4. (1) Subject to any regulations made pursuant to paragraph 4.9(w), this Part applies in respect of aeronautics to all persons and to all aeronautical products and other things in Canada, to all persons outside Canada who hold Canadian aviation documents and to all Canadian aircraft and passengers and crew members thereon outside Canada.

(2) Every person exercising the privileges accorded by a Canadian aviation document in a foreign state and every Canadian aircraft operated in a foreign state shall comply with or be operated in accordance with the applicable aeronautics laws of that state.

(3) Nothing in this Part shall be construed as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign state that applies to or in respect of the person or aircraft.

R.S., 1985, c. A-2, s. 4; R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 2.

4.1 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision under this Part shall be deemed to have committed a contravention of the provision under this Part and may be proceeded against and punished in the place in Canada where the person is found as if the contravention had been committed in that place.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 3.

4.2 The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics and, in the discharge of those responsibilities, the Minister may

(a) promote aeronautics by such means as the Minister considers appropriate;

(b) construct, maintain and operate aerodromes and establish and provide other facilities and services relating to aeronautics;

(c) establish and provide facilities and services for the collection, publication or dissemination of information relating to aeronautics and enter into arrangements with any person or branch of government for the collection, publication and dissemination of that information;

(d) undertake, and cooperate with persons undertaking, such projects, technical research, study or investigation as in the opinion of the Minister will promote the development of aeronautics;

(e) control and manage all aircraft and equipment necessary for the conduct of any services of Her Majesty in right of Canada;

(f) establish aerial routes;

(g) cooperate with officers of Her Majesty in right of Canada and assist them in providing any services under their jurisdiction that may require any aerial work and collaborate with officers employed in aviation services of Her Majesty in such extension of their work as the development of aeronautics may require;

(h) take such action as may be necessary to secure by international regulation or otherwise the rights of Her Majesty in right of Canada in international air traffic;

(i) cooperate with officers of Her Majesty in right of Canada on all matters relating to defence;

(j) cooperate or enter into administrative arrangements with aeronautics authorities of other governments or foreign states with respect to any matter relating to aeronautics;

(k) investigate, examine and report on the operation and development of commercial air services in, to or from Canada;

(l) provide financial and other assistance to persons, governments and organizations in relation to matters pertaining to aeronautics;

(m) for the purposes of providing aviation weather services that will ensure the safety, regularity and efficiency of aircraft operation, enter into arrangements with any branch of the Government of Canada that is capable of and responsible for providing those services or, where those arrangements cannot be made, enter into arrangements with any person or organization with respect to the provision of those services in such form and manner and at such places as the Minister considers necessary;

(n) investigate matters concerning aviation safety; and

(o) undertake such other activities in relation to aeronautics as the Minister considers appropriate or as the Governor in Council may direct.

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

4.3 (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction.

(1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so.

(2) The Governor in Council may by regulation authorize the Minister to make orders with respect to any matter in respect of which regulations of the Governor in Council under this Part may be made.

(3) The Minister may authorize his deputy to make orders with respect to the matters referred to in paragraph 4.9(l).

R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 3.

4.4 (1) The Governor in Council may make regulations imposing, with respect to aircraft in flight in Canada, charges for the availability during flights of any facility or service provided by or on behalf of the Minister.

(2) The Governor in Council may make regulations, or may, by order, subject to and in accordance with such terms and conditions as may be specified in the order, authorize the Minister to make regulations, imposing charges

(a) for the use of

(i) any facility or service provided by or on behalf of the Minister for or in respect of any aircraft, whether or not, where the facility or service is provided during flight, the flight originates or terminates in Canada or any portion of the flight is over Canada,

(ii) any other facility or service provided by or on behalf of the Minister at any aerodrome, or

(iii) any aerodrome operated by or on behalf of Her Majesty in right of Canada;

(a.1) in respect of any security measure that is carried out by the Minister; or

(b) in respect of the issue, renewal, amendment or endorsement of any document issued or to be issued under this Part or any action preparatory thereto, whether or not the document is issued, renewed, amended or endorsed.

