Bill C-7

Administrative Penalties

Notices of Violation Without Penalty, Assurances of Compliance and Notices of Monetary Penalty

7.6 (1) If the Minister has reasonable grounds to believe that a person has committed a violation, the Minister may

(a) serve on the person a notice of violation without penalty that identifies the violation but indicates that no further proceedings will be taken against the person, and further sets out

(i) the period, which shall be 30 days after the day on which the notice is served, within which a review may be requested, and

(ii) particulars of how to request the review;

(b) enter into an assurance of compliance with the person that

(i) identifies the violation and provides that the person will comply with the provision to which the violation relates during the period, and be subject to the terms and conditions, specified in the assurance,

(ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and

(iii) sets out the amount that the Minister determines in accordance with the regulations that the person would have had to pay as the penalty for the violation if the assurance had not been entered into; or

(c) serve on the person a notice of monetary penalty that identifies the violation and sets out

(i) the amount that the Minister determines in accordance with the regulations that the person must pay as the penalty for the violation,

(ii) the date, which shall be 30 days after the day on which the notice is served, on or before which the penalty must be paid or a review requested, and

(iii) particulars of how the penalty is to be paid or the review requested.

(2) The Minister may extend the period specified under subparagraph (1)(b)(i) if the Minister is satisfied that the person with whom the assurance of compliance was entered into is unable to comply with it within that period for reasons beyond their control.

(3) The Minister may establish, in respect of any violation, a short-form description to be used in notices of violation without penalty, assurances of compliance and notices of monetary penalty.

7.61 If the Minister considers that an assurance of compliance has been complied with, the Minister shall serve a notice to that effect on the person and, on the service of the notice,

(a) no further proceedings may be taken against the person with respect to the violation; and

(b) any security deposited under subparagraph 7.6(1)(b)(ii) shall be returned to the person.

7.62 (1) If the Minister considers that a person who has entered into an assurance of compliance has not complied with it, the Minister may serve a notice of default on the person to the effect that, unless there is a determination under section 7.63 or a decision under section 7.68 that the assurance has been complied with,

(a) the person is liable to pay double the amount of the penalty set out in the assurance; or

(b) the security deposited under subparagraph 7.6(1)(b)(ii) is forfeited to Her Majesty in right of Canada.

(2) A notice of default shall include the date, which shall be 30 days after the day on which the notice is served, on or before which a request for review may be filed and particulars of how the request may be filed.

(3) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the assurance of compliance.

7.63 (1) A person served with a notice of default under subsection 7.62(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a request for a review.

(2) On receipt of the request, the Tribunal shall appoint a time and place for the review and notify the Minister and the person who filed the request of the time and place in writing.

(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

(4) The burden is on the Minister to establish that the person did not comply with the assurance of compliance referred to in the notice. The person is not required, and may not be compelled, to give any evidence or testimony in the matter.

(5) A person named in a notice of default does not have a defence that they exercised all due diligence to comply with the assurance of compliance.

(6) The member of the Tribunal may determine the matter by confirming the Minister’s decision or by determining that the person has complied with the assurance of compliance.

7.64 Any security deposited under subparagraph 7.6(1)(b)(ii) shall be returned to the person if

(a) the person pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice of default under section 7.62; or

(b) there is a determination under section 7.63 or a decision under section 7.68 that the assurance of compliance has been complied with.

7.65 (1) A person who is served with a notice of violation without penalty or who enters into an assurance of compliance is, unless a review is requested under subsection (2) or (3), deemed to have committed the violation in respect of which the notice was served or the assurance was entered into.

(2) A person served with a notice of violation without penalty may, within the period set out in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a request for a review of the facts of the violation, in which case sections 7.67 and 7.68 apply.

(3) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, and unless a notice of default is served within that period under section 7.62, request a review of the facts of the violation, in which case the assurance is deemed to be a notice of monetary penalty served under paragraph 7.6(1)(c) and they are deemed to have requested a review under paragraph 7.66(1)(b) of the facts of the violation and the amount of the penalty.

7.66 (1) A person served with a notice of monetary penalty under paragraph 7.6(1)(c) shall

(a) pay the amount of the penalty on or before the date set out in the notice; or

(b) at the address and on or before the date set out in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a request for a review of the facts of the violation or the amount of the penalty.

(2) If a review of the facts of a violation is not requested, the person is deemed to have committed the violation.

7.67 (1) On receipt of a request filed under subsection 7.65(2) or paragraph 7.66(1)(b), the Tribunal shall appoint a time and place for the review and notify the Minister and the person who filed the request of the time and place in writing.

