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

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Act current to 2022-09-22 and last amended on 2018-12-18. Previous Versions

PART IIMilitary Investigations Involving Civilians (continued)

Investigations of Military-Civilian Occurrences (continued)

Privilege (continued)

Definition of communication record

  •  (1) In this section, communication record means the whole or any part of any record, recording, copy, transcript or substantial summary of any type of communications respecting air traffic control or related matters that take place between any of the following persons: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters.

  • Marginal note:Restriction

    (2) A communication record obtained in the course of an investigation of a military-civilian occurrence under this Part is not to be used against a member of the Canadian Forces or any person referred to in subsection (1) in any legal proceedings or, subject to any applicable collective agreement, in any disciplinary proceedings.

  • R.S., 1985, c. A-2, s. 24
  • R.S., 1985, c. 28 (3rd Supp.), s. 276
  • 2014, c. 29, s. 19

Definition of statement

  •  (1) For the purposes of this section and section 14, statement means

    • (a) the whole or any part of an oral, written or recorded statement relating to a military-civilian occurrence that is given by the author of the statement to the Authority, an investigator or any person acting for the Authority;

    • (b) a transcription or substantial summary of a statement referred to in paragraph (a); or

    • (c) conduct that could reasonably be taken to be intended as such a statement.

  • Marginal note:Statement privileged

    (2) A statement and the identity of the person who made it are privileged and, except as provided by this Part or as authorized in writing by the person who made the statement, no person, including any person to whom access is provided under this section, shall knowingly communicate a statement or permit it to be communicated to any person, or disclose the identity of the person who made it.

  • Marginal note:Use by Authority

    (3) The Authority may use any statement as he or she considers necessary in the interests of aviation safety.

  • Marginal note:Access by coroners and other investigators

    (4) The Authority shall make statements available

  • Marginal note:Power of court or coroner

    (5) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of a statement is contested on the ground that it is privileged, the court or coroner shall

    • (a) examine the statement in camera; and

    • (b) if the court or coroner concludes that, in the circumstances of the case, the public interest in the proper administration of justice outweighs in importance the privilege attached to the statement by virtue of this section, order the production and discovery of the statement, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it.

  • Marginal note:Restriction

    (6) A statement is not to be used against the person who made it in any legal, disciplinary or other proceedings except in a prosecution for perjury or for giving contradictory evidence or a prosecution under section 24.6.

  • Definition of court

    (7) For the purposes of subsection (5), court includes any person appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act.

  • 2014, c. 29, s. 19

Marginal note:Reporting of military-civilian occurrences

  •  (1) The Governor in Council may make regulations for the establishment and administration of systems for the mandatory or voluntary reporting by civilians to the Authority of any of the following:

    • (a) military-civilian occurrences;

    • (b) any other accident or incident involving an aircraft or installation referred to in subparagraph (a)(i) of the definition military-civilian occurrence in subsection 10(1);

    • (c) any situation or condition that the Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (b); and

    • (d) any classes of the occurrences, accidents, incidents, situations or conditions referred to in any of paragraphs (a) to (c) that are specified in the regulations.

  • Marginal note:Use of reports

    (2) The Authority may, subject to this section, use any report made under regulations made under subsection (1) that he or she considers necessary in the interests of aviation safety.

  • Marginal note:Protection of identity

    (3) Regulations made under subsection (1) may provide for the protection of the identity of persons who make a report under those regulations.

  • Marginal note:Certain information privileged

    (4) If a person’s identity is protected by provisions referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and no person shall knowingly communicate it or permit it to be communicated to any person.

  • Marginal note:Legal proceedings

    (5) No person is to be required to produce information referred to in subsection (4) or to give evidence relating to the information in any legal, disciplinary or other proceedings.

  • Marginal note:Restriction

    (6) A report made under a voluntary reporting system established by regulations made under subsection (1) is not to be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by provisions referred to in subsection (3).

  • 2014, c. 29, s. 19

Evidence of Authority and of Investigators

Marginal note:Appearance of investigator

 Except for proceedings before and investigations by a coroner, neither the Authority nor an investigator is competent or compellable to appear as a witness in any proceedings unless the court or other person or body before whom the proceedings are conducted so orders for special cause.

  • 2014, c. 29, s. 19

Marginal note:Opinions inadmissible

 An opinion of the Authority or an investigator is not admissible in evidence in any legal, disciplinary or other proceedings.

