Aeronautics Act - November 2007 Consolidation - NOT IN FORCE

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AERONAUTICS ACT
	An Act to authorize the control of aeronautics
	Short Title
Short title	1. This Act may be cited as the Aeronautics Act.
	Her Majesty
Binding on Her Majesty	2. This Act is binding on Her Majesty in right of Canada or a province.
	Interpretation
Definitions	3. (1) In this Act,
"ANS Corporation" « sociéte »	"ANS Corporation" means NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act;
"aerodrome" « aérodrome »	"aerodrome" means any area of land, water (including the frozen surface thereof) or other supporting surface used, designed, prepared, equipped or set apart for use either in whole or in part for the arrival, departure, movement or servicing of aircraft and includes any buildings, installations and equipment situated thereon or associated therewith;
"aeronautical product" «produits aéronautiques»	"aeronautical product" means any aircraft, aircraft engine, aircraft propeller or aircraft appliance or part or the component parts of any of those things, including any computer system and software;
"air carrier" « transporteur aérien »	"air carrier" means any person who operates a commercial air service;
"aircraft" « aéronef »	"aircraft" means any machine capable of deriving support in the atmosphere from reactions of the air, and includes a rocket;
"airport" « aéroport »	"airport" means an aerodrome in respect of which a Canadian aviation document is in force;
"air navigation services" « services de navigation aérienne »	"air navigation services" has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act;
"air traffic control services" « services de contrôle de la circulation aérienne »	"air traffic control services" has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act;
"aviation reservation system'' « système de réservation de services aériens »	"aviation reservation system'' means a system that provides the capability to make reservations or issue tickets for air services;
"aviation security regulation'' « règlement sur la sûreté aérienne »	"aviation security regulation'' means a regulation made under subsection 4.71(1);
"Canadian aircraft" « aéronef canadien »	"Canadian aircraft" means an aircraft registered in Canada;
"Canadian aviation document'' « document d'aviation canadien »	"Canadian aviation document'' means, subject to subsection (3), any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, other facility, equipment or service;
"Civil air navigation services" « services de navigation aérienne civile »	"civil air navigation services" has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act;
"commercial air service" « service aérien commercial »	"commercial air service" means any use of aircraft for hire or reward but does not include use of an aircraft that (a) is being used for private purposes under a fractional ownership program, or (b) is operated on a cost-recovery basis and is being used for the conduct of services of Her Majesty in right of Canada or of a province, of an agency of Her Majesty in either of those rights, of other governments, of public organizations that provide services relating to aeronautics in Canada or abroad or of organizations responsible for doing so pursuant to an Act of Parliament or of a province;
"emergency direction'' « directive d'urgence »	"emergency direction'' means a direction made under section 4.76 or 4.77;
"fractional ownership program" « programme de multipropriété »	"fractional ownership program" means a program that conforms with the regulations and in which two or more aircraft are available, subject to certain conditions, for use by the participants in the program, who each own at least part of one of the aircraft;
"hire or reward" « rémunération »	"hire or reward" means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of an aircraft;
"instrument" « texte d'application »	"instrument" means a regulation made under this Act, an order made under this Act by the Minister or a person authorized by the Minister to do so or a notice issued under section 5.1;
"interim order" « arrêté d'urgence »	"interim order" means an interim order made under subsection 6.41(1) or (1.1);
"management systems" « systéme de gestion »	“management system” means a documented risk management process that integrates operations and technical systems with the management of financial and human resources, in order to reduce risks to the lowest possible level and make continuous improvement to aviation safety and the safety of the public
"Minister" « ministre »	"Minister" means (a) subject to paragraph (b), the Minister of Transport, and (b) the Minister of National Defence — or, under the direction of the Minister of National Defence, the Chief of the Defence Staff appointed under the National Defence Act — with respect to any matter relating to defence, including any matter relating to any of the following: (i) military personnel, a military aeronautical product, a military aerodrome, any other military facility relating to aeronautics or military equipment, of Canada or a foreign state, and (ii) a service relating to aeronautics provided by such personnel, by means of such an aeronautical product or such equipment or at such an aerodrome or other facility;
"pilot-in-command" « commandant de bord »	"pilot-in-command" means, in relation to an aircraft, the pilot having responsibility and authority for the operation and safety of the aircraft during flight time;
"registered owner" « propriétaire enregistré »	"registered owner", in respect of an aircraft, means the person to whom a certificate of registration for the aircraft has been issued by the Minister under Part I or in respect of whom the aircraft has been registered by the Minister under that Part;
"security clearance" « habilitation de sécurité »	"security clearance" means a security clearance granted under section 4.8 to a person who is considered to be fit from a transportation security perspective;
"security measure" « mesure de sûreté »	"security measure" means a measure made under subsection 4.72(1) or 4.73(1);

"superior court" « juridiction supérieure »	"superior court" means (a) in the Provinces of Prince Edward Island and Newfoundland, the trial division of the Supreme Court of the Province, (a.1) in the Province of Ontario, the Superior Court of Justice, (b) in the Province of Quebec, the Superior Court of the Province, (c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench for the Province, (d) in the Provinces of Nova Scotia and British Columbia, the Supreme Court of the Province, and (e) the Supreme Court of Yukon, The Supreme Court of the Northwest Territories and the Nunavut Court of Justice;
"Tribunal" « Tribunal »	‘‘Tribunal‘‘ means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.
"violation" « violation »	"violation" means a contravention of this Act or of an instrument, a security measure or an emergency direction made under this Act that is designated as a violation by regulations made under paragraph 8(a).


Other Minister	(2) Despite paragraph (a) of the definition "Minister" in subsection (1), the Governor in Council may designate any Minister other than the Minister of Transport as the Minister for the purposes of this Act.
Exception	(3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.21:
	(a) a security clearance;
	(b) a restricted area pass that is issued by the Minister in respect of an aerodrome that the Minister operates; and
	(c) a Canadian aviation document specified in an aviation security regulation for the purpose of this subsection.
	PURPOSE OF THE ACT
Purpose	3.1 The purpose of this Act is to provide for safe, efficient and environmentally responsible aeronautical activities, by means including
	(a) promoting and providing for the safety and security;
	(b) recognizing the responsibility of persons regulated under this Act for the safety and security of their activities under this Act;
	(c) encouraging the cooperation and participation of persons regulated under this Act and of other interested persons in the development and implementation of modern, flexible and efficient policies, programs and laws for the continuing enhancement of the safety and security of aeronautical activities;
	(d) establishing effective and efficient compliance and enforcement processes; and
	(e) ensuring that Canada can meet its international obligations relating to aeronautical activities.
	3.2 In the event of any inconsistency between the provisions of this Act or anything issue, made or established under this Act, and the provisions of the Canada Labour Code, the provisions of that Act prevail to the extent of the inconsistency.
	PART I AERONAUTICS
	Application of Part
Application of Part	4. (1) Subject to any regulations made under paragraph 4.9(z), 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 on those aircraft outside Canada.
Application of foreign law	(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.
Conflicts	(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.
Contraventions outside Canada	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.
	Responsibilities of Minister
Minister's responsibilities respecting aeronautics	4.2 (1) The Minister is responsible for the development and regulation of aeronautics and the supervision of all matters connected with aeronautics and, shall require that aeronautical activities be performed at all times in a manner that meets the highest safety and security standards. In the discharge of those responsibilities, the Minister may
	(a) promote aeronautics by such means as the Minister considers appropriate;
	(b) construct, operate and maintain aerodromes and, *subject to section 10 of the Civil Air Navigation Services Commercialization Act, construct, operate and maintain* other facilities relating to aeronautics and establish and provide services relating to aeronautics;
	(c) establish and provide facilities and services, subject to section 10 of the Civil Air Navigation Services Commercialization Act, for the collection, publication or dissemination of information relating to aeronautics and enter into agreements 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 aircraft and aeronautical equipment used for the conduct of services of Her Majesty in right of Canada or of a province, of other governments, of public organizations that provide services relating to aeronautics in Canada or abroad or of organizations responsible for doing so pursuant to an Act of Parliament or of a province;
	(f) Repealed
	(g) provide services relating to aeronautics to Her Majesty in right of Canada or of a province, to other governments, to public organizations that provide services relating to aeronautics in Canada or abroad or organizations responsible for doing so pursuant to an Act of Parliament or of a province, or to international organizations;
	(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 with the aeronautics authorities of other governments or with organizations acting on behalf of other governments, in Canada or abroad, or enter into administrative arrangements with them, with respect to any matter relating to aeronautics;
	(k) investigate, examine and report on the operation and development of aeronautical activities;
	(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) subject to subsection (3), investigate matters concerning aviation safety or security; and
	(o) undertake such other activities in relation to aeronautics as the Minister considers appropriate or as the Governor in Council may direct.
	(1.1) The Minister shall maintain a program for the oversight and surveillance of aviation safety in order to achieve the highest level of safety established by the Minister.
Investigations by Minister of Transport	(2) An investigation carried out by the Minister of Transport under paragraph (1)(n) may not have as its purpose the making of findings as to the causes and contributing factors of an aviation accident or incident.
Exception ¾ investigations of military-civilian occurrences	(3) Investigations into military-civilian occurrences within the meaning of Part II shall be carried out by the Airworthiness Investigative Authority, designated by the Minister of National Defence under section 11.
Authorization by Minister	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.
Exception	(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.
Ministerial orders	(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.
Deputy may be authorized to make orders	(3) The Minister may authorize his deputy to make orders with respect to the matters referred to in paragraph 4.9(l).
	Charges
Subdelegation	4.31 Any person whom the Minister of National Defence has authorized to exercise or perform powers, duties or functions relating to airworthiness may, in accordance with the authorization, subdelegate any of those powers, duties or functions to any person under the person's authority.
Regulations imposing charges	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.
Idem	(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.
Regulations respecting charges	(3) Any regulation made under subsection (1) or (2) may prescribe the amount of charges imposed thereunder.
Debt due to Her Majesty	(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.
Joint and several or solidary liability	(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.
Security for payment of charges	(6) The Governor in Council may make regulations requiring persons who are subject to charges imposed under this section to deposit each year with the Minister security, in the form of a bond or letter of credit satisfactory to the Minister and in an amount satisfactory to the Minister, to ensure full payment of the charges to be imposed in the next following year.
Default of payment	(6.1) The Minister may suspend or refuse to issue, renew or amend a Canadian aviation document, or suspend or refuse to grant, renew or amend any privilege accorded by one, if the applicant for or the holder of the document, or the owner, operator or provider, as the case may be, of the aeronautical product, aerodrome, other facility, equipment or service to which the document relates, is in default of payment of any charge owed to the Minister under this section.
Notice	(6.2) The Minister shall serve the applicant, holder, owner, operator or provider, as the case may be, with notice of a decision made under subsection (6.1) and, in the case of a suspension, of the effective date of the suspension, which may not be earlier than 30 days after the notice is served.
Non-application of certain provisions	(6.3) Subsections (6.1) and (6.2) do not apply to a member of the Canadian Forces acting in the circumstances in the course of their duties in relation to a Canadian aviation document issued in respect of a military aeronautical product, a military aerodrome, any other military facility relating to aeronautics, military equipment, or a service relating to aeronautics provided by means of such an aeronautical product or such equipment or at such an aerodrome or facility.
Interest on charge	(7) Every charge imposed by regulations made under this section bears interest in accordance with regulations.
Civil air navigation services	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.
Minister of National Defence	(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.
Seizure and detention for charges	4.5 (1) If the amount of any charge and interest on the charge due by a person that has been imposed under section 4.4 has not been paid, then, in addition to any other remedy available for the collection of the amount and whether or not proceedings in respect of it have already been begun, on application to the superior court of the province in which any aircraft owned or operated by the person is situated the Minister may obtain an order of the court, issued on any terms that it considers necessary, authorizing the Minister to seize and detain the aircraft.
Application ex parte	(2) If the Minister has reason to believe that a person referred to in subsection (1) is about to leave Canada or take from Canada any aircraft owned or operated by them, then the application referred to in subsection (1) may be made ex parte but all the other provisions of that subsection remain unchanged.
Release on payment	(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.
Release on security	(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.
Exempt aircraft	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.
Idem	(2) The Governor in Council may by regulation exempt any aircraft from seizure and detention under section 4.5.
	Aviation Security
	Interpretation
Definitions	4.7 The following definitions apply in sections 4.71 to 4.85.
"goods" « bien »	"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" « contrôle »	"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.
	Aviation Security Regulations
Aviation security regulations	4.71 (1) The Governor in Council may make regulations respecting aviation security.
Contents of regulations	(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.
	Security Measures
Minister may make security measures	4.72 (1) The Minister may make measures respecting aviation security.
Restriction	(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.
Suspension of s. 4.79(1) and repeal of security measure	(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.
Effect of notice	(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.
Consultation	(5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.
Exception	(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.
Minister may carry out security measure	(7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so.
Deputy may make measures	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.
Restriction	(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.
Minister may carry out security measure	(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.
Duration	(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.
Relationship with regulations	4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation.
Conflict	(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.
	Foreign Aircraft Requirements
Foreign aircraft requirements	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.
	Emergency Directions
Emergency directions	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.
Authorized officer may make emergency direction	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.
Duration	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.
Relationship with regulations and security measures	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.
Conflict	(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.
	Unauthorized Disclosure
Unauthorized disclosure - security measures	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.
Court to inform Minister	(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.
Order	(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.
	Security Clearances
Granting, suspending, etc.	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.
	Provision of Information
Definition	4.81 (0.1) The following definition applies in this section and in section 4.82.