(3) Any regulation made under subsection (1) or (2) may prescribe the amount of charges imposed thereunder and the rate of interest payable in respect of those charges or the manner of calculating those charges or the rate of interest and may prescribe the time from which the interest is payable.

(4) All charges imposed under this section and interest payable thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

(5) If a charge is imposed in respect of an aircraft under this section, both the registered owner and the operator of the aircraft are jointly and severally, or solidarily, liable for payment of the charge.

(6) The Governor in Council may make regulations requiring registered owners and operators of aircraft who have failed to pay on time any charges imposed under this section to deposit each year with the Minister security in the form of a bond or letter of credit and in an amount satisfactory to the Minister to ensure full payment of the charges to be imposed in the next following year in respect of the aircraft.

(7) Every charge imposed by regulations made under this section bears interest in accordance with the regulations.

R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 4, s. 53(E); 2004, c. 15, s. 4.

4.41 (1) No order or regulation may be made under this Part that has the effect of imposing charges for civil air navigation services.

(2) No order or regulation may be made under this Part that has the effect of imposing charges for air navigation services provided by or on behalf of the Minister of National Defence if

(a) the charges are for services referred to in subsection 10(1) of the Civil Air Navigation Services Commercialization Act; or

(b) the charges are for services that are similar to services that the ANS Corporation provides and charges for in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

1996, c. 20, s. 100.

4.5 (1) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft.

(2) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid and the Minister has reason to believe that the person is about to leave Canada or take from Canada any aircraft owned or operated by the person, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on ex parte application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft.

(3) Subject to subsection (4), except where otherwise directed by an order of a court, the Minister is not required to release from detention an aircraft seized under subsection (1) or (2) unless the amount in respect of which the seizure was made is paid.

(4) The Minister shall release from detention an aircraft seized under subsection (1) or (2) if a bond or other security in a form satisfactory to the Minister for the amount in respect of which the aircraft was seized is deposited with the Minister.

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

4.6 (1) Any aircraft of a person referred to in subsection 4.5(1) or (2) that would be exempt from seizure under a writ of execution issued out of the superior court of the province in which the aircraft is situated, is exempt from seizure and detention under that subsection.

(2) The Governor in Council may by regulation exempt any aircraft from seizure and detention under section 4.5.

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

4.7 The following definitions apply in sections 4.71 to 4.85.

“goods” means anything that may be taken or placed on board an aircraft, or that may be brought into an aerodrome or other aviation facility, including personal belongings, baggage, cargo and conveyances.

“screening” means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 5; 1999, c. 31, ss. 5, 6; 2004, c. 15, s. 5.

4.71 (1) The Governor in Council may make regulations respecting aviation security.

(2) Without limiting the generality of subsection (1), regulations may be made under that subsection

(a) respecting the safety of the public, passengers, crew members, aircraft and aerodromes and other aviation facilities;

(b) respecting restricted areas in aircraft or at aerodromes or other aviation facilities, including regulations respecting their identification, access to them and their administration or management;

(c) respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility;

(d) respecting the screening of goods that are intended to be taken or placed on board an aircraft or brought into an aerodrome or other aviation facility, or that are inside an aircraft or an aerodrome or other aviation facility, including regulations authorizing the use of force to gain access to goods being screened;

(e) respecting the seizure or detention of goods in the course of screenings, including regulations respecting the destruction of seized or detained goods;

(f) respecting the prevention of unlawful interference with civil aviation and the action that is to be taken if that interference occurs or is likely to occur;

(g) requiring any person or any class of persons to have a security clearance as a condition to conducting any activity specified in the regulations or to being

(i) the holder of a Canadian aviation document,

(ii) a crew member, or

(iii) the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations ;

(h) respecting the making of applications for security clearances and the information to be provided by applicants;

(i) specifying Canadian aviation documents for the purpose of paragraph 3(3)(c);

(j) establishing security requirements for the design or construction of aircraft and aerodromes and other aviation facilities;

(k) requiring security management systems to be established by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems;

(l) establishing security requirements for equipment, systems and processes used in aircraft and aerodromes and other aviation facilities;

(m) respecting the qualifications, training and standards of performance of classes of persons having responsibilities for security requirements;

(n) respecting the testing of the effectiveness of equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; and

(o) respecting the provision to the Minister of aviation security related information specified in the regulations.

