Bill C-20

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Royal Assent

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Fine	(3) For the purposes of subsections (1) and (2), the fine for each day or part of a day the offence continues is
	(a) $100,000, in the case of the Corporation or a trade union;
	(b) $50,000, in the case of a person acting in the capacity of an officer or representative of the Corporation or of a trade union when the offence was committed; or
	(c) $5,000, in any other case.
Trade unions	(4) For the purposes of this section, a trade union is deemed to be a person.
No imprison- ment	93. Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under this Act.
Recovery of fines	94. Where a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.
Certificate as evidence	95. If in any proceedings under this Act a question arises as to
	(a) whether an asset is a designated civil air navigation services asset,
	(b) whether civil air navigation services were provided by the Department of Transport before the transfer date, or
	(c) the amount of any charge that was imposed immediately before the transfer date for the provision of civil air navigation services by the Minister,
	a certificate purporting to have been issued by or under the authority of the Minister stating any fact relevant to the question shall be received and is admissible in evidence in those proceedings without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the fact so stated.
	PART VII
	GENERAL
	Official Languages
Official Languages Act applies	96. The Official Languages Act applies to the Corporation as if it were a federal institution.
	Authority to Provide Services
Authority to provide services	97. Where a department or other portion of the public service of Canada specified in Schedule I to the Public Service Staff Relations Act is authorized to provide services to any other department or other portion of the public service of Canada specified in that Schedule, it may enter into an agreement to provide those services to the Corporation if it considers it appropriate to do so.
	PART VIII
	FINANCIAL ARRANGEMENTS
Transition period payments	98. (1) The Minister may enter into an agreement with the Corporation regarding transition period payments by Her Majesty in right of Canada to the Corporation collateral to the transfer, by sale, lease or otherwise, authorized by section 7.
Appropria- tion	(2) There is hereby appropriated the sum of $1,440,000,000 to be paid out of the Consolidated Revenue Fund from time to time as required for the purposes of subsection (1).
Lapsing	(3) The appropriation referred to in subsection (2) lapses two years after the transfer date.
	PART IX
	RELATED, CONSEQUENTIAL AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE
	Related and Consequential Amendments
R.S., c. A-2	Aeronautics Act
	*99. Subsection 3(1) of the Aeronautics Act* is amended by adding the following in alphabetical order:**
``ANS Corporation'' « société »	``ANS Corporation'' means NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act;
``air navigation services'' « services de navigation aérienne »	``air navigation services'' has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act;
``air traffic control services'' « services de contrôle de la circulation aérienne »	``air traffic control services'' has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act;
``civil air navigation services'' « services de navigation aérienne civile »	``civil air navigation services'' has the same meaning as in subsection 2(1) of the Civil Air Navigation Services Commercialization Act;
	100. The Act is amended by adding the following after section 4.4:
Civil air navigation services	4.41 (1) No order or regulation may be made under this Part that has the effect of imposing charges for civil air navigation services.
Minister of National Defence	(2) No order or regulation may be made under this Part that has the effect of imposing charges for air navigation services provided by or on behalf of the Minister of National Defence if
	(a) the charges are for services referred to in subsection 10(1) of the Civil Air Navigation Services Commercialization Act; or
	(b) the charges are for services that are similar to services that the ANS Corporation provides and charges for in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.
	101. The Act is amended by adding the following after section 4.9:
Regulations	4.91 (1) The Governor in Council may make regulations authorizing the Minister to make orders directing the ANS Corporation to maintain or increase the level of civil air navigation services it provides in accordance with such terms and conditions as may be specified in the orders.
Order must relate to safety	(2) The Minister may make an order under subsection (1) only if the Minister is of the opinion that the order is necessary for aviation safety or the safety of the public.
No compensation	(3) The ANS Corporation is not entitled to financial compensation for any financial losses that result or may result from the Minister making an order under subsection (1).
