Civil Air Navigation Services Commercialization Act (S.C. 1996, c. 20)

Designation as Authority for Chicago Convention

Marginal note:Designation of Corporation

11 The Corporation is hereby designated as the authority in Canada responsible for providing

• (a) aeronautical information services for the purposes of Annexes 4 and 15 to the Chicago Convention; and

• (b) air traffic control services for the purposes of Annex 11 to the Chicago Convention.

Aeronautical Radio Navigation Services

Marginal note:Technical and operational standards

• 12 (1) In order to ensure that aeronautical radio navigation services are provided in accordance with technical and operational standards that are consistent and that persons who provide those services have adequate liability insurance in respect of those services, the Corporation may propose technical and operational standards, or the minimum amount of that insurance, to the Minister for inclusion in regulations made under the Aeronautics Act.

• Marginal note:Recommendation of Minister

  (2) If, after receiving a proposal under subsection (1), the Minister is satisfied that the standards, or the minimum amount of liability insurance, as the case may be,

  • (a) are adequate with respect to aviation safety and the safety of the public,

  • (b) do not impose an undue obligation on providers of aeronautical radio navigation services, and

  • (c) are reasonable, taking into account practices in other countries,

  the Minister shall, after having consulted with interested persons, recommend to the Governor in Council that the standards, or the minimum amount of liability insurance, as the case may be, be incorporated by reference, or specified as the minimum amount of liability insurance, as the case may be, in regulations made under the Aeronautics Act.

• Marginal note:Publication of standards

  (3) The Corporation shall publish all of its technical and operational standards that are incorporated by reference in regulations made under the Aeronautics Act.

Planning and Management of Airspace

Marginal note:Corporation may plan and manage airspace

13 Subject to the Governor in Council’s right under the Aeronautics Act to make regulations respecting the classification and use of airspace and the control and use of aerial routes, the Corporation has the right to plan and manage Canadian airspace and any other airspace in respect of which Canada has responsibility for the provision of air traffic control services, other than airspace under the control of a person acting under the authority of the Minister of National Defence.

Changing Services and Closing Facilities

Marginal note:Corporation may make changes

14 The Corporation may, in accordance with this Act but subject to the provisions of the Aeronautics Act and of any regulations made under that Act that relate to aviation safety or the safety of the public,

• (a) introduce or increase civil air navigation services;

• (b) terminate or reduce civil air navigation services; and

• (c) close or relocate facilities used by it in connection with civil air navigation services.

Marginal note:Notice of changes

• 15 (1) Where the Corporation proposes to do anything mentioned in section 14 and, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the proposal is likely to affect a significant group of users in a material way, the Corporation shall give notice of the proposal in accordance with this section.

• Marginal note:Contents of notice

  (2) The notice must

  • (a) set out the particulars of the proposal; and

  • (b) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice.

• Marginal note:How notice is to be given

  (3) The Corporation shall send, by mail or by electronic means, a copy of the notice to

  • (a) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the proposal, and

  • (b) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act,

  and, after having done so, the Corporation shall post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet.

Marginal note:When proposal can be implemented

16 Where a notice is required to be given under section 15 in respect of anything mentioned in section 14, the Corporation may only do that thing after 60 days have expired since the day the notice was posted in accordance with subsection 15(3).

Marginal note:Order under s. 4.91(1) of the Aeronautics Act

17 Sections 15 and 16 do not apply if the Corporation is increasing civil air navigation services in order to comply with an order made under subsection 4.91(1) of the Aeronautics Act.

Designated Northern or Remote Services

Marginal note:Notice of termination or reduction

• 18 (1) Where the Corporation proposes to terminate or reduce designated northern or remote services and, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the proposal is likely to affect a significant group of users or residents in a material way, the Corporation shall give notice of the proposal in accordance with this section.

• Marginal note:Contents of notice

  (2) The notice must

  • (a) set out the particulars of the proposal, including whether civil air navigation services are going to be introduced as a result of the termination or reduction; and

  • (b) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice.

• Marginal note:How notice is to be given

  (3) The Corporation shall

  • (a) send, by mail or by electronic means, a copy of the notice to

    • (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the termination or reduction of services, and

    • (ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and

  • (b) post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,

  and, after having done so, the Corporation shall send, by mail or by electronic means, a copy of the notice to the government of every province affected by the termination or reduction.

Marginal note:Rejection of proposal

• 19 (1) Subject to sections 20 to 22, where a notice is required to be given under section 18 in respect of a proposal to terminate or reduce designated northern or remote services, the Corporation may only implement the proposal if, within 45 days after sending the notice to the government of the provinces affected by the proposal, the Corporation is not notified in writing that the government of any province affected by the proposal, or users, have rejected it.

• Marginal note:Rejection by users

  (2) For the purposes of this section and section 20, users are deemed to have rejected a proposal if users accounting for at least one third of the revenues received by the Corporation in respect of civil air navigation services at the nearest aerodrome in the 12 months immediately before the day the notice required under section 18 was sent to the government of the provinces affected by the termination or reduction, indicate their disapproval of the proposal in writing.