2004, c. 15, s. 5.

4.72 (1) The Minister may make measures respecting aviation security.

(2) The Minister may only make a security measure in relation to a particular matter if

(a) an aviation security regulation could be made in relation to that matter; and

(b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.

(3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must

(a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and

(b) repeal the security measure before the earlier of

(i) the day that is one year after the notice is published, and

(ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure.

(4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published.

(5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.

(6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.

(7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.

2004, c. 15, s. 5.

4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members.

(2) The Minister's deputy may only make a security measure in relation to a particular matter if

(a) an aviation security regulation could be made in relation to that matter; and

(b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public.

(3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so.

(4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days.

2004, c. 15, s. 5.

4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.

(2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict.

2004, c. 15, s. 5.

4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister.

2004, c. 15, s. 5.

4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting

(a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them;

(b) the diversion of aircraft to alternate landing sites; and

(c) the movement of aircraft or persons at aerodromes or other aviation facilities.

2004, c. 15, s. 5.

4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section.

2004, c. 15, s. 5.

4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours.

2004, c. 15, s. 5.

4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure.

(2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict.

2004, c. 15, s. 5.

4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.

(2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera , examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it.

(3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure.

2004, c. 15, s. 5.

4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 6; 2004, c. 15, s. 5.

4.81 (0.1) The following definition applies in this section and in section 4.82.

“transportation security” means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in,

(a) loss of life or personal injury;

(b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or

(c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure.

(1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule

(a) that is in the air carrier's or operator's control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or

(b) that is in the air carrier's or operator's control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer.

(2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security.

(3) Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to

(a) the Minister of Citizenship and Immigration;

(b) the Minister of National Revenue;

(c) the chief executive officer of the Canadian Air Transport Security Authority; and

(d) a person designated under subsection 4.82(2) or (3).

(4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed

(a) in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration;

(b) in the case of information disclosed to the Minister of National Revenue, only to persons in the Canada Customs and Revenue Agency;

(c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and

(d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5).

(5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5).

(6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection.

(7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection.

(8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3).

(9) Subsections (6) to (8) apply despite any other Act of Parliament.

(10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.

2004, c. 15, s. 5.

4.82 [Not in force]

4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and, despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is scheduled to land in a foreign state or of a Canadian aircraft departing from any place outside Canada that is scheduled to land in a foreign state may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in its control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.

(2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.

(3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations

(a) respecting the type or classes of information that may be provided; or

(b) specifying the foreign states to which information may be provided.

2001, c. 38, s. 1; 2004, c. 15, s. 6.

4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify.

2004, c. 15, s. 7.

4.85 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order, as the case may be, of

(a) his or her person; or

(b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome.

(2) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.

(3) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order, as the case may be.

(4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order, as the case may be.

2004, c. 15, s. 7.

4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers.

2004, c. 15, s. 7.

4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure, an emergency direction or an interim order.

2004, c. 15, s. 7.

4.9 The Governor in Council may make regulations respecting aeronautics and, without restricting the generality of the foregoing, may make regulations respecting

(a) the accreditation or licensing of

(i) flight crew members, air traffic controllers, operators of equipment used to provide services relating to aeronautics and other persons providing services relating to aeronautics, and

(ii) persons engaged in the design, manufacture, distribution, maintenance, approval, certification or installation of aeronautical products and the installation, maintenance, approval and certification of equipment used to provide services relating to aeronautics;

(b) the design, manufacture, distribution, maintenance, approval, installation, inspection, registration, licensing, identification and certification of aeronautical products;

(c) the design, installation, inspection, maintenance, approval and certification of equipment and facilities used to provide services relating to aeronautics;

(d) the approval of flight training equipment;

(e) activities at aerodromes and the location, inspection, certification, registration, licensing and operation of aerodromes;

(f) noise emanating from aerodromes and aircraft;

(g) the certification of air carriers;

