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

Marginal note:No right to compensation, etc.

5.8 No person is entitled to any compensation or costs for any loss, damage, removal or alteration resulting from the application of a zoning regulation to any lands, building, structure or object.

Marginal note:Agreements with a provincial authority

• 5.81 (1) The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate, in the same manner and to the same extent as it may regulate the use of lands within its jurisdiction, the use of lands adjacent to or in the vicinity of an airport or airport site that are not the subject of regulations made pursuant to subsection 5.4(2), for the purpose of ensuring that that use is not incompatible with the safe operation of an airport or aircraft.

• Marginal note:Saving

  (2) Subsections 5.4(3) to (5) and sections 5.5 to 5.7 shall not apply in respect of lands that are the subject of an agreement made under subsection (1), during the period in which the agreement remains in effect.

• Marginal note:Contravention

  (3) Every person who contravenes a regulation or other measure established by a provincial authority pursuant to an agreement referred to in subsection (1) is guilty of an offence punishable on summary conviction.

General Provisions Respecting Regulations, Orders, etc.

Marginal note:Exemption by Governor in Council

• 5.9 (1) The Governor in Council may make regulations exempting, on any terms and conditions that may be specified in the regulations, any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation or order made under this Part.

• Marginal note:Exemption by Minister

  (2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security.

• Marginal note:Incorporation by reference

  (3) A regulation, an order, a security measure or an emergency direction made under this Part that incorporates by reference a classification, standard, procedure or other specification may incorporate it as it is amended from time to time and in such a case the reference shall be read accordingly.

• Marginal note:Prohibition in regulations or orders

  (4) A regulation, an order, a security measure or an emergency direction made under this Part prohibiting the doing of any act or thing may prohibit the doing of that act or thing either at all times and places or only at specified times, places and occasions, and may do so either absolutely or subject to any specified exceptions or conditions.

Marginal note:Exemption by Minister of National Defence

• 6 (1) With respect to any matter relating to defence, the Minister of National Defence or an officer of the Department of National Defence or of the Canadian Forces who is authorized by the Minister may, on any terms that the Minister or officer, as the case may be, considers necessary, exempt by order any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security.

• Marginal note:Exemption from Statutory Instruments Act

  (2) An order made under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

Marginal note:Notice of unpublished regulations

6.1 Where a regulation, within the meaning of the Statutory Instruments Act, respecting the operation of aircraft is alleged to have been contravened at a time before it is published as required by that Act, a certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the regulation was issued before that time is, in the absence of evidence to the contrary, proof for the purposes of paragraph 11(2)(b) of that Act that reasonable steps were taken to bring the purport of the regulation to the notice of those persons likely to be affected by it.

Marginal note:Exemption from Statutory Instruments Act

• 6.2 (1) The following are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act:

  • (a) a regulation made under paragraph 4.9(l), or a notice issued under section 5.1, that prohibits or restricts the use of any airspace or aerodrome;

  • (b) a security measure;

  • (c) an emergency direction;

  • (d) an exemption made under subsection 5.9(2); and

  • (e) an interim order made under section 6.41.

• Marginal note:Precondition for contravention

  (2) No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the time of the alleged contravention, the person had been notified of the regulation, security measure, emergency direction or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.

• Marginal note:Certificate

  (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the regulation, notice referred to in paragraph (1)(a), security measure, emergency direction or interim order was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.

Marginal note:Certificate

6.21 A certificate purporting to be signed by the Minister of National Defence or the Chief of the Defence Staff and stating that a notice containing the regulation or notice referred to in paragraph 6.2(1)(a) was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.

6.3 [Repealed, 2014, c. 29, s. 15]

6.4 [Repealed, 2014, c. 29, s. 16]

Interim Orders

Marginal note:Interim orders

• 6.41 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part

  • (a) to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

  • (b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members;

  • (c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident;

  • (d) to give effect to an international standard; or

  • (e) to give effect to an international agreement, convention or arrangement to which Canada is a party.

• Marginal note:Authorized deputy may make interim order

  (1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, their deputy to make, for any reason referred to in any of paragraphs (1)(a) to (e), an interim order that contains any provision that may be contained in a regulation made under this Part.

• Marginal note:Consultation

  (1.2) Before making an interim order, the Minister or deputy, as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances.

• Marginal note:Cessation of effect

  (2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect one year after the day on which it is made unless it is approved by the Governor in Council within that one-year period.

