Bill C-20

General Provisions

243. If an act or an omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

244. (1) No proceedings in respect of a violation or a prosecution for an offence may be commenced later than one year after the subject-matter of the proceedings became known to the Minister.

(2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof that the Minister became aware of the subject-matter on that day.

245. If an airport operator or any director, officer, employee, agent, mandatary, auditor, trustee, receiver, receiver-manager or liquidator of the airport operator contravenes any provision of this Act or any direction, order or approval made or given under this Act, or any provision of the operator’s by-laws, the Minister may apply to a court of competent jurisdiction for an order directing the individual or entity to comply with it, or restraining any such individual or entity from acting in breach of it, and on the application the court may so order and make any further order that it thinks fit.

PART 5

TRANSITIONAL PROVISIONS, RELATED AND COORDINATING AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

246. (1) If a corporation that has been continued under this Act held an interest or right in an entity on June 15, 2006, the corporation may, despite section 74, continue to hold that interest or right for three years after the day on which that section comes into force.

(2) Section 76 does not apply to a corporation that has been continued under this Act, in respect of any ownership interest that its subsidiaries have on June 15, 2006, for three years after the day on which that section comes into force.

247. If a corporation that has been continued under this Act had, on or after June 15, 2006 but before the day on which subsection 79(1) comes into force, acquired an ownership interest in a corporation or increased its financial exposure in a corporation in which it had an ownership interest, and the acquisition or increase would have been prohibited under subsection 79(1) had that subsection been in force, the Minister may direct it to take the measures that the Minister considers necessary to reduce its financial exposure in the corporation to what it was on the day before June 15, 2006.

248. An order under subsection 22(1) or (2) in respect of a slot allocated under a contract entered into by an airport operator that was in effect on June 15, 2006 may not have effect on or before the earliest of the following dates, as determined under the terms of the contract as it read on June 15, 2006:

(a) the day on which the airport operator has the right to terminate the contract,

(b) the day on which an extension to the contract takes effect, if the airport operator could have refused that extension but did not, and

(c) the expiry date of the contract.

249. (1) A corporation that has been continued under this Act is not required, on or before the third anniversary of the day on which this section comes into force, to comply with sections 84, 86, 88 to 90, 92, 93 and 95.

(2) Neither the corporation nor the Minister is required, on or before the third anniversary of the day on which this section comes into force, to remove a director who held office on the day on which the corporation was continued by reason of the director being ineligible under section 105.

(3) A corporation that has been continued under this Act shall submit to the Minister, within 90 days after the day on which it was so continued, a transitional plan indicating how it intends to meet the requirements of the Act in respect of the composition of the board on or before the third anniversary of the day on which this section comes into force.

250. (1) For the purpose of subsection 131(1), the period during which an individual or a firm of accountants exercised their functions as auditor before the day on which that subsection comes into force shall be counted.

(2) For the purpose of subsection 131(1), in respect of an individual who is designated by an auditor that is a firm of accountants to conduct an audit of an airport authority, the period during which the individual exercised their functions before the day on which subsection 131(1) comes into force shall be counted.

(3) An individual who, on the day on which subsection 131(1) comes into force, has exercised their functions as auditor for five consecutive years or more or a firm of accountants that, on that day, has exercised their functions as auditor for 10 consecutive years or more, may continue to exercise their functions as auditor until the end of the first calendar year after that day.

(4) An individual who is designated by an auditor that is a firm of accountants to conduct an audit of an airport authority and who, on the day on which subsection 131(1) comes into force, has exercised their functions for five consecutive years or more may continue to exercise their functions until the end of the first calendar year after that day.

Related Amendment

Transportation Appeal Tribunal of Canada Act

251. Section 2 of the Transportation Appeal Tribunal of Canada Act is amended by adding the following after subsection (3):

Coordinating Amendment

252. If Bill C-11, introduced in the 1st Session of the 39th Parliament and entitled An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (the “other Act”), receives royal assent, then, on the later of the day on which section 7 of the other Act comes into force and the day on which subsection 173(1) of this Act comes into force — or, if those days are the same day, then on that day — subsection 173(1) of this Act is replaced by the following:

173. (1) Sections 24, 25.1 to 29, 32, 34, 36.1 and 37 of the Canada Transportation Act do not apply to the Agency in respect of the powers, duties and functions assigned to it under this Act.

Coming into Force

253. The provisions of this Act, other than section 252, come into force on a day or days to be fixed by order of the Governor in Council.