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| False
information,
etc.
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187. No person shall knowingly, either
orally or in writing, make any false or
misleading statement or knowingly provide
false or misleading information, to the
Minister or a slot coordinator referred to in
section 29 or to any person acting on behalf of
the Minister in connection with any matter
under this Act.
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| Obstruction of
inspector
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188. No person shall knowingly obstruct or
hinder, or make any false or misleading
statement either orally or in writing to, an
inspector designated under section 183 who is
engaged in carrying out his or her duties under
this Act.
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| Offences with
respect to
reports
|
189. No person shall knowingly make or
assist another person in making a document
required to be made by this Act that
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(a) contains an untrue statement of a
material fact; or
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(b) omits to state a material fact required or
necessary to prevent a statement contained
in it from being misleading, in the light of
the circumstances in which the statement
was made.
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| Offence
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190. (1) Every person commits an offence
who contravenes
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(a) any of sections 187 to 189; or
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(b) an order of the Governor in Council
under section 14.
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| Punishment
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(2) Every person who commits an offence
referred to in subsection (1) is liable on
summary conviction
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(a) in the case of an individual, to a fine of
not more than $50,000; and
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(b) in the case of a corporation or an airport
operator, to a fine of not more than
$250,000.
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| Contravention
of Act or
regulations
|
191. (1) Every person commits an offence
who contravenes
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(a) any order of the Governor in Council,
other than an order under section 14, or
direction of the Minister under this Act;
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(b) an order of the Agency under
subsections 159(1) to (3); or
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(c) any provision of this Act or the
regulations other than sections 187 to 189.
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| Punishment
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(2) Every person who commits an offence
referred to in subsection (1) is liable on
summary conviction
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(a) in the case of an individual, to a fine of
not more than $10,000; and
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(b) in the case of a corporation or an airport
operator, to a fine of not more than
$100,000.
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| Daily penalty
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192. An offence under section 190 or 191
that is committed or continued on more than
one day constitutes a separate offence in
respect of each day during which it is
committed or continued.
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| Officers, etc.,
of
corporations
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193. If a corporation commits an offence
under this Act, every person who at the time
of the commission of the offence was a
director or officer of the corporation is guilty
of the same offence unless the act or omission
constituting the offence took place without the
person's knowledge or consent or the person
exercised all due diligence to prevent the
commission of the offence.
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Violations
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| Regulations
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194. (1) The Governor in Council may
make regulations
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(a) designating as a violation that may be
proceeded with under sections 195 to 207
the contravention of any direction of the
Minister or order of the Governor in
Council under this Act, other than an order
under section 14, of any order of the Agency
under subsections 159(1) to (3), of any
provision of this Act, other than sections
187 to 189, or of any provision of the
regulations;
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(b) fixing a penalty, or establishing a range
of penalties, in accordance with subsection
(2), in respect of any violation;
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(c) respecting the service of documents
required or authorized to be served under
sections 197 to 207, including the manner
and proof of service and the circumstances
under which documents are deemed to be
served;
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(d) establishing the form and content of
notices of violation; and
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(e) generally, for carrying out the purposes
and provisions of this section and sections
195 to 207.
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| Maximum
penalties
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(2) The maximum penalty for a violation is
$5,000 in the case of a violation that is
committed by an individual and $50,000 in the
case of a violation that is committed by a
corporation or an airport operator.
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| Daily penalty
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(3) A violation that is committed or
continued on more than one day constitutes a
separate violation in respect of each day
during which it is committed or continued.
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| Criteria for
penalty
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195. Except if a penalty is fixed under
paragraph 194(1)(b), the amount of a penalty
must, in each case, be determined taking into
account
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(a) the degree of intention or negligence on
the part of the person who committed the
violation;
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(b) the harm done by the violation;
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(c) the history of the person who committed
the violation with respect to any prior
violation or conviction under this Act
within the five-year period immediately
before the violation; and
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(d) any other criteria that may be
established by the regulations.
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Proceedings
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| How act or
omission may
be proceeded
with
|
196. A contravention that is designated
under paragraph 194(1)(a) may be proceeded
with either as a violation or as an offence.
Proceeding in one manner precludes
proceeding in the other.
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| Commission
of violation
|
197. (1) If a contravention that is designated
under paragraph 194(1)(a) is proceeded with
as a violation, the person who commits the
violation is liable to a penalty determined in
accordance with sections 194 and 195.
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| Notice of
violation
|
(2) If an inspector believes on reasonable
grounds that a person has committed a
violation, the inspector may issue and cause to
be served on the person a notice of violation.
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| Contents of
notice
|
(3) A notice of violation must name the
person believed to have committed the
violation, identify the violation and set out
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(a) the penalty that the inspector intends to
impose;
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(b) the right of the person, within 30 days
after the notice is served, or within any
longer period that the Tribunal on
application may allow, to pay the penalty or
to file with the Tribunal a written request for
a review of the facts of the alleged violation
or of the amount of the penalty, and the
manner for doing so; and
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(c) the fact that, if the person does not pay
the penalty or request a review in
accordance with the notice, the person is
deemed to have committed the violation.
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| Proof of
service
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(4) The inspector must send to the Tribunal
a copy of the violation notice and proof that it
has been served on the person who is alleged
to have committed the violation.