  • 2014, c. 29, s. 19

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) prescribing the manner of exercising or performing any of the powers, duties and functions of an investigator designated under subsection 13(1);

    • (b) respecting the keeping and preservation of records, documents and other evidence relating to military-civilian occurrences;

    • (c) respecting the attendance of interested persons at tests to destruction conducted under subsection 14(6);

    • (d) respecting, for the purposes of an investigation of a military-civilian occurrence, the sites of such an occurrence and prescribing rules for their protection;

    • (e) defining the rights or privileges of persons attending investigations as observers or with observer status;

    • (f) respecting the tariff of fees and expenses to be paid to any witness attending at an investigation of a military-civilian occurrence, and the conditions under which fees or expenses may be paid to such a witness;

    • (g) respecting the forms of warrants issued under section 14 and the modifications to be made to section 487.1 of the Criminal Code in its application to section 14; and

    • (h) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:Publication of proposed regulations

    (2) A copy of each regulation that the Governor in Council proposes to make under subsection (1) or section 24.2 shall be published in the Canada Gazette at least 60 days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those 60 days to make representations with respect to it.

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply in respect of a proposed regulation that

    • (a) has previously been published under that subsection, whether or not it has been changed as a result of representations made under that subsection; or

    • (b) makes no substantive change to an existing regulation.

  • 2014, c. 29, s. 19

Offences

Marginal note:Offences

  •  (1) Every person is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction, who

    • (a) contravenes subsection 14(9), (11) or (12);

    • (b) without lawful excuse, intentionally resists or otherwise obstructs an investigator in the exercise or performance of powers, duties or functions under this Part;

    • (c) knowingly gives false or misleading information in any investigation of a military-civilian occurrence under this Part; or

    • (d) makes a report under section 24.2 that they know to be false or misleading.

  • Marginal note:Offence

    (2) Every person who contravenes a provision of this Part, or of the regulations made under this Part, for which no punishment is specified is guilty of an offence punishable on summary conviction.

  • 2014, c. 29, s. 19

Marginal note:Evidence

  •  (1) Subject to subsections (2) and (3), the following reports and documents are admissible in evidence in any prosecution for an offence under this Part without proof of the signature or official character of the person appearing to have signed the report or certified the document, and are, in the absence of evidence to the contrary, proof of the statements contained in such a report or the contents of such a document:

    • (a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power under section 14 and stating the results of the exercise of the power; and

    • (b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator under subsection 14(10).

  • Marginal note:Notice

    (2) No report or document is to be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document.

  • Marginal note:Cross-examination

    (3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.

  • 2014, c. 29, s. 19

Military Investigations under Part I

Marginal note:Application of certain provisions

 Section 14, subsections 18(1) to (9) and sections 22 to 24.4 apply, with any necessary modifications, in respect of an investigation of an accident or incident relating to aeronautics that the Minister of National Defence has directed the Authority to carry out other than an investigation of a military-civilian occurrence.

  • 2014, c. 29, s. 19

PART III

Staff

Marginal note:Employment of officers, clerks and employees

 Such officers, clerks and employees as may be necessary for the proper administration of this Act may be employed in the manner authorized by law.

  • R.S., c. A-3, s. 20

Prosecution

Marginal note:Limitation period

 No proceedings under sections 7.6 to 8.2 or by way of summary conviction under this Act may be instituted after twelve months from the time when the subject-matter of the proceedings arose.

  • R.S., 1985, c. A-2, s. 26
  • R.S., 1985, c. 33 (1st Supp.), s. 4

Marginal note:Proof of documents

  •  (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister of Transport, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — as a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

    • (a) of the original document of which it purports to be a copy;

    • (b) that the original document was made, given or issued by or by the authority of or deposited with the person named therein and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated therein; and

    • (c) that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

  • Marginal note:Certificate

    (2) In any action or proceeding under this Act, any certificate purporting to be signed by the Minister of Transport or the Secretary of the Department of Transport — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — is evidence of the facts stated in it, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof of the certificate, if the certificate states that a document, authorization or exemption under this Act

    • (a) has or has not been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, or

    • (b) having been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, has expired, or has been cancelled or suspended as of a date stated in the certificate, and stating, in the case of a suspension, the period of the suspension.

  • R.S., 1985, c. A-2, s. 27
  • R.S., 1985, c. 33 (1st Supp.), s. 4, c. 28 (3rd Supp.), s. 359
  • 1996, c. 10, s. 205
  • 2014, c. 29, s. 20

Marginal note:Document entries as proof

 In any action or proceeding under this Act, an entry in any record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated therein as against the person who made the entry or was required to keep the record or, where the record was kept in respect of an aeronautical product, aerodrome or other aviation facility, against the owner or operator of the product, aerodrome or facility.

  • R.S., 1985, c. A-2, s. 28
  • R.S., 1985, c. 33 (1st Supp.), s. 4
  • 1992, c. 4, s. 24(F)

PART IV[Repealed, 2001, c. 29, s. 44]

 [Repealed, 2001, c. 29, s. 44]

 [Repealed, 2001, c. 29, s. 44]

 [Repealed, 2001, c. 29, s. 44]

 
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