Security Screening Services Commercialization Act (S.C. 2019, c. 29, s. 270)
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Act current to 2024-10-30
Charges (continued)
Imposition and Establishment (continued)
Marginal note:Withdrawal of proposal
30 (1) The designated screening authority may withdraw a proposal to establish, revise or terminate a charge, other than a proposal referred to in any of sections 27, 28 and 60.
Marginal note:Limitation
(2) The designated screening authority may
(a) withdraw a proposal to establish or increase a charge no later than the earlier of
(i) the day on which the Agency makes a determination under section 32, and
(ii) the 30th day before the day on which the charge would take effect; and
(b) withdraw any other proposal no later than the 30th day before the day on which the charge or its termination would take effect.
Marginal note:Notice of withdrawal
(3) The designated screening authority must publish a notice of the withdrawal and provide the Agency with a copy. If the designated screening authority is withdrawing a proposal to revise or terminate a charge, the notice of withdrawal must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount.
Marginal note:Effect of withdrawal
(4) If the designated screening authority withdraws a proposal, the proposed charge or termination does not take effect.
Notice of Objection
Marginal note:Notice of objection — paragraph 24(1)(a)
31 (1) Any interested person may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in paragraph 24(1)(a), file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles.
Marginal note:Notice of objection — paragraph 24(1)(b)
(2) A person who will be required to pay a charge referred to in paragraph 24(1)(b) or a person in respect of whom the charge will be imposed may, within 30 days after the day on which the designated screening authority publishes a notice of a proposal to establish or increase a charge referred to in that paragraph, file a notice of objection with the Agency, in the form and manner determined by the Agency, on the grounds that the designated screening authority did not observe one or more of the charging principles.
Marginal note:Exception
(3) Subsections (1) and (2) do not apply in respect of a proposal to establish or increase a charge if the designated screening authority published a notice of the proposal in accordance with subsection 27(5) or the Minister approved the proposal under section 28 or 60.
Marginal note:Contents of notice of objection
(4) A notice of objection must include the reasons for which the person filing the notice considers that the designated screening authority did not observe the charging principles.
Marginal note:Notification by Agency
(5) As soon as feasible after beginning a review of a proposal, the Agency must notify the Minister and the designated screening authority that it is reviewing the proposal.
Marginal note:Determination by Agency
32 (1) If a notice of objection is filed with the Agency, the Agency must determine whether the designated screening authority observed all of the charging principles.
Marginal note:Time limit
(2) The Agency must make a determination as expeditiously as possible but no later than 90 days after the day on which the first notice of objection was filed.
Marginal note:Proposal rejected
(3) If the Agency determines that the designated screening authority did not observe the charging principles, the Agency must reject the proposal and the proposed charge does not take effect.
Marginal note:Notice of rejection
(4) As soon as feasible after it is informed that the Agency rejected a proposal, the designated screening authority must publish a notice indicating that the proposal has been rejected. If the proposal was to increase a charge, the notice must include a statement that the amount of the charge that was in effect before the designated screening authority published a notice of the proposal under section 29 continues to be in effect and set out that amount.
Marginal note:Proposal approved
(5) If the Agency determines that the designated screening authority observed the charging principles, the Agency must approve the proposal and the charge takes effect on the date specified in the notice published under section 29.
Marginal note:Determination and reasons
(6) The Agency must give its determination and the reasons for it in writing.
Marginal note:Copy to Minister
(7) The Agency must provide the Minister with a copy of its determination and the reasons for it immediately after the determination is made.
General Provisions
Marginal note:Confidential information
33 The Agency must take any measures necessary to maintain the confidentiality of any commercial, financial, scientific or technical information provided to the Agency in respect of a proceeding under this Act if the information has consistently been treated as confidential by any interested person or entity.
Marginal note:No mediation
34 Section 36.1 of the Canada Transportation Act does not apply to a proceeding before the Agency under this Act.
Marginal note:Determination final
35 A determination made by the Agency under this Act is final and sections 32, 40 and 41 of the Canada Transportation Act do not apply in respect of it.
Marginal note:No policy directions issued to Agency
36 Sections 24 and 43 of the Canada Transportation Act do not apply in respect of the powers, duties and functions of the Agency under this Act.
Collection and Remittance
Marginal note:Duty to collect
- The following provision is not in force.
