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

Act current to 2017-11-20 and last amended on 2017-06-22. Previous Versions

Marginal note:Exemption by Minister of National Defence
  •  (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.

  • R.S., 1985, c. A-2, s. 6;
  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1992, c. 4, s. 25;
  • 2008, c. 20, s. 3;
  • 2014, c. 29, s. 13.
Marginal note:Notice of unpublished regulations

 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.

  • R.S., 1985, c. 33 (1st Supp.), s. 1.
Marginal note:Exemption from Statutory Instruments Act
  •  (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.

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1992, c. 4, s. 12;
  • 2004, c. 15, s. 10.
Marginal note:Certificate

 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.

  • 2014, c. 29, s. 14.

Boards of Inquiry

Marginal note:Establishment
  •  (1) The Minister may establish a board of inquiry to inquire, subject to the Canadian Transportation Accident Investigation and Safety Board Act, into the circumstances of any accident involving an aircraft, any alleged contravention under this Part or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons, and may designate the persons who are to be members of that board.

  • Marginal note:Powers of boards

    (2) Every person designated by the Minister as a member of a board of inquiry has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act.

  • Marginal note:Witnesses

    (3) Every witness who attends and gives evidence before a board of inquiry is entitled to be paid reasonable travel and living expenses incurred by the witness in so attending and giving evidence and the witness fees prescribed in the tariff of fees in use in the superior court of the province in which the witness’s evidence is given.

  • Marginal note:Reports of boards

    (4) A board of inquiry shall send a full report of the inquiry conducted by it to the Minister within such time as the Minister may require.

  • (5) [Repealed, 1989, c. 3, s. 39]

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1989, c. 3, s. 39.

 [Repealed, 2014, c. 29, s. 16]

Interim Orders

Marginal note:Interim orders
  •  (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.

  • 1992, c. 4, s. 13;
  • 2004, c. 15, s. 11;
  • 2015, c. 3, s. 4(F).

Medical and Optometric Information

Marginal note:Minister to be provided with information
  •  (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.

  • R.S., 1985, c. 33 (1st Supp.), s. 1.
 
Date modified: