under this section of a decision of the Minister to suspend, cancel or refuse to renew a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration.

• Marginal note:Effect of decision pending reconsideration

  (8) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under subsection (7), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to aviation safety.

• (9) [Repealed, 2001, c. 29, s. 37]

Marginal note:Right of appeal

• 7.2 (1) Within thirty days after the determination,

  • (a) a person affected by the determination may appeal a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7) to the Tribunal; or

  • (b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may

  • (a) in the case of a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

  • (b) in the case of a determination made under subsection 6.9(8) or paragraph 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

• Marginal note:Effect of decision pending reconsideration

  (4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security.

Marginal note:Default in payment

• 7.21 (1) The Minister may suspend, or refuse to issue, amend or renew, a Canadian aviation document if a certificate under section 7.92, paragraph 8(b) or subsection 8.1(4) has been issued to the Minister in respect of the applicant for, or the holder of, the document or in respect of the owner or operator of an aircraft, aerodrome, airport or other facility to which the document relates.

• Marginal note:Notice

  (2) The Minister shall, by personal service or by registered or certified mail sent to the applicant, holder, owner or operator, as the case may be, at their latest known address, notify that person of a decision made under subsection (1) and, in the case of a suspension, of the effective date of the suspension, which shall not be earlier than thirty days after the notice is served or sent.

Prohibitions, Offences and Punishment

Marginal note:Prohibitions

• 7.3 (1) No person shall

  • (a) knowingly make any false representation for the purpose of obtaining a Canadian aviation document or any privilege accorded thereby;

  • (b) wilfully destroy any document required under this Part to be kept;

  • (c) make or cause to be made any false entry in a record required under this Part to be kept with intent to mislead or wilfully omit to make any entry in any such record;

  • (d) wilfully obstruct any person who is performing duties under this Part;

  • (e) except as authorized under this Part, wilfully operate or otherwise deal with an aircraft that has been detained under this Part;

  • (f) wilfully do any act or thing in respect of which a Canadian aviation document is required except under and in accordance with the required document; or

  • (g) wilfully do any act or thing in respect of which a Canadian aviation document is required where

    • (i) the document that has been issued in respect of that act or thing is suspended, or

    • (ii) an order referred to in subsection 7.5(1) prohibits the person from doing that act or thing.

• Marginal note:Contravention of subsection (1)

  (2) Every person who contravenes subsection (1) is guilty of

  • (a) an indictable offence; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Contravention of Part, regulation, etc.

  (3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction.

• Marginal note:Contravention of subsection 4.81(1)

  (3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.

• Marginal note:Punishment, individuals

  (4) An individual who is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding five thousand dollars and, in the case of an offence referred to in subsection (1), to imprisonment for a term not exceeding one year or to both fine and imprisonment.

• Marginal note:Punishment, corporations

  (5) A corporation that is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding twenty-five thousand dollars.

• Marginal note:Punishment — ANS Corporation

  (5.1) Notwithstanding subsection (5), where the ANS Corporation is convicted of contravening an order made under subsection 4.91(1), the ANS Corporation is liable to a fine not exceeding $25,000 for each day or part of a day the offence continues.

• Marginal note:Punishment, subsequent offences

  (6) Where a person is convicted of a second or subsequent offence under this Part, the fine shall not be less than two hundred and fifty dollars.

• Marginal note:Imprisonment precluded in certain cases

  (7) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment unless the offence is an offence referred to in subsection (1).

• Marginal note:Idem

  (7.1) Where a person is proceeded against under section 8.4 and is convicted of an offence under this Part, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment in relation to the offence.

• Marginal note:Recovery of fines

  (8) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction shall be registered in the court and when registered has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

• Marginal note:Recovery of costs and charges

  (9) All reasonable costs and charges attendant on the registration of the conviction are recoverable in like manner as if they had been registered as part of the conviction.

Marginal note:Continuing offence

7.31 Where an offence under this Part is committed or continued on more than one flight or segment of a flight, it shall be deemed to be a separate offence for each flight or segment of a flight on which the offence is committed or continued.

Marginal note:Court may order forfeiture

• 7.4 (1) Where a person is convicted on indictment of an offence referred to in paragraph 7.3(1)(f) or (g) in relation to the operation of a commercial air service, the court may, in addition to any other punishment it may impose, order that any aircraft used in the commercial air service be forfeited and, on the making of such an order, the aircraft is forfeited to Her Majesty in right of Canada.

• Marginal note:Application by person claiming interest

  (2) Where any aircraft is forfeited under subsection (1), any person, in this section referred to as the “applicant”, other than a person convicted of the offence that resulted in the forfeiture, who claims an interest in the aircraft may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the aircraft is situated for an order under subsection (5).

• Marginal note:Date of hearing

  (3) A judge to whom an application is made under subsection (2) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

• Marginal note:Notice

  (4) An applicant shall serve a notice of the application and of the day fixed for the hearing of the application on the Minister at least fifteen days before the day so fixed.

• Marginal note:Order by judge

  (5) Where, on the hearing of an application, the judge is satisfied that the applicant

  • (a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted thereof, and

  • (b) exercised reasonable care to satisfy himself or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, notice, order, security measure or emergency direction made under this Part,

  the applicant is entitled to an order by the judge declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of that interest.

• Marginal note:Appeal

  (6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court.

• Marginal note:Application to Minister

  (7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5),

  • (a) direct that the aircraft to which the interest of the applicant relates be returned to the applicant; or

  • (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

• Marginal note:Disposal of forfeited aircraft

  (8) Where no application is made under this section for an order in relation to an interest in a forfeited aircraft or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the aircraft shall be disposed of in such manner as the Minister may direct.

Marginal note:Prohibition — unruly or dangerous behaviour

• 7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally

  • (a) interfering with the performance of the duties of any crew member;

  • (b) lessening the ability of any crew member to perform that crew member’s duties; or

  • (c) interfering with any person who is following the instructions of a crew member.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable

  • (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; and

  • (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both.

• Marginal note:Deeming — “in flight”

  (3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation.

• Marginal note:Application

  (4) This section applies despite subsections 7.3(4) and (7).

Marginal note:Prohibition by court

• 7.5 (1) Where a person is convicted of an offence under this Part, the court may, in addition to any other punishment it may impose, make an order

  • (a) where the person is the holder of a Canadian aviation document or is the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document was issued, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for such period or at such times and places as may be specified in the order; or

  • (b) prohibiting the person from operating an aircraft or providing services essential to the operation of an aircraft for such period or at such times and places as may be specified in the order.

• (2) to (4) [Repealed, 1992, c. 4, s. 18]

Procedure Pertaining to Certain Contraventions

Marginal note:Designation of provisions

• 7.6 (1) The Governor in Council may, by regulation,

  • (a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, or any provision of the Secure Air Travel Act or of any regulation or direction made under that Act, in this section and in sections 7.7 to 8.2 referred to as a “designated provision”, as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2;

  • (a.1) if subsection 4.81(1) or 4.82(4) or (5) is a designated provision, prescribe the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed $50,000; and

  • (b) prescribe, in respect of any other designated provision, the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed

    • (i) $5,000, in the case of an individual, and

    • (ii) $25,000, in the case of a corporation.

• Marginal note:Non-application of summary conviction procedure

  (2) A person who contravenes a designated provision is guilty of an offence and liable to the punishment imposed in accordance with sections 7.7 to 8.2 and no proceedings against the person shall be taken by way of summary conviction.

Marginal note:Notice of assessment of monetary penalty

• 7.7 (1) If the Minister believes on reasonable grounds that a person has contravened a designated provision, the Minister may decide to assess a monetary penalty in respect of the alleged contravention, in which case the Minister shall, by personal service or by registered or certified mail sent to the person at their latest known address, notify the person of his or her decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in a form prescribed by regulation of the Governor in Council and shall, in addition to any other information that may be prescribed, indicate

  • (a) the designated provision that the Minister believes has been contravened;

  • (b) subject to any regulations made under paragraph 7.6(1)(b), the amount that is determined by the Minister, in accordance with any guidelines that the Minister may make for the purpose, to be the amount that must be paid to the Minister as the penalty in the event that the person does not wish to appear before a member of the Tribunal assigned to conduct a review to make representations in respect of the alleged contravention; and

  • (c) the address at which, and the date, being thirty days after the notice is served or sent, on or before which, the penalty must be paid or a request for a review must be filed.

Marginal note:Option

7.8 A person who has been served with or sent a notice under subsection 7.7(1) must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.

Marginal note:Payment of specified amount precludes further proceedings

7.9 If a person who is served with or sent a notice under subsection 7.7(1) pays the amount specified in the notice in accordance with the requirements set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention by that person of the designated provision and no further proceedings under this Part shall be taken against the person in respect of that contravention.

Marginal note:Request for review of determination

• 7.91 (1) A person who is served with or sent a notice under subsection 7.7(1) and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice.

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Burden of proof

  (4) The burden of establishing that a person has contravened a designated provision is on the Minister.

• Marginal note:Person not compelled to testify

  (5) A person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter.

Marginal note:Certificate

7.92 If a person fails to pay the amount of the penalty specified in a notice under subsection 7.7(1) within the time specified in the notice and does not file a request for a review under subsection 7.91(1), the person is deemed to have committed the contravention alleged in the notice, and the Minister may obtain from the Tribunal a certificate in a form prescribed by the Governor in Council that indicates the amount of the penalty specified in the notice.

Marginal note:Determination by Tribunal member

8 If, at the conclusion of a review under section 7.91, the member of the Tribunal who conducts the review determines that

• (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention; or

• (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within such time as the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in such form as the Governor in Council may by regulation prescribe, setting out the amount required to be paid by the person.

Marginal note:Right of appeal

• 8.1 (1) A person affected by the determination or the Minister may, within thirty days after the determination, appeal a determination made under section 8 to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.

• Marginal note:Certificate

  (4) Where the appeal panel finds on an appeal that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the panel to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in a form prescribed by regulation of the Governor in Council, setting out the amount required to be paid by the person.

Marginal note:Registration of certificate

• 8.2 (1) If the time limit for the payment of an amount determined by the Minister in a notice under subsection 7.7(1) has expired, the time limit for the request for a review under subsection 7.91(1) has expired, the time limit for an appeal under subsection 8.1(1) has expired, or an appeal taken under section 8.1 has been disposed of, on production in any superior court, a certificate issued under section 7.92, paragraph 8(b) or subsection 8.1(4) shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

• Marginal note:Recovery of costs and charges

  (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).

• Marginal note:Amounts received deemed public moneys

  (3) An amount received by the Minister or the Tribunal under this section shall be deemed to be public money within the meaning of the Financial Administration Act.

Marginal note:Records

• 8.3 (1) Any notation of a suspension by the Minister of a Canadian aviation document under this Act or of a penalty imposed in accordance with sections 7.6 to 8.2 shall, on application by the person affected by the suspension or penalty, be removed from the record respecting that person kept by the Minister after the expiration of two years from the date the suspension expires or the penalty amount has been paid unless

  • (a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security; or

  • (b) a suspension or penalty under this Act has been recorded by the Minister in respect of that person after that date.

• Marginal note:Notice of decision

  (2) The Minister shall, as soon as practicable after the receipt of an application under subsection (1), by personal service or by registered or certified mail, notify the applicant of the decision of the Minister in relation thereto.

