MINISTER OF TRANSPORT

(a) establishing requirements respecting the provision of information to the Minister of Transport by airport operators, air carriers and any entity providing flight-related services;

(b) requiring that airport operators take measures to help Canada meet its international obligations in respect of aeronautics, in accordance with directions issued by the Minister of Transport;

(c) authorizing the Governor in Council to make regulations respecting the development and implementation of service standards related to flights and flight-related services, including a dispute resolution process in respect of their development and publication requirements for information related to compliance with those standards;

(d) establishing requirements in respect of noise management committees and setting out notice and consultation requirements relating to aircraft noise;

(e) establishing requirements for airport authorities to create plans respecting climate change and climate change preparedness and authorizing the Governor in Council to make regulations respecting reporting requirements for those plans;

(f) requiring airport authorities to publish information respecting diversity among directors and senior management;

(g) providing a process by which to make complaints respecting notice and consultation requirements in relation to aircraft noise; and

(h) providing for an administration and enforcement mechanism that includes an administrative monetary penalty framework.

(a) authorize the Governor in Council to make regulations requiring certain persons to provide information for the purpose of supporting a transportation system that is accessible without undue obstacle to the mobility of all persons;

(b) allow the Minister of Transport and the Canadian Transportation Agency to make this information public; and

(c) authorize the Governor in Council to make regulations respecting a process for dealing with complaints relating to accessibility in relation to the transportation of persons with disabilities.

(a) add principles that a port authority must observe when fixing port fees and a fee-related complaints process that is to be administered by the Canadian Transportation Agency;

(b) authorize the Governor in Council to make regulations respecting alternative dispute resolution in regards to disputes arising in respect of a lease relating to the operation of a port terminal; and

(c) allow the Agency to make rules respecting the fees to be paid in relation to the administration or enforcement of any provision of Part 1 of that Act, or the regulations under that Part, the administration or enforcement of which is the responsibility of the Agency.

TABLE OF PROVISIONS

An Act respecting accountability in the air transportation sector

Short Title

Interpretation

Agency means the Canadian Transportation Agency continued by subsection 7(1) of the Canada Transportation Act.‍ (Office)

air carrier has the same meaning as in subsection 3(1) of the Aeronautics Act.‍ (transporteur aérien)

airport has the same meaning as in subsection 3(1) of the Aeronautics Act.‍ (aéroport)

airport authority means a corporation or other body designated by an order made under paragraph 2(2)‍(a) of the Airport Transfer (Miscellaneous Matters) Act.‍ (administration aéroportuaire)

airport operator means an individual or entity, including an airport authority, holding a Canadian aviation document, as defined in subsection 3(1) of the Aeronautics Act, in respect of an airport.‍ (exploitant d’aéroport)

entity includes a corporation or a trust, partnership, fund, joint venture or any other unincorporated association or organization.‍ (entité)

Minister means the Minister of Transport.‍ (ministre)

noise management committee means a noise management committee established under subsection 10(1).‍ (comité de gestion du bruit)

proponent means an individual or entity that proposes an alteration to airspace design or flight paths.‍ (promoteur)

superior court means

• (a) in Ontario, the Superior Court of Justice;

• (b) in Quebec, the Superior Court;

• (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of King’s Bench;

• (d) in Nova Scotia, British Columbia, Prince Edward Island, Newfoundland and Labrador, Yukon and the Northwest Territories, the Supreme Court; and

• (e) in Nunavut, the Nunavut Court of Justice.‍ (cour supérieure)

Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.‍ (Tribunal)

Application

• (a) any airport facility operated by or under the authority of the Minister of National Defence; or

• (b) any alteration to airspace design or flight paths that is proposed by the Governor in Council or the Minister in the exercise of a power or the performance of a duty or function conferred on the Governor in Council or the Minister under an Act of Parliament.

Canada’s International Obligations

Information Provided to Minister

• (a) information respecting the capacity and development of the Canadian air transportation system;

• (b) information respecting operations and air traffic;

• (c) information respecting compliance, at the airport, with Canada’s international obligations in respect of aeronautics; and

• (d) in the case of an airport authority, information that the airport authority is required to keep according to its governing corporate legislation.

