| Time limit for
deciding
appeal
|
161. The Agency must decide an appeal as
expeditiously as possible, but not later than 60
days after the expiry of the appeal period.
|
|
| Notification
of decision
|
162. The Agency must immediately notify
the airport operator and the appellant of its
decision and provide written reasons for it.
|
|
| Decision final
|
163. A decision of the Agency on an appeal
is final and, notwithstanding any other Act of
Parliament, no appeal lies from the decision.
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|
| Canada
Transportatio
n Act
|
164. Sections 4, 24, 25.1 to 29, 32, 34, 37,
40, 41 and 43 of the Canada Transportation
Act do not apply in respect of this Act.
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|
|
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|
| Use of
revenues
|
165. (1) Airport operators must use
revenues from a passenger fee for a major
capital program, including the repayment of
principal and interest on debt, or to pay the
costs of collecting the passenger fee.
|
|
| Exception
|
(2) Notwithstanding subsection (1), airport
authorities may use revenues from a passenger
fee for infrastructure covered by an agreement
referred to in paragraph 50(2)(c).
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|
| Short-term
funding
|
166. An airport operator may use revenues
from a passenger fee for short-term funding of
airport operations if equivalent revenues from
other sources are subsequently made available
for a major capital program or infrastructure
covered by an agreement referred to in
paragraph 50(2)(c).
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|
| Extension of
fee
|
167. If an airport operator extends the
imposition of a passenger fee related to a
major capital program or infrastructure
covered by an agreement referred to in
paragraph 50(2)(c) for a period exceeding that
referred to in subparagraph 148(7)(a)(iv), and
the extension is for a reason other than those
set out in subsection 148(5), the airport
operator must make an announcement
explaining the reason for the extension.
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|
| Cessation of
fee
|
168. (1) The airport operator must stop
imposing a passenger fee in respect of the
major capital program or infrastructure
covered by an agreement referred to in
paragraph 50(2)(c) as soon as the
circumstances referred to in subparagraph
148(7)(a)(iv) arise.
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|
| Limitation
|
(2) The use of passenger fees for a purpose
referred to in section 166 does not affect the
determination of when an airport operator
must stop imposing a fee under subsection (1).
|
|
| Exception
|
169. An airport operator who operates an
airport that had an average of fewer than
400,000 enplaned and deplaned passengers
per year during the three calendar years before
the year in which the fee is established may
use the revenues from the fee at that airport for
a purpose other than a major capital program
or infrastructure covered by an agreement
referred to in paragraph 50(2)(c) if the
operator
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|
|
|
(a) gives notice of the purpose; and
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|
|
|
(b) spends the revenues from the fee for the
purpose indicated in the notice during a
calendar year in which the airport has fewer
than 400,000 enplaned and deplaned
passengers or during the year immediately
following it.
|
|
| Suspension -
construction
not started for
two years
|
170. (1) If the airport operator has not
started construction of at least one project that
is part of a major capital program or
infrastructure covered by an agreement
referred to in paragraph 50(2)(c) within two
years after the date that the related passenger
fee takes effect, the airport operator must
suspend the fee. Any balance on hand at the
time of the suspension of the fee must be
segregated in a reserve fund.
|
|
| Suspension -
20% limit
|
(2) If, at any time before the start of
construction of the project, the airport
operator has received more than 20% of the
total estimated capital cost of the program
from the passenger fee and financial
assistance (including grants, contributions
and subsidies) received by the airport operator
for the program, the airport operator must
suspend the fee. Any balance on hand at the
time of the suspension of the fee must be
segregated in a reserve fund.
|
|
| Resumption
of fee
|
(3) After the start of construction of the
project, the airport operator may resume the
fee that has been suspended.
|
|
| Notice of
suspensions
and
resumptions
|
(4) The airport operator must give notice of
the suspension or resumption of a fee, together
with the reasons for it, by
|
|
|
|
(a) sending a copy of the notice to all
persons and organizations referred to in
subsection 150(2);
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|
|
|
(b) making an electronic version of the
notice available on its Internet site, if it has
one; and
|
|
|
|
(c) posting a copy of the notice in prominent
places in every air terminal building on the
airport.
|
|
|
|
|
|
| Obligation of
airport
operators
|
171. Before the expiry of the second
calendar year after the day on which this
section comes into force, or after the airport
operator's becoming subject to the application
of this Part, every airport operator must ensure
that all its fees are in compliance with the
charging principles.
|
|
| Announceme
nt
|
172. (1) The airport operator must, within
the two-year period referred to in section 171,
make an announcement that, in the opinion of
the airport operator, all its fees are in
compliance with the charging principles.
|
|
| Contents
|
(2) The announcement must
|
|
|
|
(a) set out the airport operator's fees and
provide a justification of each fee;
|
|
|
|
(b) indicate that further information about
each fee and its justification is available
from the operator on request; and
|
|
|
|
(c) indicate that any fee may be appealed to
the Agency.
|
|
| Information
|
173. (1) The airport operator must provide,
on request, information that would reasonably
assist any person to understand the
announcement.
|
|
| Meeting with
air carriers
|
(2) The airport operator must write to the air
carriers operating on the airport inviting them
to a meeting to be held at least 30 days before
making an announcement under subsection
172(1) to discuss the compliance of the fees
with the charging principles.
|
|
| Minutes
|
(3) The airport operator must keep minutes
of a meeting held under subsection (2).
|
|
| Appeal
|
174. (1) An appeal of any fee set out in the
announcement may be made to the Agency in
accordance with sections 154, 155, 157 and
160 to 163 on the ground that the fee is not in
compliance with the charging principles.
|
|
| Agency
decision
|
(2) The Agency may dismiss the appeal or
declare that the fee is not in compliance with
the charging principles.
|
|
| Proposal to
revise
non-complian
t fees
|
(3) If the Agency declares that a fee is not
in compliance with the charging principles,
the airport operator must, within 30 days after
the declaration, give notice under section 148
of a proposal to revise the fee or announce that
the fee will be reduced.
|
|
| Deeming
provision
|
175. A fee is deemed not to be in
compliance with the charging principles if
|
|
|
|
(a) it is not set out in an announcement
under section 172; or
|
|
|
|
(b) it is established or revised after the
announcement, but not in accordance with
sections 148 to 165 and 169.
|
|
|
|
|
|
| Designation
of use of
existing
passenger fees
|
176. (1) For each passenger fee in existence
immediately before the coming into force of
this section, an airport operator must, within
one year after this section comes into force,
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|
|
|
(a) designate and describe the program of
capital expenditures for which the revenues
from the fee are to be used, to be
implemented over a period of 10 years or
less and, in a manner that in the opinion of
the airport operator is reasonable and
prudent,
|
|
|
|
(i) estimate the remaining capital cost of
the program,
|
|
|
|
(ii) estimate the time frame for
construction of projects comprising the
program and target date for putting them
into use,
|
|
|
|
(iii) explain how the fee relates to
funding of the program, including debt
financing, and
|
|
|
|
(iv) describe the circumstances under
which the fee will no longer be required
and estimate when it may be terminated;
and
|
|
|
|
(b) give notice of the designation and
description.
|
|
| Further
information
|
(2) The notice must indicate that further
information about the program is available
from the airport operator on request.
|
|
| Application
|
177. Sections 166 to 168 apply to the airport
operator as if the expression ``major capital
program'' referred to in those sections were
read as ``program designated under section
176''.
|
|
| Exception
|
178. An airport operator who operates an
airport that had an average of fewer than
400,000 enplaned and deplaned passengers
per year during the three calendar years before
this section came into force may use the
revenues from a passenger fee at that airport
for a purpose other than a program referred to
in paragraph 176(1)(a) if the operator
|
|
|
|
(a) gives notice of the purpose within one
year after the coming into force of this
section; and
|
|
|
|
(b) spends the revenues from the fee for the
purpose indicated in the notice during a
calendar year in which the airport has fewer
than 400,000 enplaned and deplaned
passengers or the year immediately
following it.
|
|
| Suspension of
designated
program
|
179. (1) If the airport operator designates a
program under subsection 176(1) but does not
start construction of at least one project that is
part of the program within two years after the
coming into force of this section, the operator
must suspend the passenger fee for the
program. Any balance on hand at the time of
the suspension of the fee must be segregated
in a reserve fund.
|
|
| Resumption
of fee
|
(2) After the start of construction of a
project, the airport operator may resume
imposing the fee that has been suspended.