"transportation security" « sûreté des transports »	"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.
Requirement to provide information	(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.
Restriction on disclosure - Department of Transport	(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.
Restriction on disclosure - other persons	(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).
Restriction on further disclosures	(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).
Deeming	(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).
Destruction of information	(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.
Destruction of information	(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.
Destruction of information	(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).
Application	(9) Subsections (6) to (8) apply despite any other Act of Parliament.
Amendment of schedule	(10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule.
Foreign states requiring information	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.
Restriction - government institutions	(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.
Regulations	(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.
	Screenings
Designation of persons to conduct	4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify.
Prohibition - persons and goods	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.
Prohibition - conveyances	(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.
Prohibition relating to air carriers	(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.
Prohibition relating to persons who accept goods for transportation	(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.
	Air Carrier and Aerodrome Assessments
Assessment	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.
	Verifying Compliance and Testing Effectiveness
No offence	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.
	General Regulatory Powers
Aeronautics regulations	4.9 The Governor in Council may make any regulation respecting aeronautics that prescribes anything that by this Part is to be prescribed or that is generally for the carrying out of the purposes and provisions of this Part, including 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;
	(c.1) safety management systems and programs that provide for
	(i) the appointment of an executive
	(A) responsible for operations and activities authorized under a certificate issued pursuant to a regulation made under this Act, and
	(B) accountable for the extent to which the requirements of the applicable safety management system or program have been met,
	(ii) the implementation, as a result of any risk management analysis, of the remedial action required to maintain the highest level of safety,
	(iii) continuous monitoring and regular assessment of the level of safety achieved, and
	(iv) the involvement of employees and their bargaining agents in the development and implementation of the applicable safety management system or program;
	(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, and aircraft engine emissions;
	(g) the certification of air carriers and other persons that operate aircraft for passenger transportation;
	(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 goods, including personal belongings, baggage and cargo, 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) Repealed
	(q) Repealed
	(r) Repealed
	(s) the keeping and preservation of records, documents and information 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, and the provision to the Minister of the records, documents and information;
	(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) measures, which may include limiting hours of service, to mitigate the negative impact of fatigue in respect of the aeronautical activities of crew members, air traffic controllers, persons engaged in the maintenance or installation of aeronautical products or any other person who provides services relating to aeronautics that have a direct impact on aviation safety or security;
	(w) a requirement to subscribe for and carry liability insurance on the part of operators of aerodromes, of other facilities relating to aeronautics and of aeronautical equipment, on the part of providers of services relating to aeronautics and on the part of organizations designated under subsection 5.31(1), and the minimum amount of that insurance;
	(x) a requirement to subscribe for and carry liability insurance on the part of registered owners and operators of aircraft, if they are not required to subscribe for and carry liability insurance by regulations made by the Canadian Transportation Agency, and the minimum amount of that insurance;
	(y) the provision of aviation weather services by persons other than Her Majesty in right of Canada; and
	(z) the application of the Convention on International Civil Aviation signed at Chicago, 7 December 1944, as amended from time to time.
Investigations by Minister of National Defence	4.901 The Governor in Council may make regulations respecting investigations carried out by the Minister of National Defence under paragraph 4.2(1)(n), including regulations respecting:
	(a) the preservation, protection and removal of an aircraft involved in an accident, of personal belongings, baggage and cargo on the aircraft, of any records relating to the aircraft or its flight and of any part of the aircraft, as well as the testing of any part of the aircraft and the protection of sites of aircraft accidents;
	(b) the investigation of any accident involving an aircraft, any alleged contravention of a provision of this Act or of an instrument made under this Act, or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons; and
	(c) the taking of statements by investigators for the purpose of an investigation referred to in paragraph (b).
Regulations	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 that it provides, or introduce a civil air navigation service, in accordance with any terms and conditions that the Minister specifies in the orders. However, the Minister may make an order directing the introduction of a service only if an aeronautical safety study has been carried out and the Minister is of the opinion that the results of the study justify the introduction of the service.
Order must relate to safety	(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.
No compensation	(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).
Exemption	(4) An order under subsection (1) is exempt from examination, registration or publication under the Statutory Instruments Act.
Service — general	5. (1) Subject to subsection (2), all service of notices or other documents required or authorized to be served under this Act shall be by personal service, by registered mail sent to the recipient's last known address or by any other means prescribed by regulations made under subsection (3).
Service on Minister	(2) All service of notices or other documents required or authorized to be served under this Act on the Minister shall be by registered mail sent to the Minister's office, by the notice or other document being left at the Minister's office or by any other means prescribed by regulations made under subsection (3).
Service — regulations	(3) The Governor in Council may make regulations respecting the service of notices or other documents required or authorized to be served under this Act, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served.
Restrictions and prohibitions for safety or security purposes	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 authorized person specifies, if, in the opinion of the Minister or authorized person, the prohibition or restriction is necessary for aviation safety or security, is necessary for the protection of the public or is in the public interest.
Relationship to Radio Act	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.
Relationship to Explosives Act	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.
	Designated Organizations
Designation	5.31 (1) The Minister of Transport may designate, to exercise or perform any of the powers, duties and functions set out in subsection (2), one or more organizations whose activities relate to aeronautics and that meet the following conditions:
	(a) an aeronautical safety study has been carried out in respect of the organization and the results of the study show, in that Minister’s opinion, that the organization’s particular activities in respect of which it would be able to exercise the powers, duties and functions to be set out in the certificate of designation referred to in subsection (1.1) represent a low level of risk in relation to aviation safety and security.
	(b) the organization’s activities de not include the air transportation of fare-paying passengers; and
	c) any condition prescribed by regulation.
	(1.1) The Minister shall give a designated organization a certificate of designation setting out its powers, duties and functions and the terms of conditions under which they may be exercised or performed.
	(1.1) The Minister of Transport shall cause to be laid before each House of Parliament, not later than March 31 in each year or, if that House is not then sitting, on any of the first 30 days next thereafter that the House is sitting, a list of the organizations designated under subsection (1).
Designated organizations	(2) Subject to paragraph (8), a designated organization may exercise or perform the powers, duties and functions set out in its certificate of designation, which may be any of the following:
	(a) the establishment of standards for the certification of persons undertaking aeronautical activities prescribed by regulation, and the certification of the persons;
	(b) the establishment of rules governing the prescribed aeronautical activities; and
	(c) the establishment of standards for the issuing of approvals and authorizations for activities that are subject to the rules or any regulations or orders made under this Part, and the issuing of the approvals and authorizations.
Powers necessary	(3) A designated organization has all the powers necessary to monitor compliance with the standards and rules that it establishes.
Certification	(4) A designated organization that is authorized under its certificate of designation to certify persons undertaking prescribed aeronautical activities may, in accordance with the certification standards that it has established, renew, amend, endorse, suspend or cancel the certification.
Authorizations and approvals	(5) A designated organization that is authorized under its certificate of designation to issue approvals and authorizations may, in accordance with the standards that it has established for issuing approvals and authorizations, renew, amend, suspend or cancel the approvals or authorizations.
Exercise of powers	(6) The designated organization shall exercise the powers and perform the duties and functions conferred on it in the manner prescribed by regulation.
	(7) The Minister shall maintain a program for the oversight and surveillance of the aeronautical activites of holders of certificates of designation issued pursuant to subsection (1.1)
	(8) The standards and rules established by a holder of a certificate of designation pursuant to subsection (2) shall be reviewed and approved by the Minister of Transport before being published in accordance with subsection 5.36(2).
Request for review	5.32 (1) An applicant for or holder of a certificate, approval or authorization may file a written request with the Tribunal for a review of a decision made by a designated organization under subsection 5.31(2) not to certify them or not to issue them an approval or authorization, or of a decision made by a designated organization under subsections 5.31(4) or (5), within 30 days after the day on which they were served with the notice of the decision or within any further time that the Tribunal allows on application.
Non-payment of charges	(2) An applicant or holder may not request under subsection (1) a review of a decision relating to the non-payment of charges imposed under section 5.35.
Time and place for review	(3) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review hearing and shall notify the designated organization and the person who filed the request of the time and place in writing.
Review procedure	(4) The member of the Tribunal assigned to conduct the review shall provide the designated organization and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Determination by member	(5) The member of the Tribunal may determine the matter by confirming the designated organization's decision or referring the matter to the Minister for consideration.
Right of appeal	5.33 (1) Within 30 days after the day on which they received notice of the determination made under subsection 5.32(5), the applicant for or holder of a certificate, approval or authorization may appeal the determination to the Tribunal.
Loss of right of appeal	(2) An applicant or holder who does not appear at a review hearing may not appeal the determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal	(3) The appeal panel of the Tribunal may dismiss the appeal or refer the matter to the Minister for consideration.
Minister	5.34 If a matter is referred to the Minister for consideration under subsection 5.32(5) or 5.33(3), the Minister may confirm, revise or rescind the designated organization's decision. The Minister's decision is final.
Charges	5.35 A designated organization may impose on persons — or classes of persons — undertaking prescribed aeronautical activities charges that relate to costs reasonably incurred by the designated organization in the performance or exercise of its powers, duties and functions and that it establishes in accordance with any charging principles prescribed by regulation.
Consultation	5.36 (1) Before establishing or revising a standard or rule referred to in subsection 5.31(2) or a charge referred to in section 5.35, a designated organization shall consult with persons undertaking the prescribed aeronautical activities.
Publication	(2) The designated organization shall publish those standards and rules and the amount of any charge on any Internet site that it uses to describe its activities, and shall make all information about the standards, rules and charges available to the public for consultation at its offices.
Review by the Minister	5.37 (1) The Minister may, on application by a directly affected person brought within 60 days after the day on which the amount of any charge referred to in subsection 5.36(2) was published, review the amount of the charge.
Notice	(2) The Minister shall as soon as possible notify the designated organization of the application.
Effect of application	(3) An application for review does not prevent the charge from becoming effective or prevent the designated organization from imposing the charge pending the outcome of the review.
Minister's decision	(4) After examining the application and any supporting documentation, the Minister may confirm the amount of the charge or direct the designated organization to revise the amount and to refund any overpayment.
Notification of decision	(5) The Minister shall as soon as practicable notify the applicant and the designated organization of the decision and provide written reasons for it.
Compliance	(6) The designated organization shall comply with the Minister's decision. If the Minister has directed the designated organization to revise the amount of a charge it need not conduct the consultation referred to in subsection 5.36(1), but shall publish the revised amount in accordance with subsection 5.36(2).
Decision final	(7) The Minister's decision is final.
Regulations	5.38 The Governor in Council may make regulations
	(a) prescribing the conditions an organization must meet for the Minister to designate it under subsection 5.31(1);
	(b) respecting the manner in which a designated organization is to exercise or perform its powers, duties and functions;
	(c) prescribing aeronautical activities for the purposes of section 5.31; and
	(d) establishing charging principles for the establishment of charges referred to in section 5.35.
	5.381(1) On the expiration of three years after their coming into force, sections 5.31 to 5.38 shall be referred to the committee of each House of Parliament that normally considers matters relating to air transport.
	(2) Each committee referred to in subsection (1) shall, as soon as practicable, undertake a comprehensive review of sections 5.31 to 5.38 and their operation and shall, within six months after the review is undertaken, submit a report to Parliament thereon, including such recommendations pertaining to the continuation of those sections and changes required therein as the committee may wish to make.
	Management Systems
Regulations	5.39 The Governor in Council may make regulations respecting
	(a) the establishment and implementation of management systems by holders of Canadian aviation documents to provide for the safety of aeronautical activities and compliance with this Part;
	(b) the designation by a holder of a Canadian aviation document of an individual responsible for the establishment and implementation of management systems on the holder's behalf; and
	(c) reviews and audits by holders of Canadian aviation documents of their management systems.
	5.3901 The Minister of Transport shall carry out inspections of the aeronautical activities of holders of Canadian aviation documents who are required to have a management system.
Order	5.391 (1) The Minister may by order require a holder of a Canadian aviation document to enhance its management systems, or to take corrective measures respecting the systems, if the Minister considers that the systems have deficiencies that risk compromising the safety of aeronautical activities.
Compliance	(2) The holder of a Canadian aviation document shall comply with the order.
Statutory Instruments Act	*(3) The Statutory Instruments Act* does not apply to an order made under subsection (1).**
Identification confidential	5.392 (1) If a holder of a Canadian aviation document has a management system with a process that requires or encourages its employees to disclose to it any thing or circumstance that could present a risk to the safety of aeronautical activities, including the fact that there has been a contravention of a provision of this Act or of an instrument made under this Act, then any information disclosed under the process that comes into the Minister's possession is confidential, and the Minister shall not disclose it or make it available except in the following circumstances:
	(a) a court or other body that has jurisdiction to compel the production or discovery of information orders its disclosure;
	(b) the information is disclosed or made available in a form that prevents it from being related to an identifiable person; or
	(c) the Minister considers that disclosing the information or making it available is necessary for the purposes of section 7.1.
Use of information in proceedings	(2) Information disclosed under a process referred to in subsection (1) may not be used in the taking of any measure, or in any proceedings, against the document holder or the employee who disclosed it for a contravention of this Act or of an instrument made under this Act.
	(3) The holder of a Canadian aviation document shall not use information disclosed under a process referred to in subsection (1) in the taking of any disciplinary proceedings agsinst the employee who disclosed the information, except in accordance with any conditions that are established under the management system of the document holder and that relate to the disclosure of any thing or circumstance that could present a rsisk to the safety of aeronautics activities.