• Marginal note:Application of certain provisions

  (3) Subsections 7.1(3) to (8) and section 7.2 apply, with any modifications that the circumstances require, in respect of a decision of the Minister referred to in subsection (2).

• Marginal note:Repeat of applications limited

  (4) No application under subsection (1) shall be considered by the Minister within two years from the date of a previous application under that subsection in respect of the same applicant.

Enforcement

Marginal note:Owner of aircraft may be found liable

• 8.4 (1) The registered owner of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the offence, the aircraft was in the possession of a person other than the owner without the owner’s consent and, where found to have committed the offence, the owner is liable to the penalty provided as punishment therefor.

• Marginal note:Operator of aircraft may be found liable

  (2) The operator of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the offence, the aircraft was in the possession of a person other than the operator without the operator’s consent and, where found to have committed the offence, the operator is liable to the penalty provided as punishment therefor.

• Marginal note:Pilot-in-command may be found liable

  (3) The pilot-in-command of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless the offence was committed without the consent of the pilot-in-command and, where found to have committed the offence, the pilot-in-command is liable to the penalty provided as punishment therefor.

• Marginal note:Operator of aerodrome, etc., may be found liable

  (4) The operator of an aerodrome or other aviation facility may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aerodrome or facility for which another person is subject to be proceeded against unless the offence was committed without the consent of the operator of the aerodrome or facility and, where found to have committed the offence, the operator of the aerodrome or facility is liable to the penalty provided as punishment therefor.

Marginal note:Defence

8.5 No person shall be found to have contravened a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part if the person exercised all due diligence to prevent the contravention.

Marginal note:Admissibility of evidence

8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Part, and sections 320.31 to 320.34 of the Criminal Code apply to those proceedings with any modifications that the circumstances require.

Marginal note:Powers to enter, seize and detain

• 8.7 (1) Subject to subsection (4), the Minister may

  • (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the Canadian Air Transport Security Authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses or controls it;

  • (a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, copying;

  • (b) enter any place for the purposes of an investigation of matters concerning aviation safety;

  • (c) seize anything found in any place referred to in paragraph (a) or (b) that the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Part or the causes or contributing factors pertaining to an investigation referred to in paragraph (b); and

  • (d) detain any aircraft that the Minister believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner and take reasonable steps to ensure its continued detention.

• Marginal note:Matters relating to defence

  (1.01) The Minister of Transport may exercise the powers set out in subsection (1) with regard to any matter relating to defence with the authorization of the Minister of National Defence.

• Marginal note:Operation of computer systems and copying equipment

  (1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or an investigation under paragraph (1)(b), the Minister may

  • (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

  • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

• Marginal note:Search warrants

  (2) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Part.

• Marginal note:Regulations respecting things seized or detained

  (3) The Governor in Council may make regulations respecting

  • (a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c) or aircraft that has been detained under paragraph (1)(d); and

  • (b) the return of the evidence or aircraft to the owner thereof or the person from whom the evidence was seized or who had custody of the aircraft when it was detained.

• Marginal note:Warrant required to enter dwelling-house

  (4) Where any place referred to in subsection 5.7(6) or subsection (1) of this section is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (5).

• Marginal note:Authority to issue warrant

  (5) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act, and

  • (b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the Minister to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (6) In executing a warrant under subsection (5), the Minister shall not use force unless he is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Marginal note:Duty to assist Minister

8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall

• (a) give the Minister all reasonable assistance to enable the Minister to carry out the inspection or audit and exercise any power conferred on the Minister by that subsection; and

• (b) provide the Minister with any information relevant to the administration of this Act or the regulations, notices, orders, security measures or emergency directions made under this Part that the Minister may reasonably require.

General

Marginal note:Regulations establishing compensation payable for death or injury

• 9 (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the federal public administration or employed under the direction of any department in the federal public administration that results directly from a flight undertaken by that person in the course of duty in the federal public administration.

• Marginal note:Idem

  (2) Regulations made under subsection (1) shall not extend to the payment of compensation for any death or injury in respect of which provision for the payment of other compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept the compensation instead of the other compensation, gratuity or pension under that other Act.

PART IIMilitary Investigations Involving Civilians

Interpretation

Marginal note:Definitions

• 10 (1) The following definitions apply in this Part.

  Authority

  Authority means the Airworthiness Investigative Authority designated under subsection 12(1). (directeur)

  civilian

  civilian means a person who is not subject to the Code of Service Discipline set out in Part III of the National Defence Act. (civil)

  department

  department means

  • (a) any department of the Government of Canada, including the minister responsible for it and any person acting on behalf of that minister;

  • (b) any body listed in the schedule to the Canadian Transportation Accident Investigation and Safety Board Act; and

  • (c) any fact-finding authority, body or person established or appointed by such a department, minister, person or body. (ministère)

  military-civilian occurrence

  military-civilian occurrence means

  • (a) any accident or incident involving

    • (i) an aircraft operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force, or an installation operated by or on behalf of any of the above that is designed or used for the manufacture of an aircraft or other aeronautical product, or that is being used for the operation or maintenance of an aircraft or other aeronautical product, and

    • (ii) a civilian; or

  • (b) any situation or condition that the Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a). (accident militaro-civil)

  visiting force

  visiting force has the same meaning as in section 2 of the Visiting Forces Act. (force étrangère présente au Canada)

• Marginal note:Application

  (2) This section and sections 11 to 24.7 apply in respect of military-civilian occurrences

  • (a) in or over Canada;

  • (b) in or over any place that is under Canadian air traffic control; and

  • (c) in or over any other place in any of the following cases:

    • (i) Canada is requested to investigate the occurrence by an appropriate authority,

    • (ii) the civilians involved are employed in that place by the Department of National Defence or by the Canadian Forces, or

    • (iii) the civilians involved are in Canada.

