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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 IIProvision of Civil Air Navigation Services (continued)

Changing Services and Closing Facilities (continued)

Marginal note:Order under s. 4.91(1) of the Aeronautics Act

 Sections 15 and 16 do not apply if the Corporation is increasing civil air navigation services in order to comply with an order made under subsection 4.91(1) of the Aeronautics Act.

Designated Northern or Remote Services

Marginal note:Notice of termination or reduction

  •  (1) Where the Corporation proposes to terminate or reduce designated northern or remote services 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 or residents 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, including whether civil air navigation services are going to be introduced as a result of the termination or reduction; 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

    • (a) send, by mail or by electronic means, a copy of the notice to

      • (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the termination or reduction of services, and

      • (ii) 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

    • (b) 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,

    and, after having done so, the Corporation shall send, by mail or by electronic means, a copy of the notice to the government of every province affected by the termination or reduction.

Marginal note:Rejection of proposal

  •  (1) Subject to sections 20 to 22, where a notice is required to be given under section 18 in respect of a proposal to terminate or reduce designated northern or remote services, the Corporation may only implement the proposal if, within 45 days after sending the notice to the government of the provinces affected by the proposal, the Corporation is not notified in writing that the government of any province affected by the proposal, or users, have rejected it.

  • Marginal note:Rejection by users

    (2) For the purposes of this section and section 20, users are deemed to have rejected a proposal if users accounting for at least one third of the revenues received by the Corporation in respect of civil air navigation services at the nearest aerodrome in the 12 months immediately before the day the notice required under section 18 was sent to the government of the provinces affected by the termination or reduction, indicate their disapproval of the proposal in writing.

Marginal note:Minister may approve proposal

  •  (1) Where

    • (a) the government of a province affected by a proposal to terminate or reduce designated northern or remote services has rejected the proposal, or

    • (b) users have rejected the proposal,

    the Corporation may implement the proposal if the Minister approves it in writing and the Corporation complies with sections 21 and 22.

  • Marginal note:No compensation

    (2) The Corporation is not entitled to financial compensation for any financial loss that results or may result from the Minister’s not approving a proposal.

Marginal note:Announcement of termination or reduction

  •  (1) Before implementing a proposal to terminate or reduce designated northern or remote services in respect of which a notice is required to be given under section 18, the Corporation shall make an announcement in accordance with this section.

  • Marginal note:Contents of announcement

    (2) The announcement must

    • (a) set out the particulars of the termination or reduction, including whether civil air navigation services are going to be introduced as a result of the termination or reduction; and

    • (b) specify when the termination or reduction will become effective.

  • Marginal note:How announcement is to be made

    (3) The Corporation shall

    • (a) send, by mail or by electronic means, a copy of the announcement to

      • (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the termination or reduction, and

      • (ii) 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

    • (b) post an electronic version of the announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,

    and, after having done so, the Corporation shall send, by mail or by electronic means, a copy of the announcement to the government of every province affected by the termination or reduction.

  • Marginal note:Time for making announcement

    (4) The announcement may only be made after 60 days have expired since the day the notice required under section 18 was sent to the government of the provinces affected by the termination or reduction.

Marginal note:When proposal can be implemented

 The Corporation may only implement a proposal to terminate or reduce designated northern or remote services after 10 days have expired since the day the announcement required under section 21 was sent to the government of the provinces affected by the termination or reduction.

Level of Service Policies

Marginal note:Policies to be established

  •  (1) The Corporation shall, within one year after the transfer date, establish policies consistent with this Act concerning the levels of civil air navigation services it provides.

  • Marginal note:Application of policy

    (2) Subject to this Act, the Corporation shall apply its level of service policies in a consistent manner.

  • Marginal note:Revising policies

    (3) The Corporation may revise its level of service policies from time to time.

  • Marginal note:Publication

    (4) The Corporation shall publish the level of service policies established or revised under this section.

  • Marginal note:Provision of services in excess of policy levels

    (5) Where civil air navigation services are requested in excess of the levels provided for in the level of service policies, the Corporation is not required to provide those additional services unless the person requesting them establishes through written evidence that a majority of the users who will be affected in a material way by the provision of the additional services agree to the provision of the additional services.

  • Marginal note:Affected users

    (6) For the purpose of subsection (5), a user shall be considered to be affected by the provision of additional services only if, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the user is likely to use the additional services, pay more for the service that is to be increased or experience a change in service as a result of the provision of the additional services.

  • Marginal note:Prior notice

    (7) Before establishing level of service policies or revising those policies, the Corporation shall give notice of its proposal to establish or revise the policies, as the case may be, in accordance with subsections 15(2) and (3).

Directions

Marginal note:Directions — northern or remote locations

  •  (1) The Governor in Council, on the recommendation of the Minister, may give directions in writing to the Corporation to provide civil air navigation services at or in respect of northern or remote locations designated in the directions.

  • Marginal note:Directions — international agreements

    (2) Where Canada must, pursuant to an international agreement, provide civil air navigation services in a certain manner or to a certain extent, the Governor in Council, on the recommendation of the Minister, may give directions in writing to the Corporation requiring it to provide the civil air navigation services in that manner or to that extent.

  • Marginal note:Directions — national security

    (3) The Governor in Council, on the recommendation of the Minister of National Defence, may give directions in writing to the Corporation to provide civil air navigation services if the Governor in Council is of the opinion that it is in the interest of national security to do so.

 
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