	(4) The holder of a Canadian aviation document shall not take any reprisal, including any measure that adversely affects the employee’s employment or working conditions, against any employee of the holder for the reason only that the employee disclosed to any person information regarding alleged actions or omissions of another person, provided that the information has first been disclosed in good faith under a process referred t in subsection (1).
Information confidential	5.393 (1) If an operator of aircraft has a management system with a process for the collection, analysis and use of information derived from a flight data recorder, then any information collected under the process that comes into the Minister's possession is confidential, and the Minister shall not disclose it or make it available except in the following circumstances:
	(a) a court or other body that has jurisdiction to compel the production or discovery of information orders its disclosure;
	(b) the information is disclosed or made available in a form that prevents it from being related to an identifiable person; or
	(c) the Minister considers that disclosing the information or making it available is necessary for the purposes of section 7.1.
Use of information in proceedings	(2) Information collected under a process referred to in subsection (1) may not be used in the taking of any measure, or in any proceedings, against the operator, the operator's crew members or other persons employed or engaged by the operator for a contravention of this Act or of an instrument made under this Act.
	(3) The operator of aircraft may not use information collected under a process referred to in subsection (1) in the taking of any disciplinary proceedings against any of its employees, except in accordance with any conditions that are established in relation to that process.
	Flight Data Analysis Agreements
Agreements	5.394 (1) The Minister, for the purpose of promoting aviation safety, may enter into an agreement with an operator of aircraft respecting the collection, analysis, use and disclosure of information derived from a flight data recorder. However, before entering into the agreement, the Minister shall consult with the operator’s employees who would be affected by the agreement.
Information confidential	(2) Information disclosed to the Minister under an agreement referred to in subsection (1) is confidential and shall not knowingly be disclosed or made available except in accordance with the agreement, unless a court or other body that has jurisdiction to compel the production or discovery of information orders its disclosure.
Use of information	(3) Information disclosed to the Minister under an agreement referred to in subsection (1) may not be used in the taking of any measure, or in any proceedings, against the operator, the operator's crew members or other persons employed or engaged by the operator for a contravention of this Act or of an instrument made under this Act.
	Voluntary Reporting
Aviation safety and security program	5.395 (1) The Minister may establish, in accordance with the regulations, a program to promote aviation safety and security under which a person may report in accordance with the regulations any information relating to aviation safety and security, including the fact that they have contravened a provision of this Act or of an instrument or a security measure made under this Act.
Designation	(2) The Minister may designate a person or body to administer, in accordance with the regulations, the program set out in subsection (1).
Protection	5.396 (1) If a person reports a contravention under the program referred to in subsection 5.395(1), they may not, except in the circumstances specified in subsection (2), be found to have committed the contravention in any proceedings under this Act before any court or other body that has jurisdiction to hear the matter.
Exceptions	(2) A person does not have the protection of subsection (1) if
	(a) the contravention that they committed was
	(i) a contravention of this Act, or of an instrument or a security measure made under this Act, that relates to an aviation accident the reporting of which is mandatory under regulations made under section 24.1 of this Act or made under section 31 of the Canadian Transportation Accident Investigation and Safety Board Act,
	(ii) an offence set out in subsection 7.3(1) or 7.41(1), or any other contravention of this Act, or of an instrument or a security measure made under this Act, that was committed wilfully, or
	(iii) a contravention of any provision that is prescribed by regulation;
	(b) within the two-year period before the contravention, they have been found to have contravened this Act, or an instrument or a security measure made under this Act, or they have made use of the protection of subsection (1) in any proceeding before a competent tribunal in respect of a contravention of this Act or of an instrument or a security measure made under this Act;
	(c) their employer has a management system established under regulations made under section 5.39 with a process that requires or encourages employees to disclose to their employer any thing or circumstance that could present a risk to the safety of aeronautical activities, and they did not disclose the contravention to their employer in accordance with that process; or
	(d) their employer has a security management system established under regulations made under section 4.71 with a process that requires or encourages employees to disclose to their employer any thing or circumstance that could present a risk to aeronautical security, and they did not disclose the contravention to their employer in accordance with that process.
Use of information	5.397 (1) The Minister and any person or body designated under subsection 5.395(2) may, subject to this section, make any use that they consider necessary in the interests of aviation safety and security of any information reported under the program referred to in subsection 5.395(1).
Information confidential	(2) Information reported under the program referred to in subsection 5.395(1) that could be related to an identifiable person is confidential and shall not knowingly be disclosed or made available.
Legal proceedings	(3) No person may be required, in connection with any legal, disciplinary or other proceedings, to give evidence relating to any information referred to in subsection (2) or to make any oral statement or produce any written statement containing such information.
Use prohibited	(4) Information reported under the program referred to in subsection 5.395(1) may not be used against the person who reported it in any legal, disciplinary or other proceedings.
	(5) Information reported by an employee under the program referred to in subsection 5.395(1) may not be used against the employee to take any reprisals, including any measure that adversely affected the employee's employment or working conditions.
Regulations	5.398 The Governor in Council may, by regulation,
	(a) provide for the manner in which the program referred to in subsection 5.395(1) is to be established and administered;
	(b) establish, for the program referred to in subsection 5.395(1), the time within which reports are to be made, the manner in which they are to be made and the manner in which they are to be dealt with; and
	(c) specify, for the purpose of subparagraph 5.396(2)(a)(iii), contraventions for which a person does not have the protection of subsection 5.396(1).
	Aerodrome Zoning
Definitions	5.4 (1) The following definitions apply in this section and sections 5.5 to 5.85.
"aerodrome site" « aérodrome désigné »	"aerodrome site" means any land that is not part of an existing aerodrome, that is declared by order of the Governor in Council to be required for use as an aerodrome and that is either
	*(a) federal real property or a federal immovable within the meaning of section 2 of the Federal Real Property and Federal Immovables Act, or*
	*(b) the subject of a notice of intention to expropriate registered under section 5 of the Expropriation Act;*
"airport site" « zone aéroportuaire »	"airport site" [Repealed]
"federal aerodrome" « aérodrome fédéral »	"federal aerodrome" means an aerodrome owned by the federal government and operated either by the federal government or by an airport authority pursuant to a lease;
"federal airport" « aéroport fédéral »	"federal airport" [Repealed]
"lands" « biens-fonds »	"lands" include water (and the frozen surface thereof) and any other supporting surface;
"object" « éléments »	"object" includes an object of natural growth;
"owner" « propriétaire »	"owner", in respect of land or a building, structure or object, includes any person — other than a lessee — who has a right, title or interest in the land, building, structure or object, or in the province of Quebec has a real right in it or is a trustee in respect of it;
"provincial authority" « autorité provinciale »	"provincial authority" means an authority in a province responsible for the regulation of land use;
"zoning regulation" « règlements de zonage »	"zoning regulation" means any regulation made pursuant to subsection (2).

Zoning regulation	(2) The Governor in Council may make regulations for the purposes of
	(a) preventing lands adjacent to or in the vicinity of a federal aerodrome or an aerodrome site from being used or developed in a manner that is, in the Minister's opinion, incompatible with the operation of an aerodrome;
	(b) preventing lands adjacent to or in the vicinity of an aerodrome or aerodrome site from being used or developed in a manner that is, in the Minister's opinion, incompatible with the safe operation of an aerodrome or aircraft; and
	(c) preventing lands adjacent to or in the vicinity of equipment or facilities used to provide services relating to aeronautics from being used or developed in a manner that would, in the Minister's opinion, cause interference with signals or communications to and from aircraft, that equipment or those facilities.
Conditions precedent	(3) The Governor in Council may not make a zoning regulation under paragraph (2)(a) unless
	(a) the Minister, after making a reasonable attempt to do so, has been unable to reach an agreement with the government of the province in which the lands are situated providing for the use or development of the lands in a manner that is compatible with the operation of an aerodrome; or
	(b) in the Minister's opinion, it is necessary to immediately prevent the use or development of the lands in a manner that is incompatible with the operation of an aerodrome.
Non-conforming uses, etc.	(4) No zoning regulation shall apply to or in respect of a use of land, buildings, structures or objects or a building, structure or object that, on the day on which the zoning regulation comes into force, exists as a use, building, structure or object that does not conform with the zoning regulation.
Deeming existence of certain things	(5) For the purposes of subsection (4), where on the day on which a zoning regulation comes into force, all approvals for construction required by law have been obtained permitting a building, structure or object that, if constructed, would not conform to the zoning regulation, the building, structure or object shall be deemed to exist on the day on which the zoning regulation comes into force.
Publication of notice of proposed regulation	5.5 (1) The Minister shall cause a notice of every zoning regulation that is proposed to be made to be published in two successive issues of at least one newspaper, if any, serving the area to which the proposed zoning regulation relates and in two successive issues of the Canada Gazette, and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto.
Exception	(2) No notice of a proposed zoning regulation is required to be published under subsection (1) if
	(a) it has previously been published pursuant to this section, whether or not the proposed zoning regulation is altered as a result of representations referred to in subsection (1); or
	(b) the proposed zoning regulation would, in the opinion of the Minister, make no material substantive change in an existing zoning regulation.
Publication of zoning regulations	5.6 (1) In addition to the publication required by the Statutory Instruments Act, there shall be published as soon as a zoning regulation is made, in two successive issues of at least one newspaper, if any, serving the area to which the zoning regulation relates, either a copy of the zoning regulation or a notice indicating that the zoning regulation has been made and that its text is available at the official Internet site of the Canada Gazette.
Deposit of regulation, plan and description	(2) A zoning regulation shall come into force in respect of the lands to which it applies when a copy thereof, together with a plan and description of the lands, signed by the Minister and by a land surveyor duly licensed in and for the province in which the lands are situated, has been deposited on record in the office of the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded in each county, district or registration division in which any part of the lands are situated.
Amendments	(3) Where a zoning regulation deposited pursuant to subsection (2) is amended, the amending regulation shall come into force when a copy thereof, signed in the manner provided in that subsection, is deposited in the same office or offices where the zoning regulation thereby amended was deposited, but a further plan and description need not be so deposited unless lands additional to those affected by the zoning regulation thereby amended are affected by the amending regulation.
Duty of the registrar	(4) For the purposes of subsections (2) and (3), the registrar or master of deeds or land titles or other officer with whom the title to land is registered or recorded shall receive and permanently retain in his office such zoning regulations and plans and descriptions as are deposited pursuant to those subsections and shall endorse thereon the day, hour and minute of their deposit.
Abandonment	(5) Where a notice of intention to expropriate for any of the purposes described in subsection 5.4(2) has been registered in accordance with the Expropriation Act and that intention is abandoned or is deemed to have been abandoned under that Act, any zoning regulation with respect to the lands affected by the abandonment shall thereupon cease to have effect.
Notice of entry to enforce compliance	5.7 (1) The Minister may by notice in writing to an owner or lessee who is using lands, or has or is using a building, structure or object on any lands, in contravention of a zoning regulation, advise the owner or lessee that the Minister intends to enter on the lands and take any steps that might be reasonably necessary to prevent the continuation of the contravening use or to remove, alter or destroy the building, structure or object unless, before the date that the Minister specifies in the notice — which may not be earlier than 30 days after the day on which the notice is served or last published under subsection (2) — the contravening use is permanently discontinued or the building, structure or object is removed, altered or destroyed to the extent described by the Minister in the notice, as the case may require.
Notice to contain statement	(2) The notice shall (a) contain a statement of the provisions of subsection (3); and (b) be served on the owner or lessee or, if the Minister is unable to serve the notice after reasonable attempts to do so, be (i) posted on the land, building, structure or object to which the notice relates, and (ii) published in two successive issues of at least one newspaper, if any, serving the area in which the land, building, structure or object is situated and in two successive issues of the Canada Gazette.
Objection	(3) The owner or lessee may, within 30 days after the day on which the notice is served or last published under subsection (2), serve on the Minister an objection in writing indicating the nature of the objection and the grounds on which it is based.
Representations on objections	(4) Where the Minister has received an objection under subsection (3), the Minister shall, within a reasonable time thereafter, provide the owner or lessee who made the objection with a full opportunity before the Minister to be heard concerning the nature and grounds of the objection.
Notice of intentions after objections	(5) The Minister shall, as soon as possible after providing a full opportunity to be heard to the owner or lessee in relation to the objection, serve notice on them indicating whether the Minister intends to give effect to the objection, and if not, the reasons why not.
Entry	(6) The Minister may, subject to subsection 8.7(4), enter on lands and take any steps that the Minister considers reasonably necessary to prevent the continuation of a contravening use, or to remove, alter or destroy a contravening building, structure or object, if
	(a) a notice to the owner or lessee under subsection (1) has been served, or posted and published, in accordance with subsection (2);
	(b) no notice of objection by the owner or lessee has been served on the Minister in accordance with subsection (3) or, if one has been, a full opportunity to be heard has been provided to the owner or lessee and the Minister has notified them in accordance with subsection (5) that the Minister does not intend to give effect to the objection; and
	(c) the owner or lessee continues to use the lands, or to have or use any building, structure or object on the lands, in contravention of the zoning regulation in respect of which the notice was issued.
Claims of Her Majesty	(6.1) The expenses incurred by the Minister in taking steps to prevent the continuation of the contravening use or to remove, alter or destroy any building, structure or object referred to in subsection (1), and all associated costs, are claims of Her Majesty and are recoverable as such against the person referred to in subsection (1) in a court of competent jurisdiction.
Notices not statutory instruments	(7) A notice under this section shall be deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.
No right to compensation, etc.	5.8 No person is entitled to any compensation or costs for any loss, damage, removal or alteration resulting from the application of a zoning regulation to any lands, building, structure or object.