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Determination of Responsibility and Penalty
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| Payment of
penalty
|
198. If the person pays the penalty specified
in the notice of violation, the person is deemed
to have committed the violation and
proceedings in respect of it are ended.
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| Failure to pay
or to file
request for
review
|
199. (1) If a person fails to pay the amount
of the penalty specified in the notice of
violation within the time specified in it and
does not file a request for a review, the person
is deemed to have committed the violation
alleged in the notice.
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| Certificate
|
(2) The Tribunal must issue a certificate to
the Minister indicating that the Tribunal has
received proof of service of the notice of
violation and that there has been no request for
review and the amount of the penalty set out
in the notice. A copy of the certificate must be
served on the person to whom the notice was
issued.
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| Request for
review
|
200. (1) A person who is served with a
notice under subsection 197(2) and who
wishes to have the facts of the alleged
violation or the amount of the penalty
reviewed must, within 30 days after the notice
is served or within any further time that the
Tribunal on application may allow, file a
written request for a review with the Tribunal.
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| Time and
place for
review
|
(2) On receipt of a request filed under
subsection (1), the Tribunal must appoint a
date, time and place for the review and must
notify the inspector who issued the notice and
the person who filed the request of the time
and place in writing.
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| Review
procedure
|
(3) The member of the Tribunal assigned to
conduct the review must provide the inspector
who issued the notice and the person who filed
the request with an opportunity to present
evidence and make representations.
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| Burden of
proof
|
(4) The inspector must establish, on the
balance of probabilities, that a person has
contravened a designated provision.
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| Determination
of Tribunal
|
(5) The member of the Tribunal assigned to
conduct the review may confirm the
inspector's decision or, subject to any
regulations made under paragraph 194(1)(b),
substitute his or her determination for the
inspector's decision.
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| Notice of
determination
and right of
appeal
|
201. The Tribunal must cause notice of a
determination made under section 200 to be
issued and served on the person to whom the
violation notice was issued and on the
Minister, together with notice of the right of
appeal under section 202.
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Appeal
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| Right of
appeal
|
202. (1) A person served with a notice under
section 201 may, within 30 days after being
served, appeal the determination to the
Tribunal.
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| Loss of right
of appeal
|
(2) A person who does not appear at a
review hearing is not entitled to make an
appeal under subsection (1) unless they
establish that there was sufficient reason to
justify their absence.
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| Disposition of
appeal
|
(3) The appeal panel of the Tribunal
assigned to hear the appeal may dispose of the
appeal by dismissing it or allowing it. In
allowing the appeal, the panel may substitute
its determination for the determination
appealed against.
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| Notice
|
(4) Where the appeal panel finds on an
appeal that a person has committed a
violation, the panel must without delay inform
the person of the finding and, subject to any
regulations made under paragraph 194(1)(b),
of the amount determined by the panel to be
payable by the person in respect of the
violation.
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Rules about Violations
|
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| Violations not
offences
|
203. For greater certainty, a violation is not
an offence. Accordingly, section 126 of the
Criminal Code does not apply in respect of a
violation.
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| Due diligence
available
|
204. Due diligence is a defence in a
proceeding in relation to a violation.
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| Publication
|
205. The Minister may make public the
nature of a violation, the name of the person
who committed it and the amount of the
penalty imposed.
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|
Enforcement
|
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| Debts to Her
Majesty
|
206. (1) A penalty in respect of a violation
constitutes a debt due to Her Majesty in right
of Canada that may be recovered as such in a
court of competent jurisdiction.
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| Time limit
|
(2) No proceedings to recover the debt may
be commenced later than two years after the
debt became payable.
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| Proceeds
payable to
Receiver
General
|
(3) A penalty paid or recovered in respect of
a violation under this Part is payable to and
must be remitted to the Receiver General.
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| Certificate of
default
|
207. (1) The unpaid amount of any debt
referred to in subsection 206(1) may be
certified by the Minister.
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| Registration
of certificate
|
(2) Registration in a court of competent
jurisdiction of a certificate made under
subsection (1) has the same effect as a
judgment of that court for a debt of the amount
specified in the certificate and all related
registration costs.
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| Evidence
|
208. In a proceeding in respect of a
violation or a prosecution for an offence, a
notice purporting to be issued under
subsection 197(2) or section 201 or a
certificate purporting to be made under
subsection 199(2) or 207(1) is admissible in
evidence without proof of the signature or
official character of the person appearing to
have signed it.
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| Time limit
|
209. (1) No proceeding in respect of a
violation or a prosecution for an offence may
be commenced later than two years after the
subject-matter of the proceedings became
known to the inspector.
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| Certificate of
inspector
|
(2) A document appearing to have been
issued by an inspector, certifying the day on
which the subject-matter of any proceedings
became known to the inspector, is admissible
in evidence without proof of the signature or
official character of the person appearing to
have signed the document and is, in the
absence of evidence to the contrary, proof of
the matter asserted in it.
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| Restraining or
compliance
order
|
210. If an airport operator or any director,
officer, employee, agent, mandatary, auditor,
trustee, receiver, receiver-manager or
liquidator of the airport operator does not
comply with any provision of this Act, the
regulations or the operator's by-laws, the
Minister may, in addition to any other right the
Minister has, apply to a court for an order
directing any such person to comply with, or
restraining any such person from acting in
breach of, that provision, and on such
application the court may so order and make
any further order it thinks fit.
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