• Marginal note:Recommendation by Minister

  (3) Where the Governor in Council approves an interim order, the Minister shall, as soon as possible after the approval, recommend to the Governor in Council that a regulation having the same effect as the interim order be made under this Part, and the interim order ceases to have effect

  • (a) where such a regulation is made, on the day on which the regulation comes into force; and

  • (b) where no such regulation is made, three years after the day on which the interim order is made.

• Marginal note:Publication in Canada Gazette

  (4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made.

• Marginal note:Tabling of interim order

  (5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.

Medical and Optometric Information

Marginal note:Minister to be provided with information

• 6.5 (1) Where a physician or an optometrist believes on reasonable grounds that a patient is a flight crew member, an air traffic controller or other holder of a Canadian aviation document that imposes standards of medical or optometric fitness, the physician or optometrist shall, if in his opinion the patient has a medical or optometric condition that is likely to constitute a hazard to aviation safety, inform a medical adviser designated by the Minister forthwith of that opinion and the reasons therefor.

• Marginal note:Patient to advise

  (2) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall, prior to any medical or optometric examination of his person by a physician or optometrist, advise the physician or optometrist that he is the holder of such a document.

• Marginal note:Use by Minister

  (3) The Minister may make such use of any information provided pursuant to subsection (1) as the Minister considers necessary in the interests of aviation safety.

• Marginal note:No proceedings shall lie

  (4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by him in good faith in compliance with this section.

• Marginal note:Information privileged

  (5) Notwithstanding subsection (3), information provided pursuant to subsection (1) is privileged and no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings and the information so provided shall not be used in any such proceedings.

• Marginal note:Deemed consent

  (6) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall be deemed, for the purposes of this section, to have consented to the giving of information to a medical adviser designated by the Minister under subsection (1) in the circumstances referred to in that subsection.

Measures Relating to Canadian Aviation Documents

Definition of Canadian aviation document

6.6 In sections 6.7 to 7.21, Canadian aviation document includes any privilege accorded by a Canadian aviation document.

Marginal note:Non-application of certain provisions

6.7 Sections 6.71 to 7.21 do not apply to any military personnel of Canada or a foreign state acting in the course of their duties in relation to a Canadian aviation document issued in respect of a military aeronautical product, a military aerodrome, military equipment, a military facility relating to aeronautics or a service relating to aeronautics provided by means of such an aeronautical product or such equipment or at such an aerodrome or facility.

Marginal note:Minister may refuse to issue or amend Canadian aviation document

• 6.71 (1) The Minister may refuse to issue or amend a Canadian aviation document on the grounds that

  • (a) the applicant is incompetent;

  • (b) the applicant or any aircraft, aerodrome, airport or other facility in respect of which the application is made does not meet the qualifications or fulfil the conditions necessary for the issuance or amendment of the document; or

  • (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the applicant or of any principal of the applicant, as defined in regulations made under paragraph (3)(a), warrant the refusal.

• Marginal note:Notice

  (2) The Minister shall, by personal service or by registered or certified mail sent to their latest known address, notify the applicant or the owner or operator of the aircraft, aerodrome, airport or other facility, as the case may be, of a decision made under subsection (1). The notice shall be in a form prescribed by regulation of the Governor in Council and, in addition to any other information that may be prescribed, shall indicate, as the case requires,

  • (a) the nature of the incompetence of the applicant;

  • (b) the qualifications or conditions referred to in paragraph (1)(b) that are not met or fulfilled, as the case may be;

  • (c) the reasons for the Minister’s opinion referred to in paragraph (1)(c); and

  • (d) except in the case of a document or class of documents prescribed under paragraph (3)(b), the address at which, and the date, being thirty days after the notice is served or sent, on or before which the applicant, owner or operator may file a request for a review of the Minister’s decision.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations

  • (a) defining the word principal; and

  • (b) prescribing Canadian aviation documents, or classes of such documents, in respect of which a review of the Minister’s decision to refuse to issue or amend a document may not be requested.

Marginal note:Request for review

• 6.72 (1) Subject to any regulations made under paragraph 6.71(3)(b), an applicant, owner or operator who is served with or sent a notice under subsection 6.71(2) and who wishes to have the Minister’s decision reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review of the decision with the Tribunal at the address set out in the notice.

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (4) The member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration.

  • 2001, c. 29, s. 34