Agreements with a provincial authority	5.81 (1) The Minister may enter into an agreement with a provincial authority authorizing it to regulate the use and development of lands within its jurisdiction for the purposes of
	(a) preventing lands adjacent to or in the vicinity of an aerodrome or aerodrome site from being used or developed in a manner that is incompatible with the safe operation of an aerodrome or aircraft; and
	(b) preventing lands adjacent to or in the vicinity of equipment or facilities used to provide services relating to aeronautics from being used or developed in a manner that would cause interference with signals or communications to and from aircraft, to and from that equipment or to and from those facilities.
Procedures for provincial regulations	(2) The provincial authority may, under the agreement, exercise and administer the power to make regulations referred to in subsection (1) as if the power were within its jurisdiction, and make those regulations in accordance with that province's applicable procedures for making regulations regulating the use or development of lands.
Regulations already in force	(3) If an agreement is made under subsection (1), any regulations made under paragraph 5.4(2)(b) or (c) continue to apply to the lands that are the subject of the agreement until regulations made by the provincial authority for the purposes set out in paragraph (1)(a) or (b) come into force, at which time the corresponding regulations made under paragraph 5.4(2)(b) or (c) cease to apply to those lands for the period in which the agreement is in effect.
Saving	(4) During the period in which the agreement remains in effect, subsections 5.4(4) and (5) do not apply in respect of the lands that are subject to the agreement unless the agreement provides otherwise, and sections 5.5 to 5.7 do not apply in respect of those lands at all.
*Statutory Instruments Act*	*(5) The Statutory Instruments Act* does not apply to regulations made by the provincial authority under the agreement.**
Contravention	(6) Every person who contravenes a regulation made by a provincial authority under an agreement made under subsection (1) is guilty of an offence punishable on summary conviction.
Agreement for cutting natural growth	5.82 (1) If natural growth situated on lands adjacent to or in the vicinity of an airport is not subject to a zoning regulation or to a regulation made under an agreement made under subsection 5.81(1), and the Minister considers that the natural growth affects the safe operation of the airport or of aircraft at the airport, the Minister may after consultation with the operator of the airport enter into an agreement providing for the cutting and removal of the natural growth with the owner or lessee of the lands, and with the owner of the natural growth if not the same as the owner of the lands.
Compensation by the Minister	(2) The Minister shall pay for the cutting and removal of the natural growth that is affected by the agreement, shall compensate the owner or lessee for any reduction in the value of their interest or right in the lands that results from the cutting and, if the owner of the natural growth is not the same as the owner of the lands, shall compensate the owner of the natural growth for any reduction in the value of their interest or right in the natural growth that results from the cutting.
Operator of airport to pay	(3) The operator of the airport shall reimburse the Minister for every expense that the Minister incurs under subsection (2).
Debts due to Her Majesty	(4) An amount that the operator of the airport is required to reimburse to the Minister under subsection (3) constitutes a debt due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction.
If no agreement	5.83 (1) If no agreement has been made under subsection 5.82(1) within a period that the Minister considers reasonable, the Minister may serve notice on the owner or lessee of the lands referred to in that subsection, and on the owner of the natural growth on the lands if not the same as the owner of the lands, advising them that the natural growth on the lands affects the safe operation of the airport or of aircraft at the airport, that the Minister intends to enter on the lands in order to cut the natural growth and that the Minister will compensate them for the natural growth's cutting. The notice shall include a statement of the provisions of subsection (3).
Time of entry	(2) The Minister may not enter on the lands earlier than 30 days after the day on which the notice was served and, if the owner or lessee of the lands — or the owner of the natural growth if not the same as the owner of the lands — objects to the Minister's entering under subsection (3), then the Minister may not enter on the lands earlier than 30 days after the day on which the notice of the Minister's intention not to give effect to the objection under subsection (5) was served.
Objection	(3) The owner or lessee of the lands — or the owner of the natural growth if not the same as the owner of the lands — may, within 30 days after the day on which the notice was served on them, serve on the Minister an objection to the Minister's entering on the lands or to the Minister's proposed steps referred to in subsection (1), indicating the nature of the objection and the grounds on which it is based.
Representations or objections	(4) On receipt of an objection under subsection (3), the Minister shall, within a reasonable time, provide the owner or lessee who made the objection with a full opportunity to be heard before the Minister concerning the objection's nature and grounds.
Notice of intentions after objections	(5) The Minister shall, as soon as possible after providing a full opportunity to the owner or lessee to be heard, serve notice on them indicating whether the Minister intends to give effect to the objection and, if not, the reasons why not.
Notices not statutory instruments	*(6) A notice under this section is not a statutory instrument for the purposes of the Statutory Instruments Act.*
Entry on lands	5.84 The Minister may enter on lands in order to cut natural growth that affects the safe operation of an airport or of aircraft at the airport if the following conditions are met:
	(a) a notice under subsection 5.83(1) has been served in accordance with that subsection; and
	(b) no notice of objection has been served on the Minister in accordance with subsection 5.83(3) or, if one has been, a full opportunity to be heard has been provided to the owner or lessee who made the objection and the Minister has notified them in accordance with subsection 5.83(5) that the Minister does not intend to give effect to the objection.
Compensation by the Minister	5.85 (1) The Minister shall pay for the cutting and removal of the natural growth that is affected by the notice, shall compensate the owner or lessee for any reduction in the value of their interest or right in the lands that results from the cutting and, if the owner of the natural growth is not the same as the owner of the lands, shall compensate the owner of the natural growth for any reduction in the value of their interest or right in the natural growth that results from the cutting.
Operator of airport to pay	(2) The operator of the airport shall reimburse the Minister for every expense that the Minister incurs under subsection (1).
Debts due to Her Majesty	(3) An amount that the operator of the airport is required to reimburse to the Minister under subsection (2) constitutes a debt due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction.
	General Provisions respecting Regulations, Orders, etc.
Exemption by Governor in Council	5.9 (1) The Governor in Council may make regulations exempting, on any terms and conditions that may be specified in the regulations, any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation or order made under this Part.
Exemption by Minister	(2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security.
Incorporation by reference	(3) A regulation, an order, a security measure or an emergency direction made under this Part may incorporate by reference a classification, standard, procedure or other specification produced by the Minister and any material produced by a body or person other than the Minister, either as it exists on a particular date or as it is amended from time to time.
Incorporated material is not a regulation	*(3.1) Material does not become a regulation for the purposes of the Statutory Instruments Act* merely because it is incorporated by reference under subsection (3).**
Prohibition in regulations or orders	(4) A regulation, an order, a security measure or an emergency direction made under this Part prohibiting the doing of any act or thing may prohibit the doing of that act or thing either at all times and places or only at specified times, places and occasions, and may do so either absolutely or subject to any specified exceptions or conditions.
Exemption by Minister of National Defence	5.91 (1) With respect to any matter relating to defence, the Minister of National Defence or an officer of the Department of National Defence or an officer of the Canadian Forces authorized by the Minister may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exercise any of the powers set out in subsection 5.9(2).
Exemption from Statutory Instruments Act	*(2) An exemption made under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.*
Publication of notice of proposed regulations and orders [ Not in force]	6. Subject to this section, a notice of each regulation or order that is proposed to be made under this Part, other than under section 5.4, shall be published in the Canada Gazette at least sixty days before the regulation or order is made and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto.
Exclusion [ Not in force]	(2) No notice of a proposed regulation or order is required to be published under subsection (1) if the regulation or order
[ Not in force]	(a) would, in the opinion of the person proposing to make the regulation or order, make no material substantive change in an existing regulation or order;
[ Not in force]	(b) is likely to affect only a limited number of persons or should, in the opinion of the person proposing to make the regulation or order, take effect for reasons of aviation safety or aviation security earlier than sixty days after publication of the notice in the Canada Gazette; or
[ Not in force]	(c) would, when made, be exempt from publication by virtue of this Act or regulations made under section 20 of the Statutory Instruments Act.
Single publication required [ Not in force]	(3) No notice of a proposed regulation or order is required to be published more than once under subsection (1) whether or not the regulation or order is altered as a result of representations referred to in that subsection.
Notice of unpublished regulations	6.1 Where a regulation, within the meaning of the Statutory Instruments Act, respecting the operation of aircraft is alleged to have been contravened at a time before it is published as required by that Act, a certificate purporting to be signed by the Minister or the Secretary of the Department of Transport stating that a notice containing the regulation was issued before that time is, in the absence of evidence to the contrary, proof for the purposes of paragraph 11(2)(b) of that Act that reasonable steps were taken to bring the purport of the regulation to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	6.2 (1) The following are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act:
	(a) a regulation made under paragraph 4.9(l), or a notice issued under section 5.1, that prohibits or restricts the use of any airspace or aerodrome;
	(b) a security measure;
	(c) an emergency direction;
	(d) an exemption made under subsection 5.9(2); and
	(e) an interim order made under section 6.41.
Precondition for contravention	(2) No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the time of the alleged contravention, the person had been notified of the regulation, security measure, emergency direction or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.
Certificate	(3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the regulation, notice referred to in paragraph (1)(a), security measure, emergency direction or interim order was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.
Certificate	6.21 A certificate purporting to be signed by the Minister of National Defence or the Chief of the Defence Staff and stating that a notice containing the regulation or notice referred to in paragraph 6.2(1)(a) was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.
	Repealed
~~Establishment~~	6.3 (1) Repealed
~~Powers of boards~~	(2) Repealed
~~Witnesses~~	(3) Repealed
~~Reports of boards~~	(4) Repealed
~~Application of Canadian Transportation Accident Investigation and Safety Board Act~~	6.4 Repealed
Interim orders	6.41 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part
	(a) to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
	(b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or
	(c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident.
Authorized deputy may make interim order	(1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, his or her deputy to make, for any reason referred to in any of paragraphs (1)(a) to (c), an interim order that contains any provision that may be contained in a regulation made under this Part.
Consultation	(1.2) Before making an interim order, the Minister or deputy, as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances.
Coming into effect	(2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.
Recommendation by Minister	(3) Where the Governor in Council approves an interim order, the Minister shall, as soon as possible after the approval, recommend to the Governor in Council that a regulation having the same effect as the interim order be made under this Part, and the interim order ceases to have effect (a) where such a regulation is made, on the day on which the regulation comes into force; and (b) where no such regulation is made, one year after the day on which the interim order is made.
Publication in Canada Gazette	(4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made.
Tabling of interim order	(5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
House not sitting	(6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.
	Medical and Optometric Information
Minister to be provided with information	6.5 (1) If a physician or an optometrist believes on reasonable grounds that a patient is a flight crew member, an air traffic controller or other holder of a Canadian aviation document that imposes standards of medical or optometric fitness, the physician or optometrist shall, if in his or her opinion the patient has a medical or optometric condition that is likely to constitute a hazard to aviation safety, inform a medical adviser designated by the Minister without delay of that opinion and the reasons for it.
Patient to advise	(2) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall, prior to any medical or optometric examination of his or her person by a physician or optometrist, advise the physician or optometrist that he or she is the holder of such a document.
Use by Minister	(3) The Minister may make such use of any information provided pursuant to subsection (1) as the Minister considers necessary in the interests of aviation safety.
No proceedings lie	(4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by him or her in good faith in compliance with this section.
Information privileged	(5) Notwithstanding subsection (3), information provided pursuant to subsection (1) is privileged and no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings and the information so provided shall not be used in any such proceedings.
Deemed consent	(6) The holder of a Canadian aviation document that imposes standards of medical or optometric fitness shall be deemed, for the purposes of this section, to have consented to the giving of information to a medical adviser designated by the Minister under subsection (1) in the circumstances referred to in that subsection.
	Measures relating to Canadian aviation documents
Canadian aviation document	6.6 A reference to the suspension or cancellation of a Canadian aviation document, or to the refusal to issue, renew or amend one, under sections 6.71 to 7.21 may be a reference to the suspension or cancellation of any or all of the privileges granted under one or to the refusal to issue, renew or amend any or all of them.
Non-application of certain provisions	6.7 Sections 6.71 to 7.21 do not apply to a member of the Canadian Forces acting in the circumstances in the course of their duties in relation to a Canadian aviation document issued in respect of a military aeronautical product, a military aerodrome, any other military facility relating to aeronautics, military equipment or a service relating to aeronautics provided by means of such an aeronautical product or such equipment or at such an aerodrome or facility.
Refusal to issue Canadian aviation document	6.71 (1) The Minister may refuse to issue or to amend a Canadian aviation document on the grounds that
	(a) the applicant is incompetent;
	(b) the applicant or any aeronautical product, aerodrome, other facility, equipment or service in respect of which the application is made does not meet the qualifications or fulfil the conditions necessary for the issuance or amendment of the document; or
	(c) the Minister considers that the public interest — which may include considering the aviation record of the applicant or of any principal of the applicant, as defined in regulations made under paragraph (3)(a) — warrants the refusal.
Notice	(2) The Minister shall serve notice of a decision made under subsection (1) on the applicant, or the owner, operator or provider, as the case may be, of the aeronautical product, aerodrome, other facility, equipment or service in respect of which the application is made. The Governor in Council may by regulation prescribe the form that the notice is to be in as well as information that it is to contain, but in any case the notice shall indicate, as the case requires,
	(a) the nature of the applicant's incompetence;
	(b) the qualifications or conditions referred to in paragraph (1)(b) that are not met or fulfilled;
	(c) the elements of the public interest on which the Minister's decision is based; and
	(d) except in the case of a document or class of documents prescribed under paragraph (3)(b), the date, which shall be 30 days after the day on which the notice is served, on or before which and the address at which the applicant, owner, operator or provider may file a request for a review of the Minister's decision.
