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

Marginal note:Minister to be provided with information

• 6.5 (1) Where a physician or an optometrist believes on reasonable grounds that a patient is a flight crew member, an air traffic controller or other holder of a Canadian aviation document that imposes standards of medical or optometric fitness, the physician or optometrist shall, if in his opinion the patient has a medical or optometric condition that is likely to constitute a hazard to aviation safety, inform a medical adviser designated by the Minister forthwith of that opinion and the reasons therefor.

• Marginal note:Patient to advise

  (2) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall, prior to any medical or optometric examination of his person by a physician or optometrist, advise the physician or optometrist that he is the holder of such a document.

• Marginal note:Use by Minister

  (3) The Minister may make such use of any information provided pursuant to subsection (1) as the Minister considers necessary in the interests of aviation safety.

• Marginal note:No proceedings shall lie

  (4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by him in good faith in compliance with this section.

• Marginal note:Information privileged

  (5) Notwithstanding subsection (3), information provided pursuant to subsection (1) is privileged and no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings and the information so provided shall not be used in any such proceedings.

• Marginal note:Deemed consent

  (6) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall be deemed, for the purposes of this section, to have consented to the giving of information to a medical adviser designated by the Minister under subsection (1) in the circumstances referred to in that subsection.

Marginal note:Definition of "Canadian aviation document"

6.6 In sections 6.7 to 7.21, "Canadian aviation document" includes any privilege accorded by a Canadian aviation document.

Marginal note:Non-application of certain provisions

6.7 Sections 6.71 to 7.21 do not apply to a member of the Canadian Armed Forces acting in that capacity or to any other person in relation to a Canadian aviation document issued in respect of a military aircraft, military aerodrome or military facility.

Marginal note:Minister may refuse to issue or amend Canadian aviation document

• 6.71 (1) The Minister may refuse to issue or amend a Canadian aviation document on the grounds that

  • (a) the applicant is incompetent;

  • (b) the applicant or any aircraft, aerodrome, airport or other facility in respect of which the application is made does not meet the qualifications or fulfil the conditions necessary for the issuance or amendment of the document; or

  • (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the applicant or of any principal of the applicant, as defined in regulations made under paragraph (3)(a), warrant the refusal.

• Marginal note:Notice

  (2) The Minister shall, by personal service or by registered or certified mail sent to their latest known address, notify the applicant or the owner or operator of the aircraft, aerodrome, airport or other facility, as the case may be, of a decision made under subsection (1). The notice shall be in a form prescribed by regulation of the Governor in Council and, in addition to any other information that may be prescribed, shall indicate, as the case requires,

  • (a) the nature of the incompetence of the applicant;

  • (b) the qualifications or conditions referred to in paragraph (1)(b) that are not met or fulfilled, as the case may be;

  • (c) the reasons for the Minister's opinion referred to in paragraph (1)(c); and

  • (d) except in the case of a document or class of documents prescribed under paragraph (3)(b), the address at which, and the date, being thirty days after the notice is served or sent, on or before which the applicant, owner or operator may file a request for a review of the Minister's decision.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations

  • (a) defining the word "principal"; and

  • (b) prescribing Canadian aviation documents, or classes of such documents, in respect of which a review of the Minister's decision to refuse to issue or amend a document may not be requested.