• (a) the disclosure or making available to the Agency, to Statistics Canada, to a federal minister or an agent or an adviser of that minister, or to a person employed in the federal public administration of information for the purpose of the administration or enforcement of this Act or any other Act of Parliament or for the purpose of the development of policies;

• (b) the disclosure or making available, including to the public, of information in an aggregated form that prevents information obtained from an identifiable individual or entity from being related to them; or

• (c) the communication of information that is available to, or ascertainable by, the public.

Aircraft Noise Consultations

• (a) deal with questions and concerns from the public with respect to aircraft noise, including noise that is a result of a temporary alteration to flight paths or a permanent alteration to airspace design or flight paths;

• (b) give notice to the public with respect to the alterations referred to in paragraph (a) and, in the case of permanent alterations, undertake consultations; and

• (c) undertake any other responsibilities that are assigned to it under this Act.

• (a) one representative from the airport operator;

• (b) one representative from NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act, R.‍S.‍C.‍, 1970, c. C-32;

• (c) one representative from the municipal or local government in the area in which the airport is situated; and

• (d) one representative from among all the air carriers that serve the airport.

• (a) the rules with respect to the composition and the governance of the committee;

• (b) the procedures for the committee to give notice and undertake consultations; and

• (c) the procedures for the committee to deal with questions and concerns from the public.

• (a) is expected to be in effect for less than one year;

• (b) affects the lateral positioning of a flight path being used by an aircraft operator below an altitude of 2438 metres (8000 feet) above ground level over a residential area; and

• (c) does not result from weather or other short-term uncontrollable causes.

• (a) the purpose of the alteration;

• (b) the anticipated effect on noise levels;

• (c) the general area that is likely to be affected;

• (d) the number of residents who are likely to be affected;

• (e) the proposed date of the implementation of the alteration;

• (f) the proposed end date of the alteration;

• (g) the name and contact information of the proponent;

• (h) the contact information of the noise management committee; and

• (i) any information prescribed by regulation.

• (a) a notice under subsection 14(1);

• (b) a notice under subsection 14(4); or

• (c) any notice required by regulation made under paragraph 63(1)‍(d).

• (a) is expected to be in effect for at least one year; and

• (b) affects the lateral positioning of a flight path being used by an aircraft operator below an altitude of 2438 metres (8000 feet) above ground level over a residential area.

• (a) the purpose of the alteration;

• (b) the anticipated effect on noise levels;

• (c) the general area that is likely to be affected;

• (d) the number of residents who are likely to be affected;

• (e) the date, time and location of, or manner of participating in, the consultation session;

• (f) a statement indicating that an individual who is likely to be affected by aircraft noise at their ordinary place of residence or of work as a result of the alteration may make representations about the alteration to the noise management committee during the consultation session or in writing no later than the day on which the consultation session is held;

• (g) a statement indicating that the proponent must prepare a summary of the representations that are made, and the noise management committee must publish the summary, within 30 days after the day on which the consultation session is held;

• (h) the name and contact information of the proponent;

• (i) the contact information of the noise management committee; and

• (j) any information prescribed by regulation.

• (a) the proponent must prepare a summary of any representations made in accordance with subsection (1); and

• (b) the noise management committee must publish the summary.

• (a) the proponent must notify the noise management committee of the changes;

• (b) the proponent must prepare a new notice of consultation containing the information referred to in subsection 22(2), a description of the changes and the reasons for them and provide it to the noise management committee;

• (c) a new consultation session must be held under subsection 23(1);

• (d) at least 30 days before the day on which the new consultation session is to be held, the noise management committee must publish the new notice of consultation; and

• (e) section 24 applies.

• (a) the purpose of the alteration;

• (b) the anticipated effect on noise levels;

• (c) the general area that is likely to be affected;

• (d) the number of residents who are likely to be affected;

• (e) the proposed date of the implementation of the alteration;

• (f) the name and contact information of the proponent;

• (g) the contact information of the noise management committee;

• (h) a statement indicating that an individual who is, or is likely to be, affected by aircraft noise at their ordinary place of residence or of work as a result of the alteration may make a complaint to the Agency under subsection 29(1) or (2) in relation to the alteration, the grounds for making a complaint and how to make the complaint; and

• (i) any information prescribed by regulation.

