|
|
|
|
| Binding on
Her Majesty
|
3. This Act is binding on Her Majesty in
right of Canada or a province.
|
|
| Military
airports
|
4. This Act does not apply in respect of
airports operated under the authority of the
Minister of National Defence.
|
|
| Amendment
of Schedule 1
|
5. (1) The Governor in Council may, by
order, amend Parts 1 and 2 of Schedule 1 by
|
|
|
|
(a) adding or deleting the name of an airport
authority;
|
|
|
|
(b) adding or deleting the name of an
airport; and
|
|
|
|
(c) adding or deleting a transfer date.
|
|
| Amendment
of Schedule 2
|
(2) The Governor in Council may, by order,
amend Schedule 2 by
|
|
|
|
(a) adding or deleting the name of an airport
operator; and
|
|
|
|
(b) adding or deleting the name of an
airport.
|
|
| Inconsistency
between
leases and Act
|
6. Nothing in this Act derogates from the
rights and obligations under a lease of an
airport granted by any person, including Her
Majesty in right of Canada, to an airport
operator, as the lease read on the coming into
force of this section, except to the extent that
those rights and obligations are inconsistent
with this Act.
|
|
|
|
|
|
| Declaration
|
7. It is hereby declared that it is in the public
interest that there be a national network of
airports in Canada that are operated in a
manner that
|
|
|
|
(a) is safe, secure, efficient, economically
sustainable, transparent and
environmentally responsible;
|
|
|
|
(b) provides airport facilities and services
that respond effectively to the needs of
users;
|
|
|
|
(c) provides equitable access for air carriers
to airside and terminal facilities and
services;
|
|
|
|
(d) recognizes local and regional interests
through the activities and governance
structures of airport operators;
|
|
|
|
(e) provides opportunities for users and the
public to express their views on matters
respecting airport operations, airport
development and fees;
|
|
|
|
(f) permits Canada to meet its international
obligations referred to in section 17; and
|
|
|
|
(g) recognizes the role played by airports in
linking the air transportation system to
other modes of transportation.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Role of
Minister
|
8. The role of the Minister is to protect the
public interest in respect of airports, in a
manner consistent with the national airports
policy, including
|
|
|
|
(a) monitoring the operation of the national
network of airports;
|
|
|
|
(b) protecting federal real property and
federal immovables leased to airport
operators; and
|
|
|
|
(c) promoting good corporate governance
by airport authorities.
|
|
| Audit
|
9. (1) The Minister may at any time audit or
review, or cause to be audited or reviewed, the
business and affairs of an airport authority.
|
|
| Powers of
auditor or
reviewer
|
(2) The person conducting the audit or
review has all the powers of an inspector under
this Act.
|
|
| Delegation in
writing
|
10. No person other than the Minister, or a
person expressly authorized by name or
position in writing by the Minister, may
exercise any of the Minister's powers under
this Act.
|
|
| Non-derogati
on
|
11. Nothing in this Act derogates from the
powers conferred on the Minister under any
other Act of Parliament.
|
|
| Ministerial
directions not
statutory
instruments
|
12. (1) A direction made by the Minister
under this Act is not a statutory instrument
within the meaning of the Statutory
Instruments Act.
|
|
| Ministerial
directions
final
|
(2) A direction made by the Minister is final
and may not be questioned or reviewed in any
court.
|
|
| No action for
damages
|
(3) No action for damages may be brought
in respect of any measures taken pursuant to a
direction made by the Minister.
|
|
| Terms and
conditions
|
(4) The Minister may issue any direction
under this Act subject to the terms and
conditions that the Minister considers
appropriate.
|
|
| Review of Act
|
13. A review of the provisions and
operation of this Act must be completed by the
Minister after the fifth year after this Act is
assented to. A report of the results of the
review must be laid before each House of
Parliament on any of the first 15 days on which
that House is sitting after the report is
completed.
