| Ownership of
slots
|
27. Slots are the property of Her Majesty in
right of Canada.
|
|
| Designation
of airports
requiring slot
allocation
|
28. (1) The Minister may make an order
designating any airport as an airport requiring
slot allocation, after consultation with the
airport operator and the Corporation, as
defined in subsection 2(1) of the Civil Air
Navigation Services Commercialization Act.
The Minister may indicate in the order the
periods for which it applies and the maximum
number of slots that may be allocated over a
specific period.
|
|
| Cancellation
of designation
|
(2) The Minister may, by order, cancel,
amend or renew a designation.
|
|
| Slot
coordinator
|
29. (1) If the Minister designates an airport
as an airport requiring slot allocation or if the
air carriers operating at an airport, after
consultation with the airport operator, decide
that slot allocation is desirable, the air carriers
and the airport operator may, by agreement,
select a slot coordinator.
|
|
| Agreement
|
(2) The air carriers and the airport operator
may agree on the terms for engaging a slot
coordinator, including the amount of the
coordinator's remuneration and their
responsibilities for paying it.
|
|
| Selection by
Minister
|
(3) If the air carriers and the airport operator
do not agree on the selection of a slot
coordinator or the terms of the coordinator's
engagement, the Minister may select the
coordinator or decide on the terms for the
coordinator's engagement.
|
|
| Not an agent
of Her
Majesty
|
(4) For greater certainty, a slot coordinator
is not an agent of Her Majesty in right of
Canada.
|
|
| Allocation,
renewal or
withdrawal of
slots
|
30. (1) The slot coordinator must allocate,
renew and withdraw slots in accordance with
the regulations or, if there are no regulations,
in a manner consistent with the slot allocation
procedures applied by the international air
transport industry.
|
|
| Availability of
facilities and
services
|
(2) Subject to section 32, the slot
coordinator may only allocate, renew or
withdraw slots if the airport operator has
confirmed the availability of the necessary
facilities and services at the air terminal
building.
|
|
| Providing
information
about slots
|
31. (1) An airport operator and air carriers
operating on the airport must provide the slot
coordinator with any information in their
possession if the information, in the opinion of
the slot coordinator, is required to carry out the
coordinator's functions.
|
|
| Protection of
confidential
information
|
(2) Subject to subsections (3) and (4), the
slot coordinator must not disclose any
financial, commercial or technical
information if it is confidential information
supplied by an air carrier or airport operator
that is treated consistently in a confidential
manner by the air carrier or operator.
|
|
| Provision of
information to
Minister
|
(3) The slot coordinator 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.
|
|
| Exception
|
(4) Information referred to in subsection (2)
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.
|
|
| Ministerial
directions
|
32. (1) If, in the Minister's opinion, it is
necessary for ensuring equitable access to
slots by domestic air carriers that provide
domestic air services, the Minister may direct
a slot coordinator to allocate, renew or
withdraw any slot, or a number of slots within
a specified period, in respect of any person, on
the terms specified by the Minister. The
Minister may issue the direction to the airport
operator if there is no slot coordinator for the
airport.
|
|
| Direction in
respect of
foreign air
carriers
|
(2) The Minister may, with the concurrence
of the Minister of Foreign Affairs, direct a slot
coordinator, or the airport operator if there is
no slot coordinator, to withdraw any slot from
foreign air carriers or to withdraw a number of
slots within a specified period from them.
|
|
| Priority
|
(3) A direction of the Minister prevails over
any regulations made under section 34 to the
extent of any inconsistency.
|
|
| Trade in slots
prohibited
|
33. (1) No person who has been allocated a
slot may sell or transfer it. Any sale or transfer
of a slot is without effect.
|
|
| Permitted
trade in slots
|
(2) Notwithstanding subsection (1), a
person who has been allocated a slot may, in
accordance with the regulations, lend the slot
free of charge to another person or exchange
it for another slot. If there are no regulations,
the loan or exchange may only be made after
giving notice to the slot coordinator, or to the
airport operator if there is no slot coordinator.
