Bill C-27

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	2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
	House of Commons of Canada
	BILL C-27
	An Act respecting airport authorities and other airport operators and amending other Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Canada Airports Act.
	INTERPRETATION
Definitions	2. (1) The following definitions apply in this Act.
``aeronautical fee'' « redevance aéronautique »	``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.
``Agency'' « Office »	``Agency'' means the Canadian Transportation Agency referred to in subsection 7(1) of the Canada Transportation Act.
``air carrier'' « transporteur aérien »	``air carrier'' means the operator of an aircraft whose services are publicly available for the transportation of passengers or goods.
``airport'' « aéroport »	``airport'' means
	(a) in the case of an airport authority, the airport set out in Part 1 or 2 of Schedule 1 opposite its name; and
	(b) in the case of an airport operator other than an airport authority, the airport owned or operated by the operator.
``airport authority'' « administrati on aéroportuaire »	``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.
``airport operator'' « exploitant d'aéroport »	``airport operator'' means
	(a) an airport authority;
	(b) the Government of Yukon, the Northwest Territories and Nunavut, in respect of the airport it owns in Whitehorse, Yellowknife and Iqaluit, respectively;
	(c) a person set out in column 1 of Schedule 2; and
	(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.
``airport undertaking'' « entreprise aéroportuaire »	``airport undertaking'' means a business consisting of the operation, management, maintenance and development of an airport.
``airside and terminal facilities and services'' « installations et services de l'aérogare et du côté piste »	``airside and terminal facilities and services'' means facilities and services that are provided by or on behalf of an airport operator in respect of
	(a) the landing, taking off, movement or parking of aircraft;
	(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
	(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.
``complement ary activities'' « activités complémentai res »	``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:
	(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;
	(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'';
	(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;
	(d) the provision of consulting or training services;
	(e) the licensing of a patent, copyright, industrial design, trade-mark or other similar property right developed by an airport authority;
	(f) the construction, operation or management of elements of a public transportation system on the airport; and
	(g) any other activity respecting an airport undertaking designated by the Minister.
``essential activities'' « activités essentielles »	``essential activities'' means
	(a) the provision in respect of an airport set out in Part 1 or 2 of Schedule 1 of
	(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,
	(ii) facilities for the parking of aircraft on the apron in the vicinity of an air terminal building,
	(iii) facilities for the movement of persons between an aircraft and an air terminal building and between air terminal buildings,
	(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),
	(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
	(vi) facilities for the parking of motor vehicles by passengers using an air terminal building;
	(b) the operation, management, maintenance and development of the facilities, buildings or road network referred to in paragraph (a); and
	(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.
``fee'' « redevance »	``fee'' means an aeronautical fee or a passenger fee or both.
``financial requirements'' « obligations financières »	``financial requirements'' means the amount of money that an airport operator must generate to remain financially self-sufficient, in their opinion.
``fiscal year'' « exercice »	``fiscal year'' means, in respect of airport authorities, the calendar year.
``major capital program'' « programme d'immobilisati ons d'importance »	``major capital program'' means a program implemented over a period of 10 years or less that
	(a) consists of one or more projects for the construction, replacement or improvement of the following on an airport:
	(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,
	(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,
	(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,
	(iv) an air terminal building, including facilities that support its operation,
	(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,
	(vi) elements of a public transportation system that are on the airport,
	(vii) facilities for the parking or rental of motor vehicles,
	(viii) facilities for airport security,
	(ix) fire-fighting facilities and aircraft fire-fighting vehicles,
	(x) maintenance garages,
	(xi) snow-clearing vehicles and equipment, and
	(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
	(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.
``Minister'' « ministre »	``Minister'' means the Minister of Transport.
``officer'' « dirigeant »	``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.
``passenger fee'' « redevance passagers »	``passenger fee'' means a charge imposed on passengers for their use of airside and terminal facilities and services.
``selecting body'' « organisme de sélection »	``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).
``slot'' « créneau »	``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.
``subsidiary'' « filiale »	``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.
``transfer date'' « date de transfert »	``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.
``Tribunal'' « Tribunal »	``Tribunal'' means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.
``user'' « usager »	``user'' means a passenger, an air carrier or another operator of an aircraft.
Meaning of ``related persons''	(2) For the purposes of this Act, persons are related persons if
	(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;
	(b) one is a director or officer of the other;
	(c) they are a director or an officer of the same for-profit entity;
	(d) they are partners; or
	(e) one is the employer of the other.
Order of the Governor in Council	(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.

Bill C-27

BILL C-27

SHORT TITLE

INTERPRETATION