Bill C-20

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Royal Assent

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	(iii) state that details in relation to the Corporation's projection of the revenues referred to in subparagraph (ii) can be obtained from the Corporation on request.
How announce- ment is to be made	(4) The Corporation shall
	(a) send, by mail or by electronic means, a copy of the announcement to
	(i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the new or revised charge, and
	(ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and
	(b) post an electronic version of the announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,
	and, after having done so, the Corporation shall file a copy of the announcement with the Agency.
Time for making announce- ment	(5) The announcement may only be made after 60 days have expired since the day the notice required under section 36 was filed with the Agency.
When charge can be imposed	38. The Corporation may only impose a new charge for air navigation services or a revised charge, other than a new or revised charge approved by the Minister under section 39, after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.
	Special Approval of Charges
Submission of charge to Minister	39. (1) At any time during the two years immediately after the transfer date, the Corporation may, after having
	(a) filed with the Agency a notice under section 36 of a proposed new charge for air navigation services or a revised charge, and
	(b) considered any representations made to it,
	submit the proposed new or revised charge to the Minister for the Minister's approval.
Copies of representa- tions	(2) On submitting a proposed new or revised charge to the Minister, the Corporation shall provide the Minister with a copy of all written representations made to it concerning the proposed new or revised charge.
Determi- nation by Minister	(3) After receiving a submission in respect of a proposed new or revised charge, the Minister shall, within 30 days, determine whether the charge is consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8).
Where Minister is satisfied	(4) Where the Minister determines that a proposed new or revised charge is consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8), the Minister shall approve the proposal and immediately notify the Corporation in writing of the approval.
Corporation may modify proposal	(5) Where the Minister determines that a proposed new or revised charge is not consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8), the Minister shall, immediately, in writing,
	(a) inform the Corporation of the Minister's determination, and
	(b) specify the reasons why the proposal is not consistent with those charging principles in sufficient detail to enable the Corporation to modify its proposal so as to make it consistent with those charging principles without affecting projected total annual revenues
	and, if the Corporation modifies its proposal to the Minister's satisfaction, the Minister shall approve the modified proposal and immediately notify the Corporation in writing of the approval.
Announce- ment of approved charge	40. (1) Before imposing a new or revised charge that the Minister has approved under section 39, the Corporation shall make an announcement in accordance with this section.
Contents of announce- ment	(2) The announcement must
	(a) set out the new or revised charge; and
	(b) specify when the new or revised charge will become effective.
How announce- ment is to be made	(3) The Corporation shall
	(a) send, by mail or by electronic means, a copy of the announcement to
	(i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the new or revised charge, and
	(ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and
	(b) post an electronic version of the announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,
	and, after having done so, the Corporation shall file a copy of the announcement with the Agency.
When approved charge can be imposed	41. The Corporation may only impose a new or revised charge that has been approved by the Minister under section 39 after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.
	Appeal of Charges
Appeals	42. (1) Subject to this Act, charges by the Corporation for air navigation services may be appealed to the Agency.
No appeal	(2) No appeal may be made in respect of a charge imposed by the Corporation pursuant to section 33 or 41.
Grounds	43. An appeal may only be made on one or more of the following grounds:
	(a) that one or more of the charging principles set out in section 35 have not been observed in establishing the charge;
	(b) that the notice requirements in section 36 have not been complied with;
	(c) that the announcement requirements in section 37 have not been complied with; and
	(d) where subsection 37(2) applies, that, based on reasonable and prudent projections, the total annual revenue to be generated by the announced charge is greater than the total annual revenue to be generated by the charge as proposed in the notice.
Who may appeal	44. An appeal may be made by any user, group of users or representative organization of users.
Time for making appeal	45. (1) Subject to subsections (2) and (3), an appeal must be made within 30 days after the day the announcement required by section 37 in respect of the charge that is the subject of the appeal was filed with the Agency.
No notice	(2) Where no notice has been given under section 36 but an announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge must be made within 180 days after the announcement was filed with the Agency.
No announce- ment	(3) Where no announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge may be made at any time.
Effect of appeal	46. An appeal does not prevent the charge that is the subject of the appeal from becoming effective or prevent the Corporation from imposing the charge pending the outcome of the appeal, and the Agency may not make an order that prevents the charge from becoming effective or the Corporation from imposing the charge.
