53.3 The Agency shall determine whether a proposed transaction referred to in subsection 53.1(1) that involves an air transportation undertaking would result in an undertaking that is Canadian as defined in subsection 55(1).
- 2007, c. 19, s. 13.
Marginal note:Order of divestiture — application by Minister
53.4 (1) If a person contravenes subsection 53.2(1) or (10) with respect to a term or condition that relates to the public interest as it relates to national transportation, a superior court may, on application by the Minister, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Minister shall notify the Commissioner of Competition before making an application.
Marginal note:Order of divestiture — application by Commissioner
(2) If a person contravenes subsection 53.2(10) with respect to a term or condition that relates to potential prevention or lessening of competition, a superior court may, on application by the Commissioner, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Commissioner shall notify the Minister before making an application.
- 2007, c. 19, s. 13.
53.5 The Governor in Council may, on the recommendation of the Minister, make regulations
(a) specifying information required in a notice under subsection 53.1(1); and
(b) exempting classes of transactions from the application of sections 53.1 to 53.3.
- 2007, c. 19, s. 13.
Marginal note:Offence — subsection 53.1(1)
Marginal note:Offence — subsection 53.2(1) or (10)
(2) Every person who contravenes subsection 53.2(1) or (10) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years or to a fine not exceeding $10,000,000, or to both.
Marginal note:Continuing offence
(3) If an offence under subsection 53.2(10) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.
Marginal note:Officers, etc., of corporations
(4) If a corporation commits an offence under subsection (1) or (2), any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
Marginal note:Sections 174 and 175 do not apply
(5) Sections 174 and 175 do not apply in respect of an offence committed under subsection (1) or (2).
- 2007, c. 19, s. 13.
Marginal note:Appointment of receiver not to bar jurisdiction
54 (1) The fact that a receiver, manager or other official of a carrier, or a receiver of the property of a carrier, has been appointed by a court in Canada, or is managing or operating a mode of transportation under the authority of any such court, is not a bar to the exercise of any jurisdiction granted under this Act, but every such receiver, manager or official is bound to manage and operate the mode of transportation in accordance with this Act and with the orders, regulations and directions made or issued under this Act, notwithstanding the fact that the receiver, manager, official or person has been appointed by or acts under the authority of a court.
Marginal note:Adaptation orders
(2) Wherever by reason of insolvency, sale under mortgage or any other cause, a transportation undertaking or a portion of a transportation undertaking is operated, managed or held otherwise than by the carrier, the Agency or the Minister may make any order it considers proper for adapting and applying the provisions of this Act.
PART IIAir Transportation
Interpretation and Application
aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act; (aéronef)
air service means a service, provided by means of an aircraft, that is publicly available for the transportation of passengers or goods, or both; (service aérien)
prix de base
basic fare means
(a) the fare in the tariff of the holder of a domestic licence that has no restrictions and represents the lowest amount to be paid for one-way air transportation of an adult with reasonable baggage between two points in Canada, or
(b) where the licensee has more than one such fare between two points in Canada and the amount of any of those fares is dependent on the time of day or day of the week of travel, or both, the highest of those fares; (prix de base)
Canadian means a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, a government in Canada or an agent of such a government or a corporation or other entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least seventy-five per cent, or such lesser percentage as the Governor in Council may by regulation specify, of the voting interests are owned and controlled by Canadians; (Canadien)
Canadian aviation document
document d’aviation canadien
Canadian aviation document has the same meaning as in subsection 3(1) of the Aeronautics Act; (document d’aviation canadien)
domestic licenceVersion anglaise seulement
domestic licence means a licence issued under section 61; (Version anglaise seulement)
domestic service means an air service between points in Canada, from and to the same point in Canada or between Canada and a point outside Canada that is not in the territory of another country; (service intérieur)
international service means an air service between Canada and a point in the territory of another country; (service international)
licensee means the holder of a licence issued by the Agency under this Part; (licencié)
non-scheduled international licenceVersion anglaise seulement
non-scheduled international licence means a licence issued under subsection 73(1); (Version anglaise seulement)
non-scheduled international service
service international à la demande
non-scheduled international service means an international service other than a scheduled international service; (service international à la demande)
prescribed means prescribed by regulations made under section 86; (règlement)
scheduled international licenceVersion anglaise seulement
scheduled international licence means a licence issued under subsection 69(1); (Version anglaise seulement)
scheduled international service
service international régulier
scheduled international service means an international service that is a scheduled service pursuant to
tariff means a schedule of fares, rates, charges and terms and conditions of carriage applicable to the provision of an air service and other incidental services. (tarif)
(2) For the purposes of this Part,
(a) one corporation is affiliated with another corporation if
(b) if two corporations are affiliated with the same corporation at the same time, they are deemed to be affiliated with each other;
(c) a partnership or sole proprietorship is affiliated with another partnership or sole proprietorship if both are controlled by the same person;
(d) a corporation is affiliated with a partnership or a sole proprietorship if both are controlled by the same person;
(e) a corporation is a subsidiary of another corporation if it is controlled by that other corporation or by a subsidiary of that other corporation;
(f) a corporation is controlled by a person other than Her Majesty in right of Canada or a province if
(i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that person, and
(ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;
(g) a corporation is controlled by Her Majesty in right of Canada or a province if
(i) the corporation is controlled by Her Majesty in the manner described in paragraph (f), or
(ii) in the case of a corporation without share capital, a majority of the directors of the corporation, other than ex officio directors, are appointed by
(h) a partnership is controlled by a person if the person holds an interest in the partnership that entitles the person to receive more than 50% of the profits of the partnership or more than 50% of its assets on dissolution.
Definition of person
(3) In subsection (2), person includes an individual, a partnership, an association, a corporation, a trustee, an executor, a liquidator of a succession, an administrator or a legal representative.
Marginal note:Control in fact
(4) For greater certainty, nothing in subsection (2) shall be construed to affect the meaning of the expression “controlled in fact” in the definition Canadian in subsection (1).
- 1996, c. 10, s. 55;
- 2000, c. 15, s. 1;
- 2001, c. 27, s. 222.
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