Authorization by Minister

Marginal note:Power

11 The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister specifies, any of the powers, duties or functions of the Minister under this Part.

Airworthiness Investigative Authority

Marginal note:Airworthiness Investigative Authority

• 12 (1) The Minister shall designate from among the members of the Canadian Forces or the employees of the Department of National Defence an individual to be the Airworthiness Investigative Authority, who is to be responsible for advancing aviation safety by

  • (a) investigating military-civilian occurrences, in order to find their causes and contributing factors;

  • (b) identifying safety deficiencies as evidenced by military-civilian occurrences;

  • (c) making recommendations designed to eliminate or reduce any of those safety deficiencies; and

  • (d) providing reports to the Minister on the investigations and the findings in relation to them.

• Marginal note:Restriction

  (2) In making findings in an investigation of a military-civilian occurrence, it is not the Authority’s function to assign fault or determine civil or criminal liability, but the Authority shall not refrain from making a full report merely because fault or liability might be inferred from the Authority’s findings.

• Marginal note:Restriction

  (3) No finding of the Authority may be construed as assigning fault or determining civil or criminal liability.

• Marginal note:Findings not binding

  (4) The Authority’s findings are not binding on the parties to any legal, disciplinary or other proceedings.

Investigations of Military-Civilian Occurrences

Investigations

Marginal note:Investigators

• 13 (1) The Authority may act as an investigator under this Part with respect to a military-civilian occurrence, and may designate as an investigator to investigate such an occurrence in accordance with this Part on the Authority’s behalf any person, or member of a class of persons, that the Authority considers qualified.

• Marginal note:Certificate

  (2) The Authority shall give a designated investigator a certificate of designation specifying the terms of their designation.

• Marginal note:Report

  (3) A designated investigator shall report to the Authority with respect to the investigation of a military-civilian occurrence.

Marginal note:Definitions

• 14 (1) The following definitions apply in this section.

  information

  information includes a record regardless of its form and a copy of a record. (renseignement)

  place

  place includes an aircraft, any premises and any building or other structure erected on those premises. (lieu)

• Marginal note:Powers of investigators

  (2) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the investigator may, subject to subsection (3), enter and search that place for such a thing, and seize any such thing that is found in the course of that search, including an aircraft or part of one.

• Marginal note:Conditions for exercise of powers

  (3) An investigator shall not exercise the powers referred to in subsection (2) in relation to a particular place without the consent of the person apparently in charge of that place unless

  • (a) those powers are exercised under the authority of a warrant; or

  • (b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant.

• Marginal note:Warrant

  (4) If a justice of the peace is satisfied by information on oath that an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the justice may, on ex parte application, sign and issue a warrant authorizing the investigator to enter and search that place for such a thing and to seize any such thing that is found in the course of that search.

• Marginal note:Warrants may be obtained by telephone, etc.

  (5) The procedure set out in section 487.1 of the Criminal Code applies in relation to the obtaining of warrants under this section, subject to regulations made under paragraph 24.5(1)(g).

• Marginal note:Power to test things seized, etc.

  (6) If any thing is seized by an investigator under subsection (2), the investigator

  • (a) may, subject to paragraph (b), cause to be conducted on the thing any tests, including tests to destruction, that are necessary for the purposes of the investigation;

  • (b) shall, to the extent that it is practical and safe to do so without unreasonably impeding the progress of the investigation,

    • (i) take all reasonable measures to invite the owner of the thing, and any person who appears on reasonable grounds to be entitled to it, to be present at such tests, and

    • (ii) allow them to be present at those tests; and

  • (c) subject to the need to conduct such tests, shall cause the thing to be preserved pending its return under section 15.

• Marginal note:Power to prohibit or limit access

  (7) An investigator may, in the course of an investigation of a military-civilian occurrence, and for the purposes of preserving and protecting any thing involved or likely to have been involved, whether or not the thing has been seized under this section, prohibit or limit access to the area immediately surrounding the place at which the thing is located for any period that is necessary for the purposes of the investigation.

• Marginal note:Disruption to be minimized

  (8) In exercising the power conferred by subsection (7), an investigator shall have regard to the desirability of minimizing any resulting disruption to transportation services.

• Marginal note:Prohibition

  (9) No person shall knowingly enter an area in contravention of a prohibition or limitation of access under subsection (7).

• Marginal note:Additional powers of investigators

  (10) An investigator may do any of the following, on notice in writing to the person concerned, if their belief is based on reasonable grounds:

  • (a) if the investigator believes that a person has information relevant to an investigation,

    • (i) require the person to produce the information to the investigator or to attend before the investigator and give a statement referred to in section 24.1, under oath or solemn affirmation if required by the investigator, and

    • (ii) make any copies of and take any extracts from the information that the investigator considers necessary for the purposes of the investigation;

  • (b) require a person who is directly or indirectly involved in the operation of an aircraft to submit to a medical examination, if the investigator believes that the examination is or might be relevant to the investigation;

  • (c) require a physician or health practitioner to provide information concerning a patient to the investigator, if the investigator believes that the information is or might be relevant to the investigation; or

  • (d) require the person who has custody of the body of a deceased person or other human remains to permit the performance of an autopsy on the body or other medical examination on the remains, and cause it to be performed, if the investigator believes that the autopsy or other medical examination is or might be relevant to the investigation.

• Marginal note:Offence — paragraph (10)(a), (c) or (d)

  (11) No person shall refuse or fail to produce information to an investigator, or to attend before an investigator and give a statement, in accordance with a requirement imposed under paragraph (10)(a), to provide information in accordance with a requirement imposed under paragraph (10)(c) or to make the body of a deceased person or other human remains available for the performance of an autopsy or other medical examination in accordance with a requirement imposed under paragraph (10)(d).