(2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

(3) The burden is on the Minister to establish that the person committed the violation referred to in the notice. The person is not required, and may not be compelled, to give any evidence or testimony in the matter.

(4) The member of the Tribunal may determine the matter by confirming the Minister’s decision or, subject to regulations made under paragraph 8(b), substitute his or her own determination.

7.68 (1) The Minister or the person who requested the review may appeal a determination made under subsection 7.63(6) or 7.67(4) to the Tribunal within 30 days after the day on which the determination was made.

(2) A party that does not appear at a review hearing may not appeal a determination, unless they establish that there was sufficient reason to justify their absence.

(3) The appeal panel of the Tribunal may

(a) in the case of a determination made under subsection 7.63(6), dismiss the appeal or allow the appeal and substitute its own decision; or

(b) in the case of a determination made under subsection 7.67(4), dismiss the appeal, or allow the appeal and, subject to regulations made under paragraph 8(b), substitute its own decision.

7.69 If a contravention may be dealt with as a violation or as an offence or dealt with under section 6.9, proceedings may be commenced in respect of it as a violation or as an offence or it may be dealt with under section 6.9, but dealing with it in one of those three ways precludes dealing with it in the other two.

7.7 Section 126 of the Criminal Code does not apply in respect of a contravention of this Act that is designated as a violation under this Act.

Recovery of Debts

7.8 The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:

(a) unless a review of the amount of the penalty is requested under paragraph 7.66(1)(b), the amount of a penalty set out in a notice of monetary penalty, beginning on the day on which the notice was served;

(b) the amount that a notice of default served under subsection 7.62(1) provides that a person is liable to pay, beginning on the day on which the notice was served;

(c) the amount of a penalty determined by a member after a review under section 7.67 or decided by the Tribunal after an appeal under section 7.68, beginning on the day on which the respective determination or decision was made; and

(d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).

7.9 (1) All or part of a debt referred to in section 7.8 in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be.

(2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration.

Regulations

8. The Governor in Council may, by regulation,

(a) designate, as a violation that may be dealt with under this section and sections 7.6 to 7.9, the contravention of any provision of this Act or of any instrument, security measure or emergency direction made under this Act; and

(b) prescribe, in respect of a violation, the maximum amount payable, which may not exceed

(i) $50,000, in the case of an individual, or

(ii) $250,000, in the case of a corporation.

General Provisions

8.1 The Minister shall keep a public record of notations of suspension or cancellation of a Canadian aviation document under section 6.9, notations of violation and notations of notices of default under subsection 7.62(1) kept on any record that the Minister keeps respecting a person.

36. (1) Subsections 8.3(1) and (2) of the Act are replaced by the following:

8.3 (1) Any notation of a suspension by the Minister of a Canadian aviation document under section 6.9, notation of a violation or notation of a notice of default under subsection 7.62(1) shall, on application by the person affected, be removed from the record respecting that person kept by the Minister if

(a) at any time after the expiry of the suspension, the service of a notice of violation without penalty or notice of compliance or the payment of the amount of the monetary penalty, there has been a period of at least two years in which there has been no notation of a suspension under section 6.9 or violation in respect of that person; and

(b) in the opinion of the Minister, the removal from the record would not be contrary to the interests of aviation safety or security.

(2) The Minister shall, as soon as possible after receiving the application, serve a notice on the applicant of the Minister’s decision in relation to the application.

(2) Section 8.3 of the Act is amended by adding the following after subsection (4):

(5) The Minister shall remove from the affected person’s record any notation of a decision relating to a Canadian aviation document, of a violation or of a notice of default under subsection 7.62(1), as the case may be, in any of the following cases:

(a) a member of the Tribunal has substituted his or her determination for the Minister’s on review under subsection 6.9(8) or 7.67(4), as the case may be, with regard to whether the contravention or violation was committed, and the period for an appeal has expired;

(b) a member of the Tribunal has determined that the person has complied with an assurance of compliance under subsection 7.63(6), and the period for an appeal has expired;

(c) the Tribunal has on appeal substituted its decision for the Minister’s with regard to whether the contravention or violation was committed, or with regard to whether the assurance of compliance referred to in subsection 7.62(1) has been complied with; or

(d) the Minister has rescinded the decision on reconsideration of the matter.

37. Sections 8.4 and 8.5 of the Act are replaced by the following:

8.4 (1) The registered owner of an aircraft may be proceeded against in respect of, and found to have committed, a violation or offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the violation or offence, the aircraft was in the possession of a person other than the owner without the owner’s consent, and, if found to have committed the violation or offence, the owner is liable to the penalty provided as punishment for it.

