Short Title

Marginal note:Short title

1 This Act may be cited as the Aeronautics Act.

Her Majesty

Marginal note:Binding on Her Majesty

2 This Act is binding on Her Majesty in right of Canada or a province.

Interpretation

Marginal note:Definitions

• 3 (1) In this Act,

  ANS Corporation

  société

  ANS Corporation means NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act; (société)

  aerodrome

  aérodrome

  aerodrome means any area of land, water (including the frozen surface thereof) or other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure, movement or servicing of aircraft and includes any buildings, installations and equipment situated thereon or associated therewith; (aérodrome)

  aeronautical product

  produits aéronautiques

  aeronautical product means any aircraft, aircraft engine, aircraft propeller or aircraft appliance or part or the component parts of any of those things, including any computer system and software; (produits aéronautiques)

  air carrier

  transporteur aérien

  air carrier means any person who operates a commercial air service; (transporteur aérien)

  aircraft

  aéronef

  aircraft means

  • (a) until the day on which paragraph (b) comes into force, any machine capable of deriving support in the atmosphere from reactions of the air, and includes a rocket, and

  • (b) [Not in force] (aéronef)

  air navigation services

  services de navigation aérienne

  air navigation services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de navigation aérienne)

  airport

  aéroport

  airport means an aerodrome in respect of which a Canadian aviation document is in force; (aéroport)

  air traffic control services

  services de contrôle de la circulation aérienne

  air traffic control services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de contrôle de la circulation aérienne)

  Canada

  Canada[Repealed, 1996, c. 31, s. 56]

  Canadian aircraft

  aéronef canadien

  Canadian aircraft means an aircraft registered in Canada; (aéronef canadien)

  Canadian aviation document

  document d’aviation canadien

  Canadian aviation document means any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service; (document d’aviation canadien)

  civil air navigation services

  services de navigation aérienne civile

  civil air navigation services has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act; (services de navigation aérienne civile)

  commercial air service

  service aérien commercial

  commercial air service means any use of aircraft for hire or reward; (service aérien commercial)

  hire or reward

  rémunération

  hire or reward means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of an aircraft; (rémunération)

  Minister

  ministre

  Minister means

  • (a) subject to paragraph (b), the Minister of Transport or such other Minister as is designated by the Governor in Council as the Minister for the purposes of this Act, and

  • (b) with respect to any matter relating to defence, including any matter relating to military personnel or a military aircraft, military aerodrome or military facility of Canada or a foreign state, the Minister of National Defence or, under the direction of the Minister of National Defence, the Chief of the Defence Staff appointed under the National Defence Act; (ministre)

  pilot-in-command

  commandant de bord

  pilot-in-command means, in relation to an aircraft, the pilot having responsibility and authority for the operation and safety of the aircraft during flight time; (commandant de bord)

  registered owner

  propriétaire enregistré

  registered owner, in respect of an aircraft, means the person to whom a certificate of registration for the aircraft has been issued by the Minister under Part I or in respect of whom the aircraft has been registered by the Minister under that Part; (propriétaire enregistré)

  superior court

  juridiction supérieure

  superior court means

  • (a) in the Provinces of Prince Edward Island and Newfoundland, the trial division of the Supreme Court of the Province,

  • (a.1) in the Province of Ontario, the Superior Court of Justice,

  • (b) in the Province of Quebec, the Superior Court of the Province,

  • (c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province,

  • (d) in the Provinces of Nova Scotia and British Columbia, the Supreme Court of the Province, and

  • (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; (juridiction supérieure)

  Tribunal

  Tribunal

  Tribunal means the Civil Aviation Tribunal established by subsection 29(1). (Tribunal)

• Marginal note:"Minister" for certain purposes

  (2) Notwithstanding the definition "Minister" in subsection (1), "Minister", in relation to any matter referred to in paragraph 4.2(n), 4.9(p), (q) or (r), section 6.3 or paragraph 8.7(1)(b), means the Minister of National Defence.

PART IAeronautics

Application of Part

Marginal note:Application of Part

• 4 (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.

Marginal note:Contraventions outside Canada

4.1 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.

Responsibilities of Minister

Marginal note:Minister’s responsibilities respecting aeronautics

4.2 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) investigate matters concerning 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:Delegation by Minister

• 4.3 (1) The Minister may authorize members of the Royal Canadian Mounted Police or any other person to exercise or perform, subject to such restrictions or limitations as the Minister may specify, any of the powers, duties or functions of the Minister under this Part except, subject to subsection (3), any power conferred on the Minister by the Governor in Council to make regulations or orders.

• 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).

Charges

Marginal note:Regulations imposing charges

• 4.4 (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; 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.

Marginal note:Civil air navigation services

• 4.41 (1) No order or regulation may be made under this Part that has the effect of imposing charges for civil air navigation services.

• Marginal note:Minister of National Defence

  (2) No order or regulation may be made under this Part that has the effect of imposing charges for air navigation services provided by or on behalf of the Minister of National Defence if

  • (a) the charges are for services referred to in subsection 10(1) of the Civil Air Navigation Services Commercialization Act; or

  • (b) the charges are for services that are similar to services that the ANS Corporation provides and charges for in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

Marginal note:Seizure and detention for charges

• 4.5 (1) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid, the Minister 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 is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft.

• Marginal note:Idem

  (2) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid and the Minister has reason to believe that the person is about to leave Canada or take from Canada any aircraft owned or operated by the person, the Minister 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 deems necessary, authorizing the Minister to seize and detain the aircraft.

• Marginal note:Release on payment

  (3) Subject to subsection (4), except where otherwise directed by an order of a court, the Minister 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) The Minister shall release from detention an aircraft seized under subsection (1) or (2) if a bond or other security in a form satisfactory to the Minister for the amount in respect of which the aircraft was seized is deposited with the Minister.

Marginal note:Exempt aircraft

• 4.6 (1) Any aircraft of a person referred to in subsection 4.5(1) or (2) that would be exempt from seizure under a writ of execution issued out of the superior court of the province in which the aircraft is situated, is exempt from seizure and detention under that subsection.

• Marginal note:Idem

  (2) The Governor in Council may by regulation exempt any aircraft from seizure and detention under section 4.5.

Aviation Security

Marginal note:Interpretation

• 4.7 (1) In this section,

  authorized search

  fouille

  authorized search means a search carried out in such manner and under such circumstances as may be prescribed by regulations of the Governor in Council; (fouille)

  goods

  biens

  goods means anything that may be taken or placed on board an aircraft as personal belongings, baggage or cargo; (biens)

  screening officer

  agent de contrôle

  screening officer means any person that may be designated by the Minister to be a screening officer for the purposes of this section. (agent de contrôle)

  security officer

  security officer[Repealed, 1999, c. 31, s. 5]

• Marginal note:Aviation security regulations

  (2) For the purposes of protecting passengers, crew members, aircraft and aerodromes and other aviation facilities, preventing unlawful interference with civil aviation and ensuring that appropriate action is taken where that interference occurs or is likely to occur, the Governor in Council may make regulations respecting aviation security.

• Marginal note:Idem

  (3) For the purposes of protecting passengers, crew members, aircraft and aerodromes and other aviation facilities and preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to security measures that are equivalent to those instituted under this section.

• Marginal note:Security measures instituted by Minister

  (4) For the purposes described in subsection (2), the Minister may institute, maintain and carry out, at aerodromes, on aircraft and in respect of any aviation facility or service, in lieu of or in addition to the security measures instituted under subsection (2), such security measures as the Minister considers necessary for those purposes.

• Marginal note:Search of persons and goods

  (5) No person who, before boarding an aircraft, is required by a screening officer

  • (a) to submit to an authorized search of his person, or

  • (b) to permit an authorized search to be carried out of the goods that the person intends to take or have placed on board the aircraft

  shall board the aircraft unless the person submits to an authorized search or permits an authorized search to be carried out, as the case may be.

