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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

Her Majesty

Marginal note:Binding on Her Majesty

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

Application

Marginal note:Aircraft

 This Act applies in respect of every aircraft in Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

Marginal note:Aeronautics Act

 Nothing in this Act affects the application of the Aeronautics Act.

Marginal note:Authority of Minister of National Defence

 Nothing in this Act derogates from the authority conferred on the Minister of National Defence by the National Defence Act.

PART ICommercialization of Civil Air Navigation Services

Authority to Transfer

Marginal note:Authority to transfer

 The Minister may sell, lease or otherwise transfer the right, title and interest of Her Majesty in right of Canada in designated civil air navigation services assets to the Corporation.

Not Agent of Her Majesty

Marginal note:Not agent of Her Majesty

 For all purposes the Corporation is not an agent of Her Majesty in right of Canada and, when providing civil air navigation services, is not doing so on behalf of Her Majesty in right of Canada.

PART IIProvision of Civil Air Navigation Services

Provision of Services

Marginal note:Obligation to provide services

 Subject to this Act, the Corporation shall, on and after the transfer date, provide all users with the civil air navigation services that the Department of Transport provided immediately before the transfer date and shall do so to the same extent as the services were provided by the Department of Transport.

Marginal note:Prohibition

  •  (1) Subject to subsections (2) to (4), no person, other than the Corporation, shall, on or after the transfer date, provide

    • (a) aeronautical information services,

    • (b) air traffic control services, or

    • (c) specified 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.

  • Marginal note:Exceptions

    (2) A person may do anything mentioned in subsection (1) if

    • (a) the person is acting under the authority of the Minister of National Defence; or

    • (b) the person is doing so with the written consent of the Corporation.

  • Marginal note:Exception — airport air traffic control services

    (3) Where a person was providing airport air traffic control services at an aerodrome immediately before March 14, 1996, the person may provide airport air traffic control services at that aerodrome on and after the transfer date until the person is no longer providing the services at the aerodrome.

  • Marginal note:Exception — aeronautical information services

    (4) A person may provide aeronautical information services if the person is disseminating aeronautical information

    • (a) that was initially disseminated by the Corporation; or

    • (b) that is urgently required for reasons of aviation safety or the safety of the public.

  • Marginal note:Meaning of specified flight information services

    (5) For the purposes of this section, specified flight information services means

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

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

    • (c) the provision of known information concerning ground and air traffic in respect of an aerodrome, where the Corporation is providing that information in respect of that aerodrome.

Designation as Authority for Chicago Convention

Marginal note:Designation of Corporation

 The Corporation is hereby designated as the authority in Canada responsible for providing

  • (a) aeronautical information services for the purposes of Annexes 4 and 15 to the Chicago Convention; and

  • (b) air traffic control services for the purposes of Annex 11 to the Chicago Convention.

Aeronautical Radio Navigation Services

Marginal note:Technical and operational standards

  •  (1) In order to ensure that aeronautical radio navigation services are provided in accordance with technical and operational standards that are consistent and that persons who provide those services have adequate liability insurance in respect of those services, the Corporation may propose technical and operational standards, or the minimum amount of that insurance, to the Minister for inclusion in regulations made under the Aeronautics Act.

  • Marginal note:Recommendation of Minister

    (2) If, after receiving a proposal under subsection (1), the Minister is satisfied that the standards, or the minimum amount of liability insurance, as the case may be,

    • (a) are adequate with respect to aviation safety and the safety of the public,

    • (b) do not impose an undue obligation on providers of aeronautical radio navigation services, and

    • (c) are reasonable, taking into account practices in other countries,

    the Minister shall, after having consulted with interested persons, recommend to the Governor in Council that the standards, or the minimum amount of liability insurance, as the case may be, be incorporated by reference, or specified as the minimum amount of liability insurance, as the case may be, in regulations made under the Aeronautics Act.

  • Marginal note:Publication of standards

    (3) The Corporation shall publish all of its technical and operational standards that are incorporated by reference in regulations made under the Aeronautics Act.

Planning and Management of Airspace

Marginal note:Corporation may plan and manage airspace

 Subject to the Governor in Council’s right under the Aeronautics Act to make regulations respecting the classification and use of airspace and the control and use of aerial routes, the Corporation has the right to plan and manage Canadian airspace and any other airspace in respect of which Canada has responsibility for the provision of air traffic control services, other than airspace under the control of a person acting under the authority of the Minister of National Defence.

Changing Services and Closing Facilities

Marginal note:Corporation may make changes

 The Corporation may, in accordance with this Act but subject to the provisions of the Aeronautics Act and of any regulations made under that Act that relate to aviation safety or the safety of the public,

  • (a) introduce or increase civil air navigation services;

  • (b) terminate or reduce civil air navigation services; and

  • (c) close or relocate facilities used by it in connection with civil air navigation services.

Marginal note:Notice of changes

  •  (1) Where the Corporation proposes to do anything mentioned in section 14 and, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the proposal is likely to affect a significant group of users in a material way, the Corporation shall give notice of the proposal in accordance with this section.

  • Marginal note:Contents of notice

    (2) The notice must

    • (a) set out the particulars of the proposal; and

    • (b) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice.

  • Marginal note:How notice is to be given

    (3) The Corporation shall send, by mail or by electronic means, a copy of the notice to

    • (a) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the proposal, and

    • (b) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act,

    and, after having done so, the Corporation shall post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet.

Marginal note:When proposal can be implemented

 Where a notice is required to be given under section 15 in respect of anything mentioned in section 14, the Corporation may only do that thing after 60 days have expired since the day the notice was posted in accordance with subsection 15(3).

 
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