Bill C-20
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TABLE OF PROVISIONS
AN ACT RESPECTING AIRPORTS, AIRPORT AUTHORITIES AND OTHER AIRPORT OPERATORS AND AMENDING THE TRANSPORTATION APPEAL TRIBUNAL OF CANADA ACT
SHORT TITLE
1. Canada Airports Act
INTERPRETATION
2. Definitions
3. Passenger threshold
4. Related persons
5. Control of a corporation
HER MAJESTY
6. Binding on Her Majesty
APPLICATION OF ACT
7. Military airports excluded
CANADIAN AIRPORT POLICY
8. Declaration
PART 1
AIRPORTS
Powers, Duties and functions of Minister and Governor in Council
9. Minister’s responsibility
10. Monitoring
11. Audit
12. Ministerial directions
13. Ministerial approvals
14. Review
15. Powers exercisable only by Minister
16. Emergency orders by Governor in Council
Slots
17. Ownership of slots
18. Slot coordinator
19. Designation of airports requiring slot allocation
20. Allocation, renewal or withdrawal of slots
21. Providing information about slots
22. Ministerial order
23. Transfer of slots prohibited
24. Regulations
PART 2
PROVISIONS APPLICABLE TO CERTAIN AIRPORT OPERATORS
General
25. Application
26. Canada’s international obligations
27. Airports serving international traffic
28. Foreign dignitaries
29. Provision of information to Minister
30. Protection of confidential information
Equitable Access
31. Application
32. Obligation — equitable access
33. Ministerial direction
Fees
34. Application
35. Establishing or increasing fees
36. Information about fees
Disclosure
37. Application
38. Annual report
39. Annual meeting
PART 3
AIRPORT AUTHORITIES
Powers of Governor in Council
40. Amendment of schedule
Continuance
41. Corporations set out in Part 1 of schedule
42. Corporations set out in Part 2 of schedule
43. Other corporations
Application
44. Application
Effect of Continuance
45. Effect of continuance
46. Rights preserved
47. Further continuance
By-laws
48. Filing of by-laws — corporations in Part 1 of schedule
49. Content of by-laws
50. Ministerial direction
51. Cessation
52. Duty to inform
Office
53. Office for service or delivery of documents
Records
54. Duty — corporate records
55. Directors’ access to records
56. Precautions
Powers, Capacity and Activities
57. Airport authority’s objects
58. Carrying on business as air carrier not permitted
59. Business or activity not permitted
60. Partnership or joint venture not permitted
61. Not agent of Her Majesty
62. Legal capacity
63. Use of revenues
64. Issue of debt obligations
65. Regulations — debt obligations or trust indentures
66. Authorized investments
67. Loans and guarantees
68. Indemnities
69. Acquiring interest in land
70. Amounts payable for goods and services
71. Distribution of traffic
72. Donations
73. Prohibited arguments
74. Interest or right in entities
Ownership Interests in Corporations
75. Ownership interests
76. Subsidiaries
77. Ministerial direction
78. Business transactions
79. Maximum financial exposure
80. Indemnity
81. Minister’s approval
Corporate Governance and Accountability
Board
82. Skills, knowledge and experience
83. General duty
84. Number of directors
85. Election of chairperson
Appointment, Removal and Resignation of Directors
86. Term of office
87. Appointments by Minister
88. Nominations — province
89. Nominations — regional authorities and municipalities
90. Nominations — non-governmental organization
91. Number of entities to be designated
92. Nominations — national association of domestic air carriers
93. Maximum number
94. Consent
95. Appointment of other directors
96. Providing information in case of vacancy
97. By-laws — nomination of candidates
98. Cessation as nominating body
99. Insufficient number of directors
100. Information session
101. Removal by Minister
102. Resolution requiring removal by Minister
103. Resignation
104. Director’s statement
Ineligibility for Office of Director
105. Ineligible persons
106. Limitation on other directorships
Duties, Liabilities and Indemnification of Directors and Officers
107. Duty of care
108. Directors — good faith
109. Officers — good faith
110. Independent advice
111. Insurance
112. Indemnification
113. Application to court
114. Directors’ liability
115. Directors’ liability
Meetings
116. Minutes
117. Calling of meetings
118. Quorum
119. Chief executive officer
120. Exclusion of chief executive officer
121. Participation by telephone, etc.
122. Resolution in lieu of meeting
123. Dissent
Committees
124. Establishment of committees of the board
125. Governance committee
126. Audit committee
127. Duties
128. Calling of meetings
Auditor
129. Appointment of auditor
130. Auditor’s qualifications
131. Maximum period
Conflict of Interest
132. Conflict with authority’s interests
133. Disclosure requirements
134. Conflict of interest rules
135. Conflict of interest declaration
Fees
Imposition of Fees
136. Airport authority
137. Fee information
138. Establishing or increasing fees
Application
139. Sections 140 to 173
Charging Principles
140. Charging principles for fees
Methodology for Determining Fees
141. Methodology
142. Contents
143. Other charges imposed on air carriers
Notice of Proposals
144. Notice of proposal
145. Adjustment
146. Content of notice
147. Copy of notice
Consultations and Representations
148. Information
149. Meeting with air carriers
150. Representations
Announcements
151. Announcement — methodology or fee
152. Methodology announcement — contents
153. Fees announcement — contents
154. Copy of announcement
155. Reduction or elimination of fees
Effective Date of Fees
156. Aeronautical fee
Additional Provisions — Passenger Fees
157. Use of revenues
158. Information — existing passenger fee
159. Elimination of fee
Appeals
160. Grounds of appeal
161. Additional ground of appeal — aeronautical fees
162. No appeal
163. Filing of appeal
164. Filing with Agency
165. Joining of appeals
166. Limitation
167. Effect of appeal
168. Order — non-compliance
169. Manner of refund
170. Time limit for deciding appeal
171. Notification of decision
172. Decision final
173. Non-application of Canada Transportation Act
Disclosure
Business Plan
174. Requirement
Financial Statements
175. Preparation
176. Auditing of financial statements
177. Right to information
178. Required approval
179. Annual financial statements of subsidiaries
180. Ministerial direction — financial statements
181. Ministerial direction — audit
Performance Indicators
182. Duty to measure performance
Annual Report
183. Annual report
184. Contents
Annual Meeting
185. Annual meeting
Consultations
186. Annual meeting with Minister and nominating bodies
187. Power to request special meetings
188. Meeting with air carriers
189. Consultation with public
190. Discussion forum
Public Access to Documents
191. Examination of records, reports, etc.
Performance Reviews
192. Five-year performance review
193. Performance reviews
194. Selection of reviewer
195. Reviewer’s report
196. Distribution of reviewer’s report
197. Response
198. Notice to public
Contracts Without Competitive Bidding
199. Contracts over $100,000
Other Obligations
Name of Principal Airport
200. Change of name
Land Use Plan and Master Plan
201. Land use plan
202. Master plan
Environment
203. Environmental management plan
204. Notice of spill or release
Acquiring Land
205. Interest in land or right relating to immovable
206. Transfer to Her Majesty
207. Compensation and reimbursement
208. Deeming provision — premises leased to the authority
209. Environmental assessment
210. Expropriation
Leases in respect of a Principal Airport
211. Leases — no compensation or damages
212. Power of Governor in Council
Dissolution
213. Dissolution
Statutory Instruments Act
214. Non-application of Statutory Instruments Act
PART 4
COMPLIANCE AND ENFORCEMENT
Inspection
215. Designation of inspectors
216. Powers of inspection
217. Duty to assist
Offences and Punishment
218. False information, etc.
219. Obstruction
220. Offences with respect to reports
221. Contravention of emergency orders by Governor in Council
222. Contravention of Act or regulations
223. Separate offence
224. Defence of due diligence available
225. Directors and officers of corporations
226. Offences by employees, agents or mandataries
Administrative Monetary Penalties
227. Violations
228. Regulations
229. Criteria for penalty
230. Notice of violation
231. Option
232. Payment of penalty
233. Request for review of determination
234. Failure to pay penalty or request review
235. Determination by Tribunal member
236. Right of appeal
237. Debts due to Her Majesty
238. Certificate
239. Directors and officers of corporations
240. Vicarious liability — acts of employees, agents and mandataries
241. Violations not offences
242. Due diligence available
General Provisions
243. How act or omission may be proceeded with
244. Time limit
245. Restraining or compliance order
PART 5
TRANSITIONAL PROVISIONS, RELATED AND COORDINATING AMENDMENTS AND COMING INTO FORCE
Transitional Provisions
246. Interest or right in any entity
247. Ministerial direction
248. Slots under contract
249. Non-application of certain sections
250. Auditors — calculation of maximum period
Related Amendment
251. Transportation Appeal Tribunal of Canada Act
Coordinating Amendment
252. Bill C-11
Coming into Force
253. Order in council
SCHEDULE