(2) The operator of an aircraft may be proceeded against in respect of, and found to have committed, a violation or offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless, at the time of the violation or offence, the aircraft was in the possession of a person other than the operator without the operator’s consent, and, if found to have committed the violation or offence, the operator is liable to the penalty provided as punishment for it.

(3) The pilot-in-command of an aircraft may be proceeded against in respect of, and found to have committed, a violation or offence under this Part in relation to the aircraft for which another person is subject to be proceeded against unless the violation or offence was committed without the consent of the pilot-in-command, and, if found to have committed the violation or offence, the pilot-in-command is liable to the penalty provided as punishment for it.

(4) The operator of an aerodrome or other facility relating to aeronautics may be proceeded against in respect of, and found to have committed, a violation or offence under this Part in relation to the aerodrome or other facility for which another person is subject to be proceeded against unless the violation or offence was committed without the consent of the operator, and, if found to have committed the violation or offence, the operator is liable to the penalty provided as punishment for it.

(5) The provider of a service relating to aeronautics may be proceeded against in respect of, and found to have committed, a violation or offence under this Part in relation to the service for which another person is subject to be proceeded against unless the violation or offence was committed without the consent of the provider, and, if found to have committed the violation or offence, the provider is liable to the penalty provided as punishment for it.

8.5 No person may be found to have contravened a provision of this Part or of any instrument, security measure or emergency direction made under this Part, other than a provision set out in subsection 7.3(1) or 7.41(1), if they exercised all due diligence to prevent the contravention.

38. (1) Subsection 8.7(1) of the Act is replaced by the following:

8.7 (1) Subject to subsection (4), the Minister may

(a) enter, for the purposes of making inspections or audits relating to compliance with this Part, any aircraft, aerodrome or other facility relating to aeronautics, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the Canadian Air Transport Security Authority, regardless of whether the inspection or audit relates to that place or to the person who possesses or controls it;

(a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or copying;

(b) enter any place for the purposes of an investigation of matters concerning aviation safety or security;

(c) seize anything found in any place referred to in paragraph (a) or (b) that the Minister believes on reasonable grounds might be evidence with respect to a contravention of this Part or of an instrument, a security measure or an emergency direction made under this Part; and

(d) detain any aircraft that the Minister believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner or without the Canadian aviation documents required for the lawful operation of the aircraft, and take reasonable steps to ensure its continued detention.

(1.01) The Minister of Transport may exercise the powers set out in subsection (1) with regard to any matter relating to defence with the authorization of the Minister of National Defence.

(2) Paragraph 8.7(1.1)(a) of the Act is replaced by the following:

(a) use or cause to be used any computer system, data processing system or other electronic system at the place to examine any data contained in, or available to, the system;

(3) Subsection 8.7(2) of the French version of the Act is replaced by the following:

39. Paragraph 8.8(b) of the Act is replaced by the following:

(b) provide the Minister with any information relevant to the administration of this Part and the instruments, security measures or emergency directions made under this Part that the Minister might reasonably require.

40. The Act is amended by adding the following after section 8.8:

8.9 The provisions of section 28 of the Canadian Transportation Accident Investigation and Safety Board Act relating to on-board recordings — within the meaning of that section — originating from the flight deck of an aircraft, or received on or in the flight deck of an aircraft, apply with any necessary modifications in respect of an investigation by the Minister concerning aviation safety or security.

41. The Act is amended by adding the following after section 9:

PART II

MILITARY INVESTIGATIONS INVOLVING CIVILIANS

Interpretation

10. (1) The following definitions apply in this Part.

“civilian” means a person who is not subject to the Code of Service Discipline set out in Part III of the National Defence Act, or who is subject to the Code of Service Discipline but in the circumstances is not acting in the course of their duties.

“department” means

(a) any department of the Government of Canada, including the minister responsible for it and any person acting on behalf of that minister;

(b) any body listed in the schedule to the Canadian Transportation Accident Investigation and Safety Board Act; and

(c) any fact-finding authority, body or person established or appointed by such a department, minister, person or body.

“military-civilian occurrence” means

(a) any accident or incident involving

(i) an aircraft operated by or on behalf of the Department of National Defence, the Canadian Forces or a visiting force, or an installation operated by or on behalf of any of the above that is designed or used to manufacture an aircraft or other aeronautical product, or that is being used for the operation or maintenance of an aircraft or other aeronautical product, and

(ii) a civilian; or

(b) any situation or condition that the Airworthiness Investigative Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a).

“visiting force” means a visiting force as defined in section 2 of the Visiting Forces Act.