|
|
|
|
|
|
| Power to
remedy
extraordinary
disruptions
|
14. (1) The Governor in Council may, by
order, take any steps or direct an airport
operator or any other person to take any steps
that the Governor in Council considers
essential to protect critical airport
infrastructure, if the Governor in Council is of
the opinion that
|
|
|
|
(a) an extraordinary disruption to the
effective continued operation of airports
exists or is imminent, other than a labour
disruption;
|
|
|
|
(b) failure to act under this section would be
contrary to the interests of users or the
public; and
|
|
|
|
(c) no other provision of this Act or of any
other Act of Parliament is sufficient and
appropriate to remedy the disruption and
counter the actual or anticipated damage
caused by it.
|
|
| Order is
temporary
|
(2) An order made under this section has
effect for no more than 90 days after it is made.
|
|
| Renewal of
order
|
(3) The Governor in Council may renew the
order for one further period of 90 days.
|
|
| Reference to
Parliament
|
(4) The Minister must cause any order made
under this section to be laid before both
Houses of Parliament within seven sitting
days after the order is made.
|
|
| Reference to
standing
committee
|
(5) Every order laid before Parliament
under subsection (4) must be referred for
review to the standing committee designated
by Parliament for the purpose.
|
|
| Resolution of
Parliament
repealing
order
|
(6) If a resolution directing that an order
made under this section be repealed is adopted
by both Houses of Parliament before the
expiry of the 30 sitting days of Parliament
after the order is laid before both Houses, the
order ceases to have effect on the day on which
the resolution is adopted or, if the adopted
resolution specifies a day on which the order
will cease to have effect, on that specified day.
|
|
| Orders not
statutory
instruments
|
(7) An order made by the Governor in
Council under this section is not a statutory
instrument within the meaning of the
Statutory Instruments Act.
|
|
| Definition of
``critical
airport
infrastructure'
'
|
(8) In this section, ``critical airport
infrastructure'' means the facilities, services,
property and information systems that support
the operation of airports and that are essential
to the health, safety, security and economic
well-being of Canadians or to the effective
functioning of one or more governments in
Canada.
|
|
|
|
|
|
| Role
|
15. The role of airport operators is to
operate their airports in a manner consistent
with the national airports policy and this Act.
|
|
|
|
|
|
|
|
General
|
|
| Provision of
information to
Minister
|
16. Airport operators must provide to the
Minister, in the form and manner, and within
the time, indicated by the Minister,
information that the Minister considers
necessary to exercise his or her powers and
carry out his or her duties and functions.
|
|
| Canada's
international
obligations
|
17. Airport operators must take the
measures necessary to permit Canada to meet
its international obligations under bilateral
and multilateral agreements in respect of
aeronautics and of trade.
|
|
| Airports
serving
international
traffic
|
18. (1) Airport operators of airports serving
international traffic must
|
|
|
|
(a) display the national flag of Canada, and
erect signs welcoming passengers to
Canada, in prominent places for arriving
international passengers; and
|
|
|
|
(b) display the national flag of Canada at
other prominent places on the airport.
|
|
| Regulations
|
(2) The Governor in Council may make
regulations prescribing the locations of,
dimensions of and manner of displaying flags
and signs required to be displayed or erected
on airports, and prescribing the contents of the
signs.
|
|
| Foreign
dignitaries
|
19. Airport operators must assist the
Government of Canada on their airports in
welcoming and facilitating state visits to
Canada by foreign dignitaries.
|
|
| Airport access
for state
aircraft
|
20. (1) Airport operators must permit
landing and taking off on airports, free of
charge, by
|
|
|
|
(a) all military and defence aircraft used in
the service of Her Majesty in right of
Canada;
|
|
|
|
(b) all civil aircraft owned by and
exclusively used in the service of Her
Majesty in right of Canada; and
|
|
|
|
(c) all aircraft owned by and exclusively
used in the service of the government of a
foreign state, other than a state designated
under subsection (2).
|
|
| Designation
|
(2) The Governor in Council may, by order,
designate a foreign state to be a state in respect
of which fees may be imposed.
