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Bill C-42

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Regulations

(3) The Governor in Council may make regulations generally for carrying out the purposes of this section, including regulations

    (a) defining any term or expression used in subsection (1);

    (b) prescribing the information to be provided to the Minister;

    (c) designating the Ministers of the Crown in right of Canada and other persons, and the agencies and offices, to whom information received by the Minister may be disclosed; and

    (d) establishing terms and conditions relating to the use, disclosure and destruction of the information.

Offence

(4) Every air carrier or person who operates an aviation reservation system and who fails to comply with a requirement under subsection (1) is guilty of an offence punishable on summary conviction.

Screenings

Designation of persons to conduct

4.84 The Minister may, in writing, designate persons to conduct screenings.

Prohibition - persons and goods

4.85 (1) If an aviation security regulation, a security measure or an emergency direction requires a person to be screened, the person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure or emergency direction, as the case may be, of

    (a) his or her person; or

    (b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome.

Prohibition - conveyances

(2) If an aviation security regulation, a security measure or an emergency direction requires a conveyance to be screened, the operator of the conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure or emergency direction, as the case may be.

Prohibition - accepting tendered goods with informing of screening

(3) If an aviation security regulation, a security measure or an emergency direction requires tendered goods to be screened by a person who accepts goods for transportation by air, the person shall not accept the goods for transportation by air unless the person informs, in accordance with the regulations, the person tendering the goods that the goods may be screened.

Prohibition relating to air carriers

(4) If an aviation security regulation, a security measure or an emergency direction requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure or emergency direction, as the case may be.

Prohibition relating to persons who accept goods for transporta-
tion

(5) If an aviation security regulation, a security measure or an emergency direction requires goods to be screened by any person who accepts goods for transportation, the person shall not tender the goods for transportation by air unless the person has screened the goods in accordance with the regulation, security measure or emergency direction, as the case may be.

Air Carrier and Aerodrome Assessments

Assessment

4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers.

Verifying Compliance and Testing Effectiveness

No offence

4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures or emergency directions, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure or an emergency direction.

R.S., c. 33 (1st Supp.), s. 1

6. Section 5.1 of the Act is replaced by the following:

Restrictions and prohibitions for safety or security purposes

5.1 The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public.

R.S., c. 33 (1st Supp.), s. 1

7. Section 5.9 of the Act and the heading before it are replaced by the following:

General Provisions respecting Regulations, Orders, etc .

Exemption by Governor in Council

5.9 (1) The Governor in Council may make regulations exempting, on any terms and conditions that may be specified in the regulations, any person, aeronautical product , aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services , from the application of any regulation or order made under this Part.

Exemption by Minister

(2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product , aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services , from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be , is in the public interest and is not likely to adversely affect aviation safety or security .

Incorporation by reference

(3) A regulation, an order, a security measure or an emergency direction made under this Part that incorporates by reference a classification, standard, procedure or other specification may incorporate it as it is amended from time to time and in such a case the reference shall be read accordingly.

Prohibition in regulations or orders

(4) A regulation, an order, a security measure or an emergency direction made under this Part prohibiting the doing of any act or thing may prohibit the doing of that act or thing either at all times and places or only at specified times, places and occasions, and may do so either absolutely or subject to any specified exceptions or conditions.

1992, c. 4, s. 12

8. Section 6.2 of the Act is replaced by the following:

Exemption from Statutory Instruments Act

6.2 (1) The following are exempt from the application of subsections 3(1) and 5(1) and section 11 of the Statutory Instruments Act :

    (a) a regulation, within the meaning of subsection 2(1) of the Statutory Instruments Act, made under paragraph 4.9(l) or section 5.1 that prohibits or restricts the use of any airspace or aerodrome;

    (b) a security measure;

    (c) an emergency direction;

    (d) an exemption made under subsection 5.9(2); and

    (e) an interim order made under section 6.41.

Precondition for contravention

(2) No person shall be found to have contravened any regulation referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the date of the alleged contravention, reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it.

Certificate

(3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the regulation, security measure, emergency direction or interim order was issued is, in the absence of evidence to the contrary, proof that reasonable steps were taken to bring its purport to the notice of those persons likely to be affected by it.

1992, c. 4, s. 13

9. (1) Subsection 6.41(1) of the Act is replaced by the following:

Interim orders

6.41 (1) The Minister may make an interim order

    (a) to deal with any situation or state of affairs that, in the opinion of the Minister, requires immediate action; or

    (b) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident.

Authorized officer may make interim order

(1.1) The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, an interim order

    (a) to deal with any situation or state of affairs that, in the opinion of the officer, requires immediate action; or

    (b) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident.

Requirement

(1.2) An interim order may be made only if the Minister or officer, as the case may be, is of the opinion that the making of the interim order is necessary for aviation safety or the protection of the public.

