Assented to 2014-12-09
An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts
Part 1 enacts the Aviation Industry Indemnity Act, which authorizes the Minister of Transport to undertake to indemnify certain aviation industry participants for loss, damage or liability caused by events that are commonly referred to in the insurance industry as “war risks”. The Minister may undertake to indemnify all aviation industry participants, or may specify that an undertaking applies only to specific participants or classes of participant or applies only in specific circumstances. The Act also requires that the Minister, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage for events or other similar coverage, and that the Minister report regularly to Parliament on his or her activities under the Act. Part 1 also makes consequential amendments to other Acts.
Part 2 amends the Aeronautics Act to provide certain persons with powers to investigate aviation accidents or incidents involving civilians and aircraft or aeronautical installations operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force. It also establishes privilege in respect of on-board recordings, communication records and certain statements, and permits, among other things, access to an on-board recording if certain criteria are met. Finally, it makes consequential amendments to other Acts.
Part 3 amends the Canada Marine Act in relation to the effective day of the appointment of a director of a port authority.
Part 4 amends the Marine Liability Act to implement the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010. Among other things, it gives force of law to many provisions of the Convention, clarifies the liability of the Ship-source Oil Pollution Fund with respect to the Convention and confers powers, duties and functions on the Fund’s Administrator.
Part 5 amends the Canada Shipping Act, 2001 to introduce new requirements for operators of oil handling facilities, including the requirement to notify the Minister of their operations and to submit plans to the Minister. It extends civil and criminal immunity to the agents or mandataries of response organizations engaged in response operations. It also introduces new enforcement measures for Part 8 of the Act, including by applying the administrative monetary penalties regime contained in Part 11 of that Act to Part 8.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1. This Act may be cited as the Safeguarding Canada’s Seas and Skies Act.
Enactment of Act
Marginal note:Short title
1. This Act may be cited as the Aviation Industry Indemnity Act.
2. The following definitions apply in this Act.
« aéroport »
“airport” has the same meaning as in subsection 3(1) of the Aeronautics Act.
“aviation industry participant”
« participant de l’industrie aérienne »
“aviation industry participant” means
(b) NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act;
(c) an owner or operator of an airport;
(d) a supplier of goods or services that directly support the operation of aircraft from an airport, including with respect to
(i) the preparation of an aircraft for departure or on its arrival, including maintenance and cleaning of the aircraft and the loading and unloading of passengers, baggage and cargo,
(ii) freight forwarding,
(iii) air navigation, or
(iv) airport security services; or
(e) an entity that is prescribed by regulation or a member of a class of entity that is prescribed by regulation.
« événement »
(a) an act of unlawful interference with an aircraft, airport or air navigation facility, including an act of terrorism; or
(b) an act or omission in the course of armed conflict, war, invasion, hostilities, civil war, revolution, rebellion, insurrection, an application of martial law, a usurpation or attempted usurpation of power, a civil commotion or a riot.
« ministre »
“Minister” means the Minister of Transport.
Marginal note:Undertaking by Minister
3. (1) The Minister may, in writing, undertake to indemnify one or more aviation industry participants — or one or more classes of aviation industry participant — against their loss or damage, or liability for loss or damage, that is caused by an event.
(2) The undertaking to indemnify is limited to
(a) loss, damage or liability, or any portion of it, that is not insured or otherwise indemnified; and
(b) loss, damage or liability that is not solely with respect to a loss of income.
(3) The Minister may attach terms to an undertaking, including terms that
(a) specify the event or class of event that is covered by the undertaking or that is excluded from coverage;
(b) specify the activity or class of activity in which an aviation industry participant engages that is covered by the undertaking or that is excluded from coverage;
(c) specify the class of loss, damage or liability that is covered by the undertaking or that is excluded from coverage;
(d) establish the maximum amount of indemnification, or the method to determine that amount, that may be paid out to an aviation industry participant per event;
(e) require that an aviation industry participant obtain a specified minimum amount of insurance coverage for events; and
(f) require that an aviation industry participant enter, at the Minister’s request, into an agreement with the Minister respecting the conduct or settlement of any proceedings to which the participant is a party that are related to loss, damage or liability covered by the undertaking.
