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2nd Session, 37th Parliament,
51-52 Elizabeth II, 2002-2003
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House of Commons of Canada
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BILL C-27
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An Act respecting airport authorities and other
airport operators and amending other
Acts
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| Short title
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1. This Act may be cited as the Canada
Airports Act.
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| Definitions
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2. (1) The following definitions apply in
this Act.
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``aeronautical
fee''
« redevance
aéronautique
»
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``aeronautical fee'' means a charge imposed
on air carriers or other operators of an
aircraft for their use of airside and terminal
facilities and services.
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``Agency''
« Office »
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``Agency'' means the Canadian
Transportation Agency referred to in
subsection 7(1) of the Canada
Transportation Act.
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``air carrier''
« transporteur
aérien »
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``air carrier'' means the operator of an aircraft
whose services are publicly available for
the transportation of passengers or goods.
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| ``airport''
« aéroport »
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``airport'' means
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(a) in the case of an airport authority, the
airport set out in Part 1 or 2 of Schedule
1 opposite its name; and
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(b) in the case of an airport operator other
than an airport authority, the airport
owned or operated by the operator.
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``airport
authority''
« administrati
on
aéroportuaire
»
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``airport authority'' means an airport operator
referred to in paragraph (a) of the definition
``airport operator'' and set out in Part 1 or
2 of Schedule 1.
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``airport
operator''
« exploitant
d'aéroport »
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``airport operator'' means
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(a) an airport authority;
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(b) the Government of Yukon, the
Northwest Territories and Nunavut, in
respect of the airport it owns in
Whitehorse, Yellowknife and Iqaluit,
respectively;
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(c) a person set out in column 1 of
Schedule 2; and
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(d) a person, who is not referred to in
paragraphs (a) to (c), who owns an airport
in Canada that had an average of at least
200,000 enplaned and deplaned
passengers per year, during the three
previous calendar years.
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``airport
undertaking''
« entreprise
aéroportuaire
»
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``airport undertaking'' means a business
consisting of the operation, management,
maintenance and development of an
airport.
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``airside and
terminal
facilities and
services''
« installations
et services de
l'aérogare et
du côté piste »
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``airside and terminal facilities and services''
means facilities and services that are
provided by or on behalf of an airport
operator in respect of
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(a) the landing, taking off, movement or
parking of aircraft;
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(b) the enplaning or deplaning of persons,
including their movement between an
aircraft and an air terminal building or
through the air terminal building, except
facilities that are leased to an air carrier
or to a person who provides services to an
air carrier; and
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(c) the loading or unloading of baggage
or cargo on or off aircraft, including
facilities and services provided to
process baggage or cargo in the air
terminal building or in any other building
in which cargo is handled, except
facilities that are leased to an air carrier
or to a person whose main activity is the
transportation of cargo.
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``complement
ary activities''
« activités
complémentai
res »
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``complementary activities'' means the
following activities, other than essential
activities, in respect of an airport set out in
Part 1 or 2 of Schedule 1:
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(a) the provision, directly or indirectly, of
facilities, goods or services to persons
using the facilities or air terminal
building referred to in subparagraphs
(a)(i) to (iv) of the definition ``essential
activities'' or to persons working on the
airport;
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(b) the development of lands on the
airport or the construction of buildings,
facilities or infrastructure on those lands
for persons using the facilities or air
terminal building referred to in
subparagraphs (a)(i) to (iv) of the
definition ``essential activities'';
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(c) the development of lands that are
identified in an airport authority's land
use plan as unnecessary for essential
activities in the future and the
construction of buildings, facilities or
infrastructure on those lands;
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(d) the provision of consulting or training
services;
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(e) the licensing of a patent, copyright,
industrial design, trade-mark or other
similar property right developed by an
airport authority;
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(f) the construction, operation or
management of elements of a public
transportation system on the airport; and
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(g) any other activity respecting an
airport undertaking designated by the
Minister.
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``essential
activities''
« activités
essentielles »
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``essential activities'' means
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(a) the provision in respect of an airport
set out in Part 1 or 2 of Schedule 1 of
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(i) facilities for the landing, taking off
or movement of aircraft, except
facilities for de-icing or fuelling
aircraft, facilities approved by the
Minister under paragraph 54(1)(b) or
facilities provided by the Corporation,
as defined in subsection 2(1) of the
Civil Air Navigation Services
Commercialization Act, or by a person
in accordance with subsection 10(2) of
that Act,
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(ii) facilities for the parking of aircraft
on the apron in the vicinity of an air
terminal building,
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(iii) facilities for the movement of
persons between an aircraft and an air
terminal building and between air
terminal buildings,
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(iv) an air terminal building and the
facilities within that building for the
movement of persons and their
baggage between the facilities referred
to in subparagraph (iii) and the road
network referred to in subparagraph
(v),
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(v) the road network on the airport
between the public road network and
an air terminal building or any facility
on the airport to which the public has
access, and
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(vi) facilities for the parking of motor
vehicles by passengers using an air
terminal building;
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(b) the operation, management,
maintenance and development of the
facilities, buildings or road network
referred to in paragraph (a); and
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(c) the administration of lands, buildings
and facilities that the airport authority
owns or leases from another person,
including granting rights to occupy or use
them.
