Bill C-42
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| Regulations
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(3) The Governor in Council may make
regulations generally for carrying out the
purposes of this section, including regulations
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| Offence
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(4) Every air carrier or person who operates
an aviation reservation system and who fails
to comply with a requirement under
subsection (1) is guilty of an offence
punishable on summary conviction.
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Screenings
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| Designation
of persons to
conduct
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4.84 The Minister may, in writing,
designate persons to conduct screenings.
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| Prohibition -
persons and
goods
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4.85 (1) If an aviation security regulation, a
security measure or an emergency direction
requires a person to be screened, the person
shall not enter or remain in an aircraft or in an
aviation facility or a restricted area of an
aerodrome unless the person permits a
screening, or screenings, to be carried out in
accordance with the regulation, security
measure or emergency direction, as the case
may be, of
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| Prohibition -
conveyances
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(2) If an aviation security regulation, a
security measure or an emergency direction
requires a conveyance to be screened, the
operator of the conveyance shall not allow the
conveyance to enter or remain in an aviation
facility or a restricted area of an aerodrome
unless the operator permits a screening, or
screenings, to be carried out of the
conveyance in accordance with the
regulation, security measure or emergency
direction, as the case may be.
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| Prohibition -
accepting
tendered
goods with
informing of
screening
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(3) If an aviation security regulation, a
security measure or an emergency direction
requires tendered goods to be screened by a
person who accepts goods for transportation
by air, the person shall not accept the goods for
transportation by air unless the person
informs, in accordance with the regulations,
the person tendering the goods that the goods
may be screened.
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| Prohibition
relating to air
carriers
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(4) If an aviation security regulation, a
security measure or an emergency direction
requires a person or goods to be screened, no
air carrier shall transport the person or the
goods unless the person or goods have been
screened in accordance with the regulation,
security measure or emergency direction, as
the case may be.
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| Prohibition
relating to
persons who
accept goods
for transporta- tion
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(5) If an aviation security regulation, a
security measure or an emergency direction
requires goods to be screened by any person
who accepts goods for transportation, the
person shall not tender the goods for
transportation by air unless the person has
screened the goods in accordance with the
regulation, security measure or emergency
direction, as the case may be.
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Air Carrier and Aerodrome Assessments
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| Assessment
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4.86 The Minister may conduct aviation
security assessments outside Canada of air
carriers that operate or intend to operate
flights to Canada or of facilities relating to the
operations of those air carriers.
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Verifying Compliance and Testing
Effectiveness
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| No offence
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4.87 A person authorized by the Minister to
verify compliance with aviation security
regulations, security measures or emergency
directions, or to test the effectiveness of
equipment, systems and processes used with
respect to aircraft, aerodromes and other
aviation facilities, does not commit an offence
if the person commits any act or omission that
is required in the course of any such
verification or testing and that would
otherwise constitute a contravention of an
aviation security regulation, a security
measure or an emergency direction.
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| R.S., c. 33 (1st
Supp.), s. 1
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6. Section 5.1 of the Act is replaced by the
following:
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| Restrictions
and
prohibitions
for safety or
security
purposes
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5.1 The Minister or any person authorized
by the Minister may by notice prohibit or
restrict the operation of aircraft on or over any
area or within any airspace, either absolutely
or subject to any exceptions or conditions that
the Minister or person may specify, if, in the
opinion of the Minister or person, the
prohibition or restriction is necessary for
aviation safety or security or the protection of
the public.
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| R.S., c. 33 (1st
Supp.), s. 1
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7. Section 5.9 of the Act and the heading
before it are replaced by the following:
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General Provisions respecting Regulations, Orders, etc . |
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| Exemption by
Governor in
Council
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5.9 (1) The Governor in Council may make
regulations exempting, on any terms and
conditions that may be specified in the
regulations, any person, aeronautical product ,
aerodrome, facility or service, or any class of
persons, aeronautical products, aerodromes,
facilities or services , from the application of
any regulation or order made under this Part.