• Marginal note:Offence — paragraph (10)(b)

  (12) No person shall refuse or fail to submit to a medical examination in accordance with a requirement imposed under paragraph (10)(b), but information obtained as a result of such an examination is privileged and, subject to the Authority’s power to make any use of it that the Authority considers necessary in the interests of aviation safety, no person shall knowingly communicate it or permit it to be communicated to any person.

• Marginal note:Legal proceedings

  (13) No person is to be required to produce information referred to in subsection (12) or to give evidence relating to it in any legal, disciplinary or other proceedings.

• Marginal note:Certificate to be produced

  (14) Before acting under this section, an investigator shall, on request, produce their certificate of designation to any person in relation to whom the investigator acts.

• Marginal note:Meaning of medical examination

  (15) The requirement under paragraph (10)(b) that a person submit to a medical examination does not require the person to submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance.

• Marginal note:Use of force

  (16) In executing a warrant under this section, an investigator shall not use force unless the investigator is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Failure to produce document, etc.

  (17) If an investigator has required a person to do something under subsection (10) and the person has refused or failed to do as required, the investigator may make an application to the Federal Court or a superior court of a province setting out the facts, and the court may inquire into the matter and, after giving the person an opportunity to comply with the requirement, take steps for their punishment as if they had been guilty of contempt of the court, or may make any other order that it considers appropriate.

Marginal note:Return of seized property

• 15 (1) Anything seized under section 14 — except on-board recordings as defined in subsection 22(1) — shall, as soon as possible after it has served the purpose for which it was seized, be returned to the owner or the person who appears on reasonable grounds to be entitled to it, or to the person from whom it was seized, unless

  • (a) the owner or the person who appears on reasonable grounds to be entitled to it consents otherwise in writing; or

  • (b) a court of competent jurisdiction orders otherwise.

• Marginal note:Application for return

  (2) A person from whom anything was seized under section 14 — except on-board recordings as defined in subsection 22(1) — or the owner or any other person who appears on reasonable grounds to be entitled to it may apply to a court of competent jurisdiction for an order that the seized thing be returned to them.

• Marginal note:Order for return

  (3) If, on an application under subsection (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it might subsequently be required by the Authority under this Act.

• Marginal note:Exception

  (4) This section does not apply in respect of anything seized and tested to destruction in accordance with subsection 14(6).

Miscellaneous Provisions

Marginal note:Notification of Authority

• 16 (1) If a department is notified of a military-civilian occurrence, the department shall

  • (a) immediately provide the Authority with particulars of the occurrence; and

  • (b) as soon as feasible after complying with paragraph (a), advise the Authority of any investigation that it plans to conduct and of any remedial measures that it plans to take.

• Marginal note:Investigator as observer

  (2) An investigator authorized by the Authority may attend as an observer at an investigation conducted by the department or during the taking of remedial measures by the department following a military-civilian occurrence.

• Marginal note:Authority may review and comment

  (3) Subject to any other Act or law, the Authority shall, on request, be provided with, and may review and comment on, any interim or final report prepared in respect of an investigation conducted by the department.

Marginal note:Notification by Authority

• 17 (1) If the Authority is notified of a military-civilian occurrence, the Authority shall

  • (a) immediately provide particulars of the occurrence to any minister responsible for a department that has a direct interest in the occurrence; and

  • (b) as soon as feasible after complying with paragraph (a), advise the ministers referred to in paragraph (a) of any investigation that the Authority plans to conduct and of its scope.

• Marginal note:Observers

  (2) Subject to any conditions that the Authority imposes, a person may attend as an observer at an investigation of a military-civilian occurrence conducted by the Authority if the person

  • (a) is designated as an observer by the minister responsible for a department that has a direct interest in the subject matter of the investigation;

  • (b) has observer status or is an accredited representative or an adviser to an accredited representative, under an international agreement or convention relating to transportation to which Canada is a party; or

  • (c) is invited by the Authority to attend as an observer because, in the Authority’s opinion, the person has a direct interest in the subject matter of the investigation and is likely to contribute to achieving its object.

• Marginal note:Observer may be removed

  (3) The Authority may remove an observer from an investigation if the observer contravenes a condition imposed by the Authority or if, in the Authority’s opinion, the observer’s participation is likely to create a situation of conflict of interest that will impede the conduct of the investigation.

Marginal note:Report to the Minister

• 18 (1) On completion of an investigation, the Authority shall provide a report to the Minister on the Authority’s findings, including any safety deficiencies that the Authority has identified and any recommendations relating to aviation safety that the Authority considers appropriate.

• Marginal note:Representations on draft report

  (2) Before providing the report to the Minister, the Authority shall, on a confidential basis, send a copy of the draft report on the investigation’s findings and any safety deficiencies identified to each minister responsible for a department that has a direct interest in the findings, as well as to any other person who, in the Authority’s opinion, has a direct interest in the findings, and shall give that minister or other person a reasonable opportunity to make representations to the Authority with respect to the draft report before the final report is prepared.

• Marginal note:Confidentiality of draft report

  (3) No person shall communicate or use the draft report, or permit its communication or use, for any purpose — other than the taking of remedial measures — that is not strictly necessary to the study of the draft report or to the making of representations with respect to it.

• Marginal note:Manner of dealing with representations

  (4) The Authority shall

  • (a) receive representations made under subsection (2) in any manner the Authority considers appropriate;

  • (b) keep a record of those representations;

  • (c) consider those representations before providing the final report to the Minister; and

  • (d) notify in writing each of the persons who made those representations, indicating how the Authority has disposed of the representations made by that person.

