Aeronautics Act

Marginal note:Exemption from Statutory Instruments Act

• 6.2 (1) The following are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act:

  • (a) a regulation made under paragraph 4.9(l), or a notice issued under section 5.1, that prohibits or restricts the use of any airspace or aerodrome;

  • (b) a security measure;

  • (c) an emergency direction;

  • (d) an exemption made under subsection 5.9(2); and

  • (e) an interim order made under section 6.41.

• Marginal note:Precondition for contravention

  (2) No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the time of the alleged contravention, the person had been notified of the regulation, security measure, emergency direction or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.

• Marginal note:Certificate

  (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the regulation, notice referred to in paragraph (1)(a), security measure, emergency direction or interim order was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.