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| Exemption by
Minister
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(2) The Minister or an officer of the
Department of Transport authorized by the
Minister for the purpose of this subsection
may, on any terms and conditions that the
Minister or officer, as the case may be,
considers necessary, exempt any person,
aeronautical product , aerodrome, facility or
service, or any class of persons, aeronautical
products, aerodromes, facilities or services ,
from the application of any regulation, order
or security measure made under this Part if the
exemption, in the opinion of the Minister or
officer, as the case may be , is in the public
interest and is not likely to adversely affect
aviation safety or security .
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| Incorporation
by reference
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(3) A regulation, an order, a security
measure or an emergency direction made
under this Part that incorporates by reference
a classification, standard, procedure or other
specification may incorporate it as it is
amended from time to time and in such a case
the reference shall be read accordingly.
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| Prohibition in
regulations or
orders
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(4) A regulation, an order, a security
measure or an emergency direction made
under this Part prohibiting the doing of any act
or thing may prohibit the doing of that act or
thing either at all times and places or only at
specified times, places and occasions, and
may do so either absolutely or subject to any
specified exceptions or conditions.
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| 1992, c. 4,
s. 12
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8. Section 6.2 of the Act is replaced by the
following:
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| Exemption
from
Statutory
Instruments
Act
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6.2 (1) The following are exempt from the
application of subsections 3(1) and 5(1) and
section 11 of the Statutory Instruments Act :
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| Precondition
for
contravention
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(2) No person shall be found to have
contravened any regulation referred to in
paragraph (1)(a), any security measure or
emergency direction or any interim order that
has not been published in the Canada Gazette
under subsection 6.41(4) at the time of the
alleged contravention unless it is proved that,
at the date of the alleged contravention,
reasonable steps had been taken to bring its
purport to the notice of those persons likely to
be affected by it.
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| Certificate
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(3) A certificate purporting to be signed by
the Minister or the Secretary of the
Department of Transport and stating that a
notice containing the regulation, security
measure, emergency direction or interim
order was issued is, in the absence of evidence
to the contrary, proof that reasonable steps
were taken to bring its purport to the notice of
those persons likely to be affected by it.
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| 1992, c. 4,
s. 13
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9. (1) Subsection 6.41(1) of the Act is
replaced by the following:
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| Interim orders
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6.41 (1) The Minister may make an interim
order
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| Authorized
officer may
make interim
order
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(1.1) The Minister may authorize any
officer of the Department of Transport to
make, subject to any restrictions or conditions
that the Minister may specify, an interim order
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| Requirement
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(1.2) An interim order may be made only if
the Minister or officer, as the case may be, is
of the opinion that the making of the interim
order is necessary for aviation safety or the
protection of the public.
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| Consultation
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(1.3) Before making an interim order, the
Minister or officer, as the case may be, must
consult with any person or organization that
the Minister or officer considers appropriate
in the circumstances.
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| 1992, c. 4,
s. 13
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(2) Subsections 6.41(4) to (6) of the Act
are replaced by the following:
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| Publication in
Canada
Gazette
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(4) An interim order must be published in
the Canada Gazette within twenty-three days
after the day on which it is approved.
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| R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 1, s. 5
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10. (1) Subsections 6.9(1) and (2) of the
Act are replaced by the following:
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| Suspension,
etc., if
contravention
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6.9 (1) If the Minister decides to suspend or
cancel a Canadian aviation document on the
grounds that its holder or the owner or
operator of any aircraft, airport or other
facility in respect of which it was issued has
contravened any provision of this Part or of
any regulation, order, security measure or
emergency direction made under this Part, the
Minister shall by personal service or by
registered or certified mail sent to the holder,
owner or operator, as the case may be, at that
person's latest known address notify the
holder, owner or operator of that decision and
of the effective date of the suspension or
cancellation, but no suspension or
cancellation shall take effect earlier than the
date that is thirty days after the notice under
this subsection is served or sent.
