Prohibition of International Air Services Act (R.S.C., 1985, c. P-25)

Marginal note:Short title

1 This Act may be cited as the Prohibition of International Air Services Act.

Marginal note:Definitions

2 In this Act,

air carrier

air carrier means any person who operates a commercial air service; (transporteur aérien)

aircraft

aircraft means any aircraft other than an aircraft that is used in military, customs or police service; (aéronef)

commercial air service

commercial air service means any use of aircraft for hire or reward. (service aérien commercial)

Marginal note:Binding on Her Majesty

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

Marginal note:Order of Governor in Council

• 4 (1) Where the Minister of Foreign Affairs certifies to the Governor in Council that a state is in default within the meaning of subsection (2), the Governor in Council may, by order, prohibit air carriers from carrying out any one or more of the following activities, having regard to the circumstances:

  • (a) operating a commercial air service between Canada and the defaulting state;

  • (b) where an air carrier is an air carrier of the defaulting state, operating a commercial air service between Canada and any other state;

  • (c) flying across Canadian territory, if the flight is coming from or going to the defaulting state;

  • (d) landing in Canada, if the flight is coming from or going to the defaulting state;

  • (e) where an air carrier is an air carrier of the defaulting state, flying across Canadian territory; and

  • (f) where an air carrier is an air carrier of the defaulting state, landing in Canada.

• Marginal note:When a state is in default

  (2) For the purposes of subsection (1), a state is in default if the state has not extradited or prosecuted any of the parties to an unlawful act or has not permitted the continuation of the journey of the passengers and crew of an aircraft in respect of which an unlawful act has been committed or has not returned an aircraft in respect of which an unlawful act has been committed to the persons lawfully entitled to possession thereof.

• Marginal note:Definition of “unlawful act”

  (3) In subsection (2), an unlawful act means any act by which a person, while on board an aircraft in flight, by force or threat of force, seizes or exercises control over the aircraft or attempts to do so.

• Marginal note:Aircraft in flight

  (4) For the purposes of subsection (3), an aircraft is deemed to be in flight from the time all its external doors are closed following embarkation until such time as one of the doors is opened for disembarkation or, in the case of a forced landing, until such time as the competent authorities take responsibility for the aircraft and the persons and property on board.

Marginal note:Amendment or repeal of order

5 The Governor in Council may amend or repeal any order made under subsection 4(1).

Marginal note:Offence

6 Every air carrier that fails to comply with an order made under subsection 4(1) is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.