An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)
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Assented to 2004-05-06
PART 1R.S., c. A-2AERONAUTICS ACT
Marginal note:2001, c. 38, s. 1
6. Subsections 4.83(1) and (2) of the Act are replaced by the following:
Marginal note:Foreign states requiring information
4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and, despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is scheduled to land in a foreign state or of a Canadian aircraft departing from any place outside Canada that is scheduled to land in a foreign state may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in its control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.
Marginal note:Restriction — government institutions
(2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.
7. The Act is amended by adding the following after section 4.83:
Screenings
Marginal note:Designation of persons to conduct
4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify.
Marginal note:Prohibition — persons and goods
4.85 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order, as the case may be, of
(a) his or her person; or
(b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome.
Marginal note:Prohibition — conveyances
(2) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.
Marginal note:Prohibition relating to air carriers
(3) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.
Marginal note:Prohibition relating to persons who accept goods for transportation
(4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order, as the case may be.
Air Carrier and Aerodrome Assessments
Marginal note:Assessment
4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers.
Verifying Compliance and Testing Effectiveness
Marginal note:No offence
4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure, an emergency direction or an interim order.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
8. Section 5.1 of the Act is replaced by the following:
Marginal note:Restrictions and prohibitions for safety or security purposes
5.1 The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
9. Section 5.9 of the Act and the heading before it are replaced by the following:
General Provisions respecting Regulations, Orders, etc.
Marginal note:Exemption by Governor in Council
5.9 (1) The Governor in Council may make regulations exempting, on any terms and conditions that may be specified in the regulations, any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation or order made under this Part.
Marginal note:Exemption by Minister
(2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security.
Marginal note:Incorporation by reference
(3) A regulation, an order, a security measure or an emergency direction made under this Part that incorporates by reference a classification, standard, procedure or other specification may incorporate it as it is amended from time to time and in such a case the reference shall be read accordingly.
Marginal note:Prohibition in regulations or orders
(4) A regulation, an order, a security measure or an emergency direction made under this Part prohibiting the doing of any act or thing may prohibit the doing of that act or thing either at all times and places or only at specified times, places and occasions, and may do so either absolutely or subject to any specified exceptions or conditions.
Marginal note:1992, c. 4, s. 12
10. Section 6.2 of the Act is replaced by the following:
Marginal note:Exemption from Statutory Instruments Act
6.2 (1) The following are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act:
(a) a regulation made under paragraph 4.9(l), or a notice issued under section 5.1, that prohibits or restricts the use of any airspace or aerodrome;
(b) a security measure;
(c) an emergency direction;
(d) an exemption made under subsection 5.9(2); and
(e) an interim order made under section 6.41.
Marginal note:Precondition for contravention
(2) No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the time of the alleged contravention, the person had been notified of the regulation, security measure, emergency direction or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.
Marginal note:Certificate
(3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the regulation, notice referred to in paragraph (1)(a), security measure, emergency direction or interim order was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.
Marginal note:1992, c. 4, s. 13
11. (1) Subsection 6.41(1) of the Act is replaced by the following:
Marginal note:Interim orders
6.41 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part
(a) to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
(b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or
(c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident.
Marginal note:Authorized deputy may make interim order
(1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, his or her deputy to make, for any reason referred to in any of paragraphs (1)(a) to (c), an interim order that contains any provision that may be contained in a regulation made under this Part.
Marginal note:Consultation
(1.2) Before making an interim order, the Minister or deputy, as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances.
Marginal note:1992, c. 4, s. 13
(2) Paragraph 6.41(3)(b) of the Act is replaced by the following:
(b) where no such regulation is made, one year after the day on which the interim order is made.
Marginal note:1992, c. 4, s. 13
(3) Subsections 6.41(4) to (6) of the Act are replaced by the following:
Marginal note:Publication in Canada Gazette
(4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made.
Marginal note:Tabling of interim order
(5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5
12. (1) Subsections 6.9(1) and (2) of the Act are replaced by the following:
Marginal note:Suspension, etc., if contravention
6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document on the grounds that its holder or the owner or operator of any aircraft, airport or other facility in respect of which it was issued has contravened any provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part, the Minister shall by personal service or by registered or certified mail sent to the holder, owner or operator, as the case may be, at that person's latest known address notify the holder, owner or operator of that decision and of the effective date of the suspension or cancellation, but no suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent.
Marginal note:Contents of notice
(2) The notice must be in the form that the Governor in Council may by regulation prescribe and must, in addition to any other information that may be so prescribed,
(a) indicate the provision of this Part or of the regulation, notice, order, security measure or emergency direction made under this Part that the Minister believes has been contravened; and
(b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event that the holder of the document or the owner or operator concerned wishes to have the decision reviewed.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Subsection 6.9(5) of the Act is replaced by the following:
Marginal note:Exception re stay direction
(5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety or security.
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5
13. (1) Subsection 7(1) of the Act is replaced by the following:
Marginal note:Suspension where immediate threat to aviation safety or security
7. (1) If the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety or security exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the document or that is proposed to be done under the authority of the document, the Minister shall without delay, by personal service or by registered or certified mail sent to the holder of the document or to the owner or operator of any aircraft, airport or other facility in respect of which the document was issued, as the case may be, at that person's latest known address, notify the holder, owner or operator of the Minister's decision.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Paragraph 7(2)(a) of the English version of the Act is replaced by the following:
(a) indicate the immediate threat to aviation safety or security that the Minister believes exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the Canadian aviation document concerned, or that is proposed to be done under the authority of the Canadian aviation document concerned, and the nature of that act or thing; and
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(3) Subsections 7(7) and (8) of the Act are replaced by the following:
Marginal note:Determination
(7) The member of the Tribunal conducting the review may make the following determination:
(a) if the decision of the Minister relates to a person's designation under section 4.84, the member may determine the matter by confirming the Minister's decision or by referring the matter back to the Minister for reconsideration; or
(b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister's decision or by substituting his or her own determination.
Marginal note:Request for reconsideration of immediate threat
(8) If no appeal from a determination confirming a suspension under subsection (7) is taken under section 7.2 within the time limited for doing so under that section or the Tribunal has, on an appeal under section 7.2, confirmed the suspension of a Canadian aviation document under this section, or if the Minister, after reconsidering the matter under paragraph 7(7)(a) or 7.2(5)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
14. (1) Subsection 7.2(1) of the Act is replaced by the following:
Marginal note:Right of appeal
7.2 (1) The Minister or any person affected by the determination of a member of the Tribunal under subsection 6.9(8) or paragraph 7(7)(b) or any person, other than the Minister, affected by the determination of a member of the Tribunal under paragraph 7(7)(a) or subsection 7.1(8) may, within ten days after the determination, appeal the determination to the Tribunal.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Paragraphs 7.2(5)(a) and (b) of the Act are replaced by the following:
(a) subsection 6.9(8) or paragraph 7(7)(b), by dismissing it or allowing it and in allowing the appeal the Tribunal may substitute its decision for the determination appealed against; or
(b) paragraph 7(7)(a) or subsection 7.1(8), by dismissing it or referring the matter back to the Minister for reconsideration.
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