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| 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.
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| 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 .
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| Incorporation
by reference
|
(3) A regulation, an order, a security
measure or an emergency direction made
under this Part that incorporates by reference
a classification, standard, procedure or other
specification may incorporate it as it is
amended from time to time and in such a case
the reference shall be read accordingly.
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| 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.
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| 1992, c. 4,
s. 12
|
10. Section 6.2 of the Act is replaced by
the following:
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| Exemption
from
Statutory
Instruments
Act
|
6.2 (1) The following are exempt from the
application of subsections 3(1) and 5(1) and
section 11 of the Statutory Instruments Act :
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(a) a regulation, within the meaning of
subsection 2(1) of the Statutory
Instruments Act, made under paragraph
4.9(l) or section 5.1 that prohibits or
restricts the use of any airspace or
aerodrome;
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(c) an emergency direction;
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(d) an exemption made under subsection
5.9(2); and
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(e) an interim order made under section
6.41.
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| Precondition
for
contravention
|
(2) No person shall be found to have
contravened any regulation 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 date of the alleged contravention,
reasonable steps had been taken to bring its
purport to the notice of those persons likely to
be affected by it.
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| 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, security
measure, emergency direction or interim
order was issued is, in the absence of evidence
to the contrary, proof that reasonable steps
were taken to bring its purport to the notice of
those persons likely to be affected by it.
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| 1992, c. 4,
s. 13
|
11. (1) Subsection 6.41(1) of the Act is
replaced by the following:
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| Interim orders
|
6.41 (1) The Minister may make an interim
order
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(a) to deal with any situation or state of
affairs that, in the opinion of the Minister,
requires immediate action; or
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(b) for the purpose of giving immediate
effect to any recommendation of any person
or organization authorized to investigate an
aviation accident or incident.
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| Authorized
officer may
make interim
order
|
(1.1) The Minister may authorize any
officer of the Department of Transport to
make, subject to any restrictions or conditions
that the Minister may specify, an interim order
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(a) to deal with any situation or state of
affairs that, in the opinion of the officer,
requires immediate action; or
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(b) for the purpose of giving immediate
effect to any recommendation of any person
or organization authorized to investigate an
aviation accident or incident.
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| Requirement
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(1.2) An interim order may be made only if
the Minister or officer, as the case may be, is
of the opinion that the making of the interim
order is necessary for aviation safety or the
protection of the public.
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| Consultation
|
(1.3) Before making an interim order, the
Minister or officer, as the case may be, must
consult with any person or organization that
the Minister or officer considers appropriate
in the circumstances.
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| 1992, c. 4,
s. 13
|
(2) Subsections 6.41(4) to (6) of the Act
are replaced by the following:
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| 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 approved.
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| Tabling in
Parliament
|
(5) A copy of each interim order that is of
general application must be tabled in each
House of Parliament on any of the first 15 days
on which that House is sitting after the interim
order is made.
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| R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 1, s. 5
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12. (1) Subsections 6.9(1) and (2) of the
Act are replaced by the following:
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| Suspension,
etc., if
contravention
|
6.9 (1) If the Minister decides to suspend or
cancel a Canadian aviation document on the
grounds that its holder or the owner or
operator of any aircraft, airport or other
facility in respect of which it was issued has
contravened any provision of this Part or of
any regulation, order, security measure or
emergency direction made under this Part, the
Minister shall by personal service or by
registered or certified mail sent to the holder,
owner or operator, as the case may be, at that
person's latest known address notify the
holder, owner or operator of that decision and
of the effective date of the suspension or
cancellation, but no suspension or
cancellation shall take effect earlier than the
date that is thirty days after the notice under
this subsection is served or sent.
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| Contents of
notice
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(2) The notice must be in the form that the
Governor in Council may by regulation
prescribe and must , in addition to any other
information that may be so prescribed,
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(a) indicate the provision of this Part or of
the regulation, order, security measure or
emergency direction made under this Part
that the Minister believes has been
contravened; and
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(b) state the date, being thirty days after the
notice is served or sent, on or before which
and the address at which a request for a
review of the decision of the Minister is to
be filed in the event that the holder of the
document or the owner or operator
concerned wishes to have the decision
reviewed.
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| R.S., c. 33 (1st
Supp.), s. 1
|
(2) Subsection 6.9(5) of the Act is
replaced by the following:
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| Exception re
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 considering
the matter is of the opinion that the stay would
result in a threat to aviation safety or security .
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|
| R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 1, s. 5
|
13. (1) Subsection 7(1) of the Act is
replaced by the following:
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| 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 ,
by personal service or by registered or
certified mail sent to the holder of the
document or to the owner or operator of any
aircraft, airport or other facility in respect of
which the document was issued, as the case
may be, at that person's latest known address,
notify the holder, owner or operator of the
Minister's decision.
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| R.S., c. 33 (1st
Supp.), s. 1
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(2) Paragraph 7(2)(a) of the English
version of the Act is replaced by the
following:
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(a) indicate the immediate threat to aviation
safety or security that the Minister believes
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 Canadian aviation
document concerned, or that is proposed to
be done under the authority of the Canadian
aviation document concerned , and the
nature of that act or thing; and
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| R.S., c. 33 (1st
Supp.), s. 1
|
(3) Subsections 7(7) and (8) of the Act are
replaced by the following:
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| Determination
|
(7) The member of the Tribunal conducting
the review may make the following
determination:
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(a) if the decision of the Minister relates to
a person's designation under section 4.84,
the member may determine the matter by
confirming the Minister's decision or by
referring the matter back to the Minister for
reconsideration; or
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(b) if the decision of the Minister relates to
any other Canadian aviation document, the
member may determine the matter by
confirming the Minister's decision or by
substituting his or her own determination.