|
|
| Regulations
|
34. The Governor in Council may make
regulations respecting slots, including
|
|
|
|
(a) the selection of slot coordinators;
|
|
|
|
(b) the allocation, renewal and withdrawal
of slots; and
|
|
|
|
(c) the loan or exchange of slots.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Continuance
of federal
corporations
|
35. (1) The airport authorities set out in
column 1 of Part 1 of Schedule 1, which are
corporations incorporated under Part II of the
Canada Corporations Act, being chapter C-32
of the Revised Statutes of Canada, 1970, are
hereby continued as corporations under this
Act, under the names set out in column 2 of
Part 1 of Schedule 1.
|
|
| Continuance
of provincial
corporations
|
(2) The Governor in Council may, by order,
continue under this Act an airport authority
incorporated under a provincial statute whose
name is set out in column 1 of Part 2 of
Schedule 1 by adding the authority to column
2 of Part 1 of Schedule 1, after the continuance
is authorized by the laws of the province
where it is incorporated. The authority is
continued under this Act as a corporation
under the name set out in column 2 of Part 1
of Schedule 1 on the day on which its name is
added to Part 1 of Schedule 1.
|
|
| Constating
documents
|
(3) The constating documents of an airport
authority referred to in subsection (1) cease to
have effect on the day on which this section
comes into force, and those of an airport
authority referred to in subsection (2) cease to
have effect on the day on which the name of
the authority is set out in Part 1 of Schedule 1.
|
|
| By-laws
|
(4) Notwithstanding subsection (3), the
by-laws of an airport authority referred to in
that subsection remain in effect until the day
on which the by-laws replacing them are filed
by that authority with the Minister under
section 38.
|
|
| Designations
under Airport
Transfer
(Miscellaneou
s Matters) Act
|
(5) Nothing in this Act affects the validity
of a designation made by the Governor in
Council under subsection 2(2) of the Airport
Transfer (Miscellaneous Matters) Act.
|
|
| References to
airport
authorities
|
(6) Any reference to an airport authority
under the name set out in column 1 of
Schedule 1 in a document made before the
coming into force of this section or, in the case
of an airport authority referred to in subsection
(2), before the day on which its name is added
to column 2 of Part 1 of that Schedule is
deemed to be a reference to the airport
authority set out in column 2 of Part 1 of that
Schedule, unless the context otherwise
requires.
|
|
| New authority
|
36. (1) If the Governor in Council makes an
order adding the name of a new airport
authority to Part 1 of Schedule 1, the order
must name the authority's first directors and
contain its first by-laws.
|
|
| Incorporation
|
(2) On the day on which the name of a new
authority is added to Part 1 of Schedule 1, it
becomes a corporation governed by this Act.
|
|
| Rights
preserved
|
37. When any airport authority is continued
as a corporation under this Act,
|
|
|
|
(a) the property of the authority continues to
be the property of the corporation;
|
|
|
|
(b) the corporation continues to be liable for
the obligations of the authority;
|
|
|
|
(c) an existing cause of action, claim or
liability to prosecution is unaffected;
|
|
|
|
(d) a civil, criminal or administrative action
or proceeding pending by or against the
authority may be continued to be
prosecuted by or against the corporation;
and
|
|
|
|
(e) a conviction against, or ruling, order or
judgment in favour of or against, the
authority may be enforced by or against the
corporation.
|
|
| Filing of
by-laws by
corporations
in Part 1 of
Schedule 1
|
38. (1) An airport authority whose name is
set out in Part 1 of Schedule 1 must file new
by-laws that are consistent with this Act with
the Minister within three months after the day
on which this section comes into force. Any
subsequent amendment to those by-laws must
be filed with the Minister within 30 days after
the day on which the amendment is made.
|
|
| Filing of
by-laws by
other
corporations
|
(2) An airport authority whose name is
added to Part 1 of Schedule 1 by an order
referred to in subsection 35(2) must file new
by-laws that are consistent with this Act with
the Minister within three months after the day
on which the order is made. Any subsequent
amendment to those by-laws must be filed
with the Minister within 30 days after the day
on which the amendment is made.
|
|
| Ministerial
directions
|
(3) If the Minister is of the opinion that the
by-laws of an airport authority do not comply
with this Act, the Minister may, within 90 days
after the day on which the by-laws or any
amendments are filed, direct the authority to
amend its by-laws to ensure that they are in
compliance with this Act and specify in the
direction the date before which the
amendment must be made.
