PART IAeronautics (continued)
Measures Relating to Canadian Aviation Documents (continued)
Marginal note:Right of appeal
(a) a person affected by the determination may appeal a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7) to the Tribunal; or
(b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal.
Marginal note:Loss of right of appeal
(2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.
Marginal note:Disposition of appeal
(3) The appeal panel of the Tribunal assigned to hear the appeal may
(a) in the case of a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or
(b) in the case of a determination made under subsection 6.9(8) or paragraph 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision.
Marginal note:Effect of decision pending reconsideration
(4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security.
- R.S., 1985, c. 33 (1st Supp.), s. 1
- 2001, c. 29, s. 38
- 2004, c. 15, ss. 14, 111
- 2017, c. 26, s. 4(F)
Marginal note:Default in payment
7.21 (1) The Minister may suspend, or refuse to issue, amend or renew, a Canadian aviation document if a certificate under section 7.92, paragraph 8(b) or subsection 8.1(4) has been issued to the Minister in respect of the applicant for, or the holder of, the document or in respect of the owner or operator of an aircraft, aerodrome, airport or other facility to which the document relates.
(2) The Minister shall, by personal service or by registered or certified mail sent to the applicant, holder, owner or operator, as the case may be, at their latest known address, notify that person of a decision made under subsection (1) and, in the case of a suspension, of the effective date of the suspension, which shall not be earlier than thirty days after the notice is served or sent.
- 2001, c. 29, s. 38
Prohibitions, Offences and Punishment
(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
Marginal note:Contravention of subsection (1)
(2) Every person who contravenes subsection (1) is guilty of
Marginal note:Contravention of Part, regulation, etc.
(3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction.
Marginal note:Contravention of subsection 4.81(1)
(3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.
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).
(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.
- R.S., 1985, c. 33 (1st Supp.), s. 1
- 1992, c. 4, s. 16
- 1996, c. 20, s. 103
- 2004, c. 15, s. 15
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.
- 1992, c. 4, s. 17
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.
(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 or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, notice, order, security measure or emergency direction 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.
(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),
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.
- R.S., 1985, c. 33 (1st Supp.), s. 1
- 2004, c. 15, s. 16
- Date modified: