Bill C-27

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First Reading

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	(a) set out the airport operator's methodology for determining fees;
	(b) provide a justification for the methodology in relation to the charging principles;
	(c) provide a summary of all representations made under subsection 151(6); and
	(d) identify any parts of the methodology that differ substantially from those representations and explain the reasons for the difference.
	Establishment and Revision of Fees
Notice	148. (1) Airport operators must give notice of any proposal to establish or increase a fee.
Presumption	(2) Subject to subsection (3), any change in the dollar amount or unit of measurement of the fee is deemed to be the establishment of a fee.
Bringing aeronautical fee into effect	(3) A notice given after the second calendar year after the day on which this section comes into force, or after the airport operator's becoming subject to the application of this Part, may provide that an aeronautical fee to which the notice refers
	(a) may be brought into effect in stages over a period not greater than three years; or
	(b) may be adjusted within six months after it is established or revised, by application of a formula that is set out in the notice and is consistent with the operator's methodology.
Announceme nt of adjustment to fee	(4) The airport operator must announce an adjustment in a fee under paragraph (3)(b). Notwithstanding subsection 153(1), the adjustment may not be appealed.
Deeming provision	(5) The continued imposition of a passenger fee beyond the date for its termination referred to in subparagraph (7)(a)(iv) resulting from the expansion of projects within or the addition of projects to a major capital program, infrastructure covered by an agreement referred to in paragraph 50(2)(c) or a program designated under section 176 is deemed to be the establishment of a fee if the expansion or addition increases the capital costs to a level greater than 110% of the initial capital costs.
Contents	(6) The notice must
	(a) provide a summary of the proposal;
	(b) provide a justification of the proposal in relation to the charging principles;
	(c) indicate that further information about the proposal is available from the airport operator on request;
	(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 60 days after the notification is published under subsection 150(5); and
	(e) indicate the date, time and place for holding the meetings referred to in subsections 151(2) and (3).
Passenger fee notices	(7) A notice of a proposal in respect of a passenger fee must also
	(a) describe the major capital program or infrastructure covered by an agreement referred to in paragraph 50(2)(c) for which the revenues from the fee are to be used and, in a manner that in the opinion of the airport operator is reasonable and prudent,
	(i) estimate the capital cost,
	(ii) estimate the time frame for the construction of projects and the target date for putting them into use,
	(iii) explain how the fee relates to the funding of the program, including debt financing, and
	(iv) describe the circumstances under which the fee will no longer be required and estimate when it may be terminated; or
	(b) in respect of an airport that had fewer than 400,000 enplaned and deplaned passengers during each of the three calendar years before establishing the fee, identify the purpose for which the revenues from the fee are to be used if they are to be used for a purpose other than a major capital program or infrastructure covered by an agreement referred to in paragraph 50(2)(c) at that airport.
Prohibition	(8) Notwithstanding subsection (1), the airport operator may not, at any time after the second calendar year after the day on which this section comes into force or after their becoming subject to the application of this Part, give notice of any proposal to establish or increase a fee if any fee has been declared by the Agency under subsection 174(2), or is deemed under section 175, not to be in compliance with the charging principles.
Exception	(9) Subsection (8) does not apply to a notice of a proposal to revise a fee in order to bring it into compliance with the charging principles.
Announceme nt of fee	149. (1) After considering all representations made under subsection 151(6), the airport operator must announce its decision in respect of the proposal.
Contents	(2) The announcement must
	(a) set out the decision of the airport operator in respect of the proposal and the reasons for the decision;
	(b) set out the fee and, in the case of an aeronautical fee, the date, if any, for it to take effect;
	(c) provide a summary of all representations made under subsection 151(6);
	(d) identify any parts of the airport operator's decision that differ substantially from those representations and explain the reasons for the difference; and
	(e) indicate that the fee may be appealed to the Agency in accordance with sections 153 to 157.
Announceme nt of passenger fee	(3) An announcement in respect of a passenger fee must also contain the information referred to in subsection 148(7).
Timing of announcemen t	(4) The announcement may not be made before the closing date for representations referred to in paragraph 148(6)(d).
Announceme nt of reduction of fee	(5) The airport operator must announce a reduction in a fee.
	Procedure for Notices and Announcements
Notices and announcemen ts	150. (1) Airport operators must give notices under subsections 146(1), 148(1) and 176(1) and section 178 and must make announcements under subsections 147(1), 148(4) and 149(1) and (5), section 167 and subsection 172(1) in accordance with this section.
Mail or electronic means	(2) The airport operator must send, by mail or electronic means, a copy of the notice or announcement to
	(a) air carriers operating on the airport;
	(b) organizations representing air carriers operating on the airport;
	(c) in the case of an aeronautical fee, any tenant on the airport who is subject to the fee or whose customers are subject to the fee;
	(d) organizations representing other users whose members are likely, in the opinion of the airport operator, to be affected by the notice or announcement;
	(e) every person who has, at least 10 days before the notice or announcement is sent, notified the airport operator of their desire to receive notices or announcements respecting fees; and
	(f) in the case of an announcement, every person who has made representations under subsection 151(6) in respect of the notice to which the announcement relates.
Internet	(3) The airport operator must make an electronic version of the notice or announcement available on its Internet site, if it has one.
Posting of passenger fees in terminal building	(4) The airport operator must also post a copy of notices and announcements respecting passenger fees in prominent places in every air terminal building on the airport.
Newspaper	(5) The airport operator must then publish in each daily newspaper published and circulated in the largest municipality served by the airport - or, if there is no daily newspaper, in each weekly newspaper - a notification indicating that a copy of each notice or announcement is available on its Internet site, if it has one, or from the airport operator on request. In the case of the establishment or revision of a passenger fee, the notification must be published at least twice.
	Consultations and Representations
Information	151. (1) Every airport operator must provide, on request, information that would reasonably assist any person in understanding a proposal to establish or revise their methodology or a fee and in making representations about the proposal.
Meeting with air carriers	(2) The airport operator must write to the air carriers operating on the airport, inviting them to a meeting to be held at least 30 days before the closing date for representations referred to in paragraph 146(2)(d) or 148(6)(d), as the case may be, to explain the proposal and answer questions and obtain their views about it.
Public meeting	(3) If the proposal is to establish or increase a passenger fee, the airport operator must also, at least 30 days before the closing date for representations, hold a public meeting in order to explain the proposal, answer questions and obtain the views of those present at the meeting about it.
Meeting on methodology	(4) If the proposal is to establish the methodology for determining fees and a carrier operating on the airport requests a meeting further to the meeting referred to in subsection (2), the airport operator must invite the chief executive officer of every air carrier operating on the airport and other officers to a meeting, to be held before the closing date for representations, with the chairperson and chief executive officer of the airport operator or, if there is no chairperson or chief executive officer, with the principal administrator.
Minutes	(5) The airport operator must keep minutes of meetings held under subsections (2) to (4).
Representatio ns	(6) Any representations about the proposal must be sent by mail or by electronic means to the airport operator at the address, and not later than the closing date for representations, referred to in paragraph 146(2)(d) or 148(6)(d), as the case may be.
	Effective Date of Fees
Aeronautical fee in effect	152. (1) An airport operator may not bring an aeronautical fee into effect before the expiry of 10 days after the day on which the operator has met the requirements of subsection 150(5).
Passenger fee in effect	(2) An airport operator may not bring a passenger fee into effect before the day of the expiry of the appeal period referred to in subsection 157(1), if there are no appeals, or the day that the Agency has dismissed all appeals in respect of the fee.
Notice	(3) The airport operator must give notice of the day on which a fee is to take effect, unless that day was already announced under section 149, by