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| Request for
reconsideratio
n of
immediate
threat
|
(8) If no appeal from a determination
confirming a suspension under subsection (7)
is taken under section 7.2 within the time
limited for doing so under that section or the
Tribunal has, on an appeal under section 7.2,
confirmed the suspension of a Canadian
aviation document under this section, or if the
Minister, after reconsidering the matter under
paragraph 7(7)(a) or 7.2(5)(b), has confirmed
the suspension , the holder of the document or
the owner or operator of any aircraft, airport or
other facility in respect of which the document
was issued may, in writing, request the
Minister to reconsider whether the immediate
threat to aviation safety or security referred to
in subsection (1) that occasioned the
suspension continues to exist or is likely to
occur as described in that subsection.
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| R.S., c. 33 (1st
Supp.), s. 1
|
14. (1) Subsection 7.2(1) of the Act is
replaced by the following:
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| Right of
appeal
|
7.2 (1) The Minister or any person affected
by the determination of a member of the
Tribunal under subsection 6.9(8) or paragraph
7(7)(b) or any person, other than the Minister,
affected by the determination of a member of
the Tribunal under paragraph 7(7)(a) or
subsection 7.1(8) may, within ten days after
the determination, appeal the determination to
the Tribunal.
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| R.S., c. 33 (1st
Supp.), s. 1
|
(2) Paragraphs 7.2(5)(a) and (b) of the
Act are replaced by the following:
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(a) subsection 6.9(8) or paragraph 7(7)(b) ,
by dismissing it or allowing it and in
allowing the appeal the Tribunal may
substitute its decision for the determination
appealed against; or
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(b) paragraph 7(7)(a) or subsection 7.1(8),
by dismissing it or referring the matter back
to the Minister for reconsideration.
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| R.S., c. 33 (1st
Supp.), s. 1
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15. Subsection 7.3(3) of the Act is
replaced by the following:
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| Contravention
of Part,
regulation,
etc.
|
(3) Except as otherwise provided by this
Part, every person who contravenes a
provision of this Part or of any regulation,
order, security measure or emergency
direction made under this Part is guilty of an
offence punishable on summary conviction.
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| Contravention
of subsection
4.81(1)
|
(3.1) Despite subsections (4) and (5), every
air carrier or operator of an aviation
reservation system who fails to comply with a
requirement under subsection 4.81(1) or
4.82(4) or (5) is guilty of an offence
punishable on summary conviction and liable
to a fine of not more than $50,000.
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| R.S., c. 33 (1st
Supp.), s. 1
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16. Paragraph 7.4(5)(b) of the Act is
replaced by the following:
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(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,
order, security measure or emergency
direction made under this Part,
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17. The Act is amended by adding the
following after section 7.4:
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| Prohibition -
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
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(a) interfering with the performance of the
duties of any crew member;
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(b) lessening the ability of any crew
member to perform that crew member's
duties; or
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(c) interfering with any person who is
following the instructions of a crew
member.
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| Punishment
|
(2) Every person who commits an offence
under subsection (1) is liable
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(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
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(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.
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| 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.
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| Application
|
(4) This section applies despite subsections
7.3(4) and (7).
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| R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 4,
s. 19
|
18. Paragraphs 7.6(1)(a) and (b) of the
Act are replaced by the following:
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(a) designate any provision of this Part or of
any regulation, order or security measure
made under this Part, in this section and in
sections 7.7 to 8.2 referred to as a
``designated provision'', as a provision the
contravention of which may be dealt with
under and in accordance with the procedure
set out in sections 7.7 to 8.2;
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(a.1) if subsection 4.81(1) or 4.82(4) or (5)
is a designated provision, prescribe the
maximum amount payable in respect of a
contravention of that provision, which
amount shall not exceed $50,000; and
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(b) prescribe, in respect of any other
designated provision, the maximum
amount payable in respect of a
contravention of that provision, which
amount shall not exceed
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(i) $5,000, in the case of an individual,
and
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(ii) $25,000, in the case of a corporation.
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| R.S., c. 33 (1st
Supp.), s. 1
|
19. Paragraph 8.3(1)(a) of the Act is
replaced by the following:
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(a) in the opinion of the Minister, the
removal from the record would not be in the
interest of aviation safety or security ; or
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| R.S., c. 33 (1st
Supp.), s. 1
|
20. Section 8.5 of the Act is replaced by
the following:
|
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| Defence
|
8.5 No person shall be found to have
contravened a provision of this Part or of any
regulation, order, security measure or
emergency direction made under this Part if
the person exercised all due diligence to
prevent the contravention.
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|
| R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 4,
s. 23(F)
|
21. (1) Paragraph 8.7(1)(a) of the Act is
replaced by the following:
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(a) enter, for the purposes of making
inspections or audits relating to the
enforcement of this Part, any aircraft,
aerodrome or other aviation facility, any
premises used for the design, manufacture,
distribution, maintenance or installation of
aeronautical products or any premises used
by the Canadian Air Transport Security
Authority, regardless of whether or not the
inspection or audit relates to that place or to
the person who possesses or controls it;
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(a.1) remove any document or other thing
from the place where the inspection or audit
is being carried out for examination or, in
the case of a document, copying;
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(2) Section 8.7 of the Act is amended by
adding the following after subsection (1):
|
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| 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
(b), the Minister may
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(a) use or cause to be used any computer
system or data processing system at the
place to examine any data contained in, or
available to, the system;
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(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
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(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.
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22. The Act is amended by adding the
following after section 8.7:
|
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| 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
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