|
|
| Duty to
inform
|
(4) The airport authority must inform all
selecting bodies without delay of all
amendments to the authority's by-laws.
|
|
| Cessation
|
(5) Any by-law or any amendment to a
by-law that is not filed with the Minister in
accordance with subsection (1) or (2) or that is
not amended as directed by the Minister under
subsection (3) ceases to be in force.
|
|
| By-laws -
transitional
provisions
|
39. The by-laws referred to in section 38
must provide for amendments to the airport
authority's nomination and appointment
process to make it comply with this Act, as
soon as possible and in any event not later than
three years after
|
|
|
|
(a) the coming into force of that section; or
|
|
|
|
(b) the day on which the order referred to in
subsection 35(2) is made, in the case of
by-laws referred to in subsection 38(2).
|
|
| Statutory
Instruments
Act
|
40. No by-law, plan or other document that
an airport authority is required to have, adopt
or prepare under this Act is a statutory
instrument within the meaning of the
Statutory Instruments Act.
|
|
|
|
|
|
| Location
|
41. The head office of an airport authority
must be at or near the airport leased to it on the
transfer date or in the principal municipality
that is served by that airport.
|
|
|
|
|
|
| Dissolution
|
42. (1) The Governor in Council may, by
order, dissolve an airport authority by deleting
its name from Part 1 of Schedule 1 if the
Governor in Council is satisfied that the
authority has adequately provided for the
payment or discharge of all its obligations.
|
|
| Effect of
dissolution
|
(2) In the event of dissolution of an airport
authority, all property remaining after
dissolution must be transferred to the
Minister, in the name of Her Majesty in right
of Canada, or, alternatively, to any successor
organization to the authority designated by the
Minister.
|
|
| Order on
dissolution
|
43. In case of dissolution, the Governor in
Council may, by order, take any measures that
are necessary for the transfer of property and
the carrying out of airport operations.
|
|
|
|
|
|
| Purpose of
airport
authority
|
44. (1) The purpose of an airport authority
is to carry out its airport undertaking in respect
of its airports in a manner consistent with this
Act.
|
|
| Carrying out
purpose
|
(2) In carrying out its purpose, an airport
authority must take into account the interests
of users, the airport's contribution to the
national air transportation system and the
airport's contribution to the economy and
public of the region it serves.
|
|
| Not agent of
Her Majesty
|
45. An airport authority is not an agent of
Her Majesty in right of Canada.
|
|
| Legal capacity
|
46. (1) Subject to this Act, an airport
authority has the capacity, rights, powers and
privileges of a natural person.
|
|
| Power to
make by-laws
|
(2) An airport authority may make by-laws.
|
|
| Debt
obligations
|
(3) An airport authority may issue a bond or
debenture or other evidence of indebtedness.
|
|
| Without share
capital and
not for profit
|
47. An airport authority is a corporation
without share capital. The airport authority
must apply all its revenues towards promoting
its purpose in accordance with this Act and
may not distribute any surplus.
|
|
| Authorized
investments
|
48. An airport authority may invest moneys
in its reserves, or moneys that it does not
require in the short-term, only in debentures,
bonds or other debt obligations of or
guaranteed by
|
|
|
|
(a) any bank set out in Schedule I to the
Bank Act; or
|
|
|
|
(b) a government, or corporation, whose
credit rating is in one of the three highest
rating categories as established by an
internationally recognized credit rating
agency.
|
|
| Authority of
directors,
officers, etc.
|
49. (1) No airport authority and no
guarantor of an obligation of an airport
authority may assert against a person dealing
with the authority or against a person who
acquired rights from the authority
|
|
|
|
(a) that the by-laws of the authority have not
been complied with;
|
|
|
|
(b) that a person held out by the authority as
a director, an officer, an agent or a
mandatary of the authority has not been
duly appointed or is not authorized to
exercise the powers and perform the duties
that are customary in the business of the
authority or usual for a director, an officer,
an agent or a mandatary; or
|
|
|
|
(c) that a document issued by any director,
officer, agent or mandatary of the authority
with actual or usual authority to issue the
document is not valid.
|
|
| Exception
|
(2) Subsection (1) does not apply in respect
of a person who has, or ought to have,
knowledge of a situation described in that
subsection by virtue of their relationship to the
airport authority.
|
|