(2) This section and sections 11 to 24.6 apply in respect of military-civilian occurrences

(a) in or over Canada;

(b) in or over any place that is under Canadian air traffic control; and

(c) in or over any other place in any of the following cases:

(i) Canada is requested to investigate the occurrence by an appropriate authority,

(ii) the civilians involved are employed in that place by the Department of National Defence or by the Canadian Forces, or

(iii) the civilians involved are in Canada.

Airworthiness Investigative Authority

11. (1) The Minister shall designate from among the members of the Canadian Forces or the employees of the Department of National Defence an individual to be the Airworthiness Investigative Authority, who is to be responsible for advancing aviation safety by

(a) investigating military-civilian occurrences in order to find their causes and contributing factors;

(b) identifying safety deficiencies as evidenced by military-civilian occurrences;

(c) making recommendations designed to eliminate or reduce any of those safety deficiencies; and

(d) publishing reports on the investigations and the findings in relation to them.

(2) In making findings in an investigation of a military-civilian occurrence, it is not the Airworthiness Investigative Authority’s function to assign fault or determine civil or criminal liability, but the Airworthiness Investigative Authority shall not refrain from making a full report merely because fault or liability might be inferred from the Airworthiness Investigative Authority’s findings.

(3) No finding of the Airworthiness Investigative Authority may be construed as assigning fault or determining civil or criminal liability.

(4) The Airworthiness Investigative Authority’s findings are not binding on the parties to any legal, disciplinary or other proceedings.

Investigations of Military-Civilian Occurrences

Investigations

12. (1) The Airworthiness Investigative Authority may act as an investigator under this Part with respect to a military-civilian occurrence, and may designate as an investigator to investigate such an occurrence in accordance with this Part on the Airworthiness Investigative Authority’s behalf any person, or member of a class of persons, that the Airworthiness Investigative Authority considers qualified.

(2) The Airworthiness Investigative Authority shall give a designated investigator a certificate specifying the terms and conditions of their designation.

(3) A designated investigator shall report to the Airworthiness Investigative Authority with respect to the investigation of a military-civilian occurrence.

13. (1) The following definitions apply in this section.

“information” includes a record regardless of form and a copy of a record.

“place” includes an aircraft, any premises and any building or other structure erected on those premises.

(2) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the investigator may, subject to subsection (3), enter and search that place for such a thing, and seize any such thing that is found in the course of that search.

(3) An investigator shall not exercise the powers referred to in subsection (2) in relation to a particular place without the consent of the person apparently in charge of that place unless

(a) those powers are exercised under the authority of a warrant; or

(b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant.

(4) If a justice of the peace is satisfied by information on oath that an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the justice may, on ex parte application, issue a warrant signed by the justice authorizing the investigator to enter and search that place for such a thing and to seize any such thing that is found in the course of that search.

(5) The procedure set out in section 487.1 of the Criminal Code applies in relation to the obtaining of warrants under this section, subject to regulations made under paragraph 24.4(1)(g).

(6) If any thing is seized by an investigator under subsection (2), the investigator

(a) may, subject to paragraph (b), cause to be conducted on the thing any tests, including tests to destruction, that are necessary for the purposes of the investigation;

(b) shall, to the extent practical and safe to do so without unreasonably impeding the progress of the investigation,

(i) take all reasonable measures to invite the owner of the thing, and any person who appears on reasonable grounds to be entitled to it, to be present at such tests, and

(ii) allow them to be present at those tests; and

(c) subject to the need to conduct such tests, shall cause the thing to be preserved pending its return under section 15.

(7) An investigator may, in the course of an investigation of a military-civilian occurrence, and for the purposes of preserving and protecting any thing involved or likely to have been involved, whether or not the thing has been seized under this section, prohibit or limit access to the area immediately surrounding the place at which the thing is located for any period that is necessary for the purposes of the investigation.

(8) In exercising the power conferred by subsection (7), an investigator shall have regard to the desirability of minimizing any resulting disruption to transportation services.

(9) No person shall knowingly enter an area in contravention of a prohibition or limitation of access under subsection (7).

(10) An investigator may do any of the following by notice signed by them, if their belief is based on reasonable grounds:

(a) if the investigator believes that a person has information relevant to an investigation,

(i) require the person to produce the information to the investigator or to attend before the investigator and give a statement referred to in section 24, under oath or solemn affirmation if required by the investigator, and

(ii) make any copies of and take any extracts from the information that the investigator considers necessary for the purposes of the investigation;

(b) require a person who is directly or indirectly involved in the operation of an aircraft to submit to a medical examination, if the investigator believes that the examination is or might be relevant to the investigation;

(c) require a physician or practitioner to provide information concerning a patient to the investigator, if the investigator believes that the information is or might be relevant to the investigation; or

(d) require the person who has custody of the body of a deceased person or other human remains to permit the performance of an autopsy on the body or another medical examination on the remains, and cause it to be performed, if the investigator believes that the autopsy or other medical examination is or might be relevant to the investigation.

