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| Meeting with
directors
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133. (1) Every airport authority must invite
the selecting bodies to meet at least once a
year with a majority of the directors of the
board, including the chairperson, and the chief
executive officer. Section 81 does not apply in
respect of that meeting.
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| Confidential
affairs
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(2) Meetings under this section may not
deal with the confidential affairs of the airport
authority.
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| Examination
and provision
of records,
reports, etc.
|
134. (1) Every airport authority must make
available the documents referred to in
subsection (2) to any person at its head office,
during usual business hours, and must, on
payment of a reasonable fee, provide a copy of
the documents to them. The authority must list
the documents on its Internet site, if it has one.
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| List of
documents
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(2) The documents to be made available by
the airport authority are
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(a) the current and all previous airport
master plans;
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(b) the current and all previous land use
plans;
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(c) the current and all previous business
plans, excluding information the disclosure
of which would be harmful to the
authority's commercial interests;
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(e) all audited financial statements of the
authority and every corporation in which it
holds an ownership interest and the
corresponding auditor's reports;
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(f) all five-year performance reviews and
responses to them;
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(g) the current version of the by-laws;
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(h) the current and all previous
methodologies for determining fees;
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(i) the current and all previous
environmental management plans;
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(j) a description of the environmental
incidents on the airport for which notice is
required to be given under subsection
110(1) and any corrective measures taken;
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(k) all airport transfer agreements and any
amendments to them;
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(l) all instruments relating to borrowing or
lending by the authority to the extent that
their disclosure is required to explain how
the financial requirements of the authority
are to be determined or is required by law;
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(m) all documents related to the survey
referred to in section 135;
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(n) the minutes of all meetings required
under this Act to be held with air carriers
and the community;
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(o) a copy of all notices given and
announcements made under Part 6;
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(p) copies of all declarations referred to in
section 25 that are in effect; and
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(q) copies of all press releases issued by the
authority.
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| Interpretation
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(3) In the case of an airport authority that
operates one or more airports that are not
leased to it by Her Majesty in right of Canada,
paragraphs (2)(a) to (c) and (h) to (j) only
apply in respect of the airport leased to it by
Her Majesty in right of Canada on the transfer
date.
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| Survey
required
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135. Every airport authority must, in the
year preceding the performance review
referred to in section 138, conduct a survey on
the airport leased to it by Her Majesty on the
transfer date, regarding the degree of
satisfaction of passengers with the services
provided by the authority.
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| Establishment
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136. Every airport authority must, within
one year after the coming into force of this
section, establish performance indicators
applicable to its activities.
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| Regulations
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137. The Governor in Council may make
regulations establishing performance
indicators applicable to the activities of
airport authorities.
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| Performance
review
|
138. (1) The board of an airport authority
must cause a performance review to be
undertaken in respect of the business and
affairs of the airport authority within six
months after the date that is every fifth year
after the transfer date. A report of the review
must be sent to the board before the end of the
six-month period and made available to each
selecting body and the public within 30 days
after it is received by the board.
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| Selection
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(2) The board must choose a reviewer
through a public bid solicitation process. It
may not choose
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(a) an individual or firm that is or was,
during the period of review, the auditor of
the airport authority or one of its
subsidiaries;
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(b) an individual who participated in the
audit as a partner, associate or employee of
an individual or firm referred to in
paragraph (a); or
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(c) a firm that designates an individual who
participated in the audit to carry out the
performance review.
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| Qualifications
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(3) The reviewer must be a qualified person
who is not subject to any influence, interest or
relationship that may impair, or be perceived
to impair, the independence or objectivity of
the reviewer in carrying out the performance
review.
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| Content
|
139. (1) The report of the reviewer must
include the following information:
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(a) the terms of reference of the review;
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(b) the extent to which, in the opinion of the
reviewer, the airport authority is carrying
out its airport undertaking in a manner that
is in accordance with its purpose as an
airport authority, the relevant plans of the
authority, its lease and any applicable
legislation;
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(c) the extent to which, in the opinion of the
reviewer, the financial and management
controls, information management systems
and management practices are maintained
in a manner that provides reasonable
assurance that
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(i) the property of the authority and the
property of Her Majesty in right of
Canada that is located on the airport are
safeguarded, and
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(ii) the financial, human and physical
resources of the authority are managed
effectively and efficiently;
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(d) the extent to which, in the opinion of the
reviewer, the authority's governance and
accountability mechanisms are adequate
for the management of public assets;
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(e) the extent to which, in the opinion of the
reviewer, the authority is meeting the needs
of users;
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(f) the significance, in the opinion of the
reviewer, of any risks to the authority,
including risks related to investments in any
other corporation;
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(g) an analysis of the authority's
performance indicators and an assessment
of the extent to which they have been met;
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(h) a review of any matter raised by the
board or any selecting body;
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(i) any concerns or qualifications that the
reviewer has regarding any matter dealt
with by the report; and
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(j) a description of any matter falling within
the scope of the reviewer's examination for
the report that, in their opinion, should be
brought to the attention of the board,
including compliance with this Act.
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| Regulations
|
(2) The Governor in Council may make
regulations respecting the contents of the
report, including additional contents to be
included in it.
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| Response
|
140. The airport authority must send a copy
of its response to the reviewer's conclusions
and recommendations to each selecting body
and the reviewer within 120 days after the
expiry of the six-month period referred to in
subsection 138(1). The airport authority must
also make a copy of the response available to
the public within that period.
