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Main page on: Aeronautics Act
Disclaimer: These documents are not the official versions (more).
Source: http://laws.justice.gc.ca/en/A-2/219139.html
Act current to September 15, 2006

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Prohibitions, Offences and Punishment

7.3 (1) No person shall

(a) knowingly make any false representation for the purpose of obtaining a Canadian aviation document or any privilege accorded thereby;

(b) wilfully destroy any document required under this Part to be kept;

(c) make or cause to be made any false entry in a record required under this Part to be kept with intent to mislead or wilfully omit to make any entry in any such record;

(d) wilfully obstruct any person who is performing duties under this Part;

(e) except as authorized under this Part, wilfully operate or otherwise deal with an aircraft that has been detained under this Part;

(f) wilfully do any act or thing in respect of which a Canadian aviation document is required except under and in accordance with the required document; or

(g) wilfully do any act or thing in respect of which a Canadian aviation document is required where

(i) the document that has been issued in respect of that act or thing is suspended, or

(ii) an order referred to in subsection 7.5(1) prohibits the person from doing that act or thing.

Contravention of subsection (1)

(2) Every person who contravenes subsection (1) is guilty of

(a) an indictable offence; or

(b) an offence punishable on summary conviction.

Contravention of Part, regulation, etc.

(3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction.

Contravention of subsection 4.81(1)

(3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.

Punishment, individuals

(4) An individual who is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding five thousand dollars and, in the case of an offence referred to in subsection (1), to imprisonment for a term not exceeding one year or to both fine and imprisonment.

Punishment, corporations

(5) A corporation that is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding twenty-five thousand dollars.

Punishment — ANS Corporation

(5.1) Notwithstanding subsection (5), where the ANS Corporation is convicted of contravening an order made under subsection 4.91(1), the ANS Corporation is liable to a fine not exceeding $25,000 for each day or part of a day the offence continues.

Punishment, subsequent offences

(6) Where a person is convicted of a second or subsequent offence under this Part, the fine shall not be less than two hundred and fifty dollars.

Imprisonment precluded in certain cases

(7) Where a person is convicted of an offence under this Part punishable on summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment unless the offence is an offence referred to in subsection (1).

Idem

(7.1) Where a person is proceeded against under section 8.4 and is convicted of an offence under this Part, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment in relation to the offence.

Recovery of fines

(8) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction shall be registered in the court and when registered has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

Recovery of costs and charges

(9) All reasonable costs and charges attendant on the registration of the conviction are recoverable in like manner as if they had been registered as part of the conviction.

R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 16; 1996, c. 20, s. 103; 2004, c. 15, s. 15.

7.31 Where an offence under this Part is committed or continued on more than one flight or segment of a flight, it shall be deemed to be a separate offence for each flight or segment of a flight on which the offence is committed or continued.

1992, c. 4, s. 17.

7.4 (1) Where a person is convicted on indictment of an offence referred to in paragraph 7.3(1)(f) or (g) in relation to the operation of a commercial air service, the court may, in addition to any other punishment it may impose, order that any aircraft used in the commercial air service be forfeited and, on the making of such an order, the aircraft is forfeited to Her Majesty in right of Canada.

Application by person claiming interest

(2) Where any aircraft is forfeited under subsection (1), any person, in this section referred to as the "applicant", other than a person convicted of the offence that resulted in the forfeiture, who claims an interest in the aircraft may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the aircraft is situated for an order under subsection (5).

Date of hearing

(3) A judge to whom an application is made under subsection (2) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

Notice

(4) An applicant shall serve a notice of the application and of the day fixed for the hearing of the application on the Minister at least fifteen days before the day so fixed.

Order by judge

(5) Where, on the hearing of an application, the judge is satisfied that the applicant

(a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted thereof, and

(b) exercised reasonable care to satisfy himself or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, notice, order, security measure or emergency direction made under this Part,

the applicant is entitled to an order by the judge declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of that interest.

Appeal

(6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court.

Application to Minister

(7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5),

(a) direct that the aircraft to which the interest of the applicant relates be returned to the applicant; or

(b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

Disposal of forfeited aircraft

(8) Where no application is made under this section for an order in relation to an interest in a forfeited aircraft or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the aircraft shall be disposed of in such manner as the Minister may direct.

R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 16.

7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally

(a) interfering with the performance of the duties of any crew member;

(b) lessening the ability of any crew member to perform that crew member's duties; or

(c) interfering with any person who is following the instructions of a crew member.

Punishment

(2) Every person who commits an offence under subsection (1) is liable

(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; and

(b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both.

Deeming — in flight

(3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation.

Application

(4) This section applies despite subsections 7.3(4) and (7).

2004, c. 15, s. 17.

7.5 (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

7.6 (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, 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.

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.

7.7 (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.

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.

7.8 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.

7.9 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.

7.91 (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.

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.

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.

Burden of proof

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

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.

7.92 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.

8. 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).

8.1 (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.

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.