Regulations	(3) The Governor in Council may make regulations
	(a) defining the word ‘‘principal‘‘; and
	(b) prescribing Canadian aviation documents, or classes of such documents, in respect of which a review of the Minister's decision to refuse to issue or amend a document may not be requested.
Request for review	6.72 (1) Subject to any regulations made under paragraph 6.71(3)(b), an applicant, owner, operator or provider who is served with a notice under subsection 6.71(2) and who wishes to have the Minister's decision reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal allows on application, file a written request for a review of the decision 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.
Determination	(4) The member of the Tribunal who conducts the review may determine the matter by confirming the Minister's decision or by referring the matter back to the Minister for reconsideration.
Suspensions, etc., generally	6.8 In addition to any grounds referred to in any of sections 4.4, 6.71, 6.9 to 7.1 and 7.21, the Minister may suspend, cancel or refuse to issue, renew or amend a Canadian aviation document in the circumstances and on the grounds prescribed by regulation of the Governor in Council.
Suspension, etc., where contravention	6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document because the Minister has reasonable grounds to believe that the holder, or the owner, operator or provider, as the case may be, of any aeronautical product, aerodrome, other facility, equipment or service in respect of which the document was issued, has contravened any provision of this Part or of any instrument, security measure or emergency direction made under this Part, the Minister shall serve on the holder, owner, operator or provider notice of the decision and of its effective date, which may not be earlier than 30 days after the day on which the notice is served.
Contents of notice	(2) The Governor in Council may by regulation prescribe the form that the notice is to be in as well as the information that it is to contain, but in any case the notice shall indicate
	(a) the provision of this Part or of the instrument, security measure or emergency direction made under this Part that the Minister believes has been contravened; and
	(b) the date, which shall be 30 days after the day on which the notice is served, on or before which and the address at which a request for a review of the Minister's decision may be filed.
Request for review of Minister's decision	(3) A holder of a Canadian aviation document, or the owner, operator or provider, as the case may be, of any aeronautical product, aerodrome, other facility, equipment or service in respect of which a Canadian aviation document is issued, who is affected by a decision of the Minister referred to in subsection (1) may file with the Tribunal at the address set out in the notice, and within the period set out in the notice or any further time that the Tribunal allows on application by the holder, owner, operator or provider, a request for a review of the decision.
Request for review not a stay of suspension, etc.	(4) A request for a review of the Minister's decision under subsection (3) does not operate as a stay of the suspension or cancellation of the Canadian aviation document to which the decision relates, but if a request for a review has been filed with the Tribunal, a member of the Tribunal assigned for the purpose may, subject to subsection (5) and on any notice to the Minister that the member considers necessary, direct that the suspension or cancellation of the document be stayed until the review of the Minister's decision has been concluded. However, the member's direction may be made only on application in writing by the holder of the document or the owner, operator or provider affected by the decision, as the case may be, and only after considering any representations by the holder, owner, operator or provider and the Minister that they wish to make in that behalf.
Exception - stay direction	(5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considers that the stay would result in a threat to aviation safety or security.
Appointment of review time	(6) On receipt of a request filed in accordance with subsection (3), the Tribunal shall appoint a time and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.
Review procedure	(7) At the time and place appointed under subsection (6) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner, operator or provider affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension or cancellation under review.
Holder, etc., not compelled to testify	(7.1) In a review under this section, a holder, owner, operator or provider referred to in subsection (1) is not required, and shall not be compelled, to give any evidence or testimony in the matter.
Determination of Tribunal member	(8) On a review under this section of a decision of the Minister to suspend or cancel a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister's decision or substituting his or her own determination.
Suspension where immediate threat to aviation safety or security	7. (1) If the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety or security exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the document or that is proposed to be done under the authority of the document, the Minister shall without delay serve notice of the decision on the holder of the document or the owner, operator or provider, as the case may be, of the aeronautical product, aerodrome, other facility, equipment or service in respect of which the document was issued.
Contents of notice	(2) The Governor in Council may by regulation prescribe the form that a notice under subsection (1) is to be in as well as the information that it is to contain, but in any case the notice shall indicate
	(a) the threat and the nature of the act or thing; and
	(b) the date, which shall be 30 days after the day on which the notice is served, on or before which and the address at which a request for a review of the Minister's decision may be filed.
Effective date of Minister's decision	(2.1) The Minister's decision takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served, or on any later date that the notice specifies.
Request for review of Minister's decision	(3) A holder of a Canadian aviation document, or the owner, operator or provider, as the case may be, of any aeronautical product, aerodrome, other facility, equipment or service in respect of which a Canadian aviation document is issued, who is affected by a decision of the Minister referred to in subsection (1) may file with the Tribunal, within the period and at the address set out in the notice, a request for a review of the decision.
Request for review not a stay of suspension	(4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension to which the decision relates.
Appointment of review time	(5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.
Review procedure	(6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner, operator or provider affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension under review.
Determination of Tribunal member	(7) The member of the Tribunal conducting the review may determine the matter by confirming the suspension or by referring the matter back to the Minister for reconsideration.
Effect of decision pending reconsideration	(7.1) If the matter is referred back to the Minister for reconsideration under subsection (7), the suspension remains in effect pending the conclusion of the reconsideration.
Request for reconsideration	(8) If (a) no appeal from a determination under subsection (7) confirming the Minister's decision is taken under section 7.2 within the time limited for doing so under that section, or (b) an appeal panel has, on an appeal under section 7.2, confirmed the Minister's decision under this section, the holder of the Canadian aviation document or the owner, operator or provider affected by the decision, as the case may be, may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security that led to the suspension continues to exist or is likely to occur as described in that subsection.
Reconsideration	(9) On receipt of a request under subsection (8), the Minister shall without delay reconsider the matter and give a notice of his or her decision to the holder, owner, operator or provider who made the request, and the provisions of this section and section 7.2 providing for a review of a decision of the Minister and an appeal from a determination on a review apply, with any modifications that the circumstances require, to and in respect of a decision of the Minister under this subsection.
Suspension, etc., on other grounds	7.1 (1) If the Minister decides to suspend, cancel or refuse to renew a Canadian aviation document on the grounds that
	(a) the holder of the document is incompetent,
	(b) the holder or any aeronautical product, aerodrome, other facility, equipment or service in respect of which the document was issued ceases to meet the qualifications necessary for the issuance of the document or to fulfil the conditions subject to which the document was issued, or
	(c) the Minister considers that the public interest — which may include considering the aviation record of the holder or of any principal of the holder, as defined in regulations made under paragraph 6.71(3)(a) — warrants it, the Minister shall serve notice of the decision on the holder or the owner, operator or provider, as the case may be, of the aeronautical product, aerodrome, other facility, equipment or service in respect of which the document was issued.
Contents of notice	(2) The Governor in Council may by regulation prescribe the form that a notice under subsection (1) is to be in as well as information that it is to contain, but in any case the notice shall indicate
	(a) the nature of the incompetence, the qualifications or conditions that are no longer being met or fulfilled or the elements of the public interest on which the Minister's decision is based; and
	(b) the date, which shall be 30 days after the day on which the notice is served, on or before which and the address at which a request for a review of the Minister's decision may be filed.
Effective date of Minister's decision	(2.1) The Minister's decision takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served, or on any later date that the notice specifies.
Request for review of Minister's decision	(3) A holder of a Canadian aviation document, or the owner, operator or provider, as the case may be, of any aeronautical product, aerodrome, other facility, equipment or service in respect of which a Canadian aviation document is issued, who is affected by a decision of the Minister referred to in subsection (1) may file with the Tribunal, at the address and within the period set out in the notice or within any further time that the Tribunal allows on application by the holder, owner, operator or provider, a request for a review of the decision.
Request for review not a stay of suspension, etc.	(4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension, cancellation or refusal to renew to which the decision relates.
Appointment of review time	(5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.
Review procedure	(6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner, operator or provider affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension, cancellation or refusal to renew under review.
Determination of Tribunal member	(7) On a review under this section of a decision of the Minister to suspend, cancel or refuse to renew a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister's decision or by referring the matter back to the Minister for reconsideration.
Effect of decision pending reconsideration	(8) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under subsection (7), the Minister's decision remains in effect pending the conclusion of the reconsideration. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded if satisfied that granting a stay would not result in a threat to aviation safety or security.
Right of appeal	7.2 (1) Within 30 days after the day on which the determination was made, a determination made under subsection 6.72(4), 7(7) or 7.1(7) may be appealed to the Tribunal by a person affected, and a determination made under subsection 6.9(8) may be appealed to the Tribunal by a person affected or by the Minister.
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
	(a) in the case of a determination made under subsection 6.72(4), 7(7) or 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or
	(b) in the case of a determination made under subsection 6.9(8), dismiss the appeal, or allow the appeal and substitute its own decision.
Effect of decision pending reconsideration	(4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the Minister's decision remains in effect pending the conclusion of the reconsideration. However, the appeal panel, after considering any representations made by the parties, may grant a stay of a decision by the Minister under subsection 7.1(1) until the reconsideration is concluded, if it is satisfied that granting a stay would not result in a threat to aviation safety or security.
Default of payment	7.21 (1) The Minister may suspend, or refuse to issue, renew or amend, a Canadian aviation document if a debt has been certified under subsection 7.9(1) in respect of the applicant for, or the holder of, the document or in respect of the owner, operator or provider, as the case may be, of an aeronautical product, an aerodrome, another facility, equipment or a service to which the document relates, or if they have been convicted of an offence under this Part but have not paid any fine that was imposed within the required period for paying it.
Notice	(2) The Minister shall serve the applicant, holder, owner, operator or provider, as the case may be, with notice of a decision made under subsection (1) and, in the case of a suspension, of the effective date of the suspension, which shall not be earlier than 30 days after the day on which the notice is served.
	Prohibitions, Offences and Punishment
Prohibitions	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 willfully 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) Repealed
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 $100,000 or, 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 one million dollars.
~~Punishment -ANS Corporation~~	(5.1) Repealed
~~Punishment, subsequent offences~~	(6) Repealed
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.
Continuing violation or offence	7.31 A violation or offence under this Part committed or continued on more than one day constitutes a separate violation or offence for each day on which the violation or offence is committed or continued or, in the case of a violation or offence committed or continued on a flight, for each flight or segment of a flight on which the violation or offence is committed or continued.
Court may order forfeiture	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.
Prohibition ¾ unruly or dangerous behaviour	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).
Prohibition by court	7.5 (1) If 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, operator or provider, as the case may be, of any aeronautical product, aerodrome, other facility, equipment or service 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 any period or at any times or places that the order specifies; or
	(b) prohibiting the person from operating an aircraft or providing services essential to the operation of an aircraft for any period or at any times or places that the order specifies.
Return of document	(2) A person who is subject to an order under paragraph (1)(a) shall, at the Minister's request, return the document to the Minister for the period of the prohibition.
	*Administrative Penalties Notices of Violation Without Penalty, Assurances of Compliance and Notices of Monetary Penalty*
Violation	7.6 (1) If the Minister has reasonable grounds to believe that a person has committed a violation, the Minister may
	(a) serve on the person a notice of violation without penalty that identifies the violation but indicates that no further proceedings will be taken against the person, and further sets out (i) the period, which shall be 30 days after the day on which the notice is served, within which a review may be requested, and (ii) particulars of how to request the review;
	(b) enter into an assurance of compliance with the person that (i) identifies the violation and provides that the person will comply with the provision to which the violation relates during the period, and be subject to the terms and conditions, specified in the assurance, (ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and (iii) sets out the amount that the Minister determines in accordance with the regulations that the person would have had to pay as the penalty for the violation if the assurance had not been entered into; or
	(c) serve on the person a notice of monetary penalty that identifies the violation and sets out (i) the amount that the Minister determines in accordance with the regulations that the person must pay as the penalty for the violation, (ii) the date, which shall be 30 days after the day on which the notice is served, on or before which the penalty must be paid or a review requested, and (iii) particulars of how the penalty is to be paid or the review requested.
Extension of period	(2) The Minister may extend the period specified under subparagraph (1)(b)(i) if the Minister is satisfied that the person with whom the assurance of compliance was entered into is unable to comply with it within that period for reasons beyond their control.
Short-form descriptions	(3) The Minister may establish, in respect of any violation, a short-form description to be used in notices of violation without penalty, assurances of compliance and notices of monetary penalty.
Assurance of compliance complied with	7.61 If the Minister considers that an assurance of compliance has been complied with, the Minister shall serve a notice to that effect on the person and, on the service of the notice, (a) no further proceedings may be taken against the person with respect to the violation; and (b) any security deposited under subparagraph 7.6(1)(b)(ii) shall be returned to the person.
Assurance of compliance not complied with	7.62 (1) If the Minister considers that a person who has entered into an assurance of compliance has not complied with it, the Minister may serve a notice of default on the person to the effect that, unless there is a determination under section 7.63 or a decision under section 7.68 that the assurance has been complied with,
	(a) the person is liable to pay double the amount of the penalty set out in the assurance; or
	(b) the security deposited under subparagraph 7.6(1)(b)(ii) is forfeited to Her Majesty in right of Canada.
Contents of notice	(2) A notice of default shall include the date, which shall be 30 days after the day on which the notice is served, on or before which a request for review may be filed and particulars of how the request may be filed.
No set-off or compensation	(3) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the assurance of compliance.
Request for review	7.63 (1) A person served with a notice of default under subsection 7.62(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a request for a review.