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``fee''
« redevance »
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``fee'' means an aeronautical fee or a
passenger fee or both.
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``financial
requirements''
« obligations
financières »
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``financial requirements'' means the amount
of money that an airport operator must
generate to remain financially
self-sufficient, in their opinion.
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``fiscal year''
« exercice »
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``fiscal year'' means, in respect of airport
authorities, the calendar year.
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``major capital
program''
« programme
d'immobilisati
ons
d'importance
»
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``major capital program'' means a program
implemented over a period of 10 years or
less that
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(a) consists of one or more projects for
the construction, replacement or
improvement of the following on an
airport:
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(i) facilities for the landing, taking off
and movement of aircraft, except any
facilities provided by the Corporation,
as defined in subsection 2(1) of the
Civil Air Navigation Services
Commercialization Act, or by a person
in accordance with subsection 10(2) of
that Act,
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(ii) facilities for the fuelling, de-icing,
servicing, maintenance and parking of
aircraft on the apron in the vicinity of
an air terminal building, as well as the
movement of vehicles and pedestrians
necessary for those purposes,
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(iii) facilities for the movement of
persons or baggage between an aircraft
and an air terminal building, between
air terminal buildings or between an
air terminal building and any facility
on the airport to which the public has
access,
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(iv) an air terminal building, including
facilities that support its operation,
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(v) the road network between the
public road network and an air
terminal building or any facility on the
airport to which the public has access,
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(vi) elements of a public transportation
system that are on the airport,
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(vii) facilities for the parking or rental
of motor vehicles,
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(viii) facilities for airport security,
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(ix) fire-fighting facilities and aircraft
fire-fighting vehicles,
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(xi) snow-clearing vehicles and
equipment, and
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(xii) any facility, building or road
network that must be altered, removed
or rebuilt in order to construct a thing
referred to in subparagraphs (i) to (x);
and
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(b) has a total estimated capital cost,
including interest, that exceeds 50% of
the airport operator's annual revenue
from the airport for the year preceding
the start of the construction, replacement
or improvement, or $25 million,
whichever is the lesser.
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| ``Minister''
« ministre »
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``Minister'' means the Minister of Transport.
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``officer''
« dirigeant »
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``officer'' means the person who acts as chief
executive officer of an airport authority or
other entity and any other person who is
designated as an officer by the board of the
authority or entity.
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``passenger
fee''
« redevance
passagers »
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``passenger fee'' means a charge imposed on
passengers for their use of airside and
terminal facilities and services.
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``selecting
body''
« organisme
de sélection »
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``selecting body'' means any person or entity
that appoints a director under subsection
63(2) or (3) or nominates a director under
subsection 63(4) or (5).
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``slot''
« créneau »
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``slot'' means a period that is allocated to any
person during which an aircraft operated by
that person is authorized to land at or take
off from an airport.
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``subsidiary''
« filiale »
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``subsidiary'' means any corporation of which
an airport authority holds more than 50% of
the shares, either directly or through one or
more other corporations of which it holds
more than 50% of the shares.
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``transfer
date''
« date de
transfert »
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``transfer date'' means the date set out in Part
1 or 2 of Schedule 1 on which the Minister
transferred to the airport authority opposite
that date the management, operation and
maintenance of the airport opposite that
date.
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| ``Tribunal''
« Tribunal »
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``Tribunal'' means the Transportation Appeal
Tribunal of Canada established by
subsection 2(1) of the Transportation
Appeal Tribunal of Canada Act.
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``user''
« usager »
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``user'' means a passenger, an air carrier or
another operator of an aircraft.
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| Meaning of
``related
persons''
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(2) For the purposes of this Act, persons are
related persons if
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(a) they are individuals connected by blood
relationship, marriage, common-law
partnership or adoption within the meaning
of subsection 251(6) of the Income Tax Act;
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(b) one is a director or officer of the other;
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(c) they are a director or an officer of the
same for-profit entity;
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(d) they are partners; or
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(e) one is the employer of the other.
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| Order of the
Governor in
Council
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(3) The Governor in Council may, by order,
amend the definition ``major capital
program'' in subsection (1) by prescribing a
higher limit than the $25 million referred to in
paragraph (b) of that definition.
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