(11) No person shall refuse or fail to produce information to an investigator, or to attend before an investigator and give a statement, in accordance with a requirement imposed under paragraph (10)(a), to provide information in accordance with a requirement imposed under paragraph (10)(c) or to make the body of a deceased person or other human remains available for the performance of an autopsy or medical examination in accordance with a requirement imposed under paragraph (10)(d).

(12) No person shall refuse or fail to submit to a medical examination in accordance with a requirement imposed under paragraph (10)(b), but information obtained as a result of such an examination is privileged and, subject to the Airworthiness Investigative Authority’s power to make any use of it that the Airworthiness Investigative Authority considers necessary in the interests of aviation safety, no person shall knowingly communicate it or permit it to be communicated to any person.

(13) No person may be required to produce information referred to in subsection (12) or to give evidence relating to it in any legal, disciplinary or other proceedings.

(14) Before acting under this section, an investigator shall, on request, produce their certificate of designation to any person in relation to whom the investigator acts.

(15) The requirement under paragraph (10)(b) that a person submit to a medical examination does not require the person to submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance.

(16) For greater certainty, a thing seized under subsection (2) may be an aircraft or part of one.

(17) In executing a warrant under this section, an investigator shall not use force unless the investigator is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

(18) If an investigator has required a person to do something under paragraph (10)(a), (b), (c) or (d) and the person has refused or failed to do as required, the investigator may make an application to the Federal Court or a superior court of a province setting out the facts, and the court may inquire into the matter and, after giving the person an opportunity to comply with the requirement, take steps for their punishment as if they had been guilty of contempt of the court, or may make any other order that it finds appropriate.

14. An investigator may exercise the powers granted under section 13 only in respect of a civilian.

15. (1) Anything seized under section 13 — except on-board recordings as defined in subsection 22(1) — shall, as soon as possible after it has served the purpose for which it was seized, be returned to the owner or the person who appears on reasonable grounds to be entitled to it, or to the person from whom it was seized, unless

(a) the owner or the person who appears on reasonable grounds to be entitled to it consents otherwise in writing; or

(b) a court of competent jurisdiction orders otherwise.

(2) A person from whom anything was seized under section 13 — except on-board recordings as defined in subsection 22(1) — or the owner or any other person who appears on reasonable grounds to be entitled to it may apply to a court of competent jurisdiction for an order that the seized thing be returned to them.

(3) If, on an application under subsection (2), the court is satisfied that the seized thing has served the purpose for which it was seized or should, in the interests of justice, be returned to the applicant, the court may grant the application and order the seized thing to be returned to the applicant, subject to any terms or conditions that appear necessary or desirable to ensure that the thing is safeguarded and preserved for any purpose for which it might subsequently be required by the Airworthiness Investigative Authority under this Act.

(4) This section does not apply in respect of anything seized and tested to destruction in accordance with subsection 13(6).

Administration

16. (1) If a department is notified of a military-civilian occurrence, the department shall

(a) immediately provide the Airworthiness Investigative Authority with particulars of the occurrence; and

(b) as soon as possible after complying with paragraph (a), advise the Airworthiness Investigative Authority of any investigation that it plans to conduct and of any remedial measures that it plans to take.

(2) An investigator authorized by the Airworthiness Investigative Authority may attend as an observer at an investigation conducted by the department or during the taking of remedial measures by the department following a military-civilian occurrence.

(3) Subject to any other Act or law, the Airworthiness Investigative Authority shall, on request, be provided with, and may review and comment on, any interim or final report prepared in respect of an investigation conducted by the department.

17. (1) If the Airworthiness Investigative Authority is notified of a military-civilian occurrence, the Airworthiness Investigative Authority shall

(a) immediately provide particulars of the occurrence to any minister responsible for a department that has a direct interest in the occurrence; and

(b) as soon as possible after complying with paragraph (a), advise the ministers referred to in paragraph (a) of any investigation that the Airworthiness Investigative Authority plans to conduct and of its scope.

