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

Administrative Monetary Penalties

Marginal note:Designation of provisions

• 7.6 (1) The Governor in Council may, by regulation,

  • (a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 7.61 to 8.2, any provision of this Part or of any regulation, notice, order or security measure made under this Part, or any provision of the Secure Air Travel Act or of any regulation or direction made under that Act; and

  • (a.1) [Repealed, 2026, c. 3, s. 481]

  • (b) prescribe the maximum amount payable for each violation, not to exceed

    • (i) $150,000, in the case of an individual, and

    • (ii) $1,500,000, in the case of a corporation.

• (2) [Repealed, 2026, c. 3, s. 481]

Marginal note:Violation

• 7.61 (1) Every person who contravenes a provision designated under paragraph 7.6(1)(a) commits a violation and is liable to a penalty not exceeding the maximum amount prescribed under paragraph 7.6(1)(b).

• Marginal note:Continuing violation

  (2) A violation that is committed or continued on more than one flight or segment of a flight constitutes a separate violation for each flight or segment of a flight on which the violation is committed or continued.

• Marginal note:Manner of proceeding

  (3) If a contravention of a provision designated under paragraph 7.6(1)(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding in the other.

• Marginal note:Nature of violation

  (4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

• Marginal note:Due diligence defence

  (5) A person is not to be found liable for a violation if they establish that they exercised all due diligence to prevent its commission.

• Marginal note:Vicarious liability — owners of aircraft

  (6) If a person may be proceeded against under this Part for a violation relating to an aircraft, the registered owner of the aircraft may be proceeded against for the violation — whether or not the person is identified or proceeded against for the violation — unless, at the time of the violation, the aircraft was in the possession of a person other than the owner without the owner’s consent.

• Marginal note:Vicarious liability — operators of aircraft

  (7) If a person may be proceeded against under this Part for a violation relating to an aircraft, the operator of the aircraft may be proceeded against for the violation — whether or not the person is identified or proceeded against for the violation — unless, at the time of the violation, the aircraft was in the possession of a person other than the operator without the operator’s consent.

• Marginal note:Vicarious liability — pilots-in-command

  (8) If a crew member may be proceeded against under this Part for a violation relating to an aircraft, the pilot-in-command of the aircraft may be proceeded against for the violation — whether or not the crew member is identified or proceeded against for the violation — unless the violation was committed without the consent of the pilot-in-command.

• Marginal note:Proof of violation

  (9) In any proceedings under this Part against any of the following persons for a violation, it is sufficient proof of the violation to establish that the act or omission that constitutes the violation was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against for the violation:

  • (a) the registered owner of an aircraft;

  • (b) the operator of an aircraft;

  • (c) the operator of an aerodrome or other aviation facility;

  • (d) an air traffic service provider;

  • (e) an organization that holds a Canadian aviation document authorizing the maintenance of a aeronautical product or the provision of a maintenance service.

Marginal note:Assurance of compliance — no notice served

• 7.62 (1) If the Minister has reasonable grounds to believe that a person who has not been served with a notice of violation under section 7.7 has committed a violation, the Minister may enter into an assurance of compliance with the person that

  • (a) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period and subject to the terms and conditions specified in the assurance;

  • (b) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister; and

  • (c) sets out the penalty that the person would have been liable to pay for the violation if the assurance had not been entered into.

• Marginal note:Extension of period

  (2) The Minister may extend the period specified under paragraph (1)(a) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control.

• Marginal note:Deemed violation

  (3) A person who enters into an assurance of compliance is deemed to have committed the violation in respect of which the assurance was entered into, unless they request a review under subsection (4).

• Marginal note:Request for review

  (4) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default has been served under subsection (6), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review of the facts of the violation and the amount of the penalty is deemed to have been requested under section 7.91.

• Marginal note:Notice of compliance

  (5) If the Minister is satisfied that a person has complied with an assurance of compliance, the Minister shall cause a notice to that effect to be served on the person and, on the service of the notice,

  • (a) no further proceedings may be taken against the person with respect to the violation in respect of which the assurance was entered into; and

  • (b) any security deposited under paragraph (1)(b) shall be returned to the person.

• Marginal note:Notice of default

  (6) If the Minister is of the opinion that a person has not complied with an assurance of compliance, the Minister shall cause a notice of default to be served on the person to the effect that

  • (a) the person is liable to pay, within the time and in the manner specified in the notice of default, twice the amount of the penalty set out in the assurance without taking into account the limit specified in paragraph 7.6(1)(b); or

  • (b) any security deposited under paragraph (1)(b) is forfeited to His Majesty in right of Canada.

• Marginal note:Contents of notice

  (7) The notice of default shall indicate the date, which shall be 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the address where the request may be filed and shall include the particulars concerning the procedure for requesting a review.

• Marginal note:No set-off or compensation

  (8) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the assurance of compliance.