Time and place for review	(2) On receipt of the request, the Tribunal shall appoint a time and place for the review and 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 with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Burden of proof	(4) The burden is on the Minister to establish that the person did not comply with the assurance of compliance referred to in the notice. The person is not required, and may not be compelled, to give any evidence or testimony in the matter.
Due diligence not a defence	(5) A person named in a notice of default does not have a defence that they exercised all due diligence to comply with the assurance of compliance.
Determination	(6) The member of the Tribunal may determine the matter by confirming the Minister's decision or by determining that the person has complied with the assurance of compliance.
Return of security	7.64 Any security deposited under subparagraph 7.6(1)(b)(ii) shall be returned to the person if
	(a) the person pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice of default under section 7.62; or
	(b) there is a determination under section 7.63 or a decision under section 7.68 that the assurance of compliance has been complied with.
Deemed violation	7.65 (1) A person who is served with a notice of violation without penalty or who enters into an assurance of compliance is, unless a review is requested under subsection (2) or (3), deemed to have committed the violation in respect of which the notice was served or the assurance was entered into.
Request for review - notice of violation without penalty	(2) A person served with a notice of violation without penalty may, within the period set out in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a request for a review of the facts of the violation, in which case sections 7.67 and 7.68 apply.
Request for review - assurance of compliance	(3) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, and unless a notice of default is served within that period under section 7.62, request a review of the facts of the violation, in which case the assurance is deemed to be a notice of monetary penalty served under paragraph 7.6(1)(c) and they are deemed to have requested a review under paragraph 7.66(1)(b) of the facts of the violation and the amount of the penalty.
Notice of monetary penalty	7.66 (1) A person served with a notice of monetary penalty under paragraph 7.6(1)(c) shall
	(a) pay the amount of the penalty on or before the date set out in the notice; or
	(b) at the address and on or before the date set out in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a request for a review of the facts of the violation or the amount of the penalty.
When review of facts not requested	(2) If a review of the facts of a violation is not requested, the person is deemed to have committed the violation.
Time and place for review	7.67 (1) On receipt of a request filed under subsection 7.65(2) or paragraph 7.66(1)(b), the Tribunal shall appoint a time and place for the review and notify the Minister and the person who filed the request of the time and place in writing.
Review procedure	(2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Burden of proof	(3) The burden is on the Minister to establish that the person committed the violation referred to in the notice. The person is not required, and may not be compelled, to give any evidence or testimony in the matter.
Determination	(4) The member of the Tribunal may determine the matter by confirming the Minister's decision or, subject to regulations made under paragraph 8(b), substitute his or her own determination.
Right of appeal	7.68 (1) The Minister or the person who requested the review may appeal a determination made under subsection 7.63(6) or 7.67(4) to the Tribunal within 30 days after the day on which the determination was made.
Loss of right of appeal	(2) A party that does not appear at a review hearing may not 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 may (a) in the case of a determination made under subsection 7.63(6), dismiss the appeal or allow the appeal and substitute its own decision; or (b) in the case of a determination made under subsection 7.67(4), dismiss the appeal, or allow the appeal and, subject to regulations made under paragraph 8(b), substitute its own decision.
How contravention may be dealt with	7.69 If a contravention may be dealt with as a violation or as an offence or dealt with under section 6.9, proceedings may be commenced in respect of it as a violation or as an offence or it may be dealt with under section 6.9, but dealing with it in one of those three ways precludes dealing with it in the other two.
Violations are not offences	7.7 *Section 126 of the Criminal Code* does not apply in respect of a contravention of this Act that is designated as a violation under this Act.**
	*Recovery of Debts*
Debts due to Her Majesty	7.8 The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:
	(a) unless a review of the amount of the penalty is requested under paragraph 7.66(1)(b), the amount of a penalty set out in a notice of monetary penalty, beginning on the day on which the notice was served;
	(b) the amount that a notice of default served under subsection 7.62(1) provides that a person is liable to pay, beginning on the day on which the notice was served;
	(c) the amount of a penalty determined by a member after a review under section 7.67 or decided by the Tribunal after an appeal under section 7.68, beginning on the day on which the respective determination or decision was made; and
	(d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).
Certificate	7.9. (1) All or part of a debt referred to in section 7.8 in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be.
Judgments	(2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration.
	*Regulations*
Regulations	8. The Governor in Council may, by regulation,
	(a) designate, as a violation that may be dealt with under this section and sections 7.6 to 7.9, the contravention of any provision of this Act or of any instrument, security measure or emergency direction made under this Act; and
	(b) prescribe, in respect of a violation, the maximum amount payable, which may not exceed (i) $50,000, in the case of an individual, or (ii) $250,000, in the case of a corporation.
	General Provisions
Disclosure of notations of violations	8.1 The Minister shall keep a public record of notations of suspension or cancellation of a Canadian aviation document under section 6.9, notations of violation and notations of notices of default under subsection 7.62(1) kept on any record that the Minister keeps respecting a person.
~~Regulations~~	8.2 Repealed
Records	8.3 (1) Any notation of a suspension by the Minister of a Canadian aviation document under section 6.9, notation of a violation or notation of a notice of default under subsection 7.62(1) shall, on application by the person affected, be removed from the record respecting that person kept by the Minister if
	(a) at any time after the expiry of the suspension, the service of a notice of violation without penalty or notice of compliance or the payment of the amount of the monetary penalty, there has been a period of at least two years in which there has been no notation of a suspension under section 6.9 or violation in respect of that person; and
	(b) in the opinion of the Minister, the removal from the record would not be contrary to the interests of aviation safety or security.
Notice of decision	(2) The Minister shall, as soon as possible after receiving the application, serve a notice on the applicant of the Minister's decision in relation to the application.
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.
Minister's decision overturned	(5) The Minister shall remove from the affected person's record any notation of a decision relating to a Canadian aviation document, of a violation or of a notice of default under subsection 7.62(1), as the case may be, in any of the following cases:
	(a) a member of the Tribunal has substituted his or her determination for the Minister's on review under subsection 6.9(8) or 7.67(4), as the case may be, with regard to whether the contravention or violation was committed, and the period for an appeal has expired;
	(b) a member of the Tribunal has determined that the person has complied with an assurance of compliance under subsection 7.63(6), and the period for an appeal has expired;
	(c) the Tribunal has on appeal substituted its decision for the Minister's with regard to whether the contravention or violation was committed, or with regard to whether the assurance of compliance referred to in subsection 7.62(1) has been complied with; or
	(d) the Minister has rescinded the decision on reconsideration of the matter.
	Enforcement
Owner of aircraft may be found liable	8.4 (1) The registered owner of an aircraft may be proceeded against in respect of, and found to have committed, a violation or 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 violation or offence, the aircraft was in the possession of a person other than the owner without the owner's consent, and, if found to have committed the violation or offence, the owner is liable to the penalty provided as punishment for it.
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, a violation or 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 violation or offence, the aircraft was in the possession of a person other than the operator without the operator's consent, and, if found to have committed the violation or offence, the operator is liable to the penalty provided as punishment for it.
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, a violation or offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless the violation or offence was committed without the consent of the pilot-in-command, and, if found to have committed the violation or offence, the pilot-in-command is liable to the penalty provided as punishment for it.
Operator of aerodrome, etc., may be found liable	(4) The operator of an aerodrome or other facility relating to aeronautics may be proceeded against in respect of, and found to have committed, a violation or offence under this Part in relation to the aerodrome or other facility for which another person is subject to be proceeded against unless the violation or offence was committed without the consent of the operator, and, if found to have committed the violation or offence, the operator is liable to the penalty provided as punishment for it.
Provider of service may be found liable	(5) The provider of a service relating to aeronautics may be proceeded against in respect of, and found to have committed, a violation or offence under this Part in relation to the service for which another person is subject to be proceeded against unless the violation or offence was committed without the consent of the provider, and, if found to have committed the violation or offence, the provider is liable to the penalty provided as punishment for it.
Defence	8.5 No person may be found to have contravened a provision of this Part or of any instrument, security measure or emergency direction made under this Part, other than a provision set out in subsection 7.3(1) or 7.41(1), if they exercised all due diligence to prevent the contravention.
Admissibility of evidence	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.
Powers to enter, seize and detain	8.7 (1) Subject to subsection (4), the Minister may
	(a) enter, for the purposes of making inspections or audits relating to compliance with this Part, any aircraft, aerodrome or other facility relating to aeronautics, 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 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 copying;
	(b) enter any place for the purposes of an investigation of matters concerning aviation safety or security;
	(c) seize anything found in any place referred to in paragraph (a) or (b) that the Minister believes on reasonable grounds might be evidence with respect to a contravention of this Part or of an instrument, a security measure or an emergency direction made under this Part; and
	(d) detain any aircraft that the Minister believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner or without the Canadian aviation documents required for the lawful operation of the aircraft, and take reasonable steps to ensure its continued detention.
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.
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, data processing system or other electronic 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.
Duty to assist Minister	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 Part and the instruments, security measures or emergency directions made under this Part that the Minister might reasonably require.
Application of Canadian Transportation Accident Investigation and Safety Board Act	8.9 The provisions of section 28 of the Canadian Transportation Accident Investigation and Safety Board Act relating to on-board recordings — within the meaning of that section — originating from the flight deck of an aircraft, or received on or in the flight deck of an aircraft, apply with any necessary modifications in respect of an investigation by the Minister concerning aviation safety or security.
	General
Regulations establishing compensation payable for death or injury	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 public service of Canada or employed under the direction of any department of the public service of Canada that results directly from a flight undertaken by that person in the course of duty in the public service of Canada.
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.
	PART II
	MILITARY INVESTIGATIONS INVOLVING CIVILIANS
	*Interpretation*
Definitions	10. (1) The following definitions apply in this Part.
"civilian" « civil »	"civilian" means a person who is not subject to the Code of Service Discipline set out in Part III of the National Defence Act, or who is subject to the Code of Service Discipline but in the circumstances is not acting in the course of their duties.
*"department" « ministère* »**	"department" means (a) any department of the Government of Canada, including the minister responsible for it and any person acting on behalf of that minister; *(b) any body listed in the schedule to the Canadian Transportation Accident Investigation and Safety Board Act; and* (c) any fact-finding authority, body or person established or appointed by such a department, minister, person or body.
"military-civilian occurrence" « accident militaro-civil »	"military-civilian occurrence" means (a) any accident or incident involving (i) an aircraft operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force, or an installation operated by or on behalf of any of the above that is designed or used to manufacture an aircraft or other aeronautical product, or that is being used for the operation or maintenance of an aircraft or other aeronautical product, and (ii) a civilian; or (b) any situation or condition that the Airworthiness Investigative Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a).
"visiting force" « force étrangère présente au Canada »	*"visiting force" means a visiting force as defined in section 2 of the Visiting Forces Act.*
Application	(2) This section and sections 11 to 24.6 apply in respect of military-civilian occurrences
	(a) in or over Canada;
	(b) in or over any place that is under Canadian air traffic control; and
	(c) in or over any other place in any of the following cases:
	(i) Canada is requested to investigate the occurrence by an appropriate authority,
	(ii) the civilians involved are employed in that place by the Department of National Defence or by the Canadian Forces, or
	(iii) the civilians involved are in Canada.
	*Airworthiness Investigative Authority*
Airworthiness Investigative Authority	11. (1) The Minister shall designate from among the members of the Canadian Forces or the employees of the Department of National Defence an individual to be the Airworthiness Investigative Authority, who is to be responsible for advancing aviation safety by
	(a) investigating military-civilian occurrences in order to find their causes and contributing factors;
	(b) identifying safety deficiencies as evidenced by military-civilian occurrences;
	(c) making recommendations designed to eliminate or reduce any of those safety deficiencies; and
	(d) publishing reports on the investigations and the findings in relation to them.
Restriction	(2) In making findings in an investigation of a military-civilian occurrence, it is not the Airworthiness Investigative Authority's function to assign fault or determine civil or criminal liability, but the Airworthiness Investigative Authority shall not refrain from making a full report merely because fault or liability might be inferred from the Airworthiness Investigative Authority's findings.
Restriction	(3) No finding of the Airworthiness Investigative Authority may be construed as assigning fault or determining civil or criminal liability.
Findings not binding	(4) The Airworthiness Investigative Authority's findings are not binding on the parties to any legal, disciplinary or other proceedings.
	*Investigations of Military-Civilian Occurrences*
	*Investigations*
Investigators	12. (1) The Airworthiness Investigative Authority may act as an investigator under this Part with respect to a military-civilian occurrence, and may designate as an investigator to investigate such an occurrence in accordance with this Part on the Airworthiness Investigative Authority's behalf any person, or member of a class of persons, that the Airworthiness Investigative Authority considers qualified.
Certificate	(2) The Airworthiness Investigative Authority shall give a designated investigator a certificate specifying the terms and conditions of their designation.
Report	(3) A designated investigator shall report to the Airworthiness Investigative Authority with respect to the investigation of a military-civilian occurrence.
Definitions	13. (1) The following definitions apply in this section.
"information" « renseignement »	"information" includes a record regardless of form and a copy of a record.
"place" « lieu »	"place" includes an aircraft, any premises and any building or other structure erected on those premises.
Powers of investigators	(2) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the investigator may, subject to subsection (3), enter and search that place for such a thing, and seize any such thing that is found in the course of that search.
Conditions for exercise of powers	(3) An investigator shall not exercise the powers referred to in subsection (2) in relation to a particular place without the consent of the person apparently in charge of that place unless (a) those powers are exercised under the authority of a warrant; or (b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant.
Warrant	(4) If a justice of the peace is satisfied by information on oath that an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the justice may, on ex parte application, issue a warrant signed by the justice authorizing the investigator to enter and search that place for such a thing and to seize any such thing that is found in the course of that search.