Exemption	(4) An order under subsection (1) is exempt from examination, registration or publication under the Statutory Instruments Act.
	102. Section 5 of the Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):
	(c) requiring persons providing aeronautical radio navigation services, within the meaning of subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to subscribe for and carry liability insurance and specifying the minimum amount of that insurance.
	103. Section 7.3 of the Act is amended by adding the following after subsection (5):
Punishment - ANS Corporation	(5.1) Notwithstanding subsection (5), where the ANS Corporation is convicted of contravening an order made under subsection 4.91(1), the ANS Corporation is liable to a fine not exceeding $25,000 for each day or part of a day the offence continues.
R.S., c. E-15	Excise Tax Act
	*104. The Excise Tax Act* is amended by adding the following after section 16:**
Elimination of air transporta- tion tax	16.1 No tax shall be imposed, levied or collected on any amount paid or payable for the transportation of a person that
	(a) in the case of tax imposed under subsection 10(1) or 12(1), begins on or after the second anniversary of the transfer date within the meaning of the Civil Air Navigation Services Commercialization Act; or
	(b) in the case of tax imposed under subsection 10(2) or 12(2), includes an emplanement at an airport in Canada on or after the second anniversary of the transfer date within the meaning of the Civil Air Navigation Services Commercialization Act on a specific flight having as a destination an airport outside Canada and a subsequent deplanement by the person at an airport outside Canada.
	105. Section 17 of the Act is amended by adding the following after subsection (3):
Application	(4) Subsection (1) applies only in respect of a certified air carrier that provides air transportation before the second anniversary of the transfer date within the meaning of the Civil Air Navigation Services Commercialization Act.
	106. Section 20 of the Act is amended by adding the following after subsection (2):
Cessation of obligation	(2.1) No return is required under subsection (2) if the last preceding month is a month that is more than twenty-four months after the transfer date within the meaning of the Civil Air Navigation Services Commercialization Act.
	Conditional Amendments
Bill C-25	107. If Bill C-25, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting regulations and other documents, including the review, registration, publication and parliamentary scrutiny of regulations and other documents, and to make consequential and related amendments to other Acts is assented to, then
	(a) on the later of the day on which section 1 of that Act comes into force and the day on which section 26 of this Act comes into force, section 26 of this Act is replaced by the following:
Not regulation	26. A direction is exempt from the application of the regulatory process under the Regulations Act.
	(b) on the later of the day on which section 1 of that Act comes into force and the day on which subsection 4.91(4) of the Aeronautics Act, as enacted by section 101 of this Act, comes into force, subsection 4.91(4) of the Aeronautics Act is replaced by the following:
Not regulation	(4) An order under subsection (1) is exempt from the application of the regulatory process under the Regulations Act.
Bill C-14	108. If Bill C-14, introduced in the second session of the thirty-fifth Parliament and entitled An Act to continue the National Transportation Agency as the Canadian Transportation Agency, to consolidate and revise the National Transportation Act, 1987 and the Railway Act and to amend or repeal other Acts as a consequence is assented to, then
	(a) on the later of the day on which subsection 7(1) of that Act comes into force and the day on which subsection 2(1) of this Act comes into force, the definition ``Agency'' in subsection 2(1) of this Act is replaced by the following:
``Agency'' « Office »	``Agency'' means the Canadian Transportation Agency continued by subsection 7(1) of the Canada Transportation Act.
	(b) on the later of the day on which sections 4, 24, 25.1, 26, 27, 28, 29, 32, 34, 37, 40, 41 and 43 of that Act come into force and the day on which section 54 of this Act comes into force, section 54 of this Act is replaced by the following:
Canada Transporta- tion Act	54. Sections 4, 24, 25.1, 26, 27, 28, 29, 32, 34, 37, 40, 41 and 43 of the Canada Transportation Act do not apply in respect of this Act.
	Coming into Force
Coming into force	109. Sections 11, 13 and 100 come into force on the transfer date.