Bill C-27

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

First Reading

PDF

	APPLICATION OF ACT
Binding on Her Majesty	3. This Act is binding on Her Majesty in right of Canada or a province.
Military airports	4. This Act does not apply in respect of airports operated under the authority of the Minister of National Defence.
Amendment of Schedule 1	5. (1) The Governor in Council may, by order, amend Parts 1 and 2 of Schedule 1 by
	(a) adding or deleting the name of an airport authority;
	(b) adding or deleting the name of an airport; and
	(c) adding or deleting a transfer date.
Amendment of Schedule 2	(2) The Governor in Council may, by order, amend Schedule 2 by
	(a) adding or deleting the name of an airport operator; and
	(b) adding or deleting the name of an airport.
Inconsistency between leases and Act	6. Nothing in this Act derogates from the rights and obligations under a lease of an airport granted by any person, including Her Majesty in right of Canada, to an airport operator, as the lease read on the coming into force of this section, except to the extent that those rights and obligations are inconsistent with this Act.
	NATIONAL AIRPORTS POLICY
Declaration	7. It is hereby declared that it is in the public interest that there be a national network of airports in Canada that are operated in a manner that
	(a) is safe, secure, efficient, economically sustainable, transparent and environmentally responsible;
	(b) provides airport facilities and services that respond effectively to the needs of users;
	(c) provides equitable access for air carriers to airside and terminal facilities and services;
	(d) recognizes local and regional interests through the activities and governance structures of airport operators;
	(e) provides opportunities for users and the public to express their views on matters respecting airport operations, airport development and fees;
	(f) permits Canada to meet its international obligations referred to in section 17; and
	(g) recognizes the role played by airports in linking the air transportation system to other modes of transportation.
	PART 1
	ROLES, POWERS AND OBLIGATIONS
	Minister's Role and Powers
Role of Minister	8. The role of the Minister is to protect the public interest in respect of airports, in a manner consistent with the national airports policy, including
	(a) monitoring the operation of the national network of airports;
	(b) protecting federal real property and federal immovables leased to airport operators; and
	(c) promoting good corporate governance by airport authorities.
Audit	9. (1) The Minister may at any time audit or review, or cause to be audited or reviewed, the business and affairs of an airport authority.
Powers of auditor or reviewer	(2) The person conducting the audit or review has all the powers of an inspector under this Act.
Delegation in writing	10. No person other than the Minister, or a person expressly authorized by name or position in writing by the Minister, may exercise any of the Minister's powers under this Act.
Non-derogati on	11. Nothing in this Act derogates from the powers conferred on the Minister under any other Act of Parliament.
Ministerial directions not statutory instruments	12. (1) A direction made by the Minister under this Act is not a statutory instrument within the meaning of the Statutory Instruments Act.
Ministerial directions final	(2) A direction made by the Minister is final and may not be questioned or reviewed in any court.
No action for damages	(3) No action for damages may be brought in respect of any measures taken pursuant to a direction made by the Minister.
Terms and conditions	(4) The Minister may issue any direction under this Act subject to the terms and conditions that the Minister considers appropriate.
Review of Act	13. A review of the provisions and operation of this Act must be completed by the Minister after the fifth year after this Act is assented to. A report of the results of the review must be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.
	Emergency Orders
Power to remedy extraordinary disruptions	14. (1) The Governor in Council may, by order, take any steps or direct an airport operator or any other person to take any steps that the Governor in Council considers essential to protect critical airport infrastructure, if the Governor in Council is of the opinion that
	(a) an extraordinary disruption to the effective continued operation of airports exists or is imminent, other than a labour disruption;
	(b) failure to act under this section would be contrary to the interests of users or the public; and
	(c) no other provision of this Act or of any other Act of Parliament is sufficient and appropriate to remedy the disruption and counter the actual or anticipated damage caused by it.
Order is temporary	(2) An order made under this section has effect for no more than 90 days after it is made.
Renewal of order	(3) The Governor in Council may renew the order for one further period of 90 days.
Reference to Parliament	(4) The Minister must cause any order made under this section to be laid before both Houses of Parliament within seven sitting days after the order is made.
Reference to standing committee	(5) Every order laid before Parliament under subsection (4) must be referred for review to the standing committee designated by Parliament for the purpose.
Resolution of Parliament repealing order	(6) If a resolution directing that an order made under this section be repealed is adopted by both Houses of Parliament before the expiry of the 30 sitting days of Parliament after the order is laid before both Houses, the order ceases to have effect on the day on which the resolution is adopted or, if the adopted resolution specifies a day on which the order will cease to have effect, on that specified day.
Orders not statutory instruments	(7) An order made by the Governor in Council under this section is not a statutory instrument within the meaning of the Statutory Instruments Act.
Definition of ``critical airport infrastructure' '	(8) In this section, ``critical airport infrastructure'' means the facilities, services, property and information systems that support the operation of airports and that are essential to the health, safety, security and economic well-being of Canadians or to the effective functioning of one or more governments in Canada.
	Role of Airport Operators
Role	15. The role of airport operators is to operate their airports in a manner consistent with the national airports policy and this Act.