Warrants may be obtained by telephone, etc.	*(5) The procedure set out in section 487.1 of the Criminal Code* applies in relation to the obtaining of warrants under this section, subject to regulations made under paragraph 24.4(1)(g).**
Power to test things seized, etc.	(6) If any thing is seized by an investigator under subsection (2), the investigator (a) may, subject to paragraph (b), cause to be conducted on the thing any tests, including tests to destruction, that are necessary for the purposes of the investigation; (b) shall, to the extent practical and safe to do so without unreasonably impeding the progress of the investigation, (i) take all reasonable measures to invite the owner of the thing, and any person who appears on reasonable grounds to be entitled to it, to be present at such tests, and (ii) allow them to be present at those tests; and (c) subject to the need to conduct such tests, shall cause the thing to be preserved pending its return under section 15.
Power to exclude persons from particular areas	(7) An investigator may, in the course of an investigation of a military-civilian occurrence, and for the purposes of preserving and protecting any thing involved or likely to have been involved, whether or not the thing has been seized under this section, prohibit or limit access to the area immediately surrounding the place at which the thing is located for any period that is necessary for the purposes of the investigation.
Disruption to be minimized	(8) In exercising the power conferred by subsection (7), an investigator shall have regard to the desirability of minimizing any resulting disruption to transportation services.
Offence in respect of exclusion order	(9) No person shall knowingly enter an area in contravention of a prohibition or limitation of access under subsection (7).
Additional powers of investigators	(10) An investigator may do any of the following by notice signed by them, if their belief is based on reasonable grounds:
	(a) if the investigator believes that a person has information relevant to an investigation, (i) require the person to produce the information to the investigator or to attend before the investigator and give a statement referred to in section 24, under oath or solemn affirmation if required by the investigator, and (ii) make any copies of and take any extracts from the information that the investigator considers necessary for the purposes of the investigation;
	(b) require a person who is directly or indirectly involved in the operation of an aircraft to submit to a medical examination, if the investigator believes that the examination is or might be relevant to the investigation;
	(c) require a physician or practitioner to provide information concerning a patient to the investigator, if the investigator believes that the information is or might be relevant to the investigation; or
	(d) require the person who has custody of the body of a deceased person or other human remains to permit the performance of an autopsy on the body or another medical examination on the remains, and cause it to be performed, if the investigator believes that the autopsy or other medical examination is or might be relevant to the investigation.
Offence - paragraph (10)(a), (c) or (d)	(11) No person shall refuse or fail to produce information to an investigator, or to attend before an investigator and give a statement, in accordance with a requirement imposed under paragraph (10)(a), to provide information in accordance with a requirement imposed under paragraph (10)(c) or to make the body of a deceased person or other human remains available for the performance of an autopsy or medical examination in accordance with a requirement imposed under paragraph (10)(d).
Offence - paragraph (10)(b)	(12) No person shall refuse or fail to submit to a medical examination in accordance with a requirement imposed under paragraph (10)(b), but information obtained as a result of such an examination is privileged and, subject to the Airworthiness Investigative Authority's power to make any use of it that the Airworthiness Investigative Authority considers necessary in the interests of aviation safety, no person shall knowingly communicate it or permit it to be communicated to any person.
Legal proceedings	(13) No person may be required to produce information referred to in subsection (12) or to give evidence relating to it in any legal, disciplinary or other proceedings.
Certificate to be produced	(14) Before acting under this section, an investigator shall, on request, produce their certificate of designation to any person in relation to whom the investigator acts.
Meaning of medical examination	(15) The requirement under paragraph (10)(b) that a person submit to a medical examination does not require the person to submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance.
Things seized	(16) For greater certainty, a thing seized under subsection (2) may be an aircraft or part of one.
Use of force	(17) In executing a warrant under this section, an investigator shall not use force unless the investigator is accompanied by a peace officer and the use of force is specifically authorized in the warrant.
Failure to produce document, etc.	(18) If an investigator has required a person to do something under paragraph (10)(a), (b), (c) or (d) and the person has refused or failed to do as required, the investigator may make an application to the Federal Court or a superior court of a province setting out the facts, and the court may inquire into the matter and, after giving the person an opportunity to comply with the requirement, take steps for their punishment as if they had been guilty of contempt of the court, or may make any other order that it finds appropriate.
Limitation	14. An investigator may exercise the powers granted under section 13 only in respect of a civilian.
Return of seized property	15. (1) Anything seized under section 13 — except on-board recordings as defined in subsection 22(1) — shall, as soon as possible after it has served the purpose for which it was seized, be returned to the owner or the person who appears on reasonable grounds to be entitled to it, or to the person from whom it was seized, unless (a) the owner or the person who appears on reasonable grounds to be entitled to it consents otherwise in writing; or (b) a court of competent jurisdiction orders otherwise.
Application for return	(2) A person from whom anything was seized under section 13 — except on-board recordings as defined in subsection 22(1) — or the owner or any other person who appears on reasonable grounds to be entitled to it may apply to a court of competent jurisdiction for an order that the seized thing be returned to them.
Order for return	(3) If, on an application under subsection (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms or conditions that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it might subsequently be required by the Airworthiness Investigative Authority under this Act.
Exception	(4) This section does not apply in respect of anything seized and tested to destruction in accordance with subsection 13(6).
	*Administration*
Notification of Airworthiness Investigative Authority	16. (1) If a department is notified of a military-civilian occurrence, the department shall (a) immediately provide the Airworthiness Investigative Authority with particulars of the occurrence; and (b) as soon as possible after complying with paragraph (a), advise the Airworthiness Investigative Authority of any investigation that it plans to conduct and of any remedial measures that it plans to take.
Investigator as observer	(2) An investigator authorized by the Airworthiness Investigative Authority may attend as an observer at an investigation conducted by the department or during the taking of remedial measures by the department following a military-civilian occurrence.
Airworthiness Investigative Authority may review and comment	(3) Subject to any other Act or law, the Airworthiness Investigative Authority shall, on request, be provided with, and may review and comment on, any interim or final report prepared in respect of an investigation conducted by the department.
Notification by Airworthiness Investigative Authority	17. (1) If the Airworthiness Investigative Authority is notified of a military-civilian occurrence, the Airworthiness Investigative Authority shall (a) immediately provide particulars of the occurrence to any minister responsible for a department that has a direct interest in the occurrence; and (b) as soon as possible after complying with paragraph (a), advise the ministers referred to in paragraph (a) of any investigation that the Airworthiness Investigative Authority plans to conduct and of its scope.
Observers	(2) Subject to any conditions that the Airworthiness Investigative Authority imposes, a person may attend as an observer at an investigation of a military-civilian occurrence conducted by the Airworthiness Investigative Authority if the person
	(a) is designated as an observer by the minister responsible for a department that has a direct interest in the subject-matter of the investigation;
	(b) has observer status or is an accredited representative or an adviser to an accredited representative, pursuant to an international agreement or convention relating to transportation to which Canada is a party; or
	(c) is invited by the Airworthiness Investigative Authority to attend as an observer because, in the Airworthiness Investigative Authority's opinion, the person has a direct interest in the subject-matter of the investigation and is likely to contribute to achieving its object.
Observer may be removed	(3) The Airworthiness Investigative Authority may remove an observer from an investigation if the observer contravenes a condition imposed by the Airworthiness Investigative Authority on the observer's presence or if, in the Airworthiness Investigative Authority's opinion, the observer's participation is likely to create a situation of conflict of interest that will impede the conduct of the investigation.
Report made public	18. (1) On completion of an investigation, the Airworthiness Investigative Authority shall prepare and make available to the public a report on the Airworthiness Investigative Authority's findings, including any safety deficiencies that the Airworthiness Investigative Authority has identified and any recommendations that the Airworthiness Investigative Authority considers appropriate and that relate to aviation safety.
Representations on draft report	(2) Before publishing a report under subsection (1), the Airworthiness Investigative Authority shall, on a confidential basis, send a copy of the draft report on the investigation's findings and any safety deficiencies identified to each minister responsible for a department that has a direct interest in the findings, as well as to any other person who, in the Airworthiness Investigative Authority's opinion, has a direct interest in the findings, and shall give that minister or other person a reasonable opportunity to make representations to the Airworthiness Investigative Authority with respect to the draft report before the final report is prepared.
Confidentiality of draft report	(3) No person shall communicate or use the draft report, or permit its communication or use, for any purpose — other than the taking of remedial measures — that is not strictly necessary to the study of the draft report or to the preparation of representations concerning it.
Manner of dealing with representations	(4) The Airworthiness Investigative Authority shall (a) receive representations made under subsection (2) in any manner the Airworthiness Investigative Authority considers appropriate; (b) keep a record of those representations; (c) consider those representations before publishing the final report; and (d) notify in writing each of the persons who made those representations, indicating how the Airworthiness Investigative Authority has disposed of the representations that that person made.
Protection of representations	(5) A representation is privileged, except for one made by a minister responsible for a department that has a direct interest in the findings of the investigation. Subject to any other provisions of this Part or to a written authorization from the author of a representation, no person, including any person to whom access is provided under this section, shall knowingly communicate it or permit it to be communicated to any person.
Use by Airworthiness Investigative Authority	(6) The Airworthiness Investigative Authority may use representations as the Airworthiness Investigative Authority considers necessary in the interests of aviation safety.
Making representations available to coroner	(7) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Airworthiness Investigative Authority, the Airworthiness Investigative Authority shall make them available to the coroner.
Prohibition of use	(8) Except for use by a coroner for the purpose of an investigation, no person may use representations in any legal, disciplinary or other proceedings.
Notification of findings and recommendations	(9) The Airworthiness Investigative Authority shall (a) during an investigation of a military-civilian occurrence, immediately notify in writing any minister or person who, in the Airworthiness Investigative Authority's opinion, has a direct interest in the investigation's findings of any of its findings and recommendations, whether interim or final, that, in the Airworthiness Investigative Authority's opinion, require urgent action; and (b) on completion of the investigation, notify in writing those ministers and persons of its findings as to the causes and contributing factors of the military-civilian occurrence, any safety deficiencies it has identified and any recommendations resulting from its findings.
Minister to reply to Airworthiness Investigative Authority	(10) A minister who is notified of the findings and recommendations of an investigation under paragraph (9)(a) or (b) shall, within 90 days after the day on which they were notified, (a) advise the Airworthiness Investigative Authority in writing of any action taken or proposed to be taken in response to those findings and recommendations; or (b) provide written reasons to the Airworthiness Investigative Authority if no action will be taken or if the action to be taken differs from the action that was recommended. In either case, that minister shall make the reply available to the public.
Restrictions	(11) If obligations are imposed on the Minister of National Defence under subsection (10), those obligations are subject to any restrictions in the interests of national security that are provided by the National Defence Act or by regulations made under that Act, or that the Governor in Council prescribes by order, which the Governor in Council is hereby authorized to do.
Extension of time	(12) If the Airworthiness Investigative Authority is satisfied that a minister is unable to reply within the period referred to in subsection (10), the period may be extended as the Airworthiness Investigative Authority considers necessary.
Interim report	19. (1) The Airworthiness Investigative Authority shall, on a confidential basis, provide an interim report on the progress and findings of an investigation (a) to any minister responsible for a department that has a direct interest in the subject-matter of the investigation, on written request made in respect of that investigation; and (b) to any coroner investigating the military-civilian occurrence, if it involved a death and significant progress has been made in the investigation.
Limited purpose only	(2) A person, other than a minister, who is provided with an interim report under subsection (1) shall not use the report, or permit its use, for any purpose not strictly necessary to its examination.
Power to reconsider	20. (1) The Airworthiness Investigative Authority may, at any time, reconsider any findings and recommendations made pursuant to an investigation of a military-civilian occurrence under this Part, whether or not the Airworthiness Investigative Authority has made public a report of those findings and recommendations.
Duty to reconsider	(2) The Airworthiness Investigative Authority shall reconsider the findings and recommendations made pursuant to an investigation under this Part if, in the Airworthiness Investigative Authority's opinion, new material facts appear.
Delegation of powers	21. (1) Subject to subsection (2), the Airworthiness Investigative Authority may authorize any person, subject to any limitations specified in the authorization, to exercise or perform any of the powers, duties or functions conferred or imposed on the Airworthiness Investigative Authority under this Part, other than the power of authorization under this subsection.
Revocation	(2) The authorization may be revoked by the Airworthiness Investigative Authority in writing at any time.
	Privilege
Definition of "on-board recording"	22. (1) In this section, "on-board recording" means the whole or any part of (a) a recording of voice communications originating from an aircraft, or received on or in the flight deck of an aircraft, or (b) a video recording of the activities of the operating personnel of an aircraft, that is made, using recording equipment that is intended to not be controlled by the operating personnel, on the flight deck of the aircraft, and includes a transcript or substantial summary of such a recording.
Privilege for on-board recordings	(2) Every on-board recording is privileged and, except as provided by this section, no person, including any person to whom access is provided under this section, shall knowingly communicate an on-board recording or permit it to be communicated to any person.
Legal proceedings	(3) Except as provided by this section, no person may be required to produce an on-board recording or to give evidence relating to it in any legal, disciplinary or other proceedings.
Access by investigator	(4) Any on-board recording that relates to a military-civilian occurrence being investigated under this Part shall be released to an investigator who requests it for the purposes of the investigation.
Use by Airworthiness Investigative Authority	(5) The Airworthiness Investigative Authority may make any use that the Airworthiness Investigative Authority considers necessary in the interests of aviation safety of any on-board recording obtained by an investigator under this Part but, subject to subsection (6), shall not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the causes or contributing factors of the military-civilian occurrence under investigation or to the identification of safety deficiencies.