(2) Subject to any conditions that the Airworthiness Investigative Authority imposes, a person may attend as an observer at an investigation of a military-civilian occurrence conducted by the Airworthiness Investigative Authority if the person

(a) is designated as an observer by the minister responsible for a department that has a direct interest in the subject-matter of the investigation;

(b) has observer status or is an accredited representative or an adviser to an accredited representative, pursuant to an international agreement or convention relating to transportation to which Canada is a party; or

(c) is invited by the Airworthiness Investigative Authority to attend as an observer because, in the Airworthiness Investigative Authority’s opinion, the person has a direct interest in the subject-matter of the investigation and is likely to contribute to achieving its object.

(3) The Airworthiness Investigative Authority may remove an observer from an investigation if the observer contravenes a condition imposed by the Airworthiness Investigative Authority on the observer’s presence or if, in the Airworthiness Investigative Authority’s opinion, the observer’s participation is likely to create a situation of conflict of interest that will impede the conduct of the investigation.

18. (1) On completion of an investigation, the Airworthiness Investigative Authority shall prepare and make available to the public a report on the Airworthiness Investigative Authority’s findings, including any safety deficiencies that the Airworthiness Investigative Authority has identified and any recommendations that the Airworthiness Investigative Authority considers appropriate and that relate to aviation safety.

(2) Before publishing a report under subsection (1), the Airworthiness Investigative Authority shall, on a confidential basis, send a copy of the draft report on the investigation’s findings and any safety deficiencies identified to each minister responsible for a department that has a direct interest in the findings, as well as to any other person who, in the Airworthiness Investigative Authority’s opinion, has a direct interest in the findings, and shall give that minister or other person a reasonable opportunity to make representations to the Airworthiness Investigative Authority with respect to the draft report before the final report is prepared.

(3) No person shall communicate or use the draft report, or permit its communication or use, for any purpose — other than the taking of remedial measures — that is not strictly necessary to the study of the draft report or to the preparation of representations concerning it.

(4) The Airworthiness Investigative Authority shall

(a) receive representations made under subsection (2) in any manner the Airworthiness Investigative Authority considers appropriate;

(b) keep a record of those representations;

(c) consider those representations before publishing the final report; and

(d) notify in writing each of the persons who made those representations, indicating how the Airworthiness Investigative Authority has disposed of the representations that that person made.

(5) A representation is privileged, except for one made by a minister responsible for a department that has a direct interest in the findings of the investigation. Subject to any other provisions of this Part or to a written authorization from the author of a representation, no person, including any person to whom access is provided under this section, shall knowingly communicate it or permit it to be communicated to any person.

(6) The Airworthiness Investigative Authority may use representations as the Airworthiness Investigative Authority considers necessary in the interests of aviation safety.

(7) If requested to do so by a coroner conducting an investigation into any circumstances in respect of which representations were made to the Airworthiness Investigative Authority, the Airworthiness Investigative Authority shall make them available to the coroner.

(8) Except for use by a coroner for the purpose of an investigation, no person may use representations in any legal, disciplinary or other proceedings.

(9) The Airworthiness Investigative Authority shall

(a) during an investigation of a military-civilian occurrence, immediately notify in writing any minister or person who, in the Airworthiness Investigative Authority’s opinion, has a direct interest in the investigation’s findings of any of its findings and recommendations, whether interim or final, that, in the Airworthiness Investigative Authority’s opinion, require urgent action; and

(b) on completion of the investigation, notify in writing those ministers and persons of its findings as to the causes and contributing factors of the military-civilian occurrence, any safety deficiencies it has identified and any recommendations resulting from its findings.

(10) A minister who is notified of the findings and recommendations of an investigation under paragraph (9)(a) or (b) shall, within 90 days after the day on which they were notified,

(a) advise the Airworthiness Investigative Authority in writing of any action taken or proposed to be taken in response to those findings and recommendations; or

(b) provide written reasons to the Airworthiness Investigative Authority if no action will be taken or if the action to be taken differs from the action that was recommended.

In either case, that minister shall make the reply available to the public.

(11) If obligations are imposed on the Minister of National Defence under subsection (10), those obligations are subject to any restrictions in the interests of national security that are provided by the National Defence Act or by regulations made under that Act, or that the Governor in Council prescribes by order, which the Governor in Council is hereby authorized to do.

(12) If the Airworthiness Investigative Authority is satisfied that a minister is unable to reply within the period referred to in subsection (10), the period may be extended as the Airworthiness Investigative Authority considers necessary.

19. (1) The Airworthiness Investigative Authority shall, on a confidential basis, provide an interim report on the progress and findings of an investigation

(a) to any minister responsible for a department that has a direct interest in the subject-matter of the investigation, on written request made in respect of that investigation; and

(b) to any coroner investigating the military-civilian occurrence, if it involved a death and significant progress has been made in the investigation.