• (a) publish a notice under subsection 22(3);

• (b) undertake any of the consultations required under sections 23 to 25;

• (c) publish a notice under subsection 27(3); or

• (d) publish any of the notices or undertake any of the consultations required by regulation made under paragraph 63(1)‍(e).

• (a) give notice of a complaint made under subsection (1) or (2) to the proponent and the noise management committee and allow them and the complainant to make representations; and

• (b) publish a notice that the complaint has been made.

Diversity

Environmental Obligations

• (a) a greenhouse gas emissions reduction target in respect of the operation of the airport by the airport authority;

• (b) a description of actions to be taken to achieve the greenhouse gas emissions reduction target;

• (c) information relating to any material changes in respect of information that was provided in the previous plan; and

• (d) any information prescribed by regulation.

• (a) a description of the current and anticipated impacts of climate change on the operation of the airport and on the assets managed by the airport authority and any adaptation actions to be taken to address those impacts;

• (b) a description of current and future commercial opportunities for the airport authority arising from the impacts of climate change on the operation of the airport and on the assets managed by the airport authority, if any, and any actions to be taken to take advantage of them;

• (c) information relating to any material changes in respect of information that was provided in the previous plan; and

• (d) any information prescribed by regulation.

General Provisions

• (a) published on the airport operator’s website; and

• (b) made available upon request at the airport operator’s head office.

Administration and Enforcement

• (a) examine anything that is found in the place;

• (b) examine any documents, including books, records or electronic data, and reproduce or have reproduced any documents or any part of them;

• (c) take photographs and make recordings or sketches;

• (d) order the person in charge of the place to establish their identity to the enforcement officer’s satisfaction;

• (e) use or cause to be used any computer system or means of communication at the place to examine any data contained in or available to the computer system or means of communication;

• (f) produce a record or cause a record to be produced from the data in the form of a printout or other intelligible output;

• (g) use or cause to be used any copying equipment in the place to reproduce any documents;

• (h) prohibit or limit access to all or part of the place or to anything in the place; and

• (i) remove anything from the place for the purpose of examination.

• (a) give the enforcement officer all assistance that is reasonably required to enable them to exercise their powers or perform their duties and functions under this Act; and

• (b) provide the enforcement officer with any information that the enforcement officer may reasonably require for the purposes of this Act.

• (a) $5,000, in the case of an individual; and

• (b) $250,000, in the case of an entity.

• (a) set out the name of the individual or entity that is believed to have committed the violation;

• (b) identify the alleged violation;

• (c) set out the amount of the penalty and the manner of paying it;

• (d) inform the individual or entity of its right to request to enter into a compliance agreement with the Minister or to file a request for a review with respect to the violation, the amount of the penalty, or both, and the time and manner for doing so; and

• (e) inform the individual or entity that, if the individual or entity does not pay the amount of the penalty or file a request for review in accordance with the notice, the individual or entity will be deemed to have committed the violation and be liable to pay the amount of the penalty set out in the notice.

• (a) request to enter into a compliance agreement with the Minister that ensures the individual or entity’s compliance with the provision to which the notice relates; or

• (b) file a request for a review of the acts or omissions that constitute the alleged violation, the amount of the penalty or both with the Tribunal.

• (a) include a provision for the giving of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the individual or entity will comply with the compliance agreement; and

• (b) provide for the reduction, in whole or in part, of the penalty for the violation.

• (a) no further proceedings in respect of the violation may be taken against the individual or entity; and

• (b) any security given under the compliance agreement must be returned to the individual or entity.

• (a) that instead of being liable to pay the amount of the penalty specified in the notice of violation, it is liable to pay, within the time and in the manner set out in the notice of default and without taking account of the limit set out in subsection 49(3), an amount that is twice the amount of that penalty; or

• (b) the security, if any, given under the compliance agreement is forfeited to His Majesty in right of Canada.

• (a) if the notice provides that the individual or entity is liable to pay the amount specified in the notice, the individual or entity may not deduct from that amount any amount it spent under the compliance agreement and it is liable to pay the amount specified in the notice within the time and in the manner set out in it; and

• (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to His Majesty in right of Canada and no further proceedings in respect of the violation may be taken against the individual or entity.