(h) the conditions under which aircraft may be used or operated or under which any act may be performed in or from aircraft;

(i) the conditions under which persons or personal belongings, baggage, goods or cargo of any kind may be transported by aircraft;

(j) the areas within which aircraft coming from outside Canada are to land and the conditions to which such aircraft are subject;

(k) the classification and use of airspace and the control and use of aerial routes;

(l) the prohibition of the use of airspace or aerodromes;

(m) the prohibition of the doing of any other act or thing in respect of which regulations under this Part may be made;

(n) the enforcement of such laws as may be deemed necessary for the safe and proper operation of aircraft;

(o) the use and operation of any objects that in the opinion of the Minister are likely to be hazardous to aviation safety;

(p) the preservation, protection and removal of aircraft involved in accidents, personal belongings, baggage, goods, cargo of any kind thereon, and of any records pertaining to the aircraft or its flight, the preservation, protection, removal and testing of any part of such aircraft and the protection of sites of aircraft accidents;

(q) the investigation of any accident involving an aircraft, any alleged contravention under this Part or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons;

(r) the taking of statements by investigators for the purpose of an investigation referred to in paragraph (q);

(s) the keeping and preservation of records and documents relating to aerodromes, to activities, with respect to aeronautics, of persons who hold Canadian aviation documents and to aeronautical products and equipment and facilities used to provide services relating to aeronautics;

(t) the handling, marking, storage and delivery of fuel and any lubricants or chemicals used during or in connection with the operation of aircraft;

(u) the provision of facilities, services and equipment relating to aeronautics;

(v) the provision of aviation weather services by persons other than Her Majesty in right of Canada; and

(w) the application of the Convention on International Civil Aviation signed at Chicago, 7 December 1944, as amended from time to time.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 7.

4.91 (1) The Governor in Council may make regulations authorizing the Minister to make orders directing the ANS Corporation to maintain or increase the level of civil air navigation services it provides in accordance with such terms and conditions as may be specified in the orders.

(2) The Minister may make an order under subsection (1) only if the Minister is of the opinion that the order is necessary for aviation safety or the safety of the public.

(3) The ANS Corporation is not entitled to financial compensation for any financial losses that result or may result from the Minister making an order under subsection (1).

(4) An order under subsection (1) is exempt from examination, registration or publication under the Statutory Instruments Act.

1996, c. 20, s. 101.

5. The Governor in Council may make regulations

(a) limiting the hours of work of crew members of any aircraft operated by air carriers and of crew members of any aircraft used for carrying passengers;

(b) requiring owners and operators of aircraft to subscribe for and carry liability insurance and specifying the minimum amount of that insurance if the owners and operators are not required by regulations made by the Canadian Transportation Agency to subscribe for and carry liability insurance; and

(c) requiring persons providing aeronautical radio navigation services, within the meaning of subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to subscribe for and carry liability insurance and specifying the minimum amount of that insurance.

R.S., 1985, c. A-2, s. 5; R.S., 1985, c. 33 (1st Supp.), s. 1, c. 28 (3rd Supp.), s. 359; 1992, c. 4, s. 8; 1996, c. 10, s. 204, c. 20, s. 102.

5.1 The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public.

R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 8.

5.2 Regulations made under this Part respecting

(a) aeronautical products or equipment or facilities used to provide services relating to aeronautics,

(b) persons who operate or are engaged in the design, installation, inspection, maintenance, approval and certification of aeronautical products, equipment or facilities, or

(c) the provision of information services in relation to the operation of aircraft or conditions of flight

are in addition to and not in derogation of the provisions of the Radiocommunication Act and regulations made under that Act and, where there is any conflict between any regulation made under this Part and any regulation made under the Radiocommunication Act, the regulation made under the Radiocommunication Act prevails.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1989, c. 17, ss. 8, 15; 1992, c. 4, s. 9(F).

5.3 Regulations made under this Part respecting the use and operation of rockets are in addition to and not in derogation of the provisions of the Explosives Act and regulations made thereunder and, where there is any conflict between any regulation respecting rockets made under this Part and any regulation made under the Explosives Act, the regulation made under the Explosives Act prevails.

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