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

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.