• Marginal note:Protection of representations

  (5) A representation is privileged, except for one made by a minister responsible for a department that has a direct interest in the findings of the investigation. Subject to any other provisions of this Part or to a written authorization from the author of a representation, no person, including any person to whom access is provided under this section, shall knowingly communicate it or permit it to be communicated to any person.

• Marginal note:Use by Authority

  (6) The Authority may use representations as the Authority considers necessary in the interests of aviation safety.

• Marginal note:Making representations available to coroner

  (7) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Authority, the Authority shall make them available to the coroner.

• Marginal note:Prohibition of use

  (8) Except for use by a coroner for the purpose of an investigation, no person is to use representations in any legal, disciplinary or other proceedings.

• Marginal note:Notification of findings and recommendations

  (9) The Authority shall

  • (a) during an investigation of a military-civilian occurrence, immediately notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of any of his or her findings and recommendations, whether interim or final, that, in the Authority’s opinion, require urgent action; and

  • (b) on completion of the investigation, notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of his or her findings as to the causes and contributing factors of the military-civilian occurrence, any safety deficiencies he or she has identified and any recommendations resulting from his or her findings.

• Marginal note:Minister to reply to Authority

  (10) A minister, other than the Minister of National Defence, who is notified under subsection (9) of any findings and recommendations on matters relating to defence shall, within 90 days after the day on which they were notified,

  • (a) advise the Minister and the Authority in writing of any action taken or proposed to be taken in response to those findings and recommendations; or

  • (b) provide written reasons to the Minister and the Authority if no action will be taken or if the action to be taken differs from the action that was recommended.

• Marginal note:Extension of time

  (11) If the Authority is satisfied that a minister is unable to reply within the period referred to in subsection (10), the period may be extended as the Authority considers necessary.

Marginal note:Interim report

• 19 (1) The Authority shall, on a confidential basis, provide an interim report on the progress and findings of an investigation

  • (a) to any minister responsible for a department that has a direct interest in the subject matter of the investigation, on written request made in respect of that investigation; and

  • (b) to any coroner investigating the military-civilian occurrence, if it involved a death and significant progress has been made in the investigation.

• Marginal note:Limited purpose only

  (2) A person, other than a minister, who is provided with an interim report under subsection (1) shall not use the report, or permit its use, for any purpose not strictly necessary to its examination.

Marginal note:Power to reconsider

• 20 (1) The Authority may, at any time, reconsider any findings and recommendations made on the basis of an investigation of a military-civilian occurrence under this Part.

• Marginal note:Duty to reconsider

  (2) The Authority shall reconsider the findings and recommendations made on the basis of an investigation under this Part if, in his or her opinion, new material facts appear.

Marginal note:Power to authorize

• 21 (1) Subject to subsection (2), the Authority may authorize any person, subject to any limitations specified in the authorization, to exercise or perform any of the powers, duties or functions conferred or imposed on the Authority under this Part, other than the power of authorization under this subsection.

• Marginal note:Revocation

  (2) The authorization may be revoked by the Authority in writing.

Privilege

Definition of on-board recording

• 22 (1) In this section and in section 23, on-board recording means the whole or any part of either a recording of voice communications originating from an aircraft, or received on or in the flight deck of an aircraft, or a video recording of the activities of the operating personnel of an aircraft, that is made, using recording equipment that is intended not to be controlled by the operating personnel, on the flight deck of the aircraft, and includes a transcript or substantial summary of such a recording.

• Marginal note:Privilege for on-board recordings

  (2) Every on-board recording in respect of an aircraft is privileged whether or not that aircraft has been involved in a military-civilian occurrence and, except as provided by this section and section 23, no person, including any person to whom access is provided under those sections, shall knowingly communicate an on-board recording or permit one to be communicated to any person.

• Marginal note:Legal proceedings

  (3) Except as provided by this section and section 23, no person is to be required to produce an on-board recording or to give evidence relating to one in any legal, disciplinary or other proceedings.

• Marginal note:Use authorized by Authority

  (4) The Authority may, subject to any restrictions or conditions that he or she specifies, authorize any person or class of persons to make use of any on-board recording in the interests of aviation safety.

• Marginal note:Access by investigator

  (5) Any on-board recording that relates to a military-civilian occurrence being investigated under this Part shall be released to an investigator who requests it for the purposes of the investigation.

• Marginal note:Use by Authority

  (6) The Authority may make any use that he or she considers necessary in the interests of aviation safety of any on-board recording obtained by an investigator under this Part but, subject to subsections (7) and 23(1), (4) and (6), shall not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the causes or contributing factors of the military-civilian occurrence under investigation or to the identification of safety deficiencies.

• Marginal note:Access by coroners and other investigators

  (7) The Authority shall make available any on-board recording obtained in the course of an investigation of a military-civilian occurrence

  • (a) to a coroner who requests access to it for the purpose of an investigation that the coroner is conducting; or

  • (b) to any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act.

• Marginal note:Power of court or coroner

  (8) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of an on-board recording is made, the court or coroner shall

  • (a) cause notice of the request to be given to the Authority, if the Authority is not a party to the proceedings;

  • (b) examine the on-board recording in camera and give the Authority a reasonable opportunity to make representations with respect to it; and

  • (c) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it.

• Marginal note:Restriction

  (9) An on-board recording is not to be used against any of the following persons in disciplinary proceedings, in proceedings relating to their capacity or competence to perform their functions, or in legal or other proceedings: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters.

• Definition of court

  (10) For the purposes of subsection (8), court includes any person appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act.

Marginal note:On-board recording — board of inquiry

• 23 (1) The Authority shall make available to a board of inquiry convened under section 45 of the National Defence Act any on-board recording in respect of an aircraft, whether or not that aircraft has been involved in a military-civilian occurrence, if

  • (a) the president of that board makes a written request, together with reasons, for access to the on-board recording; and

  • (b) after considering the reasons, the Authority determines that

    • (i) the aircraft was operated by or on behalf of the Canadian Forces when the on-board recording was made, and

    • (ii) the public interest in the proper administration of the Canadian Forces outweighs in importance the privilege attached to the on-board recording by virtue of section 22.

