Marginal note:Prohibition — persons and goods
21 (1) If a direction made under section 9 requires a person to be screened, that person must not enter or remain in an aircraft or sterile area unless the person permits a screening, or screenings, to be carried out as required by the direction, of
Marginal note:Prohibition — air carriers
(2) If a direction made under section 9 requires a person to be screened, an air carrier must not transport that person unless they have been screened in accordance with the direction.
22 A person must not wilfully obstruct any person who is exercising or performing their powers, duties or functions under this Act.
Offences and Punishment
23 (1) Every person who contravenes section 6, 20 or 21 or a direction made under section 9 or any provision of any regulation made under this Act is guilty of an offence punishable on summary conviction.
Marginal note:Contravention of section 22
(2) Every person who contravenes section 22 is guilty of
Marginal note:Punishment — individuals
(3) An individual who is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.
Marginal note:Punishment — corporations
(4) A corporation that is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $500,000.
Marginal note:Imprisonment precluded in certain cases
(5) If a person is convicted of an offence under this Act punishable on summary conviction, imprisonment must not be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.
Marginal note:Recovery of fines
(6) If a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction must be registered in the court and when registered has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.
Marginal note:Recovery of costs and charges
(7) All reasonable costs and charges attendant on the registration of the conviction are recoverable in the same manner as if they had been registered as part of the conviction.
24 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.
Marginal note:Limitation period
25 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
26 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
27 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.
Marginal note:Powers to enter, seize and detain
(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
Marginal note:No offence
29 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
30 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
31 (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
Marginal note:Exemption from Statutory Instruments Act
32 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.
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