• Marginal note:Search on board aircraft

  (6) Where, after having boarded an aircraft, a person who is required by a screening officer

  • (a) to submit to an authorized search of his person, or

  • (b) to permit an authorized search to be carried out of the goods that the person took or had placed on board the aircraft

  refuses to submit to an authorized search or to permit an authorized search to be carried out, as the case may be, the screening officer may order that person to leave the aircraft and remove from the aircraft the goods that the person took or had placed on board the aircraft, and the person shall thereupon leave the aircraft and remove or authorize the removal of the goods from the aircraft.

• Marginal note:Search of goods

  (7) No person who, having been required by a screening officer to permit an authorized search of goods that the person intends to have transported on an aircraft, refuses to permit the search to be carried out shall place or attempt to place the goods or cause the goods to be placed on board the aircraft.

• Marginal note:Unaccompanied goods

  (8) Where goods are received at an aerodrome for transport on an aircraft and are not accompanied by a person who may give the permission referred to in subsection (7), a screening officer may carry out an authorized search of the goods and, in carrying out that search, may use such force as may reasonably be necessary to gain access to the goods.

• Marginal note:Operator of aerodrome to post notice

  (9) Where security measures are instituted under this section to observe and inspect persons at an aerodrome or on aircraft at an aerodrome, the operator of the aerodrome shall post in prominent places, where persons are observed or inspected under those measures, a notice, in at least the official languages of Canada, stating that security measures are being taken to observe and inspect passengers and that no passenger is obliged to submit to a search of his person and goods if the passenger chooses not to board an aircraft.

• Marginal note:Idem

  (10) Where security measures are instituted under this section at an aerodrome to observe and inspect goods being placed on board an aircraft, the operator of the aerodrome shall post in prominent places, where goods are received at the aerodrome, a notice, in at least the official languages of Canada, stating that security measures are being taken to observe and inspect goods and that no person intending to place any goods on board an aircraft is obliged to permit a search to be carried out of the goods if the person chooses not to have them placed on the aircraft.

Marginal note:Unauthorized disclosures of orders

• 4.8 (1) No person other than the Minister shall disclose to any other person the substance of any order that has been made by the Minister under subsection 4.3(2) in respect of aviation security unless the disclosure is required by law or is necessary to give effect to the order.

• Marginal note:Court to inform Minister

  (2) Where, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any order referred to in subsection (1), the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister and shall, in camera, examine the order and give the Minister a reasonable opportunity to make representations with respect thereto and, if the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the order by virtue of subsection (1), the court or other body shall order the production and discovery, subject to such restrictions or conditions as the court or other body deems appropriate, and may require any person to give evidence that relates to the order.

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, an operator of an aircraft departing from Canada or of a Canadian aircraft departing from any place outside Canada may, in accordance with the regulations, provide to a competent authority in a 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, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations

  • (a) respecting the type or classes of information that may be provided; or

  • (b) specifying the foreign states to which information may be provided.

General Regulatory Powers

Marginal note:Regulations respecting aeronautics

4.9 The Governor in Council may make regulations respecting aeronautics and, without restricting the generality of the foregoing, may make regulations respecting

• (a) the accreditation or licensing of

  • (i) flight crew members, air traffic controllers, operators of equipment used to provide services relating to aeronautics and other persons providing services relating to aeronautics, and

  • (ii) persons engaged in the design, manufacture, distribution, maintenance, approval, certification or installation of aeronautical products and the installation, maintenance, approval and certification of equipment used to provide services relating to aeronautics;

• (b) the design, manufacture, distribution, maintenance, approval, installation, inspection, registration, licensing, identification and certification of aeronautical products;

• (c) the design, installation, inspection, maintenance, approval and certification of equipment and facilities used to provide services relating to aeronautics;

• (d) the approval of flight training equipment;

• (e) activities at aerodromes and the location, inspection, certification, registration, licensing and operation of aerodromes;

• (f) noise emanating from aerodromes and aircraft;

• (g) the certification of air carriers;

• (h) the conditions under which aircraft may be used or operated or under which any act may be performed in or from aircraft;

• (i) the conditions under which persons or personal belongings, baggage, goods or cargo of any kind may be transported by aircraft;

• (j) the areas within which aircraft coming from outside Canada are to land and the conditions to which such aircraft are subject;

• (k) the classification and use of airspace and the control and use of aerial routes;

• (l) the prohibition of the use of airspace or aerodromes;

• (m) the prohibition of the doing of any other act or thing in respect of which regulations under this Part may be made;

• (n) the enforcement of such laws as may be deemed necessary for the safe and proper operation of aircraft;

• (o) the use and operation of any objects that in the opinion of the Minister are likely to be hazardous to aviation safety;

• (p) the preservation, protection and removal of aircraft involved in accidents, personal belongings, baggage, goods, cargo of any kind thereon, and of any records pertaining to the aircraft or its flight, the preservation, protection, removal and testing of any part of such aircraft and the protection of sites of aircraft accidents;

• (q) the investigation of any accident involving an aircraft, any alleged contravention under this Part or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons;

• (r) the taking of statements by investigators for the purpose of an investigation referred to in paragraph (q);

• (s) the keeping and preservation of records and documents relating to aerodromes, to activities, with respect to aeronautics, of persons who hold Canadian aviation documents and to aeronautical products and equipment and facilities used to provide services relating to aeronautics;

• (t) the handling, marking, storage and delivery of fuel and any lubricants or chemicals used during or in connection with the operation of aircraft;

• (u) the provision of facilities, services and equipment relating to aeronautics;

• (v) the provision of aviation weather services by persons other than Her Majesty in right of Canada; and

• (w) the application of the Convention on International Civil Aviation signed at Chicago, 7 December 1944, as amended from time to time.

Marginal note:Regulations

• 4.91 (1) The Governor in Council may make regulations authorizing the Minister to make orders directing the ANS Corporation to maintain or increase the level of civil air navigation services it provides in accordance with such terms and conditions as may be specified in the orders.

• Marginal note:Order must relate to safety

  (2) The Minister may make an order under subsection (1) only if the Minister is of the opinion that the order is necessary for aviation safety or the safety of the public.

• Marginal note:No compensation

  (3) The ANS Corporation is not entitled to financial compensation for any financial losses that result or may result from the Minister making an order under subsection (1).

• Marginal note:Exemption

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

Marginal note:Hours of work limitation and insurance

5 The Governor in Council may make regulations

• (a) limiting the hours of work of crew members of any aircraft operated by air carriers and of crew members of any aircraft used for carrying passengers;

• (b) requiring owners and operators of aircraft to subscribe for and carry liability insurance and specifying the minimum amount of that insurance if the owners and operators are not required by regulations made by the Canadian Transportation Agency to subscribe for and carry liability insurance; and

• (c) requiring persons providing aeronautical radio navigation services, within the meaning of subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to subscribe for and carry liability insurance and specifying the minimum amount of that insurance.

Marginal note:Restrictions and prohibitions for safety 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 such areas or within such airspace, and either absolutely or subject to such exceptions or conditions as the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary to ensure aviation safety.

Marginal note:Relationship to Radiocommunication Act

5.2 Regulations made under this Part respecting

• (a) aeronautical products or equipment or facilities used to provide services relating to aeronautics,

• (b) persons who operate or are engaged in the design, installation, inspection, maintenance, approval and certification of aeronautical products, equipment or facilities, or

• (c) the provision of information services in relation to the operation of aircraft or conditions of flight

are in addition to and not in derogation of the provisions of the Radiocommunication Act and regulations made under that Act and, where there is any conflict between any regulation made under this Part and any regulation made under the Radiocommunication Act, the regulation made under the Radiocommunication Act prevails.

Marginal note:Relationship to Explosives Act

5.3 Regulations made under this Part respecting the use and operation of rockets are in addition to and not in derogation of the provisions of the Explosives Act and regulations made thereunder and, where there is any conflict between any regulation respecting rockets made under this Part and any regulation made under the Explosives Act, the regulation made under the Explosives Act prevails.