• Marginal note:Return of security

  (9) Any security deposited under subsection (1) shall be returned to the person if

  • (a) a notice is served under subsection (6) and the person pays double the amount of the penalty set out in the assurance of compliance; or

  • (b) a member determines under section 8 or an appeal panel decides under section 8.1 that the person has complied with the assurance.

Marginal note:Notice of violation

• 7.7 (1) If the Minister believes on reasonable grounds that a person has committed a violation, the Minister may issue a notice of violation in respect of the alleged contravention and shall cause it to be served on the person by personal service or by registered or certified mail sent to the person at their latest known address.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in a form prescribed by regulation of the Governor in Council and shall, in addition to any other information that may be prescribed, indicate

  • (a) the violation;

  • (b) subject to any regulations made under paragraph 7.6(1)(b), the amount that is determined by the Minister, in accordance with any guidelines that the Minister may make for the purpose, to be the amount that must be paid to the Minister as the penalty in the event that the person does not wish to appear before a member of the Tribunal assigned to conduct a review to make representations in respect of the alleged contravention; and

  • (c) the address at which, and the date, being thirty days after the notice is served or sent, on or before which, the penalty must be paid or a request for a review must be filed.

Marginal note:Option

7.8 A person who has been served with or sent a notice under subsection 7.7(1) must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.

Marginal note:Payment of specified amount precludes further proceedings

7.9 If a person who is served with or sent a notice under subsection 7.7(1) pays the amount specified in the notice in accordance with the requirements set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation.

Marginal note:Request for compliance agreement — notice served

7.901 Instead of paying the penalty set out in the notice of violation, the person served with the notice may, within the time and in the manner specified in the notice, request to enter into a compliance agreement with the Minister under section 7.902 that ensures the person’s compliance with the provision to which the violation relates.

Marginal note:Compliance agreement — notice served

• 7.902 (1) The Minister may, on application made under section 7.901, enter into a compliance agreement with a person who has been served with a notice of violation on any terms and conditions that are satisfactory to the Minister. The terms and conditions may

  • (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

  • (b) provide for the reduction, in whole or in part, of the penalty for the violation.

• Marginal note:Deemed violation

  (2) A person who enters into a compliance agreement with the Minister under subsection (1) is deemed to have committed the violation in respect of which the agreement was entered into.

• Marginal note:Notice of compliance

  (3) If the Minister is satisfied that a person has complied with a compliance agreement, the Minister shall cause a notice to that effect to be served on the person, at which time

  • (a) the proceedings commenced in respect of the violation are ended; and

  • (b) any security deposited under paragraph (1)(a) shall be returned to the person.

• Marginal note:Notice of default

  (4) If the Minister is of the opinion that a person has not complied with a compliance agreement, the Minister shall cause a notice of default to be served on the person to the effect that

  • (a) instead of being liable to pay the amount of the penalty set out in the notice of violation, the person is liable to pay, within the time and in the manner specified in the notice of violation, twice the amount of that penalty, without taking into account the limits specified in paragraph 7.6(1)(b); or

  • (b) any security deposited under paragraph (1)(a) is forfeited to His Majesty in right of Canada.

• Marginal note:Effect of notice of default

  (5) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the compliance agreement and

  • (a) the person is liable to pay the amount set out in the notice of default within the time and in the manner specified in the notice of violation; or

  • (b) if the notice provides for the forfeiture of the security deposited under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.

• Marginal note:Effect of payment

  (6) If a person served with a notice of default pays the amount set out in the notice of default within the time and in the manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation.

Marginal note:Refusal to enter into compliance agreement

• 7.903 (1) If the Minister refuses to enter into a compliance agreement requested under section 7.901, the person who made the request may, within the time specified by the Minister and in the manner specified in the notice of violation,

  • (a) pay the amount of the penalty set out in the notice of violation; or

  • (b) file a request for a review under subsection 7.91(1).

• Marginal note:Effect of payment

  (2) If a person pays the amount set out in the notice of violation within the time specified by the Minister and in the manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation.

Marginal note:Request for review of determination

• 7.91 (1) A person who is served with or sent a notice under subsection 7.7(1) and who wishes to have the facts of the alleged contravention or the amount of the penalty 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 with the Tribunal at the address set out in the notice.

• Marginal note:Request for review of compliance

  (1.1) A person who is served with a notice of default under subsection 7.62(6) and who wishes to have the Minister’s decision made under that subsection 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 with the Tribunal.

• Marginal note:Time and place for review

  (2) On receipt of a request, 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:Burden of proof

  (4) The burden of establishing that a person has committed a violation or has not complied with the assurance of compliance referred to in the notice of default is on the Minister.

• Marginal note:Person not compelled to testify

  (5) A person who is alleged to have committed a violation is not required, and shall not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Certain defences not available

  (6) Despite subsection 7.61(5), for the purposes of a request for review under subsection (1.1) a person does not have a defence by reason that the person exercised all due diligence to comply with the assurance of compliance.