Aeronautics Act (R.S.C., 1985, c. A-2)

Marginal note:Failure to pay

7.92 A person who fails to pay the amount of the penalty specified in a notice of violation within the specified time and who does not file a request for a review is deemed to have committed the violation alleged in the notice.

Marginal note:Determination by Tribunal member

8 At the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person alleged to have committed a violation

• (a) that the person has not committed a violation, in which case, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged violation;

• (b) that the person has committed a violation and, subject to any regulations made under paragraph 7.6(1)(b), of the amount that must be paid to the Tribunal by or on behalf of the person and the time within which it must be paid;

• (c) that the person has complied with the assurance of compliance, in which case, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged violation; or

• (d) that the person has not complied with the assurance of compliance, in which case, the member confirms the decision made by the Minister under subsection 7.62(6).

Marginal note:Right of appeal

• 8.1 (1) A person affected by the determination or the Minister may, within thirty days after the determination, appeal a determination made under section 8 to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear an appeal may

  • (a) in the case of a determination made under paragraph 8(a) or (b), dismiss the appeal or allow the appeal and, subject to any regulations made under paragraph 7.6(1)(b), substitute its own decision; or

  • (b) in the case of a determination made under paragraph 8(c) or (d), dismiss the appeal or allow the appeal and substitute its own decision.

• Marginal note:Finding of violation

  (4) After making its decision, the appeal panel shall inform the person and the Minister of its decision without delay and specify the period within which any amount determined by the appeal panel to be payable to the Tribunal is to be paid.

Marginal note:Certificate

8.11 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form prescribed by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required,

• (a) to pay the amount of a penalty set out in a notice of violation, or in a notice of default served under subsection 7.62(6) or 7.902(4), or to file a request for a review under section 7.91;

• (b) to pay an amount set out in a determination made under paragraph 8(b) or in a decision confirmed under paragraph 8(d) or file an appeal under section 8.1; or

• (c) to pay an amount determined under subsection 8.1(4).

Marginal note:Registration of certificate

• 8.2 (1) On production in any superior court, a certificate issued under section 8.11 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by His Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

• Marginal note:Recovery of costs and charges

  (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).

• Marginal note:Amounts received deemed public moneys

  (3) An amount received by the Minister or the Tribunal under this section shall be deemed to be public money within the meaning of the Financial Administration Act.

Marginal note:Records

• 8.3 (1) Any notation of a suspension by the Minister of a Canadian aviation document under this Act or of a penalty imposed in accordance with sections 7.6 to 8.2 shall, on application by the person affected by the suspension or penalty, be removed from the record respecting that person kept by the Minister after the expiration of two years from the date the suspension expires or the penalty amount has been paid unless

  • (a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security; or

  • (b) a suspension or penalty under this Act has been recorded by the Minister in respect of that person after that date.

• Marginal note:Notice of decision

  (2) The Minister shall, as soon as practicable after the receipt of an application under subsection (1), by personal service or by registered or certified mail, notify the applicant of the decision of the Minister in relation thereto.

• Marginal note:Application of certain provisions

  (3) Subsections 7.1(3) to (8) and section 7.2 apply, with any modifications that the circumstances require, in respect of a decision of the Minister referred to in subsection (2).

• Marginal note:Repeat of applications limited

  (4) No application under subsection (1) shall be considered by the Minister within two years from the date of a previous application under that subsection in respect of the same applicant.

Admissibility of Evidence

8.4 [Repealed, 2026, c. 3, s. 492]

8.5 [Repealed, 2026, c. 3, s. 492]

Marginal note:Admissibility of evidence

8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Part, and sections 320.31 to 320.34 of the Criminal Code apply to those proceedings with any modifications that the circumstances require.

Powers to Enter, Seize and Detain

Marginal note:Powers to enter, seize and detain

• 8.7 (1) Subject to subsection (4), the Minister may

  • (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the Canadian Air Transport Security Authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses or controls it;

  • (a.1) 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, copying;

  • (b) enter any place for the purposes of an investigation of matters concerning aviation safety;

  • (c) seize anything found in any place referred to in paragraph (a) or (b) that the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Part or the causes or contributing factors pertaining to an investigation referred to in paragraph (b); and

  • (d) detain any aircraft that the Minister believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner and take reasonable steps to ensure its continued detention.

• Marginal note:Matters relating to defence

  (1.01) The Minister of Transport may exercise the powers set out in subsection (1) with regard to any matter relating to defence with the authorization of the Minister of National Defence.

• Marginal note:Operation of computer systems and copying equipment

  (1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or an investigation under paragraph (1)(b), the Minister 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

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

• Marginal note:Regulations respecting things seized or detained

  (3) The Governor in Council may make regulations respecting

  • (a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c) or aircraft that has been detained under paragraph (1)(d); and

  • (b) the return of the evidence or aircraft to the owner thereof or the person from whom the evidence was seized or who had custody of the aircraft when it was detained.

• Marginal note:Warrant required to enter dwelling-house

  (4) Where any place referred to in subsection 5.7(6) or subsection (1) of this section is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (5).

• Marginal note:Authority to issue warrant

  (5) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act, and

  • (b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the Minister to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (6) In executing a warrant under subsection (5), the Minister shall not use force unless he is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Marginal note:Duty to assist Minister

8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall

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

• (b) provide the Minister with any information relevant to the administration of this Act or the regulations, notices, orders, security measures or emergency directions made under this Part that the Minister may reasonably require.

General

Marginal note:Regulations establishing compensation payable for death or injury

• 9 (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the federal public administration or employed under the direction of any department in the federal public administration that results directly from a flight undertaken by that person in the course of duty in the federal public administration.

• Marginal note:Idem

  (2) Regulations made under subsection (1) shall not extend to the payment of compensation for any death or injury in respect of which provision for the payment of other compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept the compensation instead of the other compensation, gratuity or pension under that other Act.

PART IIMilitary Investigations Involving Civilians

Interpretation

Marginal note:Definitions

• 10 (1) The following definitions apply in this Part.

  Authority

  Authority means the Airworthiness Investigative Authority designated under subsection 12(1). (directeur)

  civilian

  civilian means a person who is not subject to the Code of Service Discipline set out in Part III of the National Defence Act. (civil)

  department

  department means

  • (a) any department of the Government of Canada, including the minister responsible for it and any person acting on behalf of that minister;

  • (b) any body listed in the schedule to the Canadian Transportation Accident Investigation and Safety Board Act; and

  • (c) any fact-finding authority, body or person established or appointed by such a department, minister, person or body. (ministère)

  military-civilian occurrence

  military-civilian occurrence means

  • (a) any accident or incident involving

    • (i) an aircraft operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force, or an installation operated by or on behalf of any of the above that is designed or used for the manufacture of an aircraft or other aeronautical product, or that is being used for the operation or maintenance of an aircraft or other aeronautical product, and

    • (ii) a civilian; or

  • (b) any situation or condition that the Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a). (accident militaro-civil)

  visiting force

  visiting force has the same meaning as in section 2 of the Visiting Forces Act. (force étrangère présente au Canada)

• Marginal note:Application

  (2) This section and sections 11 to 24.7 apply in respect of military-civilian occurrences

  • (a) in or over Canada;

  • (b) in or over any place that is under Canadian air traffic control; and

  • (c) in or over any other place in any of the following cases:

    • (i) Canada is requested to investigate the occurrence by an appropriate authority,

    • (ii) the civilians involved are employed in that place by the Department of National Defence or by the Canadian Forces, or

    • (iii) the civilians involved are in Canada.