|
|
| Notice of
suspensions
and
resumptions
|
(3) The airport operator must give notice of
the suspension or resumption of a fee, together
with the reasons for it, by
|
|
|
|
(a) sending a copy of the notice to all
persons and organizations referred to in
subsection 150(2);
|
|
|
|
(b) making an electronic version of the
notice available on its Internet site, if it has
one; and
|
|
|
|
(c) posting a copy of the notice in prominent
places in every air terminal building on the
airport.
|
|
| Expansion of
a designated
program
|
180. Notwithstanding subsection 148(5),
airport operators must not add a project to a
designated program that does not meet the
requirements in paragraph (a) of the definition
``major capital program'' in subsection 2(1).
|
|
|
|
|
|
| Seizure and
detention
|
181. (1) If the amount of any fee and the
interest on it has not been paid, the airport
operator may, in addition to any other remedy
available for collecting the amount and
whether or not a judgment for collecting the
amount has been obtained, on application to
the superior court of the province in which any
aircraft owned or operated by the person liable
to pay the amount is situated, obtain an order
of the court, issued on any terms that the court
considers necessary, authorizing the operator
to seize and detain aircraft.
|
|
| Ex parte
application
|
(2) If the amount of any fee referred to in
subsection (1) and the interest on it has not
been paid and the airport operator has reason
to believe that the person liable to pay the
amount is about to leave Canada or take from
Canada any aircraft owned or operated by the
person, the operator may, in addition to any
other remedy available for collecting the
amount and whether or not a judgment for
collecting the amount has been obtained, on ex
parte application to the superior court of the
province in which any aircraft owned or
operated by the person is situated, obtain an
order of the court, issued on any terms that the
court considers necessary, authorizing the
operator to seize and detain aircraft.
|
|
| Release on
payment
|
(3) Subject to subsection (4), except if
otherwise directed by an order of a court, an
airport operator 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) An airport operator must release from
detention an aircraft seized under subsection
(1) or (2) if a bond, suretyship or other security
in a form satisfactory to the operator for the
amount in respect of which the aircraft was
seized is deposited with the operator.
|
|
| Exempt
aircraft
|
182. (1) Any aircraft of a person referred to
in subsection 181(1) or (2) that would be
exempt from seizure under a writ of execution
issued by the superior court of the province in
which the aircraft is situated is exempt from
seizure and detention under that subsection.
|
|
| Exemption
|
(2) The Governor in Council may, by
regulation, exempt any aircraft from seizure
and detention under section 181.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Designation
of inspectors
|
183. The Minister may designate as an
inspector for the administration of this Act any
person or class of persons that the Minister
considers qualified. The Minister must give
each inspector a designation document
specifying the terms and conditions of the
designation.
|
|
| Powers of
inspection
|
184. (1) For the purpose of administering
this Act, an inspector may
|
|
|
|
(a) enter and inspect any place, other than
a dwelling-place, where the inspector has
reason to believe that there is any thing, or
any information, record, book of account or
other document or data, relevant to the
administration of this Act;
|
|
|
|
(b) require any person to present anything
referred to in paragraph (a) for inspection in
the manner and under any conditions that
the inspector considers necessary to carry
out the inspection;
|
|
|
|
(c) examine any thing or any record, book
of account or other document or data that
the inspector has reason to believe is
relevant to the administration of this Act
and make copies of the information, using
the equipment available at the place; and
|
|
|
|
(d) take samples of the air, soil, ground
water and surface water on the airport and
conduct tests and analyses of them.
|
|
| Access to
computers
|
(2) In exercising any of the powers referred
to in subsection (1), an inspector may
|
|
|
|
(a) have access to any computer or data
processing system in order to examine any
data contained in or available to the
computer or system; and
|
|
|
|
(b) reproduce any record from the data, in
the form of a print-out or other intelligible
output, and remove the print-out or other
output for examination.
|
|
| Designation
document to
be produced
|
185. When exercising any powers under
this Act, an inspector must, on request, show
his or her designation document.
|
|
| Duty to assist
|
186. The owner or person in charge of a
place that is entered by an inspector and every
person found there must give the inspector all
reasonable assistance to enable the inspector
to exercise his or her powers and carry out his
or her duties and provide the inspector with
any thing or information relevant to the
administration of this Act that the inspector
requires.
|
|