Legal Powers of the Authority
Marginal note:Legal powers
9 In carrying out its mandate, the Authority has, subject to this Act, the capacity, rights, powers and privileges of a natural person.
Structure of the Authority
Marginal note:Directors nominated by airline industry and aerodrome operators
(2) Two of the directors must be nominees submitted by the representatives of the airline industry designated under section 11 whom the Minister considers suitable for appointment as directors, and two must be nominees submitted by the representatives of aerodrome operators designated under that section whom the Minister considers suitable for appointment as directors.
Marginal note:Tenure of directors
(3) Each director holds office during pleasure for any term of not more than five years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors.
Marginal note:Vacancy on board
(4) If the Governor in Council has not appointed all of the directors referred to in subsection (1) but the number appointed constitutes a quorum, the directors who have been appointed may exercise all the powers of the board.
11 The Minister may designate representatives or classes of representatives of the airline industry and of aerodrome operators to propose nominees to the Minister for appointment to the board.
Marginal note:Qualifications of directors
Marginal note:Persons not eligible for appointment
(2) No person may be appointed or continue as a director of the Authority who
(b) is a member of the Senate or House of Commons or a member of a legislature;
(c) is employed on a full-time basis in the public service of Canada or of a province; or
(d) is a mayor, councillor, officer or employee of a municipality.
Marginal note:Renewal of term
13 The Governor in Council may renew the term of office of any director for a maximum of one further term of not more than five years.
Marginal note:Part-time office
Marginal note:Directors’ fees
(2) The directors must be paid by the Authority the remuneration fixed by the Governor in Council for each day that they attend meetings of the board or any of its committees or perform other duties required of them as directors of the Authority.
15 The directors are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of residence.
Marginal note:Powers, duties and functions
16 The Chairperson must preside at meetings of the board and exercise any powers and perform any duties and functions that are assigned by the by-laws of the Authority.
Chief Executive Officer
Marginal note:Appointment and tenure
17 The chief executive officer of the Authority is to be appointed by the Governor in Council to hold office during pleasure for any term that the Governor in Council considers appropriate.
- 2002, c. 9, s. 2 "17"
- 2012, c. 19, s. 654
Marginal note:Role of chief executive officer
18 The chief executive officer is responsible for the day-to-day management of the Authority.
Marginal note:Incapacity or vacancy
19 In the event of the absence or incapacity of, or a vacancy in the office of, the chief executive officer, the board may appoint an employee of the Authority to exercise the powers and perform the duties and functions of the chief executive officer, but the employee has no authority to act as chief executive officer for a period exceeding 90 days without the approval of the Governor in Council.
- 2002, c. 9, s. 2 "19"
- 2012, c. 19, s. 655
20 The chief executive officer may not be appointed as a director.
Marginal note:Full-time office
(2) The Authority must pay the chief executive officer the remuneration fixed by the Governor in Council.
22 The chief executive officer is entitled to be paid reasonable travel and living expenses incurred in the course of performing his or her duties while absent from his or her ordinary place of work.
Role of the Board
Marginal note:Role of the board
23 The board is responsible for the management of the activities and affairs of the Authority.
24 The board may make by-laws respecting the management and conduct of the activities and affairs of the Authority and the carrying out of the duties and functions of the board, including by-laws establishing
(a) a code of ethics for the directors, officers and employees of the Authority;
(b) committees of the board, including a human resources committee and an audit committee; and
(c) contracting policies for the Authority.
25 The Authority may employ any officers, employees or agents and retain the services of any technical or professional advisers that it considers necessary for the proper conduct of its activities and affairs and may fix the terms and conditions of their engagement.
Marginal note:Accident compensation
26 The Chairperson, the chief executive officer and the directors, officers and employees of the Authority are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.
Marginal note:Safety of the public
27 The provision of screening at an aerodrome is conclusively deemed for all purposes to be a service that is necessary to prevent immediate and serious danger to the safety of the public.
Contracts, Agreements and Arrangements
Marginal note:Contracts with Her Majesty
(2) The Authority may enter into agreements with Her Majesty represented by the Minister of Public Safety and Emergency Preparedness or by the Royal Canadian Mounted Police for the provision of services, including services on aircraft, and may make payments in respect of those services.
- 2002, c. 9, s. 2 "28"
- 2005, c. 10, s. 34
29 The Authority may, with the approval of the Treasury Board, enter into agreements with the operator of any aerodrome designated by regulation for the purposes of contributing to the costs of policing incurred by that operator in carrying out their responsibilities.
- 2002, c. 9, s. 2 "29"
- 2004, c. 15, s. 25
Marginal note:Provision of space
30 Every operator of an aerodrome designated by the regulations must provide to the Authority, and maintain free of charge, such space at the aerodrome with services reasonably required by the Authority as the Authority and the operator agree on or, in the absence of agreement, such space at the aerodrome with services reasonably required by the Authority as the Minister determines to be necessary to enable the Authority to carry out its mandate.
Marginal note:Agreement — screening
30.1 (1) The Authority may, with the Minister’s approval and subject to any terms and conditions that the Minister may establish, enter into an agreement respecting the delivery of screening referred to in subsection 6(1) with any person who requests the delivery of such screening.
(2) For greater certainty, the Authority’s mandate under subsection 6(1) includes any screening it delivers, either directly or through a screening contractor, under an agreement entered into under subsection (1).
Marginal note:Cost recovery
(3) Despite subsection (2), if the Authority delivers screening for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the delivery of that screening is deemed, for the purposes of recovering that amount, not to be a duty of the Authority under this Act.
- 2018, c. 10, s. 69
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