Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2020-07-15 and last amended on 2017-12-12. Previous Versions

PART IIICharges for Air Navigation Services (continued)

Changing Charges

Marginal note:Notice of new or revised charge

  •  (1) Where the Corporation proposes to establish a new charge for air navigation services or revise an existing charge, it 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;

    • (b) specify that a document containing more details about the proposal, including a justification for the proposal in relation to the charging principles set out in section 35, can be obtained from the Corporation on request; and

    • (c) 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 new or revised charge, 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 file a copy of the notice with the Agency.

Marginal note:Announcement of new or revised charge

  •  (1) Before imposing a new charge for air navigation services or a revised charge, other than a new or revised charge approved by the Minister under section 39, the Corporation shall make an announcement in accordance with this section.

  • Marginal note:Charge may be different

    (2) A new or revised charge set out in an announcement may be different from the charge as proposed in the notice required under section 36 if, based on reasonable and prudent projections, the total annual revenue to be generated by the announced charge is no greater than the total annual revenue to be generated by the charge as proposed in the notice.

  • Marginal note:Contents of announcement

    (3) The announcement must

    • (a) set out the new or revised charge;

    • (b) specify when the new or revised charge will become effective;

    • (c) contain a statement that the charge may be appealed on application to the Agency; and

    • (d) where subsection (2) applies,

      • (i) specify that the charge set out in the announcement is different from the charge as proposed in the notice required under section 36,

      • (ii) specify that the total annual revenue to be generated by the charge set out in the announcement is no greater than the total annual revenue that would have been generated by the charge as proposed in the notice, and

      • (iii) state that details in relation to the Corporation’s projection of the revenues referred to in subparagraph (ii) can be obtained from the Corporation on request.

  • Marginal note:How announcement is to be made

    (4) 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 new or revised charge, 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 file a copy of the announcement with the Agency.

  • Marginal note:Time for making announcement

    (5) The announcement may only be made after 60 days have expired since the day the notice required under section 36 was filed with the Agency.

Marginal note:When charge can be imposed

 The Corporation may only impose a new charge for air navigation services or a revised charge, other than a new or revised charge approved by the Minister under section 39, after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.

Special Approval of Charges

Marginal note:Submission of charge to Minister

  •  (1) At any time during the two years immediately after the transfer date, the Corporation may, after having

    • (a) filed with the Agency a notice under section 36 of a proposed new charge for air navigation services or a revised charge, and

    • (b) considered any representations made to it,

    submit the proposed new or revised charge to the Minister for the Minister’s approval.

  • Marginal note:Copies of representations

    (2) On submitting a proposed new or revised charge to the Minister, the Corporation shall provide the Minister with a copy of all written representations made to it concerning the proposed new or revised charge.

  • Marginal note:Determination by Minister

    (3) After receiving a submission in respect of a proposed new or revised charge, the Minister shall, within 30 days, determine whether the charge is consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8).

  • Marginal note:Where Minister is satisfied

    (4) Where the Minister determines that a proposed new or revised charge is consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8), the Minister shall approve the proposal and immediately notify the Corporation in writing of the approval.

  • Marginal note:Corporation may modify proposal

    (5) Where the Minister determines that a proposed new or revised charge is not consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8), the Minister shall, immediately, in writing,

    • (a) inform the Corporation of the Minister’s determination, and

    • (b) specify the reasons why the proposal is not consistent with those charging principles in sufficient detail to enable the Corporation to modify its proposal so as to make it consistent with those charging principles without affecting projected total annual revenues

    and, if the Corporation modifies its proposal to the Minister’s satisfaction, the Minister shall approve the modified proposal and immediately notify the Corporation in writing of the approval.

Marginal note:Announcement of approved charge

  •  (1) Before imposing a new or revised charge that the Minister has approved under section 39, the Corporation shall make an announcement in accordance with this section.

  • Marginal note:Contents of announcement

    (2) The announcement must

    • (a) set out the new or revised charge; and

    • (b) specify when the new or revised charge 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 new or revised charge, 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 file a copy of the announcement with the Agency.

Marginal note:When approved charge can be imposed

 The Corporation may only impose a new or revised charge that has been approved by the Minister under section 39 after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.

 
Date modified: