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

Marginal note:When approved charge can be imposed

41 The Corporation may only impose a new or revised charge that has been approved by the Minister under section 39 after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.

Appeal of Charges

Marginal note:Appeals

• 42 (1) Subject to this Act, charges by the Corporation for air navigation services may be appealed to the Agency.

• Marginal note:No appeal

  (2) No appeal may be made in respect of a charge imposed by the Corporation pursuant to section 33 or 41.

Marginal note:Grounds

43 An appeal may only be made on one or more of the following grounds:

• (a) that one or more of the charging principles set out in section 35 have not been observed in establishing the charge;

• (b) that the notice requirements in section 36 have not been complied with;

• (c) that the announcement requirements in section 37 have not been complied with; and

• (d) where subsection 37(2) applies, that, based on reasonable and prudent projections, the total annual revenue to be generated by the announced charge is greater than the total annual revenue to be generated by the charge as proposed in the notice.

Marginal note:Who may appeal

44 An appeal may be made by any user, group of users or representative organization of users.

Marginal note:Time for making appeal

• 45 (1) Subject to subsections (2) and (3), an appeal must be made within 30 days after the day the announcement required by section 37 in respect of the charge that is the subject of the appeal was filed with the Agency.

• Marginal note:No notice

  (2) Where no notice has been given under section 36 but an announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge must be made within 180 days after the announcement was filed with the Agency.

• Marginal note:No announcement

  (3) Where no announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge may be made at any time.

Marginal note:Effect of appeal

46 An appeal does not prevent the charge that is the subject of the appeal from becoming effective or prevent the Corporation from imposing the charge pending the outcome of the appeal, and the Agency may not make an order that prevents the charge from becoming effective or the Corporation from imposing the charge.

Marginal note:Form of appeal

47 An appeal must be made in the form and manner specified by the Agency.

Marginal note:Time for deciding appeal

48 The Agency shall decide an appeal as expeditiously as possible, but no later than 60 days after it is made, unless the Agency is of the opinion that there are special circumstances involved in the determination of the appeal, in which case the Agency has a further 30 days to decide the appeal.

Marginal note:Notification of decision

49 At the conclusion of an appeal, the Agency shall provide the parties to the appeal with written reasons for its decision.

Marginal note:Preponderance of evidence

50 The Agency shall only decide to allow an appeal based on the failure of the Corporation to observe a charging principle if it is satisfied on a preponderance of the evidence that the Corporation failed to observe that charging principle.

Marginal note:Order — charging principles not observed or no notice or announcement

• 51 (1) Where the Agency’s decision is that one or more of the charging principles set out in section 35 have not been observed in establishing a new charge or revising an existing charge or that no notice under section 36 was given or no announcement under section 37 was made in respect of a new or revised charge, the Agency shall, as the case may be,

  • (a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or

  • (b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge.

• Marginal note:Order — notice or announcement requirements not met

  (2) Where the Agency’s decision is that the requirements in section 36 or 37 have not been fully complied with in respect of a new or revised charge, the Agency may make such order, including an order requiring refunds, as it considers appropriate in the circumstances, having regard to the seriousness of the non-compliance.

• Marginal note:Order — charge different

  (3) Where the Agency’s decision is that, based on reasonable and prudent projections, the total annual revenue to be generated by a charge set out in an announcement required under section 37 is greater than the total annual revenue to be generated by the charge as proposed in the notice required under section 36, the Agency shall, as the case may be,

  • (a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or

  • (b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge.

• Marginal note:Manner of refund

  (4) Where the Corporation is ordered to refund amounts, it may do so by way of credit or payment.

Marginal note:Crediting amounts

• 52 (1) Each time a user who is entitled to a refund under an order of the Agency is charged by the Corporation for air navigation services, the Corporation shall credit the user an amount not less than 10% of the charge, until the entire amount owing to the user is refunded.

• Marginal note:Two year maximum

  (2) The Corporation shall refund the entire amount owing to each user within two years after the date of the order of the Agency.

Marginal note:Decision final

53 A decision of the Agency pursuant to an appeal is final and binding and, notwithstanding any other Act of Parliament, no appeal lies from the decision.

Marginal note:Canada Transportation Act

54 Sections 4, 24, 25.1, 26, 27, 28, 29, 32, 34, 37, 40, 41 and 43 of the Canada Transportation Act do not apply in respect of this Act.

Liability for Payment

Marginal note:Joint and several liability

• 55 (1) The owner and operator of an aircraft are jointly and severally liable for the payment of any charge for air navigation services imposed by the Corporation in respect of the aircraft.

• Marginal note:Meaning of owner

  (2) In subsection (1), owner, in respect of an aircraft, includes

  • (a) the person in whose name the aircraft is registered;

  • (b) a person in possession of an aircraft as purchaser under a conditional sale or hire-purchase agreement that reserves to the vendor the title to the aircraft until payment of the purchase price or the performance of certain conditions;

  • (c) a person in possession of the aircraft as chattel mortgagor under a chattel mortgage; and

  • (d) a person in possession of the aircraft under a bona fide lease or agreement of hire.

Seizure and Detention of Aircraft

Marginal note:Seizure and detention of aircraft

• 56 (1) In addition to any other remedy available for the collection of an unpaid and overdue charge imposed by the Corporation for air navigation services, and whether or not a judgment for the collection of the charge has been obtained, the Corporation may apply to the superior court of the province in which any aircraft owned or operated by the person liable to pay the charge is situated for an order, issued on such terms as the court considers appropriate, authorizing the Corporation to seize and detain any such aircraft until the charge is paid or a bond or other security for the unpaid and overdue amount in a form satisfactory to the Corporation is deposited with the Corporation.