Airport Zoning

Marginal note:Definitions

• 5.4 (1) In this section and sections 5.5 to 5.81,

  airport site

  airport site means any land, not being a part of an existing airport,

  • (a) the title to which is vested in or that otherwise belongs to Her Majesty in right of Canada, or

  • (b) in respect of which a notice of intention to expropriate under section 5 of the Expropriation Act has been registered

  and that is declared by order of the Governor in Council to be required for use as an airport; (zone aéroportuaire)

  federal airport

  federal airport includes a military aerodrome; (aéroport fédéral)

  lands

  lands include water (and the frozen surface thereof) and any other supporting surface; (biens-fonds)

  object

  object includes an object of natural growth; (éléments)

  owner

  owner, in respect of land or a building, structure or object, includes any person other than a lessee, who has a right, title or interest in the land, building, structure or object that is a recognized right, title or interest therein under the law of the province in which it is situated; (propriétaire)

  provincial authority

  provincial authority means an authority in a province responsible for the regulation of land use; (autorité provinciale)

  zoning regulation

  zoning regulation means any regulation made pursuant to subsection (2). (règlements de zonage)

• Marginal note:Zoning regulation

  (2) The Governor in Council may make regulations for the purposes of

  • (a) preventing lands adjacent to or in the vicinity of a federal airport or an airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the operation of an airport;

  • (b) preventing lands adjacent to or in the vicinity of an airport or airport site from being used or developed in a manner that is, in the opinion of the Minister, incompatible with the safe operation of an airport or aircraft; and

  • (c) preventing lands adjacent to or in the vicinity of facilities used to provide services relating to aeronautics from being used or developed in a manner that would, in the opinion of the Minister, cause interference with signals or communications to and from aircraft or to and from those facilities.

• Marginal note:Conditions precedent

  (3) The Governor in Council shall not make a zoning regulation under paragraph (2)(a) unless

  • (a) the Minister, after making a reasonable attempt to do so, has been unable to reach an agreement with the government of the province in which the lands to which the zoning regulation applies are situated providing for the use or development of the lands in a manner that is compatible with the operation of an airport; or

  • (b) in the opinion of the Minister, it is necessary to immediately prevent the use or development of the lands to which the zoning regulation applies in a manner that is incompatible with the operation of an airport.

• Marginal note:Non-conforming uses, etc.

  (4) No zoning regulation shall apply to or in respect of a use of land, buildings, structures or objects or a building, structure or object that, on the day on which the zoning regulation comes into force, exists as a use, building, structure or object that does not conform to the zoning regulation.

• Marginal note:Deeming existence of certain things

  (5) For the purposes of subsection (4), where on the day on which a zoning regulation comes into force, all approvals for construction required by law have been obtained permitting a building, structure or object that, if constructed, would not conform to the zoning regulation, the building, structure or object shall be deemed to exist on the day on which the zoning regulation comes into force.

Marginal note:Publication of notice of proposed regulation

• 5.5 (1) The Minister shall cause a notice of every zoning regulation that is proposed to be made to be published in two successive issues of at least one newspaper, if any, serving the area to which the proposed zoning regulation relates and in two successive issues of the Canada Gazette, and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto.

• Marginal note:Exception

  (2) No notice of a proposed zoning regulation is required to be published under subsection (1) if

  • (a) it has previously been published pursuant to this section, whether or not the proposed zoning regulation is altered as a result of representations referred to in subsection (1); or

  • (b) the proposed zoning regulation would, in the opinion of the Minister, make no material substantive change in an existing zoning regulation.

Marginal note:Publication of zoning regulations

• 5.6 (1) In addition to the publication required by the Statutory Instruments Act, a copy of every zoning regulation shall, forthwith after it is made, be published in two successive issues of at least one newspaper, if any, serving the area to which the zoning regulation relates.

• Marginal note:Deposit of regulation, plan and description

  (2) A zoning regulation shall come into force in respect of the lands to which it applies when a copy thereof, together with a plan and description of the lands, signed by the Minister and by a land surveyor duly licensed in and for the province in which the lands are situated, has been deposited on record in the office of the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded in each county, district or registration division in which any part of the lands are situated.

• Marginal note:Amendments

  (3) Where a zoning regulation deposited pursuant to subsection (2) is amended, the amending regulation shall come into force when a copy thereof, signed in the manner provided in that subsection, is deposited in the same office or offices where the zoning regulation thereby amended was deposited, but a further plan and description need not be so deposited unless lands additional to those affected by the zoning regulation thereby amended are affected by the amending regulation.

• Marginal note:Duty of the registrar

  (4) For the purposes of subsections (2) and (3), the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded shall receive and permanently retain in his office such zoning regulations and plans and descriptions as are deposited pursuant to those subsections and shall endorse thereon the day, hour and minute of their deposit.

• Marginal note:Abandonment

  (5) Where a notice of intention to expropriate for any of the purposes described in subsection 5.4(2) has been registered in accordance with the Expropriation Act and that intention is abandoned or is deemed to have been abandoned under that Act, any zoning regulation with respect to the lands affected by the abandonment shall thereupon cease to have effect.

Marginal note:Notice of entry to enforce compliance

• 5.7 (1) The Minister may by notice in writing to an owner or lessee who

  • (a) is making use of lands or a building, structure or object, or

  • (b) has a building, structure or object on any lands,

  in contravention of a zoning regulation, advise the owner or lessee that, unless, prior to such date as the Minister shall specify in the notice, being not earlier than thirty days after the date the notice is served or last published pursuant to subsection (2), the contravening use is permanently discontinued or the building, structure or object is removed or altered to the extent described by the Minister in the notice, as the case may require, the Minister intends to enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use or to remove or alter the building, structure or object.

• Marginal note:Notice to contain statement

  (2) A notice under subsection (1) shall

  • (a) contain a statement of the provisions of subsection (3); and

  • (b) be served on the owner or lessee to whom it is addressed personally or by registered or certified mail or, where the Minister is, after reasonable attempts, unable to ascertain the address or whereabouts of the owner or lessee, be

    • (i) posted on the land, building, structure or object to which the notice relates, and

    • (ii) published in two successive issues of at least one newspaper, if any, serving the area in which the land, building, structure or object is situated and in two successive issues of the Canada Gazette.

• Marginal note:Objection

  (3) An owner or lessee who objects to the intended entry or steps to be taken referred to in subsection (1) may, within thirty days after the date of service of the notice on the owner or lessee under subsection (2) or within thirty days after the date of the last publication of the notice under subsection (2), as the case may be, serve on the Minister, by registered or certified mail or by leaving at the Minister’s office, an objection in writing indicating the nature of the objection and the grounds on which the objection is based.

• Marginal note:Representations on objections

  (4) Where the Minister has received an objection under subsection (3), the Minister shall, within a reasonable time thereafter, provide the owner or lessee who made the objection with a full opportunity before the Minister to be heard concerning the nature and grounds of the objection.

• Marginal note:Notice of intentions after objections

  (5) The Minister shall, forthwith after providing a full opportunity to be heard to an owner or lessee in relation to an objection, in writing served personally or by registered or certified mail, notify the owner or lessee whether the Minister intends to give effect to the objection and, where the Minister does not intend to do so, the notice shall state the Minister’s reasons therefor.

• Marginal note:Entry

  (6) Where

  • (a) a notice to an owner or lessee under subsection (1) has been served or has been posted and published in accordance with subsection (2),

  • (b) a notice of objection by the owner or lessee has not been served on the Minister in accordance with subsection (3) or, the notice having been served and a full opportunity afforded to the owner or lessee to be heard in relation thereto, the Minister has notified the owner or lessee pursuant to subsection (5) that the Minister does not intend to give effect to the objection, and

  • (c) the owner or lessee continues to make use of lands or any building, structure or object thereon in contravention of the zoning regulation in respect of which the notice was issued or continues to have a building, structure or object on lands in contravention of the zoning regulation, as the case may be,

  the Minister may, subject to subsection 8.7(4), enter on the lands and take such steps as may be reasonably necessary to prevent the continuation of the contravening use or to remove or alter the building, structure or object, as the case may require.