Access by coroners and other investigators	(6) The Airworthiness Investigative Authority shall make available any on-board recording obtained in the course of an investigation of a military-civilian occurrence to:
	(a) a coroner who requests access to it for the purpose of an investigation that the coroner is conducting; or
	*(b) any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act.*
	(c) to a board of inquiry convened under section 45 of the National Defence Act by the Minister, if he or she requests that the recording be made available, the occurrence did not take place in or over Canada and it involved an aircraft operated by the Canadian Forces.
Power of court or coroner	(7) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of an on-board recording is made, the court or coroner shall (a) cause notice of the request to be given to the Airworthiness Investigative Authority, if the Airworthiness Investigative Authority is not a party to the proceedings; (b) in camera, examine the on-board recording and give the Airworthiness Investigative Authority a reasonable opportunity to make representations with respect to it; and (c) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it.
Use prohibited	(8) An on-board recording may not be used against any of the following persons in disciplinary proceedings, in proceedings relating to the capacity or competence of an officer or employee to perform the officer's or employee's functions, or in legal or other proceedings: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters.
Definition of "court"	*(9) For the purposes of subsection (7), "court" includes a person or persons appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act.*
Definition of "communication record"	23. (1) In this section, "communication record" means the whole or any part of any record, recording, copy, transcript or substantial summary of any type of communications respecting air traffic control or related matters that take place between any of the following persons: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters.
Use prohibited	(2) A communication record obtained in the course of an investigation of a military-civilian occurrence under this Part may not be used against any person referred to in subsection (1) in any legal proceedings or, subject to any applicable collective agreement, in any disciplinary proceedings.
Definition of "statement"	24. (1) For the purposes of this section and section 13, "statement" means (a) the whole or any part of an oral, written or recorded statement relating to a military-civilian occurrence and given by the author of the statement to the Airworthiness Investigative Authority, an investigator or any person acting for the Airworthiness Investigative Authority; (b) a transcription or substantial summary of a statement referred to in paragraph (a); or (c) conduct that could reasonably be taken to be intended as such a statement.
Statement privileged	(2) A statement and the identity of the person who made it are privileged, and, except as provided by this Part or as authorized in writing by the person who made the statement, no person, including any person to whom access is provided under this section, shall knowingly communicate a statement or permit it to be communicated to any person, or disclose the identity of the person who made it.
Use by Airworthiness Investigative Authority	(3) The Airworthiness Investigative Authority may use any statement as he or she considers necessary in the interests of aviation safety.
Access by coroners and other investigators	(4) The Airworthiness Investigative Authority shall make statements available to
	(a) a coroner who requests access to them for the purpose of an investigation that the coroner is conducting; and
	*(b) any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act.*
Power of court or coroner	(5) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of a statement is contested on the ground that it is privileged, the court or coroner shall *(a) in camera, examine the statement; and* (b) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the statement by virtue of this section, order the production and discovery of the statement, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it.
Use prohibited	(6) A statement may not be used against the person who made it in any legal, disciplinary or other proceedings except in a prosecution for perjury or for giving contradictory evidence or a prosecution under section 24.5.
Definition of "court"	*(7) For the purposes of subsection (5), "court" includes a person or persons appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act.*
Reporting of military-civilian occurrences	24.1 (1) The Governor in Council may, on the recommendation of the Minister of National Defence, make regulations for the establishment and administration of systems for the mandatory or voluntary reporting by civilians to the Airworthiness Investigative Authority of military-civilian occurrences or any classes of them that are specified in the regulations.
Use of reports	(2) The Airworthiness Investigative Authority may, subject to this section, use any report made under regulations made under subsection (1) as the Airworthiness Investigative Authority considers necessary in the interests of aviation safety.
Protection of identity	(3) Regulations made under subsection (1) may provide for the protection of the identity of persons who report military-civilian occurrences.
Certain information privileged	(4) If a person's identity is protected by provisions referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and no person shall knowingly communicate it or permit it to be communicated to any person.
Legal proceedings	(5) No person may be required to produce information that could reasonably be expected to reveal the identity of a person who has made a report under regulations made under subsection (1), or to give evidence relating to the information in any legal, disciplinary or other proceedings.
Use prohibited	(6) A report made under a voluntary reporting system established by regulations made under subsection (1) may not be used against the person who made the report in any legal, disciplinary or other proceedings if the person's identity is protected by provisions referred to in subsection (3).
	*Evidence of Airworthiness Investigative Authority and of Investigators*
Appearance of investigator	24.2 Except for proceedings before and investigations by a coroner, neither the Airworthiness Investigative Authority nor an investigator is competent or compellable to appear as a witness in any proceedings unless the court or other person or body before whom the proceedings are conducted orders so for special cause.
Opinions inadmissible	24.3 An opinion of the Airworthiness Investigative Authority or an investigator is not admissible in evidence in any legal, disciplinary or other proceedings.
	Regulations
Regulations	24.4 (1) The Governor in Council may, on the recommendation of the Minister of National Defence, make regulations
	(a) prescribing the manner of exercising or carrying out any of the powers, duties and functions of an investigator designated under subsection 12(1);
	(b) respecting the keeping and preservation of records, documents and other evidence relating to military-civilian occurrences;
	(c) respecting the attendance of interested persons at tests to destruction conducted under subsection 13(6);
	(d) defining, for the purposes of an investigation of a military-civilian occurrence, the site or sites of such an occurrence and prescribing rules for the protection of those sites;
	(e) defining the rights or privileges of persons attending investigations as observers or with observer status;
	(f) respecting the tariff of fees and expenses to be paid to any witness attending at an investigation of a military-civilian occurrence, and the conditions under which a fee or expenses may be paid to such a witness; and
	*(g) respecting the forms of warrants issued under section 13 and the modifications to be made to section 487.1 of the Criminal Code* in its application to section 13.**
Publication of proposed regulations	(2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under subsection (1) or section 24.1 shall be published in the Canada Gazette at least 60 days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those 60 days to make representations with respect to it to the Minister of National Defence.
Exceptions	(3) Subsection (2) does not apply in respect of a proposed regulation that (a) has previously been published under that subsection, whether or not it has been changed as a result of representations made under that subsection; or (b) makes no substantive change to an existing regulation.
	*Offences*
Offences	24.5 (1) Every person who
	(a) contravenes subsection 13(9), (11) or (12),
	(b) without lawful excuse, wilfully resists or otherwise obstructs an investigator in the execution of powers or duties under this Part,
	(c) knowingly gives false or misleading information at any investigation of a military-civilian occurrence under this Part, or
	(d) makes a report under section 24.1 that they know to be false or misleading is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction.
Offences	(2) Every person who contravenes a provision of this Part, or of the regulations made under this Part, for which no punishment is specified is guilty of an offence punishable on summary conviction.
Evidence	24.6 (1) Subject to subsections (2) and (3),
	(a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power under section 13 and stating the results of the exercise of the power, or
	(b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator under subsection 13(10) is admissible in evidence in any prosecution for an offence under this Part without proof of the signature or official character of the person appearing to have signed the report or certified the document and is, in the absence of evidence to the contrary, proof of the statements contained in the report or proof of the contents of the document.
Notice	(2) No report or document shall be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document.
Cross-examination	(3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.
	*Military Investigations Under Part I*
Application of subsection 18(1) to (9) and sections 22 to 24.1	24.7 Subsections 18(1) to (9), the provisions of sections 22, 23 and 24 relating to on-board recordings, communication records and statements, within the meaning of those respective sections, and the provisions of section 24.1 relating to reporting by civilians under that section apply, with any necessary modifications, in respect of an investigation of an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out other than an investigation of a military-civilian occurrence.
	PART III
	STAFF
Employment of officers, clerks and employees	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.
	Prosecution
Limitation period	26. (1) No measures under section 6.9, proceedings for a violation or proceedings by way of summary conviction under this Act may be instituted later than 12 months after the time when the subject-matter of the measures or proceedings arose.
Exception	(2) The Governor in Council may by regulation specify provisions in respect of which measures under section 6.9, proceedings for a violation or proceedings by way of summary conviction may be instituted within 12 months after the day on which the Minister became aware of the subject-matter of the measures or proceedings.
Certificate of Minister	(3) A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of the subject-matter of the contravention, violation or offence is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the subject-matter on that day.
Proof of documents	27. (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister of Transport, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — 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,
	(a) evidence of the original document of which it purports to be a copy;
	(b) evidence that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if the certified copy states a time; and
	(c) evidence 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 of Transport or the Secretary of the Department of Transport — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — 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 aeronautical product, aerodrome, other facility, equipment or service 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 aeronautical product, aerodrome, other facility, equipment or service 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 in it, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof of the certificate.
Document entries as proof	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 in it as against the person who made the entry or was required to keep the record or, if the record was kept in respect of an aeronautical product, an aerodrome, another facility relating to aeronautics, aeronautical equipment or a service relating to aeronautics, against the owner, operator or provider, as the case may be, of the product, aerodrome, other facility, equipment or service.
	29. The Standing Committee on Transport, Infrastructure and Communities of the House of Commons, or if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.
	RELATED PROVISION
Continuation of certain regulations	7. Regulations respecting the suspension and revocation of licences or certificates made under subsection 8(1) of the Aeronautics Act, as it read immediately before the coming into force of this section, shall remain in force until they are revoked or until the day fixed by the proclamation referred to in subsection 8(1) of this Act, whichever first occurs.
	COMING INTO FORCE
	Proclamation of certain provisions
Idem	(2) Paragraph (b) of the definition "aircraft" in section 3 of the Aeronautics Act, shall come into force on a day to be fixed by proclamation.
Idem	(3) Section 6 of the Aeronautics Act, shall come into force on a day to be fixed by proclamation.
	PART IV
	(Repealed, S.C. 2001, c. 29 s. 44)

	SCHEDULE (Section 23)
	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
	CONSEQUENTIAL AMENDMENTS
R.S., c. A-1	Access to Information Act
	43. Schedule II to the Access to Information Act is amended by replacing the reference to "subsections 4.79(1) and 6.5(5)" opposite the reference to the "Aeronautics Act" with a reference to "subsection 4.79(1), sections 5.392 and 5.393, subsections 5.394(2), 5.397(2), 6.5(5), 22(2) and 24.1(4) and section 24.7".
1996, c. 10	Canada Transportation Act
2001, c. 29, s. 52(1)	*44. The portion of subsection 180(2) of the Canada Transportation Act* before paragraph (a) is replaced by the following:**
Application of Aeronautics Act	(2) Sections 7.8 to 8.2 of the Aeronautics Act , as those sections read on April 3, 2006, apply to the contravention of a provision, requirement or condition designated under section 177, with any modifications that are necessary, and a reference in any of those provisions or in any document issued under any of those provisions to
1989, c. 3	Canadian Transportation Accident Investigation and Safety Board Act
	45. Subsection 18(4) of the Canadian Transportation Accident Investigation and Safety Board Act is replaced by the following:
Investigations to be coordinated	(4) Where a transportation occurrence referred to in subsection (3) is being investigated by the Board and by the Department of National Defence, the Canadian Forces or a visiting force, the Board and the Minister of National Defence *— or the Airworthiness Investigative Authority designated under section 11 of the Aeronautics Act, as the case may be —* shall take all reasonable measures to ensure that the investigations are coordinated.
R.S., c. P-36	Public Service Superannuation Act
	*46. The definition "air traffic controller" in section 15 of the Public Service Superannuation Act* is replaced by the following:**
"air traffic controller" « contrôleur de la circulation aérienne »	"air traffic controller" means a contributor who is or was licensed as an air traffic controller pursuant to regulations made under subparagraph 4.9(a)(i) of the Aeronautics Act;
	TRANSITIONAL PROVISIONS
Existing investigations — military-civilian occurrences	47. (1) On the coming into force of Part II of the Aeronautics Act (referred to in this section as "the Act"), as enacted by section 41 of this Act, that Part applies to any investigation already begun of an accident or incident relating to aeronautics that would have been a military-civilian occurrence within the meaning of that Part, and the Airworthiness Investigative Authority designated by the Minister of National Defence under section 11 of the Act shall continue the investigation in accordance with that Part.
Completed investigations — military-civilian occurrences	(2) If, on the coming into force of Part II of the Act, an investigation referred to in subsection (1) has been completed but no report on it has been made, then, on the coming into force of that Part, subsections 18(1) to (9) of the Act and the provisions of sections 22, 23 and 24 of the Act relating to on-board recordings, communication records and statements, within the meaning of those respective sections, and the provisions of section 24.1 of the Act relating to reporting by civilians under that section 24.1 apply.
Existing military investigations	48. If, on the coming into force of Part II of the Aeronautics Act (referred to in this section as "the Act"), as enacted by section 41 of this Act, an investigation by or under the authority of the Minister of National Defence of an accident or incident relating to aeronautics that would not have been a military-civilian occurrence within the meaning of that Part has been begun, or one has been completed but no report on it has been made, then, on the coming into force of that Part, subsections 18(1) to (9) of the Act and the provisions of sections 22, 23 and 24 of the Act relating to on-board recordings, communication records and statements, within the meaning of those respective sections, and the provisions of section 24.1 of the Act relating to reporting by civilians under that section 24.1 apply.
	COMING INTO FORCE
	49. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
	49(2) Despite subsection (1), sections 5.31 to 5.38 of the Aeronautics Act, as enacted by section 12 of this Act, come into force three years after the day on which this Act receives royal assent.


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