(2) A person, other than a minister, who is provided with an interim report under subsection (1) shall not use the report, or permit its use, for any purpose not strictly necessary to its examination.

20. (1) The Airworthiness Investigative Authority may, at any time, reconsider any findings and recommendations made pursuant to an investigation of a military-civilian occurrence under this Part, whether or not the Airworthiness Investigative Authority has made public a report of those findings and recommendations.

(2) The Airworthiness Investigative Authority shall reconsider the findings and recommendations made pursuant to an investigation under this Part if, in the Airworthiness Investigative Authority’s opinion, new material facts appear.

21. (1) Subject to subsection (2), the Airworthiness Investigative Authority may authorize any person, subject to any limitations specified in the authorization, to exercise or perform any of the powers, duties or functions conferred or imposed on the Airworthiness Investigative Authority under this Part, other than the power of authorization under this subsection.

(2) The authorization may be revoked by the Airworthiness Investigative Authority in writing at any time.

Privilege

22. (1) In this section, “on-board recording” means the whole or any part of

(a) a recording of voice communications originating from an aircraft, or received on or in the flight deck of an aircraft, or

(b) a video recording of the activities of the operating personnel of an aircraft,

that is made, using recording equipment that is intended to not be controlled by the operating personnel, on the flight deck of the aircraft, and includes a transcript or substantial summary of such a recording.

(2) Every on-board recording is privileged and, except as provided by this section, no person, including any person to whom access is provided under this section, shall knowingly communicate an on-board recording or permit it to be communicated to any person.

(3) Except as provided by this section, no person may be required to produce an on-board recording or to give evidence relating to it in any legal, disciplinary or other proceedings.

(4) Any on-board recording that relates to a military-civilian occurrence being investigated under this Part shall be released to an investigator who requests it for the purposes of the investigation.

(5) The Airworthiness Investigative Authority may make any use that the Airworthiness Investigative Authority considers necessary in the interests of aviation safety of any on-board recording obtained by an investigator under this Part but, subject to subsection (6), shall not knowingly communicate or permit to be communicated to anyone any portion of it that is unrelated to the causes or contributing factors of the military-civilian occurrence under investigation or to the identification of safety deficiencies.

(6) The Airworthiness Investigative Authority shall make available any on-board recording obtained in the course of an investigation of a military-civilian occurrence

(a) to a coroner who requests access to it for the purpose of an investigation that the coroner is conducting;

(b) to any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act; or

(c) to a board of inquiry convened under section 45 of the National Defence Act by the Minister, if he or she requests that the recording be made available, the occurrence did not take place in or over Canada and it involved an aircraft operated by the Canadian Forces.

(7) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of an on-board recording is made, the court or coroner shall

(a) cause notice of the request to be given to the Airworthiness Investigative Authority, if the Airworthiness Investigative Authority is not a party to the proceedings;

(b) in camera, examine the on-board recording and give the Airworthiness Investigative Authority a reasonable opportunity to make representations with respect to it; and

(c) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the on-board recording by virtue of this section, order the production and discovery of the on-board recording, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it.

(8) An on-board recording may not be used against any of the following persons in disciplinary proceedings, in proceedings relating to the capacity or competence of an officer or employee to perform the officer’s or employee’s functions, or in legal or other proceedings: air traffic controllers, aircraft crew members, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters.

(9) For the purposes of subsection (7), “court” includes a person or persons appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act.

23. (1) In this section, “communication record” means the whole or any part of any record, recording, copy, transcript or substantial summary of any type of communications respecting air traffic control or related matters that take place between any of the following persons: air traffic controllers, aircraft crew members, airport vehicle operators, flight serv­ice station specialists and persons who relay messages respecting air traffic control or related matters.

(2) A communication record obtained in the course of an investigation of a military-civilian occurrence under this Part may not be used against any person referred to in subsection (1) in any legal proceedings or, subject to any applicable collective agreement, in any disciplinary proceedings.

24. (1) For the purposes of this section and section 13, “statement” means

(a) the whole or any part of an oral, written or recorded statement relating to a military-civilian occurrence and given by the author of the statement to the Airworthiness Investigative Authority, an investigator or any person acting for the Airworthiness Investigative Authority;

(b) a transcription or substantial summary of a statement referred to in paragraph (a); or

(c) conduct that could reasonably be taken to be intended as such a statement.

