Airport Transfer (Miscellaneous Matters) Act (S.C. 1992, c. 5)

Act current to 2019-06-20 and last amended on 2005-04-01. Previous Versions

Seizure and Detention of Aircraft

Marginal note:Seizure and detention for fees and charges

  •  (1) Where the amount of any landing fees, general terminal fees or other charges related to the use of an airport, and interest thereon, set by a designated airport authority in respect of an airport operated by the authority has not been paid, the authority may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on application to the superior court of the province in which any aircraft owned or operated by the person liable to pay the amount is situated, obtain an order of the court, issued on such terms as the court considers necessary, authorizing the authority to seize and detain aircraft.

  • Marginal note:Idem

    (2) Where the amount of any fees, charges and interest referred to in subsection (1) has not been paid and the designated airport authority has reason to believe that the person liable to pay the amount is about to leave Canada or take from Canada any aircraft owned or operated by the person, the authority may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on ex parte application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court considers necessary, authorizing the authority to seize and detain aircraft.

  • Marginal note:Release on payment

    (3) Subject to subsection (4), except where otherwise directed by an order of a court, a designated airport authority is not required to release from detention an aircraft seized under subsection (1) or (2) unless the amount in respect of which the seizure was made is paid.

  • Marginal note:Release on security

    (4) A designated airport authority shall release from detention an aircraft seized under subsection (1) or (2) if a bond, suretyship or other security in a form satisfactory to the authority for the amount in respect of which the aircraft was seized is deposited with the authority.

  • Marginal note:Same meaning

    (5) Words and expressions used in this section and section 10 have the same meaning as in the Aeronautics Act.

  • 1992, c. 42, s. 3
  • 2001, c. 4, s. 55(E)

Marginal note:Exempt aircraft

  •  (1) Any aircraft of a person referred to in subsection 9(1) or (2) that would be exempt from seizure under a writ of execution issued by the superior court of the province in which the aircraft is situated is exempt from seizure and detention under that subsection.

  • Marginal note:Exemption

    (2) The Governor in Council may, by regulation, exempt any aircraft from seizure and detention under section 9.

  • 1992, c. 42, s. 3

Qualified Investment

Marginal note:Debt obligations qualified

 For the purpose of qualifying the bonds, debentures or other evidences of indebtedness of a designated airport authority

  • (a) as an authorized investment under paragraph 86(i) of the Canadian and British Insurance Companies Act, paragraph 61(1)(b) of the Loan Companies Act or paragraph 78(1)(b) of the Trust Companies Act,

  • (b) as a permitted investment under paragraph 1(j) of Schedule III to the Pension Benefits Standards Regulations, 1985, and

  • (c) as assets that may be vested in trust in Canada under paragraph 1(i) of Schedule II to the Canadian and British Insurance Companies Act or paragraph 1(i) of the schedule to the Foreign Insurance Companies Act,

the rights and interests acquired by the authority under the instrument executed by the Minister that transfers an airport to the authority are deemed to be assets listed in that paragraph.

  • 1992, c. 42, s. 3
 
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