Marginal note:Different terms
(4) In attaching terms to an undertaking, the Minister may distinguish among aviation industry participants, including among aviation industry participants of the same class, and may distinguish among classes of aviation industry participants.
Marginal note:Incorporation by reference
(5) An undertaking may incorporate any material by reference, regardless of its source, as it exists on a particular date.
Marginal note:No delegation
(6) The Minister must personally exercise the powers that are set out in this section.
Marginal note:Statutory Instruments Act
4. (1) The Statutory Instruments Act does not apply to an undertaking.
(2) The Minister must cause an undertaking, an amended undertaking or a notice of revocation of an undertaking to be published in Part I of the Canada Gazette within 23 days after the issuance, amendment or revocation.
Marginal note:Request for information
5. At any time after the Minister issues an undertaking, he or she may request that aviation industry participants who are covered by the undertaking provide him or her with any information that he or she specifies, including with respect to their eligibility and their existing level of insurance coverage for events covered by the undertaking.
CLAIM FOR INDEMNIFICATION
Marginal note:Notice of potential claim
6. (1) An aviation industry participant must provide the Minister with a written notice of a potential claim within two years after the day on which the event that could give rise to a claim occurred.
Marginal note:Information to be provided
(2) The aviation industry participant must provide the Minister with any additional information that the Minister considers necessary in the circumstances.
Marginal note:Claim and indemnification
7. (1) After an aviation industry participant submits a written claim for indemnification under an undertaking, the Minister must review the claim and — if a notice was provided in accordance with section 6 and the Minister determines that the claim is eligible for indemnification under the undertaking as it read on the day on which the event that gave rise to the claim occurred — indemnify the participant accordingly.
Marginal note:Further information
(2) The aviation industry participant must provide the Minister with any additional information that the Minister considers necessary to determine if the claim is eligible for indemnification.
Marginal note:Deeming — single event
(3) If the Minister considers that two or more events are directly connected by any factor or factors, including timing, cause or the parties involved, he or she may deem the events to be a single event.
Marginal note:Reliance on court or tribunal
(4) The Minister may, in determining if a claim is eligible for indemnification, rely on a final determination, not subject to any appeal, of a court or other tribunal, in or outside Canada.
Marginal note:Fault of aviation industry participant
(5) Despite subsection (1), the Minister is not required to indemnify an aviation industry participant if the Minister is of the opinion that the loss, damage or liability claimed is principally the fault of the aviation industry participant.
Marginal note:For greater certainty
(6) For greater certainty, the Minister’s determination of whether the claim is eligible for indemnification includes a determination of the amount, if any, of the indemnification.
Marginal note:Consolidated Revenue Fund
8. Any amount payable under an undertaking is to be paid out of the Consolidated Revenue Fund.
9. (1) Her Majesty is subrogated, to the extent of a payment under an undertaking to an aviation industry participant, to all of the participant’s rights in respect of the loss, damage or liability for which the payment was made.
(2) Her Majesty may maintain an action, in the aviation industry participant’s name or in the name of Her Majesty, against any person to enforce those rights.
ASSESSMENT AND REPORT
10. The Minister must, at least once every two years, assess whether it is feasible for aviation industry participants to obtain insurance coverage for events or other similar coverage.
11. (1) The Minister must prepare a report on his or her activities under this Act within
(a) 90 days after the day on which he or she issued, amended or revoked an undertaking; and
(b) two years after the day on which a report was last tabled, if he or she has not, within that period, issued, amended or revoked an undertaking.
Marginal note:Tabling in Parliament
(2) The Minister must cause each report to be tabled in each House of Parliament within the first 15 days on which the House is sitting after the report is prepared.
Marginal note:Governor in Council
12. The Governor in Council may, on the Minister’s recommendation, make regulations for the purpose of this Act, including regulations
(a) prescribing an entity or class of entity for the purpose of the definition “aviation industry participant” in section 2; and
(b) respecting the circumstances in which an undertaking may cover only one aviation industry participant.
- Date modified: