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

Full Document:  

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

PART IAeronautics (continued)

Prohibitions, Offences and Punishment (continued)

Marginal note:Prohibition by court

  •  (1) Where a person is convicted of an offence under this Part, the court may, in addition to any other punishment it may impose, make an order

    • (a) where the person is the holder of a Canadian aviation document or is the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document was issued, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for such period or at such times and places as may be specified in the order; or

    • (b) prohibiting the person from operating an aircraft or providing services essential to the operation of an aircraft for such period or at such times and places as may be specified in the order.

  • (2) to (4) [Repealed, 1992, c. 4, s. 18]

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 1, s. 144(F), c. 4, s. 18

Procedure Pertaining to Certain Contraventions

Marginal note:Designation of provisions

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

    • (a) designate 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, in this section and in sections 7.7 to 8.2 referred to as a “designated provision”, 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;

    • (a.1) if subsection 4.81(1) or 4.82(4) or (5) is a designated provision, prescribe the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed $50,000; and

    • (b) prescribe, in respect of any other designated provision, the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed

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

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

  • Marginal note:Non-application of summary conviction procedure

    (2) A person who contravenes a designated provision is guilty of an offence and liable to the punishment imposed in accordance with sections 7.7 to 8.2 and no proceedings against the person shall be taken by way of summary conviction.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 4, s. 19
  • 2004, c. 15, s. 18
  • 2015, c. 20, s. 12

Marginal note:Notice of assessment of monetary penalty

  •  (1) If the Minister believes on reasonable grounds that a person has contravened a designated provision, the Minister may decide to assess a monetary penalty in respect of the alleged contravention, in which case the Minister shall, by personal service or by registered or certified mail sent to the person at their latest known address, notify the person of his or her decision.

  • 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 designated provision that the Minister believes has been contravened;

    • (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.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 4, s. 20
  • 2001, c. 29, s. 39

Marginal note:Option

 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.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 2001, c. 29, s. 39

Marginal note:Payment of specified amount precludes further proceedings

 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 contravention by that person of the designated provision and no further proceedings under this Part shall be taken against the person in respect of that contravention.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 1, s. 5
  • 2001, c. 29, s. 39

Marginal note:Request for review of determination

  •  (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: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:Burden of proof

    (4) The burden of establishing that a person has contravened a designated provision is on the Minister.

  • Marginal note:Person not compelled to testify

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

  • 2001, c. 29, s. 39

Marginal note:Certificate

 If a person fails to pay the amount of the penalty specified in a notice under subsection 7.7(1) within the time specified in the notice and does not file a request for a review under subsection 7.91(1), the person is deemed to have committed the contravention alleged in the notice, and the Minister may obtain from the Tribunal a certificate in a form prescribed by the Governor in Council that indicates the amount of the penalty specified in the notice.

  • 2001, c. 29, s. 39

Marginal note:Determination by Tribunal member

 If, at the conclusion of a review under section 7.91, the member of the Tribunal who conducts the review determines that

  • (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention; or

  • (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall forthwith inform the person and the Minister of the determination and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within such time as the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in such form as the Governor in Council may by regulation prescribe, setting out the amount required to be paid by the person.

  • R.S., 1985, c. A-2, s. 8
  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 4, s. 21
  • 2001, c. 29, s. 40(E)

Marginal note:Right of appeal

  •  (1) A person affected by the determination or the Minister may, within thirty days after the determination, appeal a determination made under section 8 to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Tribunal assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.

  • Marginal note:Certificate

    (4) Where the appeal panel finds on an appeal that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and, subject to any regulations made under paragraph 7.6(1)(b), of the amount determined by the panel to be payable by the person in respect of the contravention and, where the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in a form prescribed by regulation of the Governor in Council, setting out the amount required to be paid by the person.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 4, s. 22
  • 2001, c. 29, s. 41

Marginal note:Registration of certificate

  •  (1) If the time limit for the payment of an amount determined by the Minister in a notice under subsection 7.7(1) has expired, the time limit for the request for a review under subsection 7.91(1) has expired, the time limit for an appeal under subsection 8.1(1) has expired, or an appeal taken under section 8.1 has been disposed of, on production in any superior court, a certificate issued under section 7.92, paragraph 8(b) or subsection 8.1(4) shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

  • Marginal note:Recovery of costs and charges

    (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).

  • Marginal note:Amounts received deemed public moneys

    (3) An amount received by the Minister or the Tribunal under this section shall be deemed to be public money within the meaning of the Financial Administration Act.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 2001, c. 29, s. 42

Marginal note:Records

  •  (1) Any notation of a suspension by the Minister of a Canadian aviation document under this Act or of a penalty imposed in accordance with sections 7.6 to 8.2 shall, on application by the person affected by the suspension or penalty, be removed from the record respecting that person kept by the Minister after the expiration of two years from the date the suspension expires or the penalty amount has been paid unless

    • (a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security; or

    • (b) a suspension or penalty under this Act has been recorded by the Minister in respect of that person after that date.