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.

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.

8.2 (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.

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).

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.

8.3 (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.

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.

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).

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

8.4 (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.

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.

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.

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.

8.5 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.

8.6 Evidence relating to the presence or concentration of alcohol in the blood of a person obtained pursuant to any provision of the Criminal Code is admissible in evidence in proceedings taken against a person under this Part, and the provisions of section 258 of the Criminal Code, except paragraph 258(1)(a) thereof, apply, with such modifications as the circumstances require, to any such proceedings.

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

8.7 (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.

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.

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.

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.

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).

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.

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.

8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall

(a) give the Minister all reasonable assistance to enable the Minister to carry out the inspection or audit and exercise any power conferred on the Minister by that subsection; and

(b) provide the Minister with any information relevant to the administration of this Act or the regulations, notices, orders, security measures or emergency directions made under this Part that the Minister may reasonably require.

2004, c. 15, s. 22.

General

9. (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the federal public administration or employed under the direction of any department in the federal public administration that results directly from a flight undertaken by that person in the course of duty in the federal public administration.

Idem

(2) Regulations made under subsection (1) shall not extend to the payment of compensation for any death or injury in respect of which provision for the payment of other compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept the compensation instead of the other compensation, gratuity or pension under that other Act.

R.S., 1985, c. A-2, s. 9; R.S., 1985, c. 33 (1st Supp.), s. 1; 2003, c. 22, s. 89.

10. and 11. [Repealed, R.S., 1985, c. 33 (1st Supp.), s. 1]

PART II

[Repealed, R.S., 1985, c. 28 (3rd Supp.), s. 276]

PART III

Staff

25. 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

26. 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.

27. (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency to be 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.

Certificate

(2) In any action or proceeding under this Act, any certificate purporting to be signed by the Minister, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency stating 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,

is evidence of the facts stated therein, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof thereof.

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.

28. 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]

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

30. [Repealed, 2001, c. 29, s. 44]

31. [Repealed, 2001, c. 29, s. 44]

32. [Repealed, 2001, c. 29, s. 44]

33. [Repealed, 2001, c. 29, s. 44]

34. [Repealed, 2001, c. 29, s. 44]

35. [Repealed, 2001, c. 29, s. 44]

36. [Repealed, 2001, c. 29, s. 44]

37. [Repealed, 2001, c. 29, s. 44]

SCHEDULE

Subsections 4.81(1) and (10) and 4.82(4) and (5)

1. The person's surname, first name and initial or initials

2. The person's date of birth

3. The person's citizenship or nationality or, if not known, the country that issued the travel documents for the person's flight

4. The person's gender

5. The number of the person's passport and, if applicable, the number of the person's visa or residency document

6. The date on which the person's passenger name record was created

7. If applicable, a notation that the person arrived at the departure gate with a ticket but without a reservation for the flight

8. If applicable, the names of the travel agency and travel agent that made the person's travel arrangements

9. The date on which the ticket for the person's flight was issued

10. If applicable, a notation that the person exchanged their ticket for the flight

11. The date, if any, by which the person's ticket for the flight had to be paid for to avoid cancellation of the reservation or the date, if any, on which the request for a reservation was activated by the air carrier or person who operates the aviation reservation system

12. The number assigned to the person's ticket for the flight

13. If applicable, a notation that the person's ticket for the flight is a one-way ticket

14. If applicable, a notation that the person's ticket for the flight is valid for one year and is issued for travel between specified points with no dates or flight numbers assigned

15. The city or country in which the travel included in the person's passenger name record begins

16. The itinerary cities, being all points where the person will embark or disembark

17. The name of the operator of the aircraft on which the person is on board or expected to be on board

18. The names of the operators of aircraft over whose air routes all other segments of air travel included in the person's passenger name record are undertaken, including, for each segment, the name of any operator of aircraft other than the operator that issued the ticket

19. The code of the operator of the aircraft and the identification number for the person's flight

20. The person's destination

21. The travel date for the person's flight

22. Any seat assignment on the person's flight that was selected for the person before departure

23. The number of pieces of baggage checked by the person to be carried in the aircraft's cargo compartment on the flight

24. The tag numbers for the person's baggage

25. The class of service in respect of the person's flight

26. Any stated seat request in respect of the person's flight

27. The person's passenger name record number

28. The phone numbers of the person and, if applicable, the phone number of the travel agency that made the person's travel arrangements

29. The person's address and, if applicable, the address of the travel agency that made the travel arrangements

30. The manner in which the person's ticket was paid for

31. If applicable, a notation that the person's ticket was paid for by another person

32. If applicable, a notation that there are gaps in the itinerary included in the person's passenger name record that necessitate travel by an undetermined method

33. Routing information in respect of the travel included in the person's passenger name record, being the departure and arrival points, codes of the operators of the aircraft, stops and surface segments

34. If applicable, a notation that the person's ticket is in electronic form and stored electronically in an aviation reservation system

2004, c. 15, s. 23.






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