• Marginal note:Notices not statutory instruments

  (7) A notice under this section shall be deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:No right to compensation, etc.

5.8 No person is entitled to any compensation or costs for any loss, damage, removal or alteration resulting from the application of a zoning regulation to any lands, building, structure or object.

Marginal note:Agreements with a provincial authority

• 5.81 (1) The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate, in the same manner and to the same extent as it may regulate the use of lands within its jurisdiction, the use of lands adjacent to or in the vicinity of an airport or airport site that are not the subject of regulations made pursuant to subsection 5.4(2), for the purpose of ensuring that that use is not incompatible with the safe operation of an airport or aircraft.

• Marginal note:Saving

  (2) Subsections 5.4(3) to (5) and sections 5.5 to 5.7 shall not apply in respect of lands that are the subject of an agreement made under subsection (1), during the period in which the agreement remains in effect.

• Marginal note:Contravention

  (3) Every person who contravenes a regulation or other measure established by a provincial authority pursuant to an agreement referred to in subsection (1) is guilty of an offence punishable on summary conviction.

General Provisions Respecting Regulations and Orders

Marginal note:Exemption by regulations

• 5.9 (1) The Governor in Council may make regulations exempting, on such terms and conditions as may be specified in the regulations, any person, aircraft, aerodrome, facility or service from the application of any regulation or order made under this Part.

• Marginal note:Exemption by Minister

  (2) The Minister may, on such terms and conditions as the Minister deems necessary, exempt any person, aircraft, aerodrome, facility or service from the application of any regulation or order made under this Part if in the opinion of the Minister the exemption is in the public interest and is not likely to affect aviation safety.

• Marginal note:Incorporation by reference

  (3) A regulation or order made under this Part incorporating by reference a classification, standard, procedure or other specification, may incorporate the classification, standard, procedure or specification as amended from time to time and in such case the reference shall be read accordingly.

• Marginal note:Prohibition in regulations or orders

  (4) A regulation or order 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 at such times and places and on such occasions only as may be specified in the regulation or order, as the case may be, and either absolutely or subject to such exceptions or conditions as may be so specified.

6 [Not in force]

Marginal note:Notice of unpublished regulations

6.1 Where a regulation, within the meaning of the Statutory Instruments Act, respecting the operation of aircraft is alleged to have been contravened at a time before it is published as required by that Act, a certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the regulation was issued before that time is, in the absence of evidence to the contrary, proof for the purposes of paragraph 11(2)(b) of that Act that reasonable steps were taken to bring the purport of the regulation to the notice of those persons likely to be affected by it.

Marginal note:Exemption of certain regulations from application of Statutory Instruments Act

• 6.2 (1) A regulation, within the meaning of the Statutory Instruments Act, that under this Part prohibits or restricts the use of any airspace or aerodrome, and an order made by the Minister under subsection 4.3(2) in respect of security measures, are exempt from the application of subsections 3(1) and 5(1) and section 11 of that Act.

• Marginal note:Contravention under certain regulations or orders

  (2) No person shall be found to have contravened a regulation or order referred to in subsection (1) unless it is proved that at the date of the alleged contravention reasonable steps had been taken to bring the purport of the regulation or order to the notice of those persons likely to be affected by it.

• Marginal note:Notice of certain regulations or orders

  (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the regulation or order was issued is, in the absence of evidence to the contrary, proof that reasonable steps were taken to bring the purport of the regulation or order to the notice of those persons likely to be affected by it.

Boards of Inquiry

Marginal note:Establishment

• 6.3 (1) The Minister may establish a board of inquiry to inquire, subject to the Canadian Transportation Accident Investigation and Safety Board Act, into the circumstances of any accident involving an aircraft, any alleged contravention under this Part or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons, and may designate the persons who are to be members of that board.

• Marginal note:Powers of boards

  (2) Every person designated by the Minister as a member of a board of inquiry has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act.

• Marginal note:Witnesses

  (3) Every witness who attends and gives evidence before a board of inquiry is entitled to be paid reasonable travel and living expenses incurred by the witness in so attending and giving evidence and the witness fees prescribed in the tariff of fees in use in the superior court of the province in which the witness’s evidence is given.

• Marginal note:Reports of boards

  (4) A board of inquiry shall send a full report of the inquiry conducted by it to the Minister within such time as the Minister may require.

• (5) [Repealed, 1989, c. 3, s. 39]

Marginal note:Application of Canadian Transportation Accident Investigation and Safety Board Act

6.4 The provisions of sections 28, 29 and 30 of the Canadian Transportation Accident Investigation and Safety Board Act relating to on-board recordings, communication records and statements, within the meaning of those respective sections, apply, with such modifications as the circumstances require, to and in respect of a board of inquiry and an inquiry conducted by such a board under section 6.3 and any investigation by the Minister concerning aviation safety.

Interim Orders

Marginal note:Interim orders

• 6.41 (1) For the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident, the Minister may make an interim order where the Minister is of the opinion that such an interim order is necessary for aviation safety or the safety of the public.

• Marginal note:Coming into effect

  (2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

• Marginal note:Recommendation by Minister

  (3) Where the Governor in Council approves an interim order, the Minister shall, as soon as possible after the approval, recommend to the Governor in Council that a regulation having the same effect as the interim order be made under this Part, and the interim order ceases to have effect

  • (a) where such a regulation is made, on the day on which the regulation comes into force; and

  • (b) where no such regulation is made, two years after the day on which the interim order is made.

• Marginal note:Exemption

  (4) An interim order

  • (a) is exempt from the application of subsections 3(1) and 5(1) and section 11 of the Statutory Instruments Act; and

  • (b) where it is approved, shall be published in the Canada Gazette within twenty-three days after the day on which it is approved.

• Marginal note:Contravention of unpublished order

  (5) No person shall be found to have contravened an interim order that, at the time of the alleged contravention, was not published in the Canada Gazette in accordance with subsection (4), unless it is proved that at the date of the alleged contravention reasonable steps had been taken to bring the purport of that order to the notice of those persons likely to be affected by it.

• Marginal note:Notice of interim order

  (6) For the purposes of subsection (5), a certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the interim order was issued is, in the absence of evidence to the contrary, proof that reasonable steps were taken to bring the purport of that order to the notice of those persons likely to be affected by it.

Medical and Optometric Information

Marginal note:Minister to be provided with information

• 6.5 (1) Where a physician or an optometrist believes on reasonable grounds that a patient is a flight crew member, an air traffic controller or other holder of a Canadian aviation document that imposes standards of medical or optometric fitness, the physician or optometrist shall, if in his opinion the patient has a medical or optometric condition that is likely to constitute a hazard to aviation safety, inform a medical adviser designated by the Minister forthwith of that opinion and the reasons therefor.

• Marginal note:Patient to advise

  (2) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall, prior to any medical or optometric examination of his person by a physician or optometrist, advise the physician or optometrist that he is the holder of such a document.

• Marginal note:Use by Minister

  (3) The Minister may make such use of any information provided pursuant to subsection (1) as the Minister considers necessary in the interests of aviation safety.

• Marginal note:No proceedings shall lie

  (4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by him in good faith in compliance with this section.

• Marginal note:Information privileged

  (5) Notwithstanding subsection (3), information provided pursuant to subsection (1) is privileged and no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings and the information so provided shall not be used in any such proceedings.

• Marginal note:Deemed consent

  (6) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall be deemed, for the purposes of this section, to have consented to the giving of information to a medical adviser designated by the Minister under subsection (1) in the circumstances referred to in that subsection.

