Civil Air Navigation Services Commercialization Act (S.C. 1996, c. 20)

Short Title

Marginal note:Short title

1 This Act may be cited as the Civil Air Navigation Services Commercialization Act.

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  aeronautical communication services

  aeronautical communication services means aeronautical broadcasting services, aeronautical fixed services and aeronautical mobile services as referred to in Annex 10 to the Chicago Convention. (services de communication aéronautique)

  aeronautical information services

  aeronautical information services means services necessary to meet those requirements of Annexes 4 and 15 to the Chicago Convention that relate to aeronautical information. (services d’information aéronautique)

  aeronautical radio navigation services

  aeronautical radio navigation services means aeronautical radio navigation services as referred to in Annex 10 to the Chicago Convention, and includes the provision of electronic radio navigation guidance information enabling aircraft operating under instrument flight rules to navigate during the departure, en route, approach and terminal phases of flight. (services de radionavigation aéronautique)

  Agency

  Agency means the Canadian Transportation Agency continued by subsection 7(1) of the Canada Transportation Act. (Office)

  air navigation services

  air navigation services means

  • (a) aeronautical communication services,

  • (b) aeronautical information services,

  • (c) aeronautical radio navigation services,

  • (d) air traffic control services,

  • (e) aviation weather services,

  • (f) emergency assistance services, and

  • (g) flight information services,

  in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services. (services de navigation aérienne)

  air traffic control services

  air traffic control services means services, other than flight information services, provided for the purpose of

  • (a) preventing collisions between

    • (i) aircraft,

    • (ii) aircraft and obstructions, and

    • (iii) aircraft and vehicles on the manoeuvring area; and

  • (b) expediting and maintaining an orderly flow of air traffic. (services de contrôle de la circulation aérienne)

  airport air traffic control services

  airport air traffic control services means air traffic control services, other than en route air traffic control services, provided to aircraft on the manoeuvring area and in the airspace in the vicinity of an aerodrome, and includes the issuance of air traffic control clearances for aircraft to taxi, take off or land. (services de contrôle de la circulation aérienne en zone aéroportuaire)

  apron

  apron means the part of an aerodrome that is intended to accommodate the loading and unloading of passengers and cargo, the refuelling, servicing, maintenance and parking of aircraft and any movement of aircraft, vehicles and pedestrians necessary for those purposes. (aire de trafic)

  aviation weather services

  aviation weather services means the specification of the location and frequency of weather observations and forecasts for aviation purposes in accordance with the Aeronautics Act and regulations made under that Act, the procurement of those observations and forecasts and the dissemination of weather information for aviation purposes, including the dissemination by weather briefings. (services de météorologie aéronautique)

  Chicago Convention

  Chicago Convention means the Convention on International Civil Aviation signed at Chicago on December 7, 1944, as amended from time to time. (Convention de Chicago)

  civil air navigation services

  civil air navigation services means air navigation services other than when provided pursuant to the Minister of National Defence’s authority under the National Defence Act or the Aeronautics Act. (services de navigation aérienne civile)

  Corporation

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

  designated civil air navigation services asset

  designated civil air navigation services asset means an asset designated pursuant to subsection (3). (biens désignés)

  designated employee

  designated employee means a person whose name appears on a list established pursuant to subsection (4). (employé désigné)

  designated northern or remote services

  designated northern or remote services means

  • (a) civil air navigation services designated pursuant to subsection (5); and

  • (b) the services that result from a termination or reduction of designated northern or remote services in accordance with sections 18 to 22, including any civil air navigation services introduced in connection with the termination or reduction. (services aux régions nordiques ou éloignées)

  emergency assistance services

  emergency assistance services means services provided for the purpose of

  • (a) assisting aircraft in a state of emergency, including aircraft in the uncertainty, alert and distress phases;

  • (b) assisting aircraft involved in a hijacking; or

  • (c) alerting rescue co-ordination agencies of missing or overdue aircraft. (services d’urgence)

  en route air traffic control services

  en route air traffic control services means air traffic control services provided to aircraft operating between aerodromes, including aircraft flying through Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services without landing or taking off in Canada, and includes the issuance of air traffic control clearances for aircraft to proceed during the departure, en route and approach phases of flight. (services de contrôle de la circulation des aéronefs en vol)

  Executive Employment Transition Policy

  Executive Employment Transition Policy means the Executive Employment Transition Policy approved by the Treasury Board on August 24, 1992, as amended from time to time. (Politique de transition dans la carrière pour les cadres de direction)

  flight information services

  flight information services means

  • (a) the dissemination of aviation weather information and aeronautical information for departure, destination and alternate aerodromes along a proposed route of flight;

  • (b) the dissemination of aviation weather information and aeronautical information to aircraft in flight;

  • (c) the acceptance, processing and activation of flight plans, amendments to flight plans and cancellations of flight plans;

  • (d) the acceptance and processing of flight notifications;

  • (e) the exchange of flight plan information with domestic or foreign governments or agencies or foreign air traffic services units; and

  • (f) the provision of known information concerning ground and air traffic. (services d’information de vol)

  flight notification

  flight notification means a flight notification within the meaning of regulations made under the Aeronautics Act. (avis de vol)

  flight plan

  flight plan means a flight plan within the meaning of regulations made under the Aeronautics Act. (plan de vol)

  manoeuvring area

  manoeuvring area means the part of an aerodrome that is intended to be used for the taking off and landing of aircraft and for the movement of aircraft associated with take-off and landing, but does not include aprons. (aire de manoeuvre)

  Minister

  Minister means the Minister of Transport. (ministre)

  public service

  public service has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (fonction publique)

  state aircraft

  state aircraft means an aircraft, other than an aircraft operated for commercial purposes, that is owned and operated by the government of a country or the government of a colony, dependency, province, state, territory or municipality of a country. (aéronef d’État)

  transfer date

  transfer date means the date provided for as the transfer date in an agreement between Her Majesty in right of Canada and the Corporation. (date de cession)

  user

  user means an aircraft operator. (usager)

  Work Force Adjustment Directive

  Work Force Adjustment Directive means the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time. (Directive sur le réaménagement des effectifs)

• Marginal note:Same meaning as Aeronautics Act

  (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in subsection 3(1) of the Aeronautics Act.

• Marginal note:Designation of assets

  (3) The Minister may designate any asset that is under the management and control of the Minister and used in connection with the provision of civil air navigation services as a civil air navigation services asset.

• Marginal note:List of designated employees

  (4) The Minister may establish a list setting out the name of every person employed in the public service whom the Minister designates for the purposes of this Act.

• Marginal note:Designation of northern or remote services

  (5) The Minister may, before the transfer date, designate as designated northern or remote services any civil air navigation services that are provided at or in respect of such northern or remote locations as are specified by the Minister.

• Marginal note:Civil air navigation services

  (6) For the purposes of this Act, the introduction, increase, termination or reduction of civil air navigation services means the introduction, increase, termination or reduction of those services, or of any particular service included in the definition air navigation services in subsection (1), in respect of a particular location or airspace.

• Marginal note:Designated northern or remote services

  (7) For the purposes of this Act, the termination or reduction of designated northern or remote services means the termination or reduction of those services, or of any particular civil air navigation services making up those services, in respect of a particular location or airspace.

• Marginal note:Minister of National Defence

  (8) For the purposes of this Act, a person acting under the authority of the Minister of National Defence includes a person who is doing anything for a defence purpose pursuant to a contract or other arrangement with the Department of National Defence or the Canadian Forces.

Her Majesty

Marginal note:Binding on Her Majesty

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