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

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.