Measures Relating to Canadian Aviation Documents

Definition of Canadian aviation document

6.6 In sections 6.7 to 7.2, Canadian aviation document includes any privilege accorded by a Canadian aviation document.

Marginal note:Non-application of certain provisions

6.7 Sections 6.8 to 7.2 do not apply to a member of the Canadian Armed Forces acting in that capacity or to any other person in relation to a Canadian aviation document issued in respect of a military aircraft, military aerodrome or military facility.

Marginal note:Minister may refuse to issue Canadian aviation document

• 6.71 (1) The Minister may refuse to issue a Canadian aviation document, where the Minister is of the opinion that the public interest and, in particular, the record in relation to aviation of the applicant or of any principal of the applicant warrant it.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations defining the word principal for the purposes of subsection (1).

Marginal note:Suspensions, etc., generally

6.8 In addition to any ground of suspension, cancellation or refusal of renewal referred to in sections 6.9 to 7.1, the Minister may suspend, cancel or refuse to renew a Canadian aviation document in such circumstances and on such grounds as the Governor in Council may by regulation prescribe.

Marginal note:Suspension, etc., where contravention

• 6.9 (1) Where the Minister decides to suspend or cancel a Canadian aviation document on the grounds that 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 has contravened any provision of this Part or any regulation or order 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 his 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) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed,

  • (a) indicate the provision of this Part or of the regulation or order 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 the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension, etc.

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension or cancellation of the Canadian aviation document to which the decision relates, but where a request for a review has been filed with the Tribunal a member of the Tribunal assigned for the purpose may, subject to subsection (5), on application in writing by the holder of the document or the owner or operator affected by the decision, as the case may be, on such notice to the Minister as the member deems necessary, and after considering such representations by the holder, owner or operator and the Minister as they wish to make in that behalf, direct that the suspension or cancellation of the document be stayed until the review of the decision of the Minister has been concluded.

• Marginal note:Exception re stay direction

  (5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) where the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety.

• Marginal note:Appointment of review time

  (6) On receipt of a request filed in accordance with subsection (3), the Tribunal shall appoint a time and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (7) At the time and place appointed under subsection (6) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension or cancellation under review.

• Marginal note:Determination of Tribunal member

  (8) On a review under this section of a decision of the Minister to suspend or cancel a Canadian aviation document, the member of the Tribunal conducting the review may determine the matter by confirming the suspension or cancellation or substituting the member’s decision for the decision of the Minister.

Marginal note:Suspension where immediate threat to aviation safety

• 7 (1) Where the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety exists or is likely to occur as a result of an act or thing having been, being or proposed to be done under the authority of the document, the Minister shall forthwith 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 his latest known address notify the holder, owner or operator of his decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed,

  • (a) indicate the immediate threat to aviation safety that the Minister believes exists or is likely to occur as a result of an act or thing having been, being or proposed to be done under the authority of the Canadian aviation document concerned, and the nature of that act or thing; 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 the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on him or sent to him under that subsection, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension to which the decision relates.

• Marginal note:Appointment of review time

  (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension under review.

• Marginal note:Determination of Tribunal member

  (7) On a review under this section of a decision of the Minister to suspend a Canadian aviation document, the member of the Tribunal conducting the review may determine the matter by confirming the suspension or substituting the member’s decision for the decision of the Minister.

• Marginal note:Request for reconsideration of immediate threat

  (8) Where

  • (a) 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

  • (b) the Tribunal has, on an appeal under section 7.2, confirmed the suspension of a Canadian aviation document under this section,

  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 referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.

• Marginal note:Reconsideration

  (9) On receipt of a request under subsection (8), the Minister shall forthwith reconsider the matter and give a notice of his decision to the holder, owner or operator who made the request, and the provisions of this section and section 7.2 providing for a review of a decision of the Minister and an appeal from a determination on a review apply, with such modifications as the circumstances require, to and in respect of a decision of the Minister under this subsection.

Marginal note:Suspension, etc., on medical, etc., grounds

• 7.1 (1) Where the Minister decides

  • (a) to suspend, cancel or refuse to renew a Canadian aviation document on medical grounds,

  • (b) to suspend or cancel a Canadian aviation document on the grounds that the holder of the document is incompetent or the holder or any aircraft, airport or other facility in respect of which the document was issued ceases to have the qualifications necessary for the issuance of the document or to meet or comply with the conditions subject to which the document was issued, or

  • (c) to suspend or cancel a Canadian aviation document because the Minister is of the opinion that the public interest and, in particular, the record in relation to aviation of the holder of the Canadian aviation document or of any principal of the holder, as defined in regulations made under subsection 6.71(2), warrant it,

  the Minister shall, by personal service or by registered mail sent to the holder or to the owner or operator of the aircraft, airport or facility, as the case may be, at the latest known address of the holder, owner or operator, notify the holder, owner or operator of the Minister’s decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed,

  • (a) indicate, as the case requires,

    • (i) the medical grounds on which the decision of the Minister is based,

    • (ii) the nature of the incompetence of the holder of the Canadian aviation document that the Minister believes exists, the qualifications necessary for the issuance of the document that the Minister believes the holder of the document or the aircraft, airport or facility in respect of which the document was issued ceases to have or the conditions subject to which the document was issued that the Minister believes are no longer being met or complied with, or

    • (iii) the elements of the public interest on which the decision of the Minister is based; 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 the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension, etc.

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension, cancellation or refusal to renew to which the decision relates.

• Marginal note:Appointment of review time

  (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with a full opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension, cancellation or refusal to renew under review.

• Marginal note:Burden of proof on medical grounds review

  (7) On a review under this section of a decision of the Minister to refuse to renew a Canadian aviation document on medical grounds, the burden of establishing that the Minister’s decision in the matter is unjustified is on the person requesting the review.

• Marginal note:Determination of Tribunal member

  (8) On a review under this section of a decision of the Minister to suspend, cancel or refuse to renew a Canadian aviation document, the member of the Tribunal conducting the review may determine the matter by confirming the suspension, cancellation or refusal to renew or by referring the matter back to the Minister for reconsideration.

• Marginal note:Effect of reference back for reconsideration

  (9) Where a matter of suspension or cancellation of or refusal to renew a Canadian aviation document is referred back to the Minister for reconsideration under subsection (8),

  • (a) the suspension or cancellation shall cease to be of any force or effect until the Minister decides otherwise as a consequence of the reconsideration; or

  • (b) the Minister shall, as soon as practicable after the referral of the matter back to the Minister if the document concerned has expired, renew the document that he had refused to renew unless the Minister decides not to renew the document as a consequence of the reconsideration.

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 7(7) or any person, other than the Minister, affected by the determination of a member of the Tribunal under subsection 7.1(8) may, within ten days after the determination, appeal the determination to the Tribunal.

• Marginal note:Appeal panel exclusion

  (2) The member of the Tribunal from whose determination an appeal is taken shall not be a member of the panel of members appointed to hear the appeal.

• Marginal note:Nature of appeal

  (3) An appeal to the Tribunal shall be on the merits based on the record of the proceedings of the member of the Tribunal from whose determination the appeal is taken but the Tribunal shall allow oral argument and, if it deems it necessary for the purposes of the appeal, shall hear evidence not previously available.

• Marginal note:Burden of proof on medical grounds appeal

  (4) On an appeal from the determination of a member of the Tribunal under subsection 7.1(8) in respect of a refusal to renew a Canadian aviation document on medical grounds, the burden of establishing that the Minister’s decision in the matter is unjustified is on the appellant.

• Marginal note:Disposition of appeal

  (5) The Tribunal may dispose of an appeal from the determination of a member of the Tribunal under

  • (a) subsection 6.9(8) or 7(7), by dismissing it or allowing it and in allowing the appeal the Tribunal may substitute its decision for the determination appealed against; or

  • (b) subsection 7.1(8), by dismissing it or referring the matter back to the Minister for reconsideration.

Prohibitions, Offences and Punishment

Marginal note:Prohibitions

• 7.3 (1) No person shall

  • (a) knowingly make any false representation for the purpose of obtaining a Canadian aviation document or any privilege accorded thereby;

  • (b) wilfully destroy any document required under this Part to be kept;

  • (c) make or cause to be made any false entry in a record required under this Part to be kept with intent to mislead or wilfully omit to make any entry in any such record;

  • (d) wilfully obstruct any person who is performing duties under this Part;

  • (e) except as authorized under this Part, wilfully operate or otherwise deal with an aircraft that has been detained under this Part;

  • (f) wilfully do any act or thing in respect of which a Canadian aviation document is required except under and in accordance with the required document; or

  • (g) wilfully do any act or thing in respect of which a Canadian aviation document is required where

    • (i) the document that has been issued in respect of that act or thing is suspended, or

    • (ii) an order referred to in subsection 7.5(1) prohibits the person from doing that act or thing.

• Marginal note:Contravention of subsection (1)

  (2) Every person who contravenes subsection (1) is guilty of

  • (a) an indictable offence; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Contravention of Part, regulation or order

  (3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation or order made under this Part is guilty of an offence punishable on summary conviction.

• Marginal note:Punishment, individuals

  (4) An individual who is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding five thousand dollars and, in the case of an offence referred to in subsection (1), to imprisonment for a term not exceeding one year or to both fine and imprisonment.

• Marginal note:Punishment, corporations

  (5) A corporation that is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding twenty-five thousand dollars.

• Marginal note:Punishment — ANS Corporation

  (5.1) Notwithstanding subsection (5), where the ANS Corporation is convicted of contravening an order made under subsection 4.91(1), the ANS Corporation is liable to a fine not exceeding $25,000 for each day or part of a day the offence continues.

• Marginal note:Punishment, subsequent offences

  (6) Where a person is convicted of a second or subsequent offence under this Part, the fine shall not be less than two hundred and fifty dollars.

• Marginal note:Imprisonment precluded in certain cases

  (7) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment unless the offence is an offence referred to in subsection (1).

• Marginal note:Idem

  (7.1) Where a person is proceeded against under section 8.4 and is convicted of an offence under this Part, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment in relation to the offence.

• Marginal note:Recovery of fines

  (8) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction shall be registered in the court and when registered has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

• Marginal note:Recovery of costs and charges

  (9) All reasonable costs and charges attendant on the registration of the conviction are recoverable in like manner as if they had been registered as part of the conviction.

Marginal note:Continuing offence

7.31 Where an offence under this Part is committed or continued on more than one flight or segment of a flight, it shall be deemed to be a separate offence for each flight or segment of a flight on which the offence is committed or continued.

Marginal note:Court may order forfeiture

• 7.4 (1) Where a person is convicted on indictment of an offence referred to in paragraph 7.3(1)(f) or (g) in relation to the operation of a commercial air service, the court may, in addition to any other punishment it may impose, order that any aircraft used in the commercial air service be forfeited and, on the making of such an order, the aircraft is forfeited to Her Majesty in right of Canada.

• Marginal note:Application by person claiming interest

  (2) Where any aircraft is forfeited under subsection (1), any person, in this section referred to as the “applicant”, other than a person convicted of the offence that resulted in the forfeiture, who claims an interest in the aircraft may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the aircraft is situated for an order under subsection (5).

• Marginal note:Date of hearing

  (3) A judge to whom an application is made under subsection (2) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

• Marginal note:Notice

  (4) An applicant shall serve a notice of the application and of the day fixed for the hearing of the application on the Minister at least fifteen days before the day so fixed.

• Marginal note:Order by judge

  (5) Where, on the hearing of an application, the judge is satisfied that the applicant

  • (a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted thereof, and

  • (b) exercised reasonable care to satisfy himself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation or order made under this Part,

  the applicant is entitled to an order by the judge declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of that interest.

• Marginal note:Appeal

  (6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court.

• Marginal note:Application to Minister

  (7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5),

  • (a) direct that the aircraft to which the interest of the applicant relates be returned to the applicant; or

  • (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

• Marginal note:Disposal of forfeited aircraft

  (8) Where no application is made under this section for an order in relation to an interest in a forfeited aircraft or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the aircraft shall be disposed of in such manner as the Minister may direct.

Marginal note:Prohibition by court

• 7.5 (1) Where a person is convicted of an offence under this Part, the court may, in addition to any other punishment it may impose, make an order

  • (a) where the person is the holder of a Canadian aviation document or is the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document was issued, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for such period or at such times and places as may be specified in the order; or

  • (b) prohibiting the person from operating an aircraft or providing services essential to the operation of an aircraft for such period or at such times and places as may be specified in the order.

• (2) to (4) [Repealed, 1992, c. 4, s. 18]

Procedure Pertaining to Certain Contraventions

Marginal note:Designation of provisions

• 7.6 (1) The Governor in Council may, by regulation,

  • (a) designate any regulation or order made under this Part, in this section and in sections 7.7 to 8.2 referred to as a "designated provision", as a regulation or order the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2; and

  • (b) prescribe, in respect of a designated provision, the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed

    • (i) five thousand dollars, in the case of an individual, and

    • (ii) twenty-five thousand dollars, in the case of a corporation.

• Marginal note:Non-application of summary conviction procedure

  (2) A person who contravenes a designated provision is guilty of an offence and liable to the punishment imposed in accordance with sections 7.7 to 8.2 and no proceedings against the person shall be taken by way of summary conviction.

Marginal note:Notice of allegations of contravention

• 7.7 (1) Where the Minister believes on reasonable grounds that a person has contravened a designated provision, the Minister shall notify the person of the allegations against the person in such form as the Governor in Council may by regulation prescribe, specifying in the notice, in addition to any other information that may be so prescribed,

  • (a) subject to any regulations made under paragraph 7.6(1)(b), the amount that is determined by the Minister, in accordance with such guidelines as the Minister may make for the purpose, to be the amount that must be paid to the Minister by the person as the penalty for the contravention in the event that the person does not wish to appear before a member of the Tribunal to make representations in respect of the allegations; and

  • (b) the time, being not less than thirty days after the date the notice is served or sent, at or before which and the place at which the amount is required to be paid in the event referred to in paragraph (a).

• Marginal note:Service of notice

  (2) A notice under subsection (1) shall be served personally or by ordinary mail sent to the latest known address of the person to whom the notice relates.

Marginal note:Payment of specified amount precludes further proceedings

• 7.8 (1) Where a person served with a notice under subsection 7.7(1) pays the amount specified in the notice in accordance with the requirements set out therein, the Minister shall accept the amount as and in complete satisfaction of the amount of penalty for the contravention by that person of the designated provision and no further proceedings under this Part shall be taken against the person in respect of that contravention.

• Marginal note:Failure to pay specified amount

  (2) Where a person served with a notice under subsection 7.7(1) fails to pay the amount specified in the notice in accordance with the requirements set out therein, the Minister shall, within fifteen days after the time referred to in paragraph 7.7(1)(b), forward a copy of the notice to the Tribunal.

Marginal note:Request to appear to be issued by Tribunal

• 7.9 (1) On receipt of the copy of the notice forwarded by the Minister under subsection 7.8(2), the Tribunal shall

  • (a) in writing, served personally or by registered or certified mail, request the person to whom the notice was sent to appear before a member of the Tribunal at the time and place set out in the request to hear the allegations referred to in subsection 7.7(1); and

  • (b) in writing, advise the Minister of the time and place set out in the request referred to in paragraph (a).

• Marginal note:Failure to appear before member of the Tribunal

  (2) Where a person served with a request under subsection (1) fails to appear before the member of the Tribunal at the time and place set out in the request, the member of the Tribunal shall consider all the information that is presented to him by the Minister in relation to the contravention referred to in the request.