• Marginal note:Notice of refusal

  (2) If the Authority refuses the request, he or she shall give written notice of the refusal to the president and reasons for it.

• Marginal note:Request to Minister

  (3) On receipt of the notice of refusal, the president may make a written request to the Minister for access to the on-board recording. If the president makes such a request, he or she shall include the written reasons originally submitted to the Authority, along with the Authority’s reasons for refusal, and may include additional written representations, a copy of which is to be provided to the Authority.

• Marginal note:Determination by Authority — additional representations

  (4) The Authority shall, on receipt of any additional representations, consider them and,

  • (a) if he or she determines that the representations raise a new issue and makes the determinations listed in paragraph (1)(b), he or she shall so notify the Minister and make available the on-board recording to the board of inquiry; or

  • (b) if he or she determines that the representations do not raise a new issue or determines that the representations do raise a new issue but does not make the determinations listed in paragraph (1)(b), he or she shall not make available the on-board recording to the board of inquiry, shall give written notice to the Minister of the determination and the reasons for it, and shall provide a copy to the president.

• Marginal note:Consideration by Minister

  (5) On receipt of a request under subsection (3) without any additional written representations, the Minister shall consider the reasons included with the president’s request. If a request under subsection (3) includes additional written representations, the Minister shall, on receipt of notice of the Authority’s refusal under paragraph (4)(b) to make available the on-board recording to the board of inquiry, consider the reasons included with the president’s request together with the additional written representations and the Authority’s written reasons for the refusal in response to those representations. The Minister may, in consideration of the request, examine the on-board recording in camera.

• Marginal note:Determination by Minister

  (6) The Minister shall

  • (a) direct the Authority to make the on-board recording available to the board of inquiry, subject to any restrictions or conditions that the Minister considers appropriate, if the Minister makes the determinations listed in paragraph (1)(b); or

  • (b) so notify the president and the Authority if the Minister does not make the determinations listed in paragraph (1)(b).

• Marginal note:Decision final

  (7) The Minister’s decision is final and binding and not subject to appeal or review by any court.

• Marginal note:Exception

  (8) Despite subsection 22(9), an on-board recording that is made available to a board of inquiry under this section may be used in other proceedings relating to the capacity or competence of any person who is subject to the Code of Service Discipline set out in Part III of the National Defence Act.

Definition of communication record

• 24 (1) In this section, communication record means the whole or any part of any record, recording, copy, transcript or substantial summary of any type of communications respecting air traffic control or related matters that take place between any of the following persons: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters.

• Marginal note:Restriction

  (2) A communication record obtained in the course of an investigation of a military-civilian occurrence under this Part is not to be used against a member of the Canadian Forces or any person referred to in subsection (1) in any legal proceedings or, subject to any applicable collective agreement, in any disciplinary proceedings.

Definition of statement

• 24.1 (1) For the purposes of this section and section 14, statement means

  • (a) the whole or any part of an oral, written or recorded statement relating to a military-civilian occurrence that is given by the author of the statement to the Authority, an investigator or any person acting for the Authority;

  • (b) a transcription or substantial summary of a statement referred to in paragraph (a); or

  • (c) conduct that could reasonably be taken to be intended as such a statement.

• Marginal note:Statement privileged

  (2) A statement and the identity of the person who made it are privileged and, except as provided by this Part or as authorized in writing by the person who made the statement, no person, including any person to whom access is provided under this section, shall knowingly communicate a statement or permit it to be communicated to any person, or disclose the identity of the person who made it.

• Marginal note:Use by Authority

  (3) The Authority may use any statement as he or she considers necessary in the interests of aviation safety.

• Marginal note:Access by coroners and other investigators

  (4) The Authority shall make statements available

  • (a) to a coroner who requests access to them for the purpose of an investigation that the coroner is conducting; and

  • (b) to any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act.

• Marginal note:Power of court or coroner

  (5) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of a statement is contested on the ground that it is privileged, the court or coroner shall

  • (a) examine the statement in camera; and

  • (b) if the court or coroner concludes that, in the circumstances of the case, the public interest in the proper administration of justice outweighs in importance the privilege attached to the statement by virtue of this section, order the production and discovery of the statement, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it.

• Marginal note:Restriction

  (6) A statement is not to be used against the person who made it in any legal, disciplinary or other proceedings except in a prosecution for perjury or for giving contradictory evidence or a prosecution under section 24.6.

• Definition of court

  (7) For the purposes of subsection (5), court includes any person appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act.

Marginal note:Reporting of military-civilian occurrences

• 24.2 (1) The Governor in Council may make regulations for the establishment and administration of systems for the mandatory or voluntary reporting by civilians to the Authority of any of the following:

  • (a) military-civilian occurrences;

  • (b) any other accident or incident involving an aircraft or installation referred to in subparagraph (a)(i) of the definition military-civilian occurrence in subsection 10(1);

  • (c) any situation or condition that the Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (b); and

  • (d) any classes of the occurrences, accidents, incidents, situations or conditions referred to in any of paragraphs (a) to (c) that are specified in the regulations.

• Marginal note:Use of reports

  (2) The Authority may, subject to this section, use any report made under regulations made under subsection (1) that he or she considers necessary in the interests of aviation safety.

• Marginal note:Protection of identity

  (3) Regulations made under subsection (1) may provide for the protection of the identity of persons who make a report under those regulations.

• Marginal note:Certain information privileged

  (4) If a person’s identity is protected by provisions referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and no person shall knowingly communicate it or permit it to be communicated to any person.

• Marginal note:Legal proceedings

  (5) No person is to be required to produce information referred to in subsection (4) or to give evidence relating to the information in any legal, disciplinary or other proceedings.

• Marginal note:Restriction

  (6) A report made under a voluntary reporting system established by regulations made under subsection (1) is not to be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by provisions referred to in subsection (3).

Evidence of Authority and of Investigators

Marginal note:Appearance of investigator

24.3 Except for proceedings before and investigations by a coroner, neither the Authority nor an investigator is competent or compellable to appear as a witness in any proceedings unless the court or other person or body before whom the proceedings are conducted so orders for special cause.

Marginal note:Opinions inadmissible

24.4 An opinion of the Authority or an investigator is not admissible in evidence in any legal, disciplinary or other proceedings.

Regulations

Marginal note:Regulations

• 24.5 (1) The Governor in Council may make regulations

  • (a) prescribing the manner of exercising or performing any of the powers, duties and functions of an investigator designated under subsection 13(1);

  • (b) respecting the keeping and preservation of records, documents and other evidence relating to military-civilian occurrences;

  • (c) respecting the attendance of interested persons at tests to destruction conducted under subsection 14(6);

  • (d) respecting, for the purposes of an investigation of a military-civilian occurrence, the sites of such an occurrence and prescribing rules for their protection;

  • (e) defining the rights or privileges of persons attending investigations as observers or with observer status;

  • (f) respecting the tariff of fees and expenses to be paid to any witness attending at an investigation of a military-civilian occurrence, and the conditions under which fees or expenses may be paid to such a witness;

  • (g) respecting the forms of warrants issued under section 14 and the modifications to be made to section 487.1 of the Criminal Code in its application to section 14; and

  • (h) generally for carrying out the purposes and provisions of this Part.

• Marginal note:Publication of proposed regulations

  (2) A copy of each regulation that the Governor in Council proposes to make under subsection (1) or section 24.2 shall be published in the Canada Gazette at least 60 days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those 60 days to make representations with respect to it.

• Marginal note:Exceptions

  (3) Subsection (2) does not apply in respect of a proposed regulation that

  • (a) has previously been published under that subsection, whether or not it has been changed as a result of representations made under that subsection; or

  • (b) makes no substantive change to an existing regulation.

Offences

Marginal note:Offences

• 24.6 (1) Every person is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction, who

  • (a) contravenes subsection 14(9), (11) or (12);

  • (b) without lawful excuse, intentionally resists or otherwise obstructs an investigator in the exercise or performance of powers, duties or functions under this Part;

  • (c) knowingly gives false or misleading information in any investigation of a military-civilian occurrence under this Part; or

  • (d) makes a report under section 24.2 that they know to be false or misleading.

• Marginal note:Offence

  (2) Every person who contravenes a provision of this Part, or of the regulations made under this Part, for which no punishment is specified is guilty of an offence punishable on summary conviction.

Marginal note:Evidence

• 24.7 (1) Subject to subsections (2) and (3), the following reports and documents are admissible in evidence in any prosecution for an offence under this Part without proof of the signature or official character of the person appearing to have signed the report or certified the document, and are, in the absence of evidence to the contrary, proof of the statements contained in such a report or the contents of such a document:

  • (a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power under section 14 and stating the results of the exercise of the power; and

  • (b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator under subsection 14(10).

• Marginal note:Notice

  (2) No report or document is to be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document.

• Marginal note:Cross-examination

  (3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.

Military Investigations under Part I

Marginal note:Application of certain provisions

24.8 Section 14, subsections 18(1) to (9) and sections 22 to 24.4 apply, with any necessary modifications, in respect of an investigation of an accident or incident relating to aeronautics that the Minister of National Defence has directed the Authority to carry out other than an investigation of a military-civilian occurrence.

PART III

Staff

Marginal note:Employment of officers, clerks and employees

25 Such officers, clerks and employees as may be necessary for the proper administration of this Act may be employed in the manner authorized by law.

Prosecution

Marginal note:Limitation period

26 No proceedings under sections 7.6 to 8.2 or by way of summary conviction under this Act may be instituted after twelve months from the time when the subject-matter of the proceedings arose.

Marginal note:Proof of documents

• 27 (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister of Transport, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — as a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

  • (a) of the original document of which it purports to be a copy;

  • (b) that the original document was made, given or issued by or by the authority of or deposited with the person named therein and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated therein; and

  • (c) that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

• Marginal note:Certificate

  (2) In any action or proceeding under this Act, any certificate purporting to be signed by the Minister of Transport or the Secretary of the Department of Transport — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — is evidence of the facts stated in it, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof of the certificate, if the certificate states that a document, authorization or exemption under this Act

  • (a) has or has not been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, or

  • (b) having been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, has expired, or has been cancelled or suspended as of a date stated in the certificate, and stating, in the case of a suspension, the period of the suspension.

Marginal note:Document entries as proof

28 In any action or proceeding under this Act, an entry in any record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated therein as against the person who made the entry or was required to keep the record or, where the record was kept in respect of an aeronautical product, aerodrome or other aviation facility, against the owner or operator of the product, aerodrome or facility.

PART IV[Repealed, 2001, c. 29, s. 44]

29 [Repealed, 2001, c. 29, s. 44]

30 [Repealed, 2001, c. 29, s. 44]

31 [Repealed, 2001, c. 29, s. 44]

32 [Repealed, 2001, c. 29, s. 44]

33 [Repealed, 2001, c. 29, s. 44]

34 [Repealed, 2001, c. 29, s. 44]

35 [Repealed, 2001, c. 29, s. 44]

36 [Repealed, 2001, c. 29, s. 44]

37 [Repealed, 2001, c. 29, s. 44]