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

Marginal note:Crediting amounts

• 52 (1) Each time a user who is entitled to a refund under an order of the Agency is charged by the Corporation for air navigation services, the Corporation shall credit the user an amount not less than 10% of the charge, until the entire amount owing to the user is refunded.

• Marginal note:Two year maximum

  (2) The Corporation shall refund the entire amount owing to each user within two years after the date of the order of the Agency.

Marginal note:Decision final

53 A decision of the Agency pursuant to an appeal is final and binding and, notwithstanding any other Act of Parliament, no appeal lies from the decision.

Marginal note:Canada Transportation Act

54 Sections 4, 24, 25.1, 26, 27, 28, 29, 32, 34, 37, 40, 41 and 43 of the Canada Transportation Act do not apply in respect of this Act.

Liability for Payment

Marginal note:Joint and several liability

• 55 (1) The owner and operator of an aircraft are jointly and severally liable for the payment of any charge for air navigation services imposed by the Corporation in respect of the aircraft.

• Marginal note:Meaning of owner

  (2) In subsection (1), owner, in respect of an aircraft, includes

  • (a) the person in whose name the aircraft is registered;

  • (b) a person in possession of an aircraft as purchaser under a conditional sale or hire-purchase agreement that reserves to the vendor the title to the aircraft until payment of the purchase price or the performance of certain conditions;

  • (c) a person in possession of the aircraft as chattel mortgagor under a chattel mortgage; and

  • (d) a person in possession of the aircraft under a bona fide lease or agreement of hire.

Seizure and Detention of Aircraft

Marginal note:Seizure and detention of aircraft

• 56 (1) In addition to any other remedy available for the collection of an unpaid and overdue charge imposed by the Corporation for air navigation services, and whether or not a judgment for the collection of the charge has been obtained, the Corporation may apply to the superior court of the province in which any aircraft owned or operated by the person liable to pay the charge is situated for an order, issued on such terms as the court considers appropriate, authorizing the Corporation to seize and detain any such aircraft until the charge is paid or a bond or other security for the unpaid and overdue amount in a form satisfactory to the Corporation is deposited with the Corporation.

• Marginal note:Application may be ex parte

  (2) An application for an order referred to in subsection (1) may be made ex parte if the Corporation has reason to believe that the person liable to pay the charge is about to leave Canada or take from Canada any aircraft owned or operated by the person.

• Marginal note:Release

  (3) The Corporation shall release from detention an aircraft seized under this section if

  • (a) the amount in respect of which the seizure was made is paid;

  • (b) a bond or other security in a form satisfactory to the Corporation for the amount in respect of which the seizure was made is deposited with the Corporation; or

  • (c) an order of a court directs the Corporation to do so.

Marginal note:Exempt aircraft

• 57 (1) An order under section 56 does not apply if the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated.

• Marginal note:State aircraft are exempt

  (2) State aircraft are exempt from seizure and detention under an order issued under section 56.

PART IVHuman Resources and Labour Relations

Designated Employees

Marginal note:Designated employees who have accepted offer of employment

58 Every designated employee who has accepted an offer of employment from the Corporation before the transfer date ceases to be employed in the Public Service on the expiration of the day immediately before the transfer date.

Marginal note:Designated employees who have not accepted offer of employment

• 59 (1) Subject to section 60, every designated employee who was an indeterminate employee immediately before the transfer date and who did not accept an offer of employment from the Corporation before that date ceases to be employed in the Public Service six months after the designated employee was so designated or earlier if the designated employee so requests.

• Marginal note:Appointments

  (2) A designated employee referred to in subsection (1) is entitled to be appointed, without competition,

  • (a) for a period of one year beginning on the day the designated employee ceases to be employed in the Public Service, and

  • (b) in such order as if the designated employee had been laid off in accordance with section 29 of the Public Service Employment Act,

  to a position in the Public Service for which, in the opinion of the Public Service Commission, the designated employee is qualified.

• Marginal note:Competitions

  (3) A designated employee referred to in subsection (1) is entitled to enter, for a period of one year beginning on the day the designated employee ceases to be employed in the Public Service, any competition for which the designated employee would have been eligible had the designated employee not ceased to be employed in the Public Service.

• Marginal note:Term employees

  (4) Every designated employee who was not an indeterminate employee immediately before the transfer date and who did not accept an offer of employment from the Corporation before that date ceases to be employed in the Public Service on the expiration of the day immediately before the transfer date.

Marginal note:Excuse for not accepting

60 Every designated employee who did not accept an offer of employment from the Corporation before the transfer date and who establishes to the satisfaction of the Minister that the designated employee was unaware of the offer or incapable of indicating an acceptance of the offer is deemed to have accepted the offer before the transfer date and is deemed to be a designated employee referred to in section 58.

Marginal note:Programs that do not apply

61 The following do not apply to designated employees:

• (a) the Work Force Adjustment Directive;

• (b) the Early Departure Incentive Program Order;

• (c) the Retirement Compensation Arrangements Regulations, No. 2; and

• (d) the Executive Employment Transition Policy.

Collective Agreements and Arbitral Awards

Marginal note:Collective agreements and arbitral awards continued

• 62 (1) Every collective agreement or arbitral award that applies to a designated employee referred to in section 58 and that is in force immediately before the transfer date continues in force until its term expires.

• Marginal note:Extended collective agreements continued

  (2) Every collective agreement referred to in subsection (1) that is in force beyond the term of the agreement by virtue of an extension provided for in the collective agreement continues in force until the extension expires.

• Marginal note:Binding effect of continued collective agreements and arbitral awards

  (3) A collective agreement or arbitral award continued under this section is binding on

  • (a) the Corporation, as if it were the employer referred to in the collective agreement or arbitral award;

  • (b) the bargaining agent that is a party to the collective agreement or arbitral award; and

  • (c) the employees of the Corporation in the bargaining unit in respect of which that bargaining agent has been certified.

• Marginal note:Application of Acts

  (4) The Public Service Staff Relations Act and the Public Service Employment Act continue to apply on and after the transfer date in all respects to all matters arising before the transfer date in relation to the interpretation and application of any collective agreement or arbitral award continued under this section, whether or not the collective agreement or arbitral award has expired.

• Marginal note:Grievances — proceedings continued

  (5) Proceedings under Part IV of the Public Service Staff Relations Act that were commenced before the transfer date in respect of a collective agreement or arbitral award continued under this section shall be continued as though the Corporation were the employer referred to in the collective agreement or arbitral award.

• Marginal note:Grievances — proceedings may be commenced

  (6) Where events giving rise to a right to commence proceedings under Part IV of the Public Service Staff Relations Act in respect of a collective agreement or arbitral award continued under this section occurred before the transfer date but the proceedings had not commenced before that date, the proceedings may be commenced on or after the transfer date in accordance with the collective agreement or arbitral award and proceeded with as though the Corporation were the employer referred to in the collective agreement or arbitral award.

• Marginal note:Deeming

  (7) For the purposes of subsections (5) and (6), anything done, or not done, by Her Majesty in right of Canada as represented by the Treasury Board is deemed to have been done, or to have not been done, as the case may be, by the Corporation.

• Marginal note:Settlement of differences

  (8) Subsections 57(2) to (6), sections 58 to 66 and subsection 67(5) of the Canada Labour Code apply in respect of differences concerning the interpretation, application, administration or alleged violation of any collective agreement or arbitral award continued by this section that arise on or after the transfer date between

  • (a) the Corporation and the bargaining agent that is a party to the collective agreement or arbitral award; or

  • (b) the Corporation and employees of the Corporation bound by the collective agreement or arbitral award.

• Marginal note:Deeming

  (9) A collective agreement or arbitral award continued by this section is deemed to be a collective agreement within the meaning of section 49 of the Canada Labour Code, and Part I of that Act, other than section 80, applies in respect of the renewal or revision of the collective agreement or the entering into of a new collective agreement.

Marginal note:Expired collective agreements or arbitral awards

• 63 (1) Where a collective agreement or arbitral award that applied to a designated employee referred to in section 58 has expired and has not been renewed, revised or replaced before the transfer date,

  • (a) the Public Service Staff Relations Act and the Public Service Employment Act continue to apply in all respects to all matters arising before the transfer date in relation to the interpretation and application of the collective agreement or arbitral award or any of the terms and conditions of employment applicable pursuant to section 52 of the Public Service Staff Relations Act to the employees of the Corporation represented by the bargaining agent bound by the collective agreement or arbitral award;

  • (b) subsections 57(2) to (6), sections 58 to 66 and subsection 67(5) of the Canada Labour Code apply in all respects to all matters arising on or after the transfer date in relation to the interpretation and application of any term, condition, right or privilege continued under paragraph 50(b) of that Act; and

  • (c) subject to this section, the provisions of Part I of the Canada Labour Code, other than section 80, apply with respect to the renewal or revision of the collective agreement or the entering into of a new collective agreement.

• Marginal note:Grievances

  (2) Proceedings under Part IV of the Public Service Staff Relations Act that were commenced before the transfer date in respect of a collective agreement, arbitral award or terms and conditions of employment mentioned in subsection (1) shall be continued as though the Corporation were the employer referred to in the collective agreement or arbitral award or bound by the terms and conditions of employment.

• Marginal note:Grievances — proceedings may be commenced

  (3) Where events giving rise to a right to commence proceedings under Part IV of the Public Service Staff Relations Act in respect of a collective agreement, arbitral award or terms and conditions of employment mentioned in subsection (1) occurred before the transfer date but the proceedings had not commenced before that date, the proceedings may be commenced on or after the transfer date and be proceeded with as though the Corporation were the employer referred to in the collective agreement or arbitral award or bound by the terms and conditions of employment.

• Marginal note:Deeming

  (4) For the purposes of subsections (2) and (3), anything done, or not done, by Her Majesty in right of Canada as represented by the Treasury Board is deemed to have been done, or to have not been done, as the case may be, by the Corporation.

• Marginal note:Corporation deemed employer for arbitration purposes

  (5) The Corporation is deemed to be the employer referred to in any collective agreement or arbitral award mentioned in subsection (1) for the purposes of the conduct of any proceedings under Part I of the Canada Labour Code in relation to the matters referred to in paragraph (1)(b).

• Marginal note:Notice to bargain

  (6) Subject to subsection (7), for the purposes of paragraph (1)(c), a notice to bargain collectively is deemed to have been given under Part I of the Canada Labour Code on the transfer date.

• Marginal note:Notice to bargain

  (7) For the purposes of paragraph (1)(c), a notice to bargain collectively given under section 50 of the Public Service Staff Relations Act in respect of a collective agreement or arbitral award is deemed to have been given under Part I of the Canada Labour Code on the day it was given.

• Marginal note:Where arbitration in progress

  (8) Where arbitration has been requested under section 64 of the Public Service Staff Relations Act before the transfer date in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58 and no arbitral award has been made, the arbitration shall be continued in accordance with that Act.

• Marginal note:Collective agreement or arbitral award resulting from arbitration

  (9) A collective agreement or arbitral award referred to in subsection 66(2) of the Public Service Staff Relations Act made in consequence of arbitration continued under subsection (8) is binding on

  • (a) the Corporation, as if it were the employer referred to in the collective agreement or arbitral award,

  • (b) the bargaining agent that is a party to the collective agreement or arbitral award, and

  • (c) the employees of the Corporation in the bargaining unit in respect of which that bargaining agent has been certified,

  and subsections 62(8) and (9) apply, with such modifications as the circumstances require, in respect of the collective agreement or arbitral award as if it were a collective agreement or arbitral award referred to in those subsections.

• Marginal note:Where conciliation in progress

  (10) Where a conciliation board has been established under section 77 of the Public Service Staff Relations Act before the transfer date in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58 and the conciliation board has not made a report to the Chairperson of the Public Service Staff Relations Board,

  • (a) the conciliation shall be continued in accordance with that Act; and

  • (b) on the expiration of seven days after the receipt by the Chairperson of the report of the conciliation board, the requirements of subsection 89(1) of the Canada Labour Code are deemed to have been met in respect of the employees of the Corporation in the bargaining unit represented by the bargaining agent that is a party to the dispute.

• Marginal note:Where conciliation completed

  (11) Where a conciliation board has been established under section 77 of the Public Service Staff Relations Act before the transfer date in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58 and the conciliation board has made a report to the Chairperson of the Public Service Staff Relations Board, but seven days have not elapsed since the Chairperson received the report, the requirements of subsection 89(1) of the Canada Labour Code are deemed to have been met on the expiration of those seven days in respect of the employees of the Corporation in the bargaining unit represented by the bargaining agent that is a party to the dispute.

• Marginal note:Where conciliation board refused

  (12) Where the Chairperson of the Public Service Staff Relations Board has, in respect of a dispute arising in connection with the conclusion, renewal or revision of a collective agreement that applies to a designated employee referred to in section 58, notified the parties to the dispute pursuant to section 77 of the Public Service Staff Relations Act before the transfer date of the Chairperson’s intention not to establish a conciliation board and the agreement has not been renewed, revised or replaced, the notification is deemed to have been given under paragraph 72(1)(d) of the Canada Labour Code on the day it was given.

• Marginal note:Right to strike preserved

  (13) Where designated employees referred to in section 58 are members of a bargaining unit represented by a bargaining agent that immediately before the transfer date had the right to declare or authorize a strike in respect of that bargaining unit, the requirements of subsection 89(1) of the Canada Labour Code are deemed to have been met in respect of the bargaining unit.