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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 IIICharges for Air Navigation Services (continued)

Appeal of Charges

Marginal note:Appeals

  •  (1) Subject to this Act, charges by the Corporation for air navigation services may be appealed to the Agency.

  • Marginal note:No appeal

    (2) No appeal may be made in respect of a charge imposed by the Corporation pursuant to section 33 or 41.

Marginal note:Grounds

 An appeal may only be made on one or more of the following grounds:

  • (a) that one or more of the charging principles set out in section 35 have not been observed in establishing the charge;

  • (b) that the notice requirements in section 36 have not been complied with;

  • (c) that the announcement requirements in section 37 have not been complied with; and

  • (d) where subsection 37(2) applies, that, based on reasonable and prudent projections, the total annual revenue to be generated by the announced charge is greater than the total annual revenue to be generated by the charge as proposed in the notice.

Marginal note:Who may appeal

 An appeal may be made by any user, group of users or representative organization of users.

Marginal note:Time for making appeal

  •  (1) Subject to subsections (2) and (3), an appeal must be made within 30 days after the day the announcement required by section 37 in respect of the charge that is the subject of the appeal was filed with the Agency.

  • Marginal note:No notice

    (2) Where no notice has been given under section 36 but an announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge must be made within 180 days after the announcement was filed with the Agency.

  • Marginal note:No announcement

    (3) Where no announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge may be made at any time.

Marginal note:Effect of appeal

 An appeal does not prevent the charge that is the subject of the appeal from becoming effective or prevent the Corporation from imposing the charge pending the outcome of the appeal, and the Agency may not make an order that prevents the charge from becoming effective or the Corporation from imposing the charge.

Marginal note:Form of appeal

 An appeal must be made in the form and manner specified by the Agency.

Marginal note:Time for deciding appeal

 The Agency shall decide an appeal as expeditiously as possible, but no later than 60 days after it is made, unless the Agency is of the opinion that there are special circumstances involved in the determination of the appeal, in which case the Agency has a further 30 days to decide the appeal.

Marginal note:Notification of decision

 At the conclusion of an appeal, the Agency shall provide the parties to the appeal with written reasons for its decision.

Marginal note:Preponderance of evidence

 The Agency shall only decide to allow an appeal based on the failure of the Corporation to observe a charging principle if it is satisfied on a preponderance of the evidence that the Corporation failed to observe that charging principle.

Marginal note:Order — charging principles not observed or no notice or announcement

  •  (1) Where the Agency’s decision is that one or more of the charging principles set out in section 35 have not been observed in establishing a new charge or revising an existing charge or that no notice under section 36 was given or no announcement under section 37 was made in respect of a new or revised charge, the Agency shall, as the case may be,

    • (a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or

    • (b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge.

  • Marginal note:Order — notice or announcement requirements not met

    (2) Where the Agency’s decision is that the requirements in section 36 or 37 have not been fully complied with in respect of a new or revised charge, the Agency may make such order, including an order requiring refunds, as it considers appropriate in the circumstances, having regard to the seriousness of the non-compliance.

  • Marginal note:Order — charge different

    (3) Where the Agency’s decision is that, based on reasonable and prudent projections, the total annual revenue to be generated by a charge set out in an announcement required under section 37 is greater than the total annual revenue to be generated by the charge as proposed in the notice required under section 36, the Agency shall, as the case may be,

    • (a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or

    • (b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge.

  • Marginal note:Manner of refund

    (4) Where the Corporation is ordered to refund amounts, it may do so by way of credit or payment.

Marginal note:Crediting amounts

  •  (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

 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

 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.

  • 1996, c. 20, ss. 54, 108

Liability for Payment

Marginal note:Joint and several liability

  •  (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

  •  (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.

 
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