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| Meeting
|
141. If at least four selecting bodies, at least
one of which is a municipality or a regional
authority referred to in subsection 63(4) and at
least one of which is a non-governmental
entity referred to in subsection 63(5), request
a meeting within 30 days after the airport
authority has sent them its response to the
reviewer's report, the board must invite all
selecting bodies and the reviewer to a meeting
to discuss any matter in the report raised by a
selecting body, any measures to be taken by
the authority to implement the
recommendations of the report or the reasons
why no such measures may be taken. The
meeting must be held within 21 days after the
request of the selecting bodies is made.
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| Application
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142. (1) This Part applies to airport
authorities and airport operators referred to in
paragraphs (c) and (d) of the definition
``airport operator'' in subsection 2(1). In the
case of airport authorities, it applies only in
respect of airports leased to them by Her
Majesty in right of Canada on the transfer
date.
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| Application to
Territories
|
(2) Subject to subsection (3), this Part does
not apply to airport operators referred to in
paragraph (b) of the definition ``airport
operator'' in subsection 2(1).
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| Territorial
airport
operators
|
(3) Airport operators referred to in
paragraph (b) of the definition ``airport
operator'' in subsection 2(1) must, if they
establish or increase a fee,
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(a) give notice of any proposal to establish
or increase the fee, including an
explanation of how the fee is set and, in the
case of a passenger fee, describe the
purpose for which the revenues from the fee
are to be used;
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(b) provide opportunities for users and other
parties to obtain information about the
proposal and to express their views about it;
and
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(c) announce its decision in respect of the
proposal, after considering the views
expressed by users and other parties.
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| Conditions for
imposition of
fees
|
143. (1) An airport operator may impose
only the following fees:
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(a) a fee that was in existence immediately
before the coming into force of this section;
and
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(b) a fee that has been established or revised
after the coming into force of this section in
accordance with this Part.
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| Prohibition
|
(2) No person who provides airside and
terminal facilities and services on behalf of an
airport operator may impose fees.
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| Deeming
|
(3) For the purposes of this Part, a person
who operates all the airside and terminal
facilities and services at an airport on behalf of
an airport operator referred to in paragraph (c)
or (d) of the definition ``airport operator'' in
subsection 2(1) is deemed to be the airport
operator of that airport.
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| Charging
principles
|
144. (1) Airport operators must observe the
following principles when establishing or
revising a fee:
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(a) fees must be in accordance with the
airport operator's methodology for
determining fees established under section
145;
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(b) fees for particular facilities and services
may differentiate among air carriers only on
the basis of objective criteria that are
applied in the same manner to all air carriers
who meet them;
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(c) fees may not differentiate among air
carriers on the basis of their nationality;
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(d) fees must not be set at a level that, based
on projections that in the opinion of the
airport operator are reasonable and prudent,
would generate revenues exceeding the
portion of the financial requirements
referred to in paragraph 145(2)(b); and
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(e) aeronautical fees must be structured in
such a way that a user would not, for the
purpose of avoiding a fee, be encouraged to
engage in practices that diminish aviation
safety or security.
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| Exception
|
(2) Notwithstanding paragraph (1)(a), fees
may be established or revised after the coming
into force of this section and before the date of
the announcement referred to in subsection
172(1) before the methodology has been
established.
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| Methodology
|
145. (1) Airport operators must establish
their methodology for determining fees in
accordance with this Part. The methodology
may be revised at any time in accordance with
this Part.
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| Contents -
aeronautical
and some
passenger fees
|
(2) The methodology must
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(a) explain how the financial requirements
of the airport operator are to be determined;
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(b) explain how the airport operator will
determine the portion of the financial
requirements that are to be met from fees,
except passenger fees used for a major
capital program, infrastructure covered by
an agreement referred to in paragraph
50(2)(c) or a program designated under
section 176;
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(c) identify the fees that are to be used to
meet that portion of the financial
requirements;
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(d) describe the unit of measurement to be
used for each fee referred to in paragraph (c)
and provide the rationale for the use of that
unit;
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(e) explain how each fee is to be set,
including how it will relate to the portion of
the financial requirements referred to in
paragraph (b); and
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(f) provide the rationale for the use of
different fees referred to in paragraph (c), or
for any difference in the imposition of such
fees, in respect of particular facilities and
services.
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| Contents -
program-relat
ed passenger
fees
|
(3) In the case of a passenger fee used for a
major capital program, infrastructure covered
by an agreement referred to in paragraph
50(2)(c) or a program designated under
section 176, the methodology must explain
how the fee relates to the funding of the
program or infrastructure, including debt
financing, and provide the rationale for any
difference in the imposition of the fee.
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| Other charges
|
(4) The airport operator must explain the
policies and principles used for determining
charges that it imposes on air carriers other
than fees.
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| Notice
|
146. (1) Airport operators must give notice
of any proposal to establish or revise their
methodology for determining fees.
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| Contents
|
(2) The notice must
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(a) provide a summary of the proposal;
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(b) provide a justification for the
methodology in relation to the charging
principles;
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(c) indicate that further information about
the proposal is available from the airport
operator on request;
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(d) specify that representations about the
proposal may be sent by mail or electronic
means to the airport operator at the address,
and not later than the date, set out in the
notice, which date must not be earlier than
90 days after the notification is published
under subsection 150(5); and
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(e) indicate the date, time and place for
holding the meetings referred to in
subsections 151(2) and (3).
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| Announceme
nt of
methodology
|
147. (1) The airport operator must, after the
date referred to in paragraph 146(2)(d) and
after considering all representations made
under subsection 151(6), announce its
decision on the methodology for determining
fees.
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| Contents
|
(2) The announcement must
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