• Marginal note:Application may be ex parte

  (2) An application for an order referred to in subsection (1) may be made ex parte if the Corporation has reason to believe that the person liable to pay the charge is about to leave Canada or take from Canada any aircraft owned or operated by the person.

• Marginal note:Release

  (3) The Corporation shall release from detention an aircraft seized under this section if

  • (a) the amount in respect of which the seizure was made is paid;

  • (b) a bond or other security in a form satisfactory to the Corporation for the amount in respect of which the seizure was made is deposited with the Corporation; or

  • (c) an order of a court directs the Corporation to do so.

Marginal note:Exempt aircraft

• 57 (1) An order under section 56 does not apply if the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated.

• Marginal note:State aircraft are exempt

  (2) State aircraft are exempt from seizure and detention under an order issued under section 56.

PART IVHuman Resources and Labour Relations

Designated Employees

Marginal note:Designated employees who have accepted offer of employment

58 Every designated employee who has accepted an offer of employment from the Corporation before the transfer date ceases to be employed in the Public Service on the expiration of the day immediately before the transfer date.

Marginal note:Designated employees who have not accepted offer of employment

• 59 (1) Subject to section 60, every designated employee who was an indeterminate employee immediately before the transfer date and who did not accept an offer of employment from the Corporation before that date ceases to be employed in the Public Service six months after the designated employee was so designated or earlier if the designated employee so requests.

• Marginal note:Appointments

  (2) A designated employee referred to in subsection (1) is entitled to be appointed, without competition,

  • (a) for a period of one year beginning on the day the designated employee ceases to be employed in the Public Service, and

  • (b) in such order as if the designated employee had been laid off in accordance with section 29 of the Public Service Employment Act,

  to a position in the Public Service for which, in the opinion of the Public Service Commission, the designated employee is qualified.

• Marginal note:Competitions

  (3) A designated employee referred to in subsection (1) is entitled to enter, for a period of one year beginning on the day the designated employee ceases to be employed in the Public Service, any competition for which the designated employee would have been eligible had the designated employee not ceased to be employed in the Public Service.

• Marginal note:Term employees

  (4) Every designated employee who was not an indeterminate employee immediately before the transfer date and who did not accept an offer of employment from the Corporation before that date ceases to be employed in the Public Service on the expiration of the day immediately before the transfer date.

Marginal note:Excuse for not accepting

60 Every designated employee who did not accept an offer of employment from the Corporation before the transfer date and who establishes to the satisfaction of the Minister that the designated employee was unaware of the offer or incapable of indicating an acceptance of the offer is deemed to have accepted the offer before the transfer date and is deemed to be a designated employee referred to in section 58.

Marginal note:Programs that do not apply

61 The following do not apply to designated employees:

• (a) the Work Force Adjustment Directive;

• (b) the Early Departure Incentive Program Order;

• (c) the Retirement Compensation Arrangements Regulations, No. 2; and

• (d) the Executive Employment Transition Policy.

Collective Agreements and Arbitral Awards

Marginal note:Collective agreements and arbitral awards continued

• 62 (1) Every collective agreement or arbitral award that applies to a designated employee referred to in section 58 and that is in force immediately before the transfer date continues in force until its term expires.

• Marginal note:Extended collective agreements continued

  (2) Every collective agreement referred to in subsection (1) that is in force beyond the term of the agreement by virtue of an extension provided for in the collective agreement continues in force until the extension expires.

• Marginal note:Binding effect of continued collective agreements and arbitral awards

  (3) A collective agreement or arbitral award continued under this section is binding on

  • (a) the Corporation, as if it were the employer referred to in the collective agreement or arbitral award;

  • (b) the bargaining agent that is a party to the collective agreement or arbitral award; and

  • (c) the employees of the Corporation in the bargaining unit in respect of which that bargaining agent has been certified.

• Marginal note:Application of Acts

  (4) The Public Service Staff Relations Act and the Public Service Employment Act continue to apply on and after the transfer date in all respects to all matters arising before the transfer date in relation to the interpretation and application of any collective agreement or arbitral award continued under this section, whether or not the collective agreement or arbitral award has expired.

• Marginal note:Grievances — proceedings continued

  (5) Proceedings under Part IV of the Public Service Staff Relations Act that were commenced before the transfer date in respect of a collective agreement or arbitral award continued under this section shall be continued as though the Corporation were the employer referred to in the collective agreement or arbitral award.

• Marginal note:Grievances — proceedings may be commenced

  (6) Where events giving rise to a right to commence proceedings under Part IV of the Public Service Staff Relations Act in respect of a collective agreement or arbitral award continued under this section occurred before the transfer date but the proceedings had not commenced before that date, the proceedings may be commenced on or after the transfer date in accordance with the collective agreement or arbitral award and proceeded with as though the Corporation were the employer referred to in the collective agreement or arbitral award.

• Marginal note:Deeming

  (7) For the purposes of subsections (5) and (6), anything done, or not done, by Her Majesty in right of Canada as represented by the Treasury Board is deemed to have been done, or to have not been done, as the case may be, by the Corporation.

• Marginal note:Settlement of differences

  (8) Subsections 57(2) to (6), sections 58 to 66 and subsection 67(5) of the Canada Labour Code apply in respect of differences concerning the interpretation, application, administration or alleged violation of any collective agreement or arbitral award continued by this section that arise on or after the transfer date between

  • (a) the Corporation and the bargaining agent that is a party to the collective agreement or arbitral award; or

  • (b) the Corporation and employees of the Corporation bound by the collective agreement or arbitral award.

• Marginal note:Deeming

  (9) A collective agreement or arbitral award continued by this section is deemed to be a collective agreement within the meaning of section 49 of the Canada Labour Code, and Part I of that Act, other than section 80, applies in respect of the renewal or revision of the collective agreement or the entering into of a new collective agreement.