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

8. Section 5.1 of the Act is replaced by the following:

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 person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public.

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

9. Section 5.9 of the Act and the heading before it are replaced by the following:

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 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.

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.

1992, c. 4, s. 12

10. Section 6.2 of the Act is replaced by the following:

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.

1992, c. 4, s. 13

11. (1) Subsection 6.41(1) of the Act is replaced by the following:

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 officer 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.

1992, c. 4, s. 13

(2) Paragraph 6.41(3)(b) of the Act is replaced by the following:

    (b) where no such regulation is made, one year after the day on which the interim order is made.

1992, c. 4, s. 13

(3) Subsections 6.41(4) to (6) of the Act are replaced by the following:

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.

R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5

12. (1) Subsections 6.9(1) and (2) of the Act are replaced by the following:

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, notice, 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.

Contents of notice

(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,

    (a) indicate the provision of this Part or of the regulation, notice, order, security measure or emergency direction made under this Part that the Minister believes has been contravened; and

    (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.

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

(2) Subsection 6.9(5) of the Act is replaced by the following:

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.

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:

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.

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

(2) Paragraph 7(2)(a) of the English version of the Act is replaced by the following:

    (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

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

(3) Subsections 7(7) and (8) of the Act are replaced by the following:

Determina-
tion

(7) The member of the Tribunal conducting the review may make the following determination:

    (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

    (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.

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.

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

14. (1) Subsection 7.2(1) of the Act is replaced by the following:

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.

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

(2) Paragraphs 7.2(5)(a) and (b) of the Act are replaced by the following:

    (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

    (b) paragraph 7(7)(a) or subsection 7.1(8), by dismissing it or referring the matter back to the Minister for reconsideration.

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

15. Subsection 7.3(3) of the Act is replaced by the following:

Contraven-
tion 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.

Contraven-
tion 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.

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

16. Paragraph 7.4(5)(b) of the Act is replaced by the following:

    (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,

17. The Act is amended by adding the following after section 7.4:

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

    (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).

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:

    (a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, in this section and in sections 7.7 to 8.2 referred to as a ``designated provision'', as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2;

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

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

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

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

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

19. Paragraph 8.3(1)(a) of the Act is replaced by the following:

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

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

20. Section 8.5 of the Act is replaced by the following:

Defence

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

R.S., 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:

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

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

(2) Section 8.7 of the Act is amended by adding the following after subsection (1):

Operation of computer systems and copying equipment

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

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