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

Act current to 2017-09-27 and last amended on 2017-06-22. Previous Versions

Marginal note:Return of seized property
  •  (1) Anything seized under section 14 — except on-board recordings as defined in subsection 22(1) — shall, as soon as possible after it has served the purpose for which it was seized, be returned to the owner or the person who appears on reasonable grounds to be entitled to it, or to the person from whom it was seized, unless

    • (a) the owner or the person who appears on reasonable grounds to be entitled to it consents otherwise in writing; or

    • (b) a court of competent jurisdiction orders otherwise.

  • Marginal note:Application for return

    (2) A person from whom anything was seized under section 14 — except on-board recordings as defined in subsection 22(1) — or the owner or any other person who appears on reasonable grounds to be entitled to it may apply to a court of competent jurisdiction for an order that the seized thing be returned to them.

  • Marginal note:Order for return

    (3) If, on an application under subsection (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it might subsequently be required by the Authority under this Act.

  • Marginal note:Exception

    (4) This section does not apply in respect of anything seized and tested to destruction in accordance with subsection 14(6).

  • R.S., 1985, c. A-2, s. 15;
  • R.S., 1985, c. 28 (3rd Supp.), s. 276;
  • 2014, c. 29, s. 19.

Miscellaneous Provisions

Marginal note:Notification of Authority
  •  (1) If a department is notified of a military-civilian occurrence, the department shall

    • (a) immediately provide the Authority with particulars of the occurrence; and

    • (b) as soon as feasible after complying with paragraph (a), advise the Authority of any investigation that it plans to conduct and of any remedial measures that it plans to take.

  • Marginal note:Investigator as observer

    (2) An investigator authorized by the Authority may attend as an observer at an investigation conducted by the department or during the taking of remedial measures by the department following a military-civilian occurrence.

  • Marginal note:Authority may review and comment

    (3) Subject to any other Act or law, the Authority shall, on request, be provided with, and may review and comment on, any interim or final report prepared in respect of an investigation conducted by the department.

  • R.S., 1985, c. A-2, s. 16;
  • R.S., 1985, c. 28 (3rd Supp.), s. 276;
  • 2014, c. 29, s. 19.
Marginal note:Notification by Authority
  •  (1) If the Authority is notified of a military-civilian occurrence, the Authority shall

    • (a) immediately provide particulars of the occurrence to any minister responsible for a department that has a direct interest in the occurrence; and

    • (b) as soon as feasible after complying with paragraph (a), advise the ministers referred to in paragraph (a) of any investigation that the Authority plans to conduct and of its scope.

  • Marginal note:Observers

    (2) Subject to any conditions that the Authority imposes, a person may attend as an observer at an investigation of a military-civilian occurrence conducted by the Authority if the person

    • (a) is designated as an observer by the minister responsible for a department that has a direct interest in the subject matter of the investigation;

    • (b) has observer status or is an accredited representative or an adviser to an accredited representative, under an international agreement or convention relating to transportation to which Canada is a party; or

    • (c) is invited by the Authority to attend as an observer because, in the Authority’s opinion, the person has a direct interest in the subject matter of the investigation and is likely to contribute to achieving its object.

  • Marginal note:Observer may be removed

    (3) The Authority may remove an observer from an investigation if the observer contravenes a condition imposed by the Authority or if, in the Authority’s opinion, the observer’s participation is likely to create a situation of conflict of interest that will impede the conduct of the investigation.

  • R.S., 1985, c. A-2, s. 17;
  • R.S., 1985, c. 28 (3rd Supp.), s. 276;
  • 2014, c. 29, s. 19.
Marginal note:Report to the Minister
  •  (1) On completion of an investigation, the Authority shall provide a report to the Minister on the Authority’s findings, including any safety deficiencies that the Authority has identified and any recommendations relating to aviation safety that the Authority considers appropriate.

  • Marginal note:Representations on draft report

    (2) Before providing the report to the Minister, the Authority shall, on a confidential basis, send a copy of the draft report on the investigation’s findings and any safety deficiencies identified to each minister responsible for a department that has a direct interest in the findings, as well as to any other person who, in the Authority’s opinion, has a direct interest in the findings, and shall give that minister or other person a reasonable opportunity to make representations to the Authority with respect to the draft report before the final report is prepared.

  • Marginal note:Confidentiality of draft report

    (3) No person shall communicate or use the draft report, or permit its communication or use, for any purpose — other than the taking of remedial measures — that is not strictly necessary to the study of the draft report or to the making of representations with respect to it.

  • Marginal note:Manner of dealing with representations

    (4) The Authority shall

    • (a) receive representations made under subsection (2) in any manner the Authority considers appropriate;

    • (b) keep a record of those representations;

    • (c) consider those representations before providing the final report to the Minister; and

    • (d) notify in writing each of the persons who made those representations, indicating how the Authority has disposed of the representations made by that person.

  • Marginal note:Protection of representations

    (5) A representation is privileged, except for one made by a minister responsible for a department that has a direct interest in the findings of the investigation. Subject to any other provisions of this Part or to a written authorization from the author of a representation, no person, including any person to whom access is provided under this section, shall knowingly communicate it or permit it to be communicated to any person.

  • Marginal note:Use by Authority

    (6) The Authority may use representations as the Authority considers necessary in the interests of aviation safety.

  • Marginal note:Making representations available to coroner

    (7) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Authority, the Authority shall make them available to the coroner.

  • Marginal note:Prohibition of use

    (8) Except for use by a coroner for the purpose of an investigation, no person is to use representations in any legal, disciplinary or other proceedings.

  • Marginal note:Notification of findings and recommendations

    (9) The Authority shall

    • (a) during an investigation of a military-civilian occurrence, immediately notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of any of his or her findings and recommendations, whether interim or final, that, in the Authority’s opinion, require urgent action; and

    • (b) on completion of the investigation, notify in writing any minister or person who, in the Authority’s opinion, has a direct interest in the investigation’s findings, of his or her findings as to the causes and contributing factors of the military-civilian occurrence, any safety deficiencies he or she has identified and any recommendations resulting from his or her findings.

  • Marginal note:Minister to reply to Authority

    (10) A minister, other than the Minister of National Defence, who is notified under subsection (9) of any findings and recommendations on matters relating to defence shall, within 90 days after the day on which they were notified,

    • (a) advise the Minister and the Authority in writing of any action taken or proposed to be taken in response to those findings and recommendations; or

    • (b) provide written reasons to the Minister and the Authority if no action will be taken or if the action to be taken differs from the action that was recommended.

  • Marginal note:Extension of time

    (11) If the Authority is satisfied that a minister is unable to reply within the period referred to in subsection (10), the period may be extended as the Authority considers necessary.

  • R.S., 1985, c. A-2, s. 18;
  • R.S., 1985, c. 28 (3rd Supp.), s. 276;
  • 2014, c. 29, s. 19.
 
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