	(a) sending a notice to all persons and organizations referred to in subsection 150(2);
	(b) making a copy of the notice available on its Internet site, if it has one; and
	(c) in the case of a passenger fee, posting a copy of the notice in prominent places in every air terminal building on the airport.
	Appeals
Grounds of appeal	153. (1) New or increased fees may be appealed to the Agency on the ground that the airport operator has not complied with
	(a) a charging principle; or
	(b) a requirement under any of sections 148 to 152.
Exception	(2) There is no appeal with respect to new or increased fees that are established after the coming into force of this section and before the date of the announcement referred to in subsection 172(1).
Aeronautical fees	154. (1) An aeronautical fee may be appealed by any user who is subject to it.
Passenger fees	(2) A passenger fee may be appealed by any individual or air carrier.
Filing of appeal	155. The appellant must file the appeal in writing with the Agency, setting out the grounds for appeal, and send a copy to the airport operator on the day on which it is filed.
Limitation	156. An appeal on the ground that the airport operator did not comply with a charging principle may be made only if
	(a) the appellant has sent a written representation referred to in paragraph 148(6)(d) on the same issue; or
	(b) the fee announced by the airport operator under section 149 is higher than the fee described in the notice for the fee, or is based on a different unit of measurement.
Time limit	157. (1) Subject to subsections (2) and (3), the appeal must be made within 30 days after the day on which the airport operator meets the requirements of subsection 150(5).
No notice	(2) If no notice has been given under section 148 but an announcement has been made under section 149 in respect of a fee, the fee may be appealed within 180 days after the day on which the airport operator meets the requirements of subsection 150(5).
No announcemen t	(3) If no announcement has been made in accordance with subsections 149(1) to (4) in respect of a fee, the fee may be appealed at any time.
Filing with Agency	(4) If an appeal is made, the Agency may require the airport operator to file with the Agency a copy of every notice and announcement respecting the fee being appealed and a list of the persons and organizations to whom they were sent and to certify in writing that the requirements of subsections 150(2) to (5) have been met.
Effect of appeal of aeronautical fee	158. In the case of an appeal of an aeronautical fee, the Agency may not make an order that prevents the fee from taking effect, or that suspends it, pending the decision of the appeal.
Order - aeronautical fees in certain cases	159. (1) In the case of an aeronautical fee that takes effect pending the decision of the appeal, if the Agency decides that the airport operator has not complied with a charging principle, has given none of the notices, has made none of the announcements or has not held a meeting as required by subsection 151(2), the Agency must
	(a) if it is a new fee, order the airport operator to cancel it and to refund to users the amounts paid by them; or
	(b) if it is an increased fee, order the airport operator to cancel it, to re-establish the previous fee and refund to each user who paid the fee the amount, if any, collected in excess of the re-established fee.
Order in other cases	(2) In the case of a passenger fee or an aeronautical fee that does not take effect pending the decision of the appeal, if the Agency decides that the airport operator has not complied with a charging principle, has given none of the notices, has made none of the announcements or has not held a meeting as required by subsection 151(2) or (3), the Agency must order that the proposal to increase the fee be cancelled or, if it is a new fee, that the fee be cancelled.
Discretion of Agency	(3) If the Agency decides that a requirement in sections 148 to 152 has not been complied with in respect of a new or increased fee, the Agency may make any order that it considers appropriate in the circumstances, having regard to the seriousness of the non-compliance.
Manner of refund	(4) If the airport operator is ordered to refund an amount, it may do so by way of credit or payment to the user.
Crediting amounts	(5) Each time a user who is entitled to a refund under an order of the Agency is charged by the airport operator, the airport operator must credit the user with the full amount of the charge until the entire amount owing to the user is refunded.
Six-month maximum	(6) The airport operator must refund the entire amount owing to each user within six months after the date of the Agency's order.
Notice to Agency	(7) The airport operator must send the Agency a notice as soon as the entire amount owing has been refunded.
Joining of appeals	160. The Agency may join two or more appeals.

Bill C-27

Establishment and Revision of Fees

Procedure for Notices and Announcements

Consultations and Representations

Effective Date of Fees

Appeals