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

Act current to 2020-07-28 and last amended on 2017-12-12. Previous Versions

PART VIControl and Enforcement (continued)

Enforcement (continued)

Marginal note:Refusal to work

 Any emergency flight support employee who, during a work stoppage, refuses to perform any duties required to be performed by that employee under an emergency support agreement is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 for each day or part of a day the employee refuses to perform those duties.

Marginal note:Hindering Corporation

  •  (1) Any officer or representative of the Corporation, any employee of the Corporation, any trade union that represents employees of the Corporation and any officer, representative or employee of such a trade union who obstructs or hinders the provision of civil air navigation services to a humanitarian or emergency flight by the Corporation, is guilty of an offence punishable on summary conviction and liable to a fine in accordance with subsection (3) for each day or part of a day the offence continues.

  • Marginal note:Hindering Minister of National Defence

    (2) Where the Corporation or any officer or representative of the Corporation, any employee of the Corporation, any trade union that represents employees of the Corporation or any officer, representative or employee of such a trade union obstructs or hinders a person acting under the authority of the Minister of National Defence from having access to facilities of the Corporation to which the person normally has access for the purposes of the person’s normal duties, the Corporation or that person is guilty of an offence punishable on summary conviction and liable to a fine in accordance with subsection (3) for each day or part of a day the offence continues.

  • Marginal note:Fine

    (3) For the purposes of subsections (1) and (2), the fine for each day or part of a day the offence continues is

    • (a) $100,000, in the case of the Corporation or a trade union;

    • (b) $50,000, in the case of a person acting in the capacity of an officer or representative of the Corporation or of a trade union when the offence was committed; or

    • (c) $5,000, in any other case.

  • Marginal note:Trade unions

    (4) For the purposes of this section, a trade union is deemed to be a person.

Marginal note:No imprisonment

 Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under this Act.

Marginal note:Recovery of fines

 Where a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.

Marginal note:Certificate as evidence

 If in any proceedings under this Act a question arises as to

  • (a) whether an asset is a designated civil air navigation services asset,

  • (b) whether civil air navigation services were provided by the Department of Transport before the transfer date, or

  • (c) the amount of any charge that was imposed immediately before the transfer date for the provision of civil air navigation services by the Minister,

a certificate purporting to have been issued by or under the authority of the Minister stating any fact relevant to the question shall be received and is admissible in evidence in those proceedings without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the fact so stated.

PART VIIGeneral

Official Languages

Marginal note:Official Languages Act applies

 The Official Languages Act applies to the Corporation as if it were a federal institution.

Authority to Provide Services

Marginal note:Authority to provide services

 Where a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to any other department in, or other portion of, the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Corporation if it considers it appropriate to do so.

  • 1996, c. 20, s. 97
  • 2003, c. 22, s. 151

PART VIIIFinancial Arrangements

Marginal note:Transition period payments

  •  (1) The Minister may enter into an agreement with the Corporation regarding transition period payments by Her Majesty in right of Canada to the Corporation collateral to the transfer, by sale, lease or otherwise, authorized by section 7.

  • Marginal note:Appropriation

    (2) There is hereby appropriated the sum of $1,440,000,000 to be paid out of the Consolidated Revenue Fund from time to time as required for the purposes of subsection (1).

  • Marginal note:Lapsing

    (3) The appropriation referred to in subsection (2) lapses two years after the transfer date.

PART IXRelated, Consequential and Conditional Amendments and Coming into Force

Related and Consequential Amendments

 [Amendments]

Conditional Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote * Sections 11, 13 and 100 come into force on the transfer date.

 
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