Marginal note:Minister may approve proposal

• 20 (1) Where

  • (a) the government of a province affected by a proposal to terminate or reduce designated northern or remote services has rejected the proposal, or

  • (b) users have rejected the proposal,

  the Corporation may implement the proposal if the Minister approves it in writing and the Corporation complies with sections 21 and 22.

• Marginal note:No compensation

  (2) The Corporation is not entitled to financial compensation for any financial loss that results or may result from the Minister’s not approving a proposal.

Marginal note:Announcement of termination or reduction

• 21 (1) Before implementing a proposal to terminate or reduce designated northern or remote services in respect of which a notice is required to be given under section 18, the Corporation shall make an announcement in accordance with this section.

• Marginal note:Contents of announcement

  (2) The announcement must

  • (a) set out the particulars of the termination or reduction, including whether civil air navigation services are going to be introduced as a result of the termination or reduction; and

  • (b) specify when the termination or reduction will become effective.

• Marginal note:How announcement is to be made

  (3) The Corporation shall

  • (a) send, by mail or by electronic means, a copy of the announcement to

    • (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the termination or reduction, and

    • (ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and

  • (b) post an electronic version of the announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,

  and, after having done so, the Corporation shall send, by mail or by electronic means, a copy of the announcement to the government of every province affected by the termination or reduction.

• Marginal note:Time for making announcement

  (4) The announcement may only be made after 60 days have expired since the day the notice required under section 18 was sent to the government of the provinces affected by the termination or reduction.

Marginal note:When proposal can be implemented

22 The Corporation may only implement a proposal to terminate or reduce designated northern or remote services after 10 days have expired since the day the announcement required under section 21 was sent to the government of the provinces affected by the termination or reduction.

Level of Service Policies

Marginal note:Policies to be established

• 23 (1) The Corporation shall, within one year after the transfer date, establish policies consistent with this Act concerning the levels of civil air navigation services it provides.

• Marginal note:Application of policy

  (2) Subject to this Act, the Corporation shall apply its level of service policies in a consistent manner.

• Marginal note:Revising policies

  (3) The Corporation may revise its level of service policies from time to time.

• Marginal note:Publication

  (4) The Corporation shall publish the level of service policies established or revised under this section.

• Marginal note:Provision of services in excess of policy levels

  (5) Where civil air navigation services are requested in excess of the levels provided for in the level of service policies, the Corporation is not required to provide those additional services unless the person requesting them establishes through written evidence that a majority of the users who will be affected in a material way by the provision of the additional services agree to the provision of the additional services.

• Marginal note:Affected users

  (6) For the purpose of subsection (5), a user shall be considered to be affected by the provision of additional services only if, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the user is likely to use the additional services, pay more for the service that is to be increased or experience a change in service as a result of the provision of the additional services.

• Marginal note:Prior notice

  (7) Before establishing level of service policies or revising those policies, the Corporation shall give notice of its proposal to establish or revise the policies, as the case may be, in accordance with subsections 15(2) and (3).

Directions

Marginal note:Directions — northern or remote locations

• 24 (1) The Governor in Council, on the recommendation of the Minister, may give directions in writing to the Corporation to provide civil air navigation services at or in respect of northern or remote locations designated in the directions.

• Marginal note:Directions — international agreements

  (2) Where Canada must, pursuant to an international agreement, provide civil air navigation services in a certain manner or to a certain extent, the Governor in Council, on the recommendation of the Minister, may give directions in writing to the Corporation requiring it to provide the civil air navigation services in that manner or to that extent.

• Marginal note:Directions — national security

  (3) The Governor in Council, on the recommendation of the Minister of National Defence, may give directions in writing to the Corporation to provide civil air navigation services if the Governor in Council is of the opinion that it is in the interest of national security to do so.

Marginal note:Sections 15 to 22 do not apply

25 Sections 15 to 22 do not apply if the Corporation is doing anything mentioned in section 14 in order to comply with a direction.

Marginal note:Exemption

26 A direction is exempt from examination, registration and publication under the Statutory Instruments Act.

Marginal note:Prior consultations

27 Before a direction is given, the appropriate Minister shall consult with the Corporation as to its content and timing.

Marginal note:Obligation to implement

28 The Corporation shall ensure that every direction it receives is implemented as soon as is practicable.

Marginal note:Implementation in best interests of Corporation

29 Compliance by the Corporation with a direction is deemed to be in the best interests of the Corporation.

Marginal note:Notification of implementation

30 Immediately after implementing a direction, the Corporation shall notify the appropriate Minister to that effect.

Marginal note:Compensation

• 31 (1) The appropriate Minister shall compensate the Corporation for any financial loss determined in accordance with subsection (2) that it has sustained or will sustain in complying with a direction under subsection 24(1) or (3) and for that purpose, the appropriate Minister may require an audit of the books and records of the Corporation to determine the amount of that financial loss.

• Marginal note:Financial loss

  (2) The financial loss for which compensation is payable under this section is the amount by which the incremental costs to the Corporation resulting from complying with the direction exceed the incremental revenues generated by the provision of the services.

• Marginal note:Appropriation required

  (3) The amount of compensation shall be paid out of money appropriated by Parliament for the purpose.