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Military Airworthiness Investigation Regulations (SOR/2018-217)

Regulations are current to 2024-10-30

SCHEDULE(Paragraphs 9(1)(a) and (b) and section 10)

FORM 1Warrant Issued Under Subsection 14(4) of the Aeronautics Act

CANADA

(PROVINCE OR TERRITORY)

To(name of investigator),

Whereas it appears on oath of blank line, an investigator designated by the Airworthiness Investigative Authority under subsection 13(1) of the Aeronautics Act, that he or she believes on reasonable grounds that there is, or might be, any thing or things,

namelyblank line,

that are relevant to a lawfully conducted investigation into one of the following:

  •  a military-civilian occurrence

  •  an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

(description of the occurrence, accident or incident)

and that are located at or in blank line, in this form called the premises;

This is, therefore, to authorize and order you, between the hours of blank line and blank line, to enter the premises and to search for the thing or things and to seize them until they are returned in accordance with section 15 of the Aeronautics Act;

And furthermore, this is to authorize you to use force to the extent necessary to execute this warrant, provided that you are accompanied by a peace officer.

Signed at (location) on (date) at (time)

(name and signature)

Provincial Judge (or) Justice of the Peace

(judicial district or province)

FORM 2Warrant Obtained by a Means of Telecommunication Issued Under Subsection 14(4) of the Aeronautics Act

CANADA

(PROVINCE OR TERRITORY)

To(name of investigator) ,

Whereas it appears on oath of blank line, an investigator designated by the Airworthiness Investigative Authority under subsection 13(1) of the Aeronautics Act, that he or she believes on reasonable grounds that there is, or might be, any thing or things,

namely blank line,

that are relevant to a lawfully conducted investigation into one of the following:

  •  a military-civilian occurrence

  •  an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

(description of the occurrence, accident or incident)

and that are located at or in blank line, in this form called the premises;

And whereas it would be impracticable for the investigator to appear personally before me;

This is, therefore, to authorize and order you, between the hours of blank line and blank line , to enter the premises and to search for the thing or things and to seize them until they are returned in accordance with section 15 of the Aeronautics Act;

And furthermore, this is to authorize you to use force to the extent necessary to execute this warrant, provided that you are accompanied by a peace officer.

Signed at (location) on (date) at (time)

(name and signature)

Provincial Judge (or) Justice of the Peace

(judicial district or province)

FORM 3Notice Issued Under Paragraph 14(10)(a) of the Aeronautics Act

In the matter of the Airworthiness Investigative Authority investigation into one of the following:

  •  a military-civilian occurrence

  •  an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

(description of the occurrence, accident or incident)

To:blank line

Address:blank line

blank line

Whereas I believe on reasonable grounds that you are in possession of information relevant to the investigation, you are required to

  •  produce the following information or records no later than (time) on (date) at (location description or address):

blank line

blank line

blank line

  •  attend before me in order to give a statement, under oath or solemn affirmation, if required, concerning the matter at (location description or address) on (date) at (time)

Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.

Signed at (location) on (date)

(name and signature)

Investigator designated under subsection 13(1) of the Aeronautics Act

FORM 4Notice Issued Under Paragraph 14(10)(b) of the Aeronautics Act

In the matter of the Airworthiness Investigative Authority investigation into one of the following:

  •  a military-civilian occurrence

  •  an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

(description of the occurrence, accident or incident)

To:blank line

Address:blank line

blank line

Whereas you were directly or indirectly involved in the operation of

(description of aircraft), and

Whereas I believe on reasonable grounds that a medical examination is or might be relevant to the investigation, you are required to submit to a medical examination

at (location description or address)

before (name of examiner)

on (date) at (time)

A medical examination does not include any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance. However, the person may be required to provide a urine sample.

Information obtained as a result of the medical examination is privileged, subject to the power of the Airworthiness Investigative Authority to make any use of it that the Airworthiness Investigative Authority considers necessary in the interest of aviation safety.

Failure to comply with this notice may result in a contravention of subsection 14(12) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.

Signed at (location) on (date)

(name and signature)

Investigator designated under subsection 13(1) of the Aeronautics Act

FORM 5Notice Issued Under Paragraph 14(10)(c) of the Aeronautics Act

In the matter of the Airworthiness Investigative Authority investigation into one of the following:

  •  a military-civilian occurrence

  •  an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

(description of the occurrence, accident or incident)

To:blank line

Address:blank line

blank line

Whereas I believe on reasonable grounds that you have information concerning a patient, namely blank line, that is or might be relevant to the investigation, you are required to provide the following information:

blank line

blank line

The information is to be provided to me

at (location description or address)

on (date) at (time)

Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.

Signed at (location) on (date)

(name and signature)

Investigator designated under subsection 13(1) of the Aeronautics Act

FORM 6Notice Issued Under Paragraph 14(10)(d) of the Aeronautics Act

In the matter of the Airworthiness Investigative Authority investigation into one of the following:

  •  a military-civilian occurrence

  •  an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out, other than a military-civilian occurrence

(description of the occurrence, accident or incident)

To:blank line

Address:blank line

blank line

Whereas it appears that you have custody of the body of a deceased person, namely blank line, or human remains of that person, and

Whereas I believe on reasonable grounds that an autopsy of that body or a medical examination of those human remains is or might be relevant to the investigation, you are required to allow the performance of the autopsy or the medical examination

at (location description or address)

by (name of examiner)

on (date) at (time)

Failure to comply with this notice may result in a contravention of subsection 14(11) of the Aeronautics Act, which is an offence under subsection 24.6(1) of that Act and may make you liable to penalties under that Act, including imprisonment. Failure to comply with this notice may also result in an application being made to the Federal Court or a superior court of a province, under subsection 14(17) of that Act, to inquire into the failure to comply with this notice.

Signed at (location) on (date)

(name and signature)

Investigator designated under subsection 13(1) of the Aeronautics Act

 

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