|
|
| Information
about fees
|
21. (1) Airport operators must, on request,
make available to any person the following
information about fees imposed at their
airport:
|
|
|
|
(a) the amount of each fee;
|
|
|
|
(b) the persons subject to each fee and the
conditions for becoming subject to it; and
|
|
|
|
(c) the method for collecting fees used by
the operator.
|
|
| Internet site
|
(2) Airport operators must post an
electronic version of the information on their
Internet site, if they have one.
|
|
| Emergency
preparedness
|
22. Airport operators must, on request,
provide to the Minister or the member of the
Queen's Privy Council for Canada designated
by the Governor in Council for the purposes of
the Emergency Preparedness Act any
facilities, land, services and human resources
that the Minister or member may require to
fulfil their responsibilities under that Act.
|
|
| Protection of
confidential
information
|
23. (1) Subject to subsection (2) and section
16, no airport operator may disclose any
financial, commercial or technical
information if it is confidential information
supplied to it by an air carrier that is treated
consistently in a confidential manner by the
air carrier.
|
|
| Exception
|
(2) Information referred to in subsection (1)
may be disclosed if the disclosure is made in
a way that does not identify or permit the
identification of the source of the information.
|
|
|
|
Equitable Access to Airport Facilities
|
|
| Equitable
access
|
24. (1) Every airport authority and other
airport operator must provide to all air carriers
who operate or wish to operate aircraft on their
airport, equitable access to the facilities or air
terminal building described in subparagraphs
(a)(i) to (iv) of the definition ``essential
activities'' in subsection 2(1).
|
|
| Limitation
|
(2) No airport operator is required to
construct a new facility or air terminal
building or expand or renovate an existing one
in order to comply with subsection (1).
|
|
| Exception
|
(3) Subsection (1) does not apply in respect
of
|
|
|
|
(a) facilities that were under the exclusive
control on September 1, 2002 of a person,
other than an airport operator, under a
contract that was then in effect until the day
on which the contract expires or is
terminated or any renewal or extension of
the contract expires, if the renewal or
extension did not require the consent of the
airport operator; or
|
|
|
|
(b) the use of a runway at an airport
designated under section 28.
|
|
| Transfer of
airport
activities
|
(4) An airport operator who transfers airport
traffic from one airport operated by the
operator to another does not, by reason of the
transfer alone, contravene this section.
|
|
| Declaration
on equitable
access
|
25. (1) Airport operators must publish a
declaration describing how they plan to meet
their obligations under subsection 24(1).
|
|
| Date
declaration
must be made
|
(2) The declaration must be made within
one year after the coming into force of this
section or within one year after the day on
which the person becomes an airport operator.
|
|
| Contents of
declaration
|
(3) The declaration must include
|
|
|
|
(a) the airport operator's policies and plans
to make any facilities or air terminal
building referred to in subsection 24(1)
available to air carriers who request initial
or expanded access to them;
|
|
|
|
(b) the airport operator's policy for
responding to complaints;
|
|
|
|
(c) the identification of facilities referred to
in paragraph 24(3)(a); and
|
|
|
|
(d) the airport operator's policy on the
distribution of traffic between airports that
it operates.
|
|
| Updated
declaration
|
(4) Airport operators must publish an
updated declaration when there is a change in
any information referred to in subsection (3).
|
|
| Ministerial
directions
|
26. (1) The Minister may direct an airport
operator to take any measures that are
necessary, in the Minister's opinion, to enable
the operator to meet their obligations under
subsection 24(1).
|
|
| Direction to
operator or
co-contractor
|
(2) The Minister may direct an airport
operator or other person who is a party to a
contract referred to in paragraph 24(3)(a) to
take any measures that are necessary, in the
Minister's opinion, to enable the operator to
meet their obligations under subsection 24(1)
if
|
|
|
|
(a) the Minister has consulted the
Commissioner of Competition;
|
|
|
|
(b) the Minister is satisfied that the airport
operator has exhausted all commercial
options reasonably available to the operator
for meeting those obligations; and
|
|
|
|
(c) no other provision of this Act or of any
other Act of Parliament is sufficient and
appropriate to remedy the situation.
|
|
|
|
Slots
|
|