• Marginal note:Determination of member of Tribunal

  (3) Where, at the conclusion of the proceedings in respect of allegations against a person referred to in subsection (2), the member of the Tribunal determines that

  • (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to section 8.1, no further proceeding under this Part shall be taken against the person in respect of the alleged contravention; or

  • (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith

    • (i) issue to the Minister a certificate in such form as the Governor in Council may by regulation prescribe, setting out the determination of the member and setting out therein the amount that was specified in the notice that was sent to the person under subsection 7.7(1) in respect of the contravention, and

    • (ii) by registered or certified mail, send to the person at the person’s latest known address a copy of the certificate issued under subparagraph (i).

• Marginal note:Appearance before Tribunal

  (4) Where a person served with a request under subsection (1) appears before the member of the Tribunal at the time and place set out in the request, the member of the Tribunal shall provide the Minister and the person with a full opportunity consistent with procedural fairness and natural justice to present evidence before the member of the Tribunal and make representations in relation to the alleged contravention.

• Marginal note:Proceeding generally

  (5) On a proceeding before a member of the Tribunal under subsection (4),

  • (a) the burden of proving that the person appearing before the member has contravened the designated provision that the person is alleged to have contravened is on the Minister; and

  • (b) the person is not required and shall not be compelled to give any evidence or testimony in the matter.

Marginal note:Determination of member of the Tribunal

8 Where, at the conclusion of the proceedings in respect of allegations against a person referred to in subsection 7.9(4), the member of the Tribunal determines that

• (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention; or

• (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within such time as the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in such form as the Governor in Council may by regulation prescribe, setting out the amount required to be paid by the person.

Marginal note:Right of appeal

• 8.1 (1) The Minister or any person affected by the determination of a member of the Tribunal under subsection 7.9(3) or section 8 may, within ten days after the determination, appeal the determination to the Tribunal.

• Marginal note:Appeal panel exclusion

  (2) The member of the Tribunal from whose determination an appeal is taken shall not be a member of the panel of members of the Tribunal appointed to hear the appeal.

• Marginal note:Nature of appeal

  (3) An appeal to the Tribunal shall be on the merits based on the record of the proceedings of the member of the Tribunal from whose determination the appeal is taken but the Tribunal shall allow oral argument and, if it deems it necessary for the purposes of the appeal, shall hear evidence not previously available.

• Marginal note:Disposition of appeal

  (4) The Tribunal may dispose of the appeal by dismissing it or allowing it and in allowing the appeal, the Tribunal may substitute its decision for the determination appealed against.

• Marginal note:Determination on appeal

  (5) Where the Tribunal finds on an appeal that a person has contravened the designated provision that the person is alleged to have contravened, the Tribunal shall forthwith inform the person of the finding and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the Tribunal to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within such time as the Tribunal may allow, the Tribunal shall issue to the Minister a certificate in such form as the Governor in Council may by regulation prescribe, setting out the amount required to be paid by the person.

Marginal note:Registration of certificate of amount

• 8.2 (1) Where the time limit for an appeal under subsection 8.1(1) has expired or an appeal taken under section 8.1 has been dismissed, on production in the superior court of any province, a certificate issued under subsection 7.9(3), section 8 or subsection 8.1(5) shall be registered in the court and when registered has the same force and effect, and all proceedings may be taken thereon, as if the certificate were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

• Marginal note:Recovery of costs and charges

  (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).

• Marginal note:Amounts received deemed public moneys

  (3) An amount received by the Minister or the Tribunal under this section shall be deemed to be public money within the meaning of the Financial Administration Act.

Marginal note:Records

• 8.3 (1) Any notation of a suspension by the Minister of a Canadian aviation document under this Act or of a penalty imposed in accordance with sections 7.6 to 8.2 shall, on application by the person affected by the suspension or penalty, be removed from the record respecting that person kept by the Minister after the expiration of two years from the date the suspension expires or the penalty amount has been paid unless

  • (a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety; or

  • (b) a suspension or penalty under this Act has been recorded by the Minister in respect of that person after that date.

• Marginal note:Notice of decision

  (2) The Minister shall, as soon as practicable after the receipt of an application under subsection (1), by personal service or by registered or certified mail, notify the applicant of the decision of the Minister in relation thereto.

• Marginal note:Application of certain provisions

  (3) Subsections 7.1(3) to (9) and section 7.2 apply, with such modifications as the circumstances require, in respect of a decision of the Minister referred to in subsection (2) of this section.

• Marginal note:Repeat of applications limited

  (4) No application under subsection (1) shall be considered by the Minister within two years from the date of a previous application under that subsection in respect of the same applicant.

Enforcement

Marginal note:Owner of aircraft may be found liable

• 8.4 (1) The registered owner of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the offence, the aircraft was in the possession of a person other than the owner without the owner’s consent and, where found to have committed the offence, the owner is liable to the penalty provided as punishment therefor.

• Marginal note:Operator of aircraft may be found liable

  (2) The operator of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the offence, the aircraft was in the possession of a person other than the operator without the operator’s consent and, where found to have committed the offence, the operator is liable to the penalty provided as punishment therefor.

• Marginal note:Pilot-in-command may be found liable

  (3) The pilot-in-command of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless the offence was committed without the consent of the pilot-in-command and, where found to have committed the offence, the pilot-in-command is liable to the penalty provided as punishment therefor.

• Marginal note:Operator of aerodrome, etc., may be found liable

  (4) The operator of an aerodrome or other aviation facility may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aerodrome or facility for which another person is subject to be proceeded against unless the offence was committed without the consent of the operator of the aerodrome or facility and, where found to have committed the offence, the operator of the aerodrome or facility is liable to the penalty provided as punishment therefor.

Marginal note:Defence

8.5 No person shall be found to have contravened a provision of this Part or of any regulation or order made under this Part if the person exercised all due diligence to prevent the contravention.

Marginal note:Admissibility of evidence

8.6 Evidence relating to the presence or concentration of alcohol in the blood of a person obtained pursuant to any provision of the Criminal Code is admissible in evidence in proceedings taken against a person under this Part, and the provisions of section 258 of the Criminal Code, except paragraph 258(1)(a) thereof, apply, with such modifications as the circumstances require, to any such proceedings.

Marginal note:Powers to enter, seize and detain

• 8.7 (1) Subject to subsection (4), the Minister may

  • (a) enter any aircraft, aerodrome, facility relating to aeronautics or any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products for the purposes of making inspections relating to the enforcement of this Part;

  • (b) enter any place for the purposes of an investigation of matters concerning aviation safety;

  • (c) seize anything found in any place referred to in paragraph (a) or (b) that the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Part or the causes or contributing factors pertaining to an investigation referred to in paragraph (b); and

  • (d) detain any aircraft that the Minister believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner and take reasonable steps to ensure its continued detention.

• Marginal note:Search warrants

  (2) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Part.

• Marginal note:Regulations respecting things seized or detained

  (3) The Governor in Council may make regulations respecting

  • (a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c) or aircraft that has been detained under paragraph (1)(d); and

  • (b) the return of the evidence or aircraft to the owner thereof or the person from whom the evidence was seized or who had custody of the aircraft when it was detained.

• Marginal note:Warrant required to enter dwelling-house

  (4) Where any place referred to in subsection 5.7(6) or subsection (1) of this section is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (5).

• Marginal note:Authority to issue warrant

  (5) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act, and

  • (b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the Minister to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (6) In executing a warrant under subsection (5), the Minister shall not use force unless he is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

General

Marginal note:Regulations establishing compensation payable for death or injury

• 9 (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the public service of Canada or employed under the direction of any department of the public service of Canada that results directly from a flight undertaken by that person in the course of duty in the public service of Canada.

• Marginal note:Idem

  (2) Regulations made under subsection (1) shall not extend to the payment of compensation for any death or injury in respect of which provision for the payment of other compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept the compensation instead of the other compensation, gratuity or pension under that other Act.

