Division IV — Designated Provisions
103.08 (1) The provisions set out in column I of Schedule II to this Subpart are hereby designated as provisions the contravention of which may be dealt with under, and in accordance with the procedure set out in, sections 7.7 to 8.2 of the Act.
(2) The amounts set out in column II of Schedule II to this Subpart are the maximum amounts payable in respect of a contravention of the designated provisions set out in column I.
(3) A notice issued to a person by the Minister under subsection 7.7(1) of the Act shall specify
(a) the particulars of the alleged contravention;
(b) that the person on or to whom the notice is served or sent has the option of paying the amount specified in the notice or filing a request for a review with the Tribunal of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on or to whom the notice in respect of that contravention is served or sent;
(d) that, if the person on or to whom the notice is served or sent files a request for a review with the Tribunal, that person will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention; and
(e) that, if the person on or to whom the notice is served or sent fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period, that person will be deemed to have committed the contravention set out in the notice.
- SOR/2004-131, s. 3.
Division V — Preservation and Return of Evidence or Aircraft
Preservation and Return of Evidence
103.09 Where the Minister seizes anything pursuant to paragraph 8.7(1)(c) of the Act, the Minister shall
(a) mark it in a clearly identifiable manner;
(b) take reasonable care to preserve it until it is required to be produced as evidence; and
(c) return it to the person from whom it was seized within 90 days after the seizure, where
(i) there is no dispute as to who is lawfully entitled to possession of the thing seized,
(ii) the return is not likely to affect aviation safety, and
(iii) the continued detention of the thing seized is not required for the purposes of an investigation, hearing or other similar proceeding.
Preservation and Return of Aircraft
103.10 Where the Minister detains an aircraft pursuant to paragraph 8.7(1)(d) of the Act, the Minister shall
(a) take reasonable care to preserve it; and
(b) return it to the person who had custody of it when it was detained or to the person who is lawfully entitled to possession of it, where the Minister has reasonable grounds to believe that the aircraft
(i) will not be operated, or
(ii) is airworthy or will be rendered airworthy prior to operation and will not be operated in an unsafe manner.
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