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Bill C-44

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49-50 ELIZABETH II

CHAPTER 38

[Assented to 18th December, 2001]

An Act to amend the Aeronautics Act

R.S., c. A-2

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Aeronautics Act is amended by adding the following after section 4.8:

Foreign states requiring information

4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, an operator of an aircraft departing from Canada or of a Canadian aircraft departing from any place outside Canada may, in accordance with the regulations, provide to a competent authority in a foreign state any information that is in its control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state.

Restriction - government institutions

(2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes.

Regulations

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

    (a) respecting the type or classes of information that may be provided; or

    (b) specifying the foreign states to which information may be provided.