  • Marginal note:Notice of decision

    (2) The Minister shall, as soon as practicable after the receipt of an application under subsection (1), by personal service or by registered or certified mail, notify the applicant of the decision of the Minister in relation thereto.

  • Marginal note:Application of certain provisions

    (3) Subsections 7.1(3) to (8) and section 7.2 apply, with any modifications that the circumstances require, in respect of a decision of the Minister referred to in subsection (2).

  • Marginal note:Repeat of applications limited

    (4) No application under subsection (1) shall be considered by the Minister within two years from the date of a previous application under that subsection in respect of the same applicant.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 1, s. 5
  • 2001, c. 29, s. 43
  • 2004, c. 15, s. 19

Enforcement

Marginal note:Owner of aircraft may be found liable

  •  (1) The registered owner of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the offence, the aircraft was in the possession of a person other than the owner without the owner’s consent and, where found to have committed the offence, the owner is liable to the penalty provided as punishment therefor.

  • Marginal note:Operator of aircraft may be found liable

    (2) The operator of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the offence, the aircraft was in the possession of a person other than the operator without the operator’s consent and, where found to have committed the offence, the operator is liable to the penalty provided as punishment therefor.

  • Marginal note:Pilot-in-command may be found liable

    (3) The pilot-in-command of an aircraft may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless the offence was committed without the consent of the pilot-in-command and, where found to have committed the offence, the pilot-in-command is liable to the penalty provided as punishment therefor.

  • Marginal note:Operator of aerodrome, etc., may be found liable

    (4) The operator of an aerodrome or other aviation facility may be proceeded against in respect of and found to have committed an offence under this Part in relation to the aerodrome or facility for which another person is subject to be proceeded against unless the offence was committed without the consent of the operator of the aerodrome or facility and, where found to have committed the offence, the operator of the aerodrome or facility is liable to the penalty provided as punishment therefor.

  • R.S., 1985, c. 33 (1st Supp.), s. 1

Marginal note:Defence

 No person shall be found to have contravened a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part if the person exercised all due diligence to prevent the contravention.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 2004, c. 15, s. 20

Marginal note:Admissibility of evidence

 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Part, and sections 320.31 to 320.34 of the Criminal Code apply to those proceedings with any modifications that the circumstances require.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 1, s. 3
  • 2008, c. 6, s. 55
  • 2018, c. 21, s. 39

Marginal note:Powers to enter, seize and detain

  •  (1) Subject to subsection (4), the Minister may

    • (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the Canadian Air Transport Security Authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses or controls it;

    • (a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, copying;

    • (b) enter any place for the purposes of an investigation of matters concerning aviation safety;

    • (c) seize anything found in any place referred to in paragraph (a) or (b) that the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Part or the causes or contributing factors pertaining to an investigation referred to in paragraph (b); and

    • (d) detain any aircraft that the Minister believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner and take reasonable steps to ensure its continued detention.

  • Marginal note:Matters relating to defence

    (1.01) The Minister of Transport may exercise the powers set out in subsection (1) with regard to any matter relating to defence with the authorization of the Minister of National Defence.

  • Marginal note:Operation of computer systems and copying equipment

    (1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or an investigation under paragraph (1)(b), the Minister may

    • (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

    • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

  • Marginal note:Search warrants

    (2) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Part.

  • Marginal note:Regulations respecting things seized or detained

    (3) The Governor in Council may make regulations respecting

    • (a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c) or aircraft that has been detained under paragraph (1)(d); and

    • (b) the return of the evidence or aircraft to the owner thereof or the person from whom the evidence was seized or who had custody of the aircraft when it was detained.

  • Marginal note:Warrant required to enter dwelling-house

    (4) Where any place referred to in subsection 5.7(6) or subsection (1) of this section is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (5).

  • Marginal note:Authority to issue warrant

    (5) Where on ex parte application a justice of the peace is satisfied by information on oath

    • (a) that entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act, and

    • (b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

    the justice of the peace may issue a warrant under his hand authorizing the Minister to enter that dwelling-house subject to such conditions as may be specified in the warrant.

  • Marginal note:Use of force

    (6) In executing a warrant under subsection (5), the Minister shall not use force unless he is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • R.S., 1985, c. 33 (1st Supp.), s. 1
  • 1992, c. 4, s. 23(F)
  • 2004, c. 15, s. 21
  • 2014, c. 29, s. 18
 
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