• (a) the individual or entity is deemed to have committed the violation in respect of which the amount is paid;

• (b) the Minister must accept the amount in complete satisfaction of the amount of the penalty; and

• (c) no further proceedings in respect of the violation may be taken against the individual or entity.

• (a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under paragraph 51(2)‍(b);

• (b) to pay an amount determined under subsection 55(3) or file an appeal under subsection 56(1); or

• (c) to pay an amount determined under subsection 56(4).

• (a) in the case of an individual, to a fine of not more than $5,000; or

• (b) in the case of an entity, to a fine of not more than $250,000.

Regulations

• (a) respecting the publication of information;

• (b) for the purpose of section 9, fixing the number of movements at a number less than 60,000;

• (c) respecting noise management committees, including their responsibilities;

• (d) respecting additional notices related to any alteration to flight paths referred to in section 12 that are to be published by the noise management committee;

• (e) respecting additional notices and consultations related to any alteration to airspace design or flight paths referred to in section 20 that are to be published or undertaken by the proponent or the noise management committee;

• (f) respecting the handling of complaints made under subsection 16(1) or (2) or 29(1) or (2);

• (g) respecting aircraft noise data, including the collection and distribution of that data;

• (h) defining the expression “members of senior management” for the purpose of subsection 33(1);

• (i) respecting the impact of the operation of an airport by an airport authority on the environment, including climate change, and the impact of climate change on the operation of an airport, for the purposes of sections 34 to 38, including regulations

  • (i) for the purposes of section 34, fixing the number of passengers referred to in that section,

  • (ii) establishing a greenhouse gas emissions reduction target in respect of the operation of an airport by an airport authority,

  • (iii) respecting the contents of a five-year climate change plan,

  • (iv) respecting the contents of a five-year plan respecting climate change adaptation actions,

  • (v) respecting reporting requirements for the five-year plans,

  • (vi) respecting public participation in the development of five-year plans respecting climate change and climate change adaptation actions, and

  • (vii) respecting the climate change adaptation actions that an airport authority must undertake;

• (j) respecting service standards in relation to flights and flight-related services at an airport, including regulations respecting

  • (i) the development, establishment and implementation of the service standards, including in this regard the roles and responsibilities of airport operators, of air carriers that serve the airport and of entities that provide flight-related services at the airport,

  • (ii) the flights, flight-related services, airport operators, air carriers and entities in respect of which the service standards apply,

  • (iii) the publication of the service standards and of information as to the extent to which they have been met,

  • (iv) alternative dispute resolution in regards to disputes arising in respect of the service standards, including the responsibilities of the parties for the costs of or incurred in relation to the resolution of the disputes,

  • (v) the role of the Agency in the administration and oversight of alternative dispute resolution, and

  • (vi) limits respecting the service standards in relation to any parent Crown corporation named in Part I of Schedule III to the Financial Administration Act;

• (k) respecting the communication of information to passengers in regards to flights and flight-related services;

• (l) designating as a violation the contravention of any provision of this Act or the regulations;

• (m) establishing a penalty, or a range of penalties, in respect of a violation, up to the maximum amount set out in subsection 49(3);

• (n) if a range of penalties is established by regulations made under paragraph (m), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account;

• (o) setting out the total maximum amount payable for a related series or class of violations;

• (p) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part;

• (q) designating violations that, if committed or continued on more than one day, constitute a separate violation for each day on which they are committed or continued;

• (r) prescribing anything that, by this Act, is to be or may be prescribed; and

• (s) generally for carrying out the purposes and provisions of this Act.

Transitional Provisions

Coming into Force

68 (1) Sections 9 to 32 come into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which this Act receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.

(2) Section 33 comes into force on a day to be fixed by order of the Governor in Council.

Alternative dispute resolution

64.‍94 The Governor in Council may make regulations respecting alternative dispute resolution in regards to disputes arising in respect of a lease between a port authority and a user of the port relating to the operation of a terminal, including regulations respecting

64.‍95 (1) The Agency may, after consulting with the Minister, make rules respecting the fees to be paid in relation to the administration or enforcement of any provision of this Part, or the regulations under this Part, the administration or enforcement of which is the responsibility of the Agency.

(2) Before making a rule under subsection (1), the Agency must consult with any person that the Agency considers interested in the matter.

(3) Fees required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction.

Published under authority of the Speaker of the House of Commons