Air Travellers Security Charge Act (S.C. 2002, c. 9, s. 5)

Act current to 2014-12-08 and last amended on 2012-06-29. Previous Versions

Administrative Charge under the Financial Administration Act

Marginal note:Dishonoured instruments

 For the purposes of this Act and section 155.1 of the Financial Administration Act, any charge that becomes payable at any time by a person under the Financial Administration Act in respect of an instrument tendered in payment or settlement of an amount that is payable under this Act is deemed to be an amount that becomes payable by the person at that time under this Act. In addition, Part II of the Interest and Administrative Charges Regulations does not apply to the charge and any debt under subsection 155.1(3) of the Financial Administration Act in respect of the charge is deemed to be extinguished at the time the total of the amount and any applicable interest under this Act is paid.

  • 2006, c. 4, s. 103.

Refunds

Marginal note:Statutory recovery rights

 Except as specifically provided under this Act or the Financial Administration Act, no person has a right to recover any money paid to Her Majesty as or on account of, or that has been taken into account by Her Majesty as, an amount payable under this Act.

Marginal note:Refund of charge if service not provided
  •  (1) A designated air carrier may refund or credit an amount to a person if

    • (a) the carrier collected the amount from the person as or on account of a charge in respect of an air transportation service acquired by the person;

    • (b) the person was required by this Act to pay a charge in respect of the service; and

    • (c) the service

      • (i) was not used by any person before all rights to be provided the transportation by air included in the service expired, or

      • (ii) was used only partially before all rights to be provided the transportation by air included in the service expired if the part that was used would not, by itself, be subject to a charge.

  • Marginal note:Refund of charge collected in error

    (2) A designated air carrier that has collected from a person an amount as or on account of a charge in excess of the charge that was collectible by the carrier from the person may refund or credit the excess to that person.

  • Marginal note:Issuance of document evidencing refund

    (3) A designated air carrier that refunds or credits an amount to a person in accordance with subsection (1) or (2) within two years after the day the amount was collected shall, within a reasonable time, issue to the person a document containing information specified by the Minister.

  • Marginal note:Deduction of refund

    (4) A designated air carrier that has refunded or credited an amount under subsection (1) or (2) within two years after the day the amount was collected and that has issued to a person a document in accordance with subsection (3) may deduct the amount of the refund or credit from the amount payable by the carrier under subsection 17(2) for the reporting period of the carrier in which the document is issued to the person, to the extent that the amount of the charge has been included by the carrier in determining the amount payable by the carrier under subsection 17(2) for the reporting period or a preceding reporting period of the carrier.

  • 2002, c. 9, s. 5 "32";
  • 2010, c. 25, s. 97.