37 (1) An air carrier must collect, on behalf of the designated screening authority, a charge imposed under paragraph 24(1)(a) at the time a ticket is issued by or on behalf of the air carrier.
- The following provision is not in force.
Marginal note:Requirement
(2) A charge that is collected under subsection (1) must be identified on the ticket as a separate charge.
Marginal note:Duty to remit
38 An air carrier that collects a charge under section 37 must remit the charge, in its entirety, to the designated screening authority within any reasonable time and in any reasonable manner specified by the designated screening authority.
Marginal note:Charge revised after paid
39 If the amount of a charge imposed under paragraph 24(1)(a) increases after the day on which it is paid by or in respect of a passenger, no additional amount is required to be paid. If the amount of a charge decreases or the charge is terminated after that day, a refund is not required to be issued.
Marginal note:Refund
40 The designated screening authority may refund a charge imposed under paragraph 24(1)(a). The payment of any refund may only be made, on behalf of the designated screening authority, by the air carrier that collected the charge.
Seizure and Detention of Aircraft
Marginal note:Seizure and detention of aircraft
- The following provision is not in force.
41 (1) In addition to any other remedy available for the collection of charges that an air carrier has failed to collect in accordance with section 37 or remit to the designated screening authority in accordance with section 38 and whether or not a judgment for the collection of the charges has been obtained, the designated screening authority may apply to the superior court of the province in which any aircraft owned or operated by the air carrier liable to collect and remit the charges is situated for an order, issued on any terms that the court considers appropriate, authorizing the designated screening authority to seize and detain that aircraft until the charges are remitted or a bond, suretyship or other security for the unpaid and overdue amount in a form satisfactory to the designated screening authority is deposited with the designated screening authority.
- The following provision is not in force.
Marginal note:Application ex parte
(2) An application for an order referred to in subsection (1) may be made ex parte if the designated screening authority has reason to believe that the air carrier is about to take from Canada any aircraft owned or operated by it.
- The following provision is not in force.
Marginal note:Release
(3) The designated screening authority must release from detention an aircraft seized under this section if
- The following provision is not in force.
(a) the amount in respect of which the seizure was made is paid;
- The following provision is not in force.
(b) a bond, suretyship or other security in a form satisfactory to the designated screening authority for the amount in respect of which the seizure was made is deposited with the designated screening authority; or
- The following provision is not in force.
(c) an order of a superior court directs the designated screening authority to do so.
Marginal note:Exempt aircraft
- The following provision is not in force.
42 (1) An order issued under section 41 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.
- The following provision is not in force.
Marginal note:State aircraft are exempt
(2) State aircraft are exempt from seizure and detention under an order issued under section 41.
Enforcement
Marginal note:Court order — section 12
43 On application by a current or former member, director or officer of the designated screening authority or any other person who, in the discretion of the court, is a proper person to make an application, a superior court may, if it is satisfied that the designated screening authority has contravened any of subsections 12(1) to (3), make any order that it considers appropriate in the circumstances, including an order requiring the designated screening authority to amend its articles of incorporation or by-laws or an order appointing directors in place of any of the directors then in office.
Marginal note:Court order — direction
44 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening a direction issued under subsection 16(1), make an order directing the designated screening authority to comply with the direction. The court may also make any other order that it considers appropriate in the circumstances.
Marginal note:Court order — subsection 18(1)
45 On application by any person, a superior court may, if it is satisfied that the designated screening authority is contravening subsection 18(1), make an order directing the designated screening authority to comply with that subsection. The court may also make any other order that it considers appropriate in the circumstances.
Marginal note:Offence — section 23
46 Every person who contravenes section 23 is guilty of an offence punishable on summary conviction and is liable
- The following provision is not in force.
(a) in the case of an individual, to a fine of not more than $5,000; or
- The following provision is not in force.
(b) in the case of a corporation, to a fine of not more than $25,000 for each day or part of a day that the offence continues.
Marginal note:Offence — direction
- The following provision is not in force.
47 (1) If the designated screening authority contravenes a direction issued under subsection 16(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.
Marginal note:Offence — subsection 29(1)
(2) If the designated screening authority contravenes subsection 29(1), it is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 for each day or part of a day that the offence continues.
- Date modified: