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

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.

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.

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.