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Secure Air Travel Act (S.C. 2015, c. 20, s. 11)

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Offences and Punishment (continued)

Marginal note:Defence

 A person is not to be found to have contravened a provision of this Act, other than section 22, or of its regulations, or a direction made under section 9, if the person exercised all due diligence to prevent the contravention.

Prosecution

Marginal note:Limitation period

 No proceedings by way of summary conviction under this Act are to be instituted after 12 months from the day on which the subject matter of the proceedings arose.

Marginal note:Proof of documents

 In any action or proceeding under this Act, any document purporting to be certified by the Minister or the Minister of Transport to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

  • (a) of the original document of which it purports to be a copy;

  • (b) of the fact that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and

  • (c) of the fact that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

Marginal note:Document entries as proof

 In any action or proceeding under this Act, an entry in any record required under any provision of this Act or its regulations to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record.

Inspection Powers

Marginal note:Powers to enter, seize and detain

  •  (1) The Minister of Transport may

    • (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the Canadian Air Transport Security Authority, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and

    • (b) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, for copying.

  • Marginal note:Operation of computer systems and copying equipment

    (2) In carrying out an inspection or audit in any place referred to in paragraph (1)(a), the Minister of Transport may

    • (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

    • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

  • Marginal note:Search warrants

    (3) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.

Marginal note:No offence

 A person authorized by the Minister of Transport to verify compliance with the provisions of this Act or its regulations or with directions made under section 9 or to test the effectiveness of equipment, systems and processes used with respect to the list does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of this Act or its regulations.

Marginal note:Duty to assist Minister

 The owner or person who is in possession or control of a place that is inspected or audited under subsection 28(1) and every person who is found in the place must

  • (a) give the Minister of Transport all reasonable assistance to enable him or her to carry out the inspection or audit and exercise any power conferred on him or her under that subsection; and

  • (b) provide the Minister of Transport with any information that is reasonably required for the purpose of exercising or performing his or her powers, duties or functions under this Act.

Marginal note:Compliance order

  •  (1) If the Minister of Transport is of the opinion that an air carrier has failed to comply with any provision of this Act or its regulations or with any direction made under section 9, that Minister may order any person to do, or to refrain from doing, anything that, in that Minister’s opinion, is reasonable and necessary to do or refrain from doing in order to ensure compliance and may make orders respecting, in particular

    • (a) the movement of aircraft or persons at aerodromes or other aviation facilities; and

    • (b) the diversion of aircraft to alternate landing sites.

  • Marginal note:Exemption from Statutory Instruments Act

    (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations for the purpose of the administration and enforcement of this Act, including regulations

  • (a) respecting the verification of air passenger identity;

  • (b) respecting the use and protection of directions made under section 9 and the use and protection of information provided by the Minister, the Minister of Transport or the Canada Border Services Agency to air carriers and to operators of aviation reservation systems;

  • (c) prohibiting an air carrier from transporting a passenger in circumstances in which the passenger does not resemble their identification; and

  • (d) prescribing anything that may be prescribed under this Act.

Transitional Provision

Marginal note:Section 16

 Section 16 applies to any decision in respect of a listed person made before the day on which this Act comes into force

  • (a) by the Minister under paragraph 4.81(1)(b) of the Aeronautics Act following the transfer of the Minister of Transport’s powers, duties and functions to the Minister by Order in Council P.C. 2011-34 of February 1, 2011, registered as SI/2011-10; or

  • (b) by the Minister of Transport under section 4.76 of the Aeronautics Act.

 
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