Form of appeal	47. An appeal must be made in the form and manner specified by the Agency.
Time for deciding appeal	48. The Agency shall decide an appeal as expeditiously as possible, but no later than 60 days after it is made, unless the Agency is of the opinion that there are special circumstances involved in the determination of the appeal, in which case the Agency has a further 30 days to decide the appeal.
Notification of decision	49. At the conclusion of an appeal, the Agency shall provide the parties to the appeal with written reasons for its decision.
Preponde- rance of evidence	50. The Agency shall only decide to allow an appeal based on the failure of the Corporation to observe a charging principle if it is satisfied on a preponderance of the evidence that the Corporation failed to observe that charging principle.
Order - charging principles not observed or no notice or announce- ment	51. (1) Where the Agency's decision is that one or more of the charging principles set out in section 35 have not been observed in establishing a new charge or revising an existing charge or that no notice under section 36 was given or no announcement under section 37 was made in respect of a new or revised charge, the Agency shall, as the case may be,
	(a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or
	(b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge.
Order - notice or announce- ment requirements not met	(2) Where the Agency's decision is that the requirements in section 36 or 37 have not been fully complied with in respect of a new or revised charge, the Agency may make such order, including an order requiring refunds, as it considers appropriate in the circumstances, having regard to the seriousness of the non-compliance.
Order - charge different	(3) Where the Agency's decision is that, based on reasonable and prudent projections, the total annual revenue to be generated by a charge set out in an announcement required under section 37 is greater than the total annual revenue to be generated by the charge as proposed in the notice required under section 36, the Agency shall, as the case may be,
	(a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or
	(b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge.
Manner of refund	(4) Where the Corporation is ordered to refund amounts, it may do so by way of credit or payment.
Crediting amounts	52. (1) Each time a user who is entitled to a refund under an order of the Agency is charged by the Corporation for air navigation services, the Corporation shall credit the user an amount not less than 10% of the charge, until the entire amount owing to the user is refunded.
Two year maximum	(2) The Corporation shall refund the entire amount owing to each user within two years after the date of the order of the Agency.
Decision final	53. A decision of the Agency pursuant to an appeal is final and binding and, notwithstanding any other Act of Parliament, no appeal lies from the decision.
National Transporta- tion Act, 1987	54. Sections 23, 29, 34, 35, 39, 40, 41, 43, 64 and 65 of the National Transportation Act, 1987 do not apply in respect of this Act.
	Liability for Payment
Joint and several liability	55. (1) The owner and operator of an aircraft are jointly and severally liable for the payment of any charge for air navigation services imposed by the Corporation in respect of the aircraft.
Meaning of ``owner''	(2) In subsection (1), ``owner'', in respect of an aircraft, includes
	(a) the person in whose name the aircraft is registered;
	(b) a person in possession of an aircraft as purchaser under a conditional sale or hire-purchase agreement that reserves to the vendor the title to the aircraft until payment of the purchase price or the performance of certain conditions;
	(c) a person in possession of the aircraft as chattel mortgagor under a chattel mortgage; and
	(d) a person in possession of the aircraft under a bona fide lease or agreement of hire.
	Seizure and Detention of Aircraft
Seizure and detention of aircraft	56. (1) In addition to any other remedy available for the collection of an unpaid and overdue charge imposed by the Corporation for air navigation services, and whether or not a judgment for the collection of the charge has been obtained, the Corporation may apply to the superior court of the province in which any aircraft owned or operated by the person liable to pay the charge is situated for an order, issued on such terms as the court considers appropriate, authorizing the Corporation to seize and detain any such aircraft until the charge is paid or a bond or other security for the unpaid and overdue amount in a form satisfactory to the Corporation is deposited with the Corporation.
Application may be ex parte	(2) An application for an order referred to in subsection (1) may be made ex parte if the Corporation has reason to believe that the person liable to pay the charge is about to leave Canada or take from Canada any aircraft owned or operated by the person.
Release	(3) The Corporation shall release from detention an aircraft seized under this section if
	(a) the amount in respect of which the seizure was made is paid;
	(b) a bond or other security in a form satisfactory to the Corporation for the amount in respect of which the seizure was made is deposited with the Corporation; or
	(c) an order of a court directs the Corporation to do so.
Exempt aircraft	57. (1) An order under section 56 does not apply if the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated.
State aircraft are exempt	(2) State aircraft are exempt from seizure and detention under an order issued under section 56.

Bill C-20

Special Approval of Charges

Appeal of Charges

Liability for Payment

Seizure and Detention of Aircraft