Consultation

(1.3) Before making an interim order, the Minister or officer, as the case may be, must consult with any person or organization that the Minister or officer considers appropriate in the circumstances.

1992, c. 4, s. 13

(2) Subsections 6.41(4) to (6) of the Act are replaced by the following:

Publication in Canada Gazette

(4) An interim order must be published in the Canada Gazette within twenty-three days after the day on which it is approved.

R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5

10. (1) Subsections 6.9(1) and (2) of the Act are replaced by the following:

Suspension, etc., if contravention

6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document on the grounds that its holder or the owner or operator of any aircraft, airport or other facility in respect of which it was issued has contravened any provision of this Part or of any regulation, order, security measure or emergency direction made under this Part, the Minister shall by personal service or by registered or certified mail sent to the holder, owner or operator, as the case may be, at that person's latest known address notify the holder, owner or operator of that decision and of the effective date of the suspension or cancellation, but no suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent.

Contents of notice

(2) The notice must be in the form that the Governor in Council may by regulation prescribe and must , in addition to any other information that may be so prescribed,

    (a) indicate the provision of this Part or of the regulation, order, security measure or emergency direction made under this Part that the Minister believes has been contravened; and

    (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event that the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

R.S., c. 33 (1st Supp.), s. 1

(2) Subsection 6.9(5) of the Act is replaced by the following:

Exception re stay direction

(5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety or security .

R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5

11. (1) Subsection 7(1) of the Act is replaced by the following:

Suspension where immediate threat to aviation safety or security

7. (1) If the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety or security exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the document or that is proposed to be done under the authority of the document , the Minister shall without delay , by personal service or by registered or certified mail sent to the holder of the document or to the owner or operator of any aircraft, airport or other facility in respect of which the document was issued, as the case may be, at his or her latest known address, notify the holder, owner or operator of the Minister's decision.

R.S., c. 33 (1st Supp.), s. 1

(2) Paragraph 7(2)(a) of the English version of the Act is replaced by the following:

    (a) indicate the immediate threat to aviation safety or security that the Minister believes exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the Canadian aviation document concerned, or that is proposed to be done under the authority of the Canadian aviation document concerned , and the nature of that act or thing; and

R.S., c. 33 (1st Supp.), s. 1

(3) Subsections 7(7) and (8) of the Act are replaced by the following:

Determina-
tion

(7) The member of the Tribunal conducting the review may make the following determination:

    (a) if the decision of the Minister relates to a person's designation under section 4.84, the member may determine the matter by confirming the Minister's decision or by referring the matter back to the Minister for reconsideration; or

    (b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister's decision or by substituting his or her own determination.

Request for reconsideratio n of immediate threat

(8) If no appeal from a determination confirming a suspension under subsection (7) is taken under section 7.2 within the time limited for doing so under that section or the Tribunal has, on an appeal under section 7.2, confirmed the suspension of a Canadian aviation document under this section, or if the Minister, after reconsidering the matter under paragraph 7(7)(a) or 7.2(5)(b), has confirmed the suspension , the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.

R.S., c. 33 (1st Supp.), s. 1

12. (1) Subsection 7.2(1) of the Act is replaced by the following:

Right of appeal

7.2 (1) The Minister or any person affected by the determination of a member of the Tribunal under subsection 6.9(8) or paragraph 7(7)(b) or any person, other than the Minister, affected by the determination of a member of the Tribunal under paragraph 7(7)(a) or subsection 7.1(8) may, within ten days after the determination, appeal the determination to the Tribunal.

R.S., c. 33 (1st Supp.), s. 1

(2) Paragraphs 7.2(5)(a) and (b) of the Act are replaced by the following:

(a) subsection 6.9(8) or paragraph 7(7)(b) , by dismissing it or allowing it and in allowing the appeal the Tribunal may substitute its decision for the determination appealed against; or

    (b) paragraph 7(7)(a) or subsection 7.1(8), by dismissing it or referring the matter back to the Minister for reconsideration.

R.S., c. 33 (1st Supp.), s. 1

13. Subsection 7.3(3) of the Act is replaced by the following:

Contraven-
tion of Part, regulation, etc.

(3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or of any regulation, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction.

R.S., c. 33 (1st Supp.), s. 1

14. Paragraph 7.4(5)(b) of the Act is replaced by the following:

    (b) exercised reasonable care to satisfy himself or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, order, security measure or emergency direction made under this Part,

15. The Act is amended by adding the following after section 7.4:

Prohibition - unruly or dangerous behaviour

7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally

    (a) interfering with the performance of the duties of any crew member;

    (b) lessening the ability of any crew member to perform that crew member's duties; or

    (c) interfering with any person who is following the instructions of a crew member.

Punishment

(2) Every person who commits an offence under subsection (1) is liable

    (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; and

    (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both.