	Obligations of Airport Operators
	General
Provision of information to Minister	16. Airport operators must provide to the Minister, in the form and manner, and within the time, indicated by the Minister, information that the Minister considers necessary to exercise his or her powers and carry out his or her duties and functions.
Canada's international obligations	17. Airport operators must take the measures necessary to permit Canada to meet its international obligations under bilateral and multilateral agreements in respect of aeronautics and of trade.
Airports serving international traffic	18. (1) Airport operators of airports serving international traffic must
	(a) display the national flag of Canada, and erect signs welcoming passengers to Canada, in prominent places for arriving international passengers; and
	(b) display the national flag of Canada at other prominent places on the airport.
Regulations	(2) The Governor in Council may make regulations prescribing the locations of, dimensions of and manner of displaying flags and signs required to be displayed or erected on airports, and prescribing the contents of the signs.
Foreign dignitaries	19. Airport operators must assist the Government of Canada on their airports in welcoming and facilitating state visits to Canada by foreign dignitaries.
Airport access for state aircraft	20. (1) Airport operators must permit landing and taking off on airports, free of charge, by
	(a) all military and defence aircraft used in the service of Her Majesty in right of Canada;
	(b) all civil aircraft owned by and exclusively used in the service of Her Majesty in right of Canada; and
	(c) all aircraft owned by and exclusively used in the service of the government of a foreign state, other than a state designated under subsection (2).
Designation	(2) The Governor in Council may, by order, designate a foreign state to be a state in respect of which fees may be imposed.
Information about fees	21. (1) Airport operators must, on request, make available to any person the following information about fees imposed at their airport:
	(a) the amount of each fee;
	(b) the persons subject to each fee and the conditions for becoming subject to it; and
	(c) the method for collecting fees used by the operator.
Internet site	(2) Airport operators must post an electronic version of the information on their Internet site, if they have one.
Emergency preparedness	22. Airport operators must, on request, provide to the Minister or the member of the Queen's Privy Council for Canada designated by the Governor in Council for the purposes of the Emergency Preparedness Act any facilities, land, services and human resources that the Minister or member may require to fulfil their responsibilities under that Act.
Protection of confidential information	23. (1) Subject to subsection (2) and section 16, no airport operator may disclose any financial, commercial or technical information if it is confidential information supplied to it by an air carrier that is treated consistently in a confidential manner by the air carrier.
Exception	(2) Information referred to in subsection (1) may be disclosed if the disclosure is made in a way that does not identify or permit the identification of the source of the information.
	Equitable Access to Airport Facilities
Equitable access	24. (1) Every airport authority and other airport operator must provide to all air carriers who operate or wish to operate aircraft on their airport, equitable access to the facilities or air terminal building described in subparagraphs (a)(i) to (iv) of the definition ``essential activities'' in subsection 2(1).
Limitation	(2) No airport operator is required to construct a new facility or air terminal building or expand or renovate an existing one in order to comply with subsection (1).
Exception	(3) Subsection (1) does not apply in respect of
	(a) facilities that were under the exclusive control on September 1, 2002 of a person, other than an airport operator, under a contract that was then in effect until the day on which the contract expires or is terminated or any renewal or extension of the contract expires, if the renewal or extension did not require the consent of the airport operator; or
	(b) the use of a runway at an airport designated under section 28.
Transfer of airport activities	(4) An airport operator who transfers airport traffic from one airport operated by the operator to another does not, by reason of the transfer alone, contravene this section.
Declaration on equitable access	25. (1) Airport operators must publish a declaration describing how they plan to meet their obligations under subsection 24(1).
Date declaration must be made	(2) The declaration must be made within one year after the coming into force of this section or within one year after the day on which the person becomes an airport operator.
Contents of declaration	(3) The declaration must include
	(a) the airport operator's policies and plans to make any facilities or air terminal building referred to in subsection 24(1) available to air carriers who request initial or expanded access to them;
	(b) the airport operator's policy for responding to complaints;
	(c) the identification of facilities referred to in paragraph 24(3)(a); and
	(d) the airport operator's policy on the distribution of traffic between airports that it operates.
Updated declaration	(4) Airport operators must publish an updated declaration when there is a change in any information referred to in subsection (3).
Ministerial directions	26. (1) The Minister may direct an airport operator to take any measures that are necessary, in the Minister's opinion, to enable the operator to meet their obligations under subsection 24(1).
Direction to operator or co-contractor	(2) The Minister may direct an airport operator or other person who is a party to a contract referred to in paragraph 24(3)(a) to take any measures that are necessary, in the Minister's opinion, to enable the operator to meet their obligations under subsection 24(1) if
	(a) the Minister has consulted the Commissioner of Competition;
	(b) the Minister is satisfied that the airport operator has exhausted all commercial options reasonably available to the operator for meeting those obligations; and
	(c) no other provision of this Act or of any other Act of Parliament is sufficient and appropriate to remedy the situation.
	Slots