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| Contents of
notice
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(2) The notice must be in the form that the
Governor in Council may by regulation
prescribe and must , in addition to any other
information that may be so prescribed,
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| R.S., c. 33 (1st
Supp.), s. 1
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(2) Subsection 6.9(5) of the Act is
replaced by the following:
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| Exception re
stay direction
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(5) No direction of a stay of a suspension or
cancellation shall be made under subsection
(4) if the member of the Tribunal considering
the matter is of the opinion that the stay would
result in a threat to aviation safety or security .
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| R.S., c. 33 (1st
Supp.), s. 1;
1992, c. 1, s. 5
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11. (1) Subsection 7(1) of the Act is
replaced by the following:
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| Suspension
where
immediate
threat to
aviation safety
or security
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7. (1) If the Minister decides to suspend a
Canadian aviation document on the grounds
that an immediate threat to aviation safety or
security exists or is likely to occur as a result
of an act or thing that was or is being done
under the authority of the document or that is
proposed to be done under the authority of the
document , the Minister shall without delay ,
by personal service or by registered or
certified mail sent to the holder of the
document or to the owner or operator of any
aircraft, airport or other facility in respect of
which the document was issued, as the case
may be, at his or her latest known address,
notify the holder, owner or operator of the
Minister's decision.
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| R.S., c. 33 (1st
Supp.), s. 1
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(2) Paragraph 7(2)(a) of the English
version of the Act is replaced by the
following:
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| R.S., c. 33 (1st
Supp.), s. 1
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(3) Subsections 7(7) and (8) of the Act are
replaced by the following:
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| Determina- tion
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(7) The member of the Tribunal conducting
the review may make the following
determination:
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| Request for
reconsideratio
n of
immediate
threat
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(8) If no appeal from a determination
confirming a suspension under subsection (7)
is taken under section 7.2 within the time
limited for doing so under that section or the
Tribunal has, on an appeal under section 7.2,
confirmed the suspension of a Canadian
aviation document under this section, or if the
Minister, after reconsidering the matter under
paragraph 7(7)(a) or 7.2(5)(b), has confirmed
the suspension , the holder of the document or
the owner or operator of any aircraft, airport or
other facility in respect of which the document
was issued may, in writing, request the
Minister to reconsider whether the immediate
threat to aviation safety or security referred to
in subsection (1) that occasioned the
suspension continues to exist or is likely to
occur as described in that subsection.
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| R.S., c. 33 (1st
Supp.), s. 1
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12. (1) Subsection 7.2(1) of the Act is
replaced by the following:
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| Right of
appeal
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7.2 (1) The Minister or any person affected
by the determination of a member of the
Tribunal under subsection 6.9(8) or paragraph
7(7)(b) or any person, other than the Minister,
affected by the determination of a member of
the Tribunal under paragraph 7(7)(a) or
subsection 7.1(8) may, within ten days after
the determination, appeal the determination to
the Tribunal.
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| R.S., c. 33 (1st
Supp.), s. 1
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(2) Paragraphs 7.2(5)(a) and (b) of the
Act are replaced by the following:
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(a) subsection 6.9(8) or paragraph 7(7)(b) ,
by dismissing it or allowing it and in allowing
the appeal the Tribunal may substitute its
decision for the determination appealed
against; or
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| R.S., c. 33 (1st
Supp.), s. 1
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13. Subsection 7.3(3) of the Act is
replaced by the following:
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| Contraven- tion of Part, regulation, etc.
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(3) Except as otherwise provided by this
Part, every person who contravenes a
provision of this Part or of any regulation,
order, security measure or emergency
direction made under this Part is guilty of an
offence punishable on summary conviction.
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| R.S., c. 33 (1st
Supp.), s. 1
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14. Paragraph 7.4(5)(b) of the Act is
replaced by the following:
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15. The Act is amended by adding the
following after section 7.4:
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| Prohibition -
unruly or
dangerous
behaviour
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7.41 (1) No person shall engage in any
behaviour that endangers the safety or security
of an aircraft in flight or of persons on board
an aircraft in flight by intentionally
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| Punishment
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(2) Every person who commits an offence
under subsection (1) is liable
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