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

Act current to 2015-11-16 and last amended on 2005-04-01. Previous Versions

Marginal note:Sections 15 to 22 do not apply

 Sections 15 to 22 do not apply if the Corporation is doing anything mentioned in section 14 in order to comply with a direction.

Marginal note:Exemption

 A direction is exempt from examination, registration and publication under the Statutory Instruments Act.

Marginal note:Prior consultations

 Before a direction is given, the appropriate Minister shall consult with the Corporation as to its content and timing.

Marginal note:Obligation to implement

 The Corporation shall ensure that every direction it receives is implemented as soon as is practicable.

Marginal note:Implementation in best interests of Corporation

 Compliance by the Corporation with a direction is deemed to be in the best interests of the Corporation.

Marginal note:Notification of implementation

 Immediately after implementing a direction, the Corporation shall notify the appropriate Minister to that effect.

Marginal note:Compensation
  •  (1) The appropriate Minister shall compensate the Corporation for any financial loss determined in accordance with subsection (2) that it has sustained or will sustain in complying with a direction under subsection 24(1) or (3) and for that purpose, the appropriate Minister may require an audit of the books and records of the Corporation to determine the amount of that financial loss.

  • Marginal note:Financial loss

    (2) The financial loss for which compensation is payable under this section is the amount by which the incremental costs to the Corporation resulting from complying with the direction exceed the incremental revenues generated by the provision of the services.

  • Marginal note:Appropriation required

    (3) The amount of compensation shall be paid out of money appropriated by Parliament for the purpose.


Right to Impose Charges

Marginal note:Charges for availability or provision of services
  •  (1) The Corporation may impose charges on a user for the availability or provision of air navigation services provided by the Corporation or a person acting under the authority of the Minister of National Defence.

  • Marginal note:Exception

    (2) No charge may be imposed under subsection (1)

    • (a) on a user who is a person acting under the authority of the Minister of National Defence; or

    • (b) on a user in respect of a state aircraft of a foreign country, unless the foreign country has been designated under subsection (3).

  • Marginal note:Designation

    (3) The Governor in Council may, by order, designate any country to be a country in respect of which charges may be imposed for the purpose of subsection (2).

  • Marginal note:Deeming

    (4) A charge imposed on a user under subsection (1) is deemed to be in respect of aircraft operated by that user.

  • Marginal note:Restriction

    (5) No charge may be imposed under subsection (1) in respect of air navigation services provided by a person acting under the authority of the Minister of National Defence unless the Corporation provides and charges for similar services in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

  • Marginal note:Telecommunications Act

    (6) The Telecommunications Act does not apply in respect of any charges imposed by the Corporation pursuant to this Act.