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

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

PART IAeronautics

Application of Part

Marginal note:Application of Part
  •  (1) Subject to any regulations made pursuant to paragraph 4.9(w), this Part applies in respect of aeronautics to all persons and to all aeronautical products and other things in Canada, to all persons outside Canada who hold Canadian aviation documents and to all Canadian aircraft and passengers and crew members thereon outside Canada.

  • Marginal note:Application of foreign law

    (2) Every person exercising the privileges accorded by a Canadian aviation document in a foreign state and every Canadian aircraft operated in a foreign state shall comply with or be operated in accordance with the applicable aeronautics laws of that state.

  • Marginal note:Conflicts

    (3) Nothing in this Part shall be construed as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign state that applies to or in respect of the person or aircraft.

  • R.S., 1985, c. A-2, s. 4;
  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1992, c. 4, s. 2.
Marginal note:Contraventions outside Canada

 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision under this Part shall be deemed to have committed a contravention of the provision under this Part and may be proceeded against and punished in the place in Canada where the person is found as if the contravention had been committed in that place.

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1992, c. 4, s. 3.

Responsibilities of Minister

Marginal note:Minister’s responsibilities respecting aeronautics
  •  (1) The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics and, in the discharge of those responsibilities, the Minister may

    • (a) promote aeronautics by such means as the Minister considers appropriate;

    • (b) construct, maintain and operate aerodromes and establish and provide other facilities and services relating to aeronautics;

    • (c) establish and provide facilities and services for the collection, publication or dissemination of information relating to aeronautics and enter into arrangements with any person or branch of government for the collection, publication and dissemination of that information;

    • (d) undertake, and cooperate with persons undertaking, such projects, technical research, study or investigation as in the opinion of the Minister will promote the development of aeronautics;

    • (e) control and manage all aircraft and equipment necessary for the conduct of any services of Her Majesty in right of Canada;

    • (f) establish aerial routes;

    • (g) cooperate with officers of Her Majesty in right of Canada and assist them in providing any services under their jurisdiction that may require any aerial work and collaborate with officers employed in aviation services of Her Majesty in such extension of their work as the development of aeronautics may require;

    • (h) take such action as may be necessary to secure by international regulation or otherwise the rights of Her Majesty in right of Canada in international air traffic;

    • (i) cooperate with officers of Her Majesty in right of Canada on all matters relating to defence;

    • (j) cooperate or enter into administrative arrangements with aeronautics authorities of other governments or foreign states with respect to any matter relating to aeronautics;

    • (k) investigate, examine and report on the operation and development of commercial air services in, to or from Canada;

    • (l) provide financial and other assistance to persons, governments and organizations in relation to matters pertaining to aeronautics;

    • (m) for the purposes of providing aviation weather services that will ensure the safety, regularity and efficiency of aircraft operation, enter into arrangements with any branch of the Government of Canada that is capable of and responsible for providing those services or, where those arrangements cannot be made, enter into arrangements with any person or organization with respect to the provision of those services in such form and manner and at such places as the Minister considers necessary;

    • (n) subject to subsection (2), investigate matters relating to aviation safety; and

    • (o) undertake such other activities in relation to aeronautics as the Minister considers appropriate or as the Governor in Council may direct.

  • Marginal note:Exception — investigations of military-civilian occurrences

    (2) Investigations of military-civilian occurrences, as defined in Part II, shall be carried out in accordance with that Part by the Airworthiness Investigative Authority, designated by the Minister under section 12.

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 2014, c. 29, s. 11.
Marginal note:Delegation by Minister
  •  (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction.

  • Marginal note:Exception

    (1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so.

  • Marginal note:Ministerial orders

    (2) The Governor in Council may by regulation authorize the Minister to make orders with respect to any matter in respect of which regulations of the Governor in Council under this Part may be made.

  • Marginal note:Deputy may be authorized to make orders

    (3) The Minister may authorize his deputy to make orders with respect to the matters referred to in paragraph 4.9(l).

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 2004, c. 15, s. 3.
Marginal note:Authorization by authorized person
  •   Any person whom the Minister of National Defence has authorized to exercise or perform powers, duties or functions relating to airworthiness may, in accordance with the authorization, authorize another person under their authority to exercise or perform any of those powers, duties or functions.

    • 2014, c. 29, s. 12.
  •  

    Marginal note:Ministerial order
    • 4.31 (1) The Minister may make an order prohibiting the development or expansion of a given aerodrome or any change to the operation of a given aerodrome, if, in the Minister’s opinion, the proposed development, expansion or change is likely to adversely affect aviation safety or is not in the public interest.

    • Marginal note:Exemption

      (2) An order under subsection (1) is exempt from examination, registration or publication under the Statutory Instruments Act.

      • 2014, c. 39, s. 143.

Charges

Marginal note:Regulations imposing charges
  •  (1) The Governor in Council may make regulations imposing, with respect to aircraft in flight in Canada, charges for the availability during flights of any facility or service provided by or on behalf of the Minister.

  • Marginal note:Idem

    (2) The Governor in Council may make regulations, or may, by order, subject to and in accordance with such terms and conditions as may be specified in the order, authorize the Minister to make regulations, imposing charges

    • (a) for the use of

      • (i) any facility or service provided by or on behalf of the Minister for or in respect of any aircraft, whether or not, where the facility or service is provided during flight, the flight originates or terminates in Canada or any portion of the flight is over Canada,

      • (ii) any other facility or service provided by or on behalf of the Minister at any aerodrome, or

      • (iii) any aerodrome operated by or on behalf of Her Majesty in right of Canada;

    • (a.1) in respect of any security measure that is carried out by the Minister; or

    • (b) in respect of the issue, renewal, amendment or endorsement of any document issued or to be issued under this Part or any action preparatory thereto, whether or not the document is issued, renewed, amended or endorsed.

  • Marginal note:Regulations respecting charges

    (3) Any regulation made under subsection (1) or (2) may prescribe the amount of charges imposed thereunder and the rate of interest payable in respect of those charges or the manner of calculating those charges or the rate of interest and may prescribe the time from which the interest is payable.

  • Marginal note:Debt due to Her Majesty

    (4) All charges imposed under this section and interest payable thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • Marginal note:Joint and several or solidary liability

    (5) If a charge is imposed in respect of an aircraft under this section, both the registered owner and the operator of the aircraft are jointly and severally, or solidarily, liable for payment of the charge.

  • Marginal note:Security for payment of charges

    (6) The Governor in Council may make regulations requiring registered owners and operators of aircraft who have failed to pay on time any charges imposed under this section to deposit each year with the Minister security in the form of a bond or letter of credit and in an amount satisfactory to the Minister to ensure full payment of the charges to be imposed in the next following year in respect of the aircraft.

  • Marginal note:Interest on charges

    (7) Every charge imposed by regulations made under this section bears interest in accordance with the regulations.

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 2001, c. 4, s. 53(E);
  • 2004, c. 15, s. 4.
 
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