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Canadian Aviation Security Regulations, 2012 (SOR/2011-318)

Regulations are current to 2019-06-20 and last amended on 2019-05-29. Previous Versions

PART 13Ministerial Powers and Duties (continued)

DIVISION 2AVSEC Levels (continued)

Marginal note:Multiple aerodromes

 For greater certainty, nothing in this Division prohibits the Minister from raising, lowering or maintaining the AVSEC level for more than one aerodrome at a time.

  • SOR/2014-153, s. 42

[786 to 796 reserved]

PART 14Designated Provisions

Overview

Marginal note:Part overview

  •  (1) This Part allows the enforcement, by means of administrative monetary penalties, of the provisions of these Regulations that are set out in Schedule 4 and the provisions of any security measure.

  • Marginal note:Designated provisions of the Act

    (2) The Designated Provisions Regulations allow the enforcement, by means of administrative monetary penalties, of the provisions of the Act that are set out in Schedule 4 to those Regulations.

Designated Provisions

Marginal note:Designated provisions

  •  (1) A provision set out in column 1 of Schedule 4 is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

  • Marginal note:Maximum amounts

    (2) The amount set out in column 2 or column 3 of Schedule 4 is prescribed as the maximum amount payable by an individual or corporation, as the case may be, in respect of a contravention of the provision set out in column 1.

Marginal note:Designation of security measure provisions

  •  (1) The provisions of a security measure are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

  • Marginal note:Maximum amounts

    (2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

    • (a) $5,000, in the case of an individual; and

    • (b) $25,000, in the case of a corporation.

Notice of Contravention

Marginal note:Notice requirements

 A notice referred to in subsection 7.7(1) of the Act must

  • (a) be in writing;

  • (b) set out the particulars of the alleged contravention;

  • (c) state that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;

  • (d) state that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;

  • (e) state that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and

  • (f) state that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

  • SOR/2014-153, s. 43

PART 15Transitional Provisions

Class 1 Aerodromes

Marginal note:Operators

  •  (1) Sections 196 and 199 do not apply to the operator of an aerodrome until December 15, 2014.

  • Marginal note:Operators

    (2) Sections 197 and 198 do not apply to the operator of an aerodrome until March 15, 2015.

  • Marginal note:Operators

    (3) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

    • (a) sections 115 to 118; and

    • (b) paragraph  206(1)(c).

  • Marginal note:Operators

    (4) Sections 202 and 204 do not apply to the operator of an aerodrome until February 15, 2016.

  • Marginal note:Operators

    (5) The following provisions do not apply to the operator of an aerodrome until May 15, 2016:

    • (a) sections 97 and 98;

    • (b) section 205;

    • (c) paragraph 207(1)(b); and

    • (d) paragraph 208(1)(b).

  • SOR/2014-153, s. 44

Class 2 Aerodromes

Marginal note:Operators

  •  (1) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

    • (a) sections 271 to 274; and

    • (b) paragraph 367(1)(c).

  • Marginal note:Operators

    (2) Sections 365 and 366 do not apply to the operator of an aerodrome until April 15, 2016.

  • Marginal note:Operators

    (3) The following provisions do not apply to the operator of an aerodrome until September 15, 2016:

    • (a) sections 261 and 262;

    • (b) paragraph 368(1)(b); and

    • (c) paragraph 369(1)(b).

  • SOR/2014-153, s. 44

Class 3 Aerodromes

Marginal note:Operators

  •  (1) The following provisions do not apply to the operator of an aerodrome until April 15, 2015:

    • (a) sections 426 to 429; and

    • (b) paragraph 474(1)(c).

  • Marginal note:Operators

    (2) Sections 472 and 473 do not apply to the operator of an aerodrome until September 15, 2016.

  • Marginal note:Operators

    (3) The following provisions do not apply to the operator of an aerodrome until March 15, 2017:

    • (a) sections 416 and 417;

    • (b) paragraph 475(1)(b); and

    • (c) paragraph 476(1)(b).

  • SOR/2014-153, s. 44

 [Repealed, SOR/2014-153, s. 44]

 [Repealed, SOR/2014-153, s. 44]

 [Repealed, SOR/2014-153, s. 44]

 [Repealed, SOR/2014-153, s. 44]

 
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