10. and 11 [Repealed, R.S., 1985, c. 33 (1st Supp.), s. 1]

Part II[Repealed, R.S., 1985, c. 28 (3rd Supp.), s. 276]

Part III

Staff

Marginal note:Employment of officers, clerks and employees

25 Such officers, clerks and employees as may be necessary for the proper administration of this Act may be employed in the manner authorized by law.

Prosecution

Marginal note:Limitation period

26 No proceedings under sections 7.6 to 8.2 or by way of summary conviction under this Act may be instituted after twelve months from the time when the subject-matter of the proceedings arose.

Marginal note:Proof of documents

• 27 (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

  • (a) of the original document of which it purports to be a copy;

  • (b) that the original document was made, given or issued by or by the authority of or deposited with the person named therein and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated therein; and

  • (c) that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

• Marginal note:Certificate

  (2) In any action or proceeding under this Act, any certificate purporting to be signed by the Minister, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency stating that a document, authorization or exemption under this Act

  • (a) has or has not been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, or

  • (b) having been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, has expired, or has been cancelled or suspended as of a date stated in the certificate, and stating, in the case of a suspension, the period of the suspension,

  is evidence of the facts stated therein, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof thereof.

Marginal note:Document entries as proof

28 In any action or proceeding under this Act, an entry in any record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated therein as against the person who made the entry or was required to keep the record or, where the record was kept in respect of an aeronautical product, aerodrome or other aviation facility, against the owner or operator of the product, aerodrome or facility.

PART IVCivil Aviation Tribunal

Marginal note:Tribunal established

• 29 (1) There is hereby established a tribunal to be known as the Civil Aviation Tribunal consisting of a Chairman, a Vice-Chairman and such other members as are from time to time appointed by the Governor in Council.

• Marginal note:Qualifications of members

  (2) The Governor in Council shall appoint as members of the Tribunal persons who have knowledge and experience in aeronautics.

• Marginal note:Full or part-time members

  (3) The Chairman and the Vice-Chairman are each full-time members of the Tribunal and the other members may be appointed as full-time or part-time members.

• Marginal note:Term of office

  (4) A member of the Tribunal shall be appointed to hold office during good behaviour for a term not exceeding seven years and may be removed for cause by the Governor in Council.

• Marginal note:Re-appointment

  (5) A member of the Tribunal is eligible to be re-appointed on the expiration of a first or subsequent term of office.

Marginal note:Duties of Chairman

• 30 (1) The Chairman is the chief executive officer of the Tribunal and has supervision over and direction of the work and staff of the Tribunal including

  • (a) the apportionment of work among the members thereof and the assignment of members to hear matters brought before the Tribunal and, where the Tribunal sits in panels, the assignment of members to panels and to preside over panels; and

  • (b) generally, the conduct of the work of the Tribunal and the management of its internal affairs.

• Marginal note:Absence or incapacity

  (2) In the event of the absence or incapacity of the Chairman of the Tribunal or if the office of Chairman is vacant, the Vice-Chairman has and may exercise and perform all the powers, duties and functions of the Chairman.

Marginal note:Remuneration

• 31 (1) Each full-time member of the Tribunal shall be paid such salary as is fixed by the Governor in Council and each part-time member is entitled to be paid such fees or other remuneration for that member’s services as may be fixed by the Governor in Council.

• Marginal note:Expenses

  (2) Each member of the Tribunal is entitled to be paid reasonable travel and living expenses incurred by the member in the course of the member’s duties under this Act while absent from his ordinary place of residence.

Marginal note:Inconsistent interests of full-time members

• 32 (1) A full-time member of the Tribunal shall not accept or hold any office, membership, employment or interest or engage in any business that the Governor in Council may declare to be inconsistent with the proper performance of the duties and functions of a full-time member of the Tribunal.

• Marginal note:Disclosure and disposition of interest

  (2) Where any interest prohibited under subsection (1) vests in a full-time member of the Tribunal by gift, will, succession, settlement or otherwise, the member shall forthwith disclose the interest to the Governor in Council and, within three months after the disclosure, dispose of the interest to the satisfaction of the Governor in Council unless he ceases to be a full-time member within that time.

• Marginal note:Inconsistent interests of part-time members

  (3) Where a part-time member of the Tribunal who is assigned to hear or is hearing any matter before the Tribunal, either alone or as a member of a panel, holds any pecuniary or other interest that could be inconsistent with the proper performance of his duties and functions in relation to the matter, the member shall forthwith disclose that interest to the Chairman of the Tribunal and is ineligible to hear, or to continue to hear, the matter.

• Marginal note:Guidelines concerning inconsistent interests

  (4) For the purposes of subsection (3), the Governor in Council may issue guidelines to part-time members of the Tribunal concerning the nature of the interests that could be inconsistent with the proper performance of their duties and functions in relation to matters before the Tribunal.

Marginal note:Principal office

• 33 (1) The principal office of the Tribunal shall be in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Sittings

  (2) The Tribunal or any member thereof shall sit at such times and at such places in Canada as the Chairman of the Tribunal considers necessary for the proper performance of its functions.

• Marginal note:Rules of Tribunal

  (3) The Tribunal may, with the approval of the Governor in Council, make rules not inconsistent with this Act governing the carrying out of the affairs of the Tribunal and the practice and procedure in connection with matters dealt with by it.

Marginal note:Employees

• 34 (1) Such employees as are necessary for the proper conduct of the work of the Tribunal shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Status of employees

  (2) Employees appointed under subsection (1) shall be deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

• Marginal note:Experts to assist

  (3) The Tribunal may appoint and, subject to the approval of the Treasury Board, fix the remuneration of experts or persons having technical or special knowledge to assist the Tribunal in any matter in an advisory capacity.

Marginal note:Annual report

35 The Tribunal shall, not later than June 30 in each fiscal year, submit to Parliament, through such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this section, a report of its activities during the preceding fiscal year and that Minister shall cause each such report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

Marginal note:Appeal matters to be heard by panel

• 36 (1) Subject to subsection (2), every appeal to the Tribunal under this Act from a determination of a member of the Tribunal shall be heard, determined and disposed of by a panel of three members.

• Marginal note:Size of panel

  (2) The Chairman of the Tribunal may, if the Chairman considers it appropriate, direct that an appeal to the Tribunal be heard by a panel of more than three members or, with the consent of the parties, by one member alone.

• Marginal note:Decision of panel

  (3) A decision of a majority of the members of a panel is a decision of the panel.

Marginal note:How matters to be dealt with

• 37 (1) Subject to subsection (5), the Tribunal or a member thereof is not bound by any legal or technical rules of evidence in conducting any matter that comes before it or the member and all such matters shall be dealt with by the Tribunal or member as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

• Marginal note:Appearance may be by agent

  (2) Any person appearing before the Tribunal or any member thereof may appear in person or by agent.

• Marginal note:Hearing in public

  (3) Matters before the Tribunal or a member thereof shall be heard in public unless the Tribunal or member is satisfied that a public hearing would not be in the public interest, in which case the hearing or any part thereof may be held in private.

• Marginal note:Powers of Tribunal

  (4) For the purposes of this Act, the Tribunal and each member thereof has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

• Marginal note:Restriction

  (5) The Tribunal or a member thereof may not receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

• Marginal note:Reasons for decision

  (6) The Tribunal or a member thereof shall, on request by a party to a proceeding before the Tribunal or member, furnish the party with the reasons in writing for the determination or decision of the Tribunal or member.

• Marginal note:No costs

  (7) No costs may be awarded by the Tribunal or a member thereof on the disposition of any matter under this Act.

• Marginal note:Proceedings to be recorded

  (8) Proceedings before the Tribunal or a member thereof shall be recorded and the record shall show all evidence taken and all determinations and findings made in respect of the proceedings.

• Marginal note:Decision on appeal final

  (9) A decision of the Tribunal on an appeal under this Act is final and binding on the parties to the appeal.