(2) A statement and the identity of the person who made it are privileged, and, except as provided by this Part or as authorized in writing by the person who made the statement, no person, including any person to whom access is provided under this section, shall knowingly communicate a statement or permit it to be communicated to any person, or disclose the identity of the person who made it.

(3) The Airworthiness Investigative Authority may use any statement as he or she considers necessary in the interests of aviation safety.

(4) The Airworthiness Investigative Authority shall make statements available to

(a) a coroner who requests access to them for the purpose of an investigation that the coroner is conducting; and

(b) any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act.

(5) Despite anything in this section, if, in any proceedings before a court or coroner, a request for the production and discovery of a statement is contested on the ground that it is privileged, the court or coroner shall

(a) in camera, examine the statement; and

(b) if the court or coroner concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the privilege attached to the statement by virtue of this section, order the production and discovery of the statement, subject to any restrictions or conditions that the court or coroner considers appropriate, and may require any person to give evidence that relates to it.

(6) A statement may not be used against the person who made it in any legal, disciplinary or other proceedings except in a prosecution for perjury or for giving contradictory evidence or a prosecution under section 24.5.

(7) For the purposes of subsection (5), “court” includes a person or persons appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act.

24.1 (1) The Governor in Council may, on the recommendation of the Minister of National Defence, make regulations for the establishment and administration of systems for the mandatory or voluntary reporting by civilians to the Airworthiness Investigative Authority of military-civilian occurrences or any classes of them that are specified in the regulations.

(2) The Airworthiness Investigative Authority may, subject to this section, use any report made under regulations made under subsection (1) as the Airworthiness Investigative Authority considers necessary in the interests of aviation safety.

(3) Regulations made under subsection (1) may provide for the protection of the identity of persons who report military-civilian occurrences.

(4) If a person’s identity is protected by provisions referred to in subsection (3), information that could reasonably be expected to reveal that identity is privileged, and no person shall knowingly communicate it or permit it to be communicated to any person.

(5) No person may be required to produce information that could reasonably be expected to reveal the identity of a person who has made a report under regulations made under subsection (1), or to give evidence relating to the information in any legal, disciplinary or other proceedings.

(6) A report made under a voluntary reporting system established by regulations made under subsection (1) may not be used against the person who made the report in any legal, disciplinary or other proceedings if the person’s identity is protected by provisions referred to in subsection (3).

Evidence of Airworthiness Investigative Authority and of Investigators

24.2 Except for proceedings before and investigations by a coroner, neither the Airworthiness Investigative Authority nor an investigator is competent or compellable to appear as a witness in any proceedings unless the court or other person or body before whom the proceedings are conducted orders so for special cause.

24.3 An opinion of the Airworthiness Investigative Authority or an investigator is not admissible in evidence in any legal, disciplinary or other proceedings.

Regulations

24.4 (1) The Governor in Council may, on the recommendation of the Minister of National Defence, make regulations

(a) prescribing the manner of exercising or carrying out any of the powers, duties and functions of an investigator designated under subsection 12(1);

(b) respecting the keeping and preservation of records, documents and other evidence relating to military-civilian occurrences;

(c) respecting the attendance of interested persons at tests to destruction conducted under subsection 13(6);

(d) defining, for the purposes of an investigation of a military-civilian occurrence, the site or sites of such an occurrence and prescribing rules for the protection of those sites;

(e) defining the rights or privileges of persons attending investigations as observers or with observer status;

(f) respecting the tariff of fees and expenses to be paid to any witness attending at an investigation of a military-civilian occurrence, and the conditions under which a fee or expenses may be paid to such a witness; and

(g) respecting the forms of warrants issued under section 13 and the modifications to be made to section 487.1 of the Criminal Code in its application to section 13.

(2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under subsection (1) or section 24.1 shall be published in the Canada Gazette at least 60 days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those 60 days to make representations with respect to it to the Minister of National Defence.

(3) Subsection (2) does not apply in respect of a proposed regulation that

(a) has previously been published under that subsection, whether or not it has been changed as a result of representations made under that subsection; or

(b) makes no substantive change to an existing regulation.

Offences

24.5 (1) Every person who

(a) contravenes subsection 13(9), (11) or (12),

(b) without lawful excuse, wilfully resists or otherwise obstructs an investigator in the execution of powers or duties under this Part,

(c) knowingly gives false or misleading information at any investigation of a military-civilian occurrence under this Part, or

(d) makes a report under section 24.1 that they know to be false or misleading

is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction.

(2) Every person who contravenes a provision of this Part, or of the regulations made under this Part, for which no punishment is specified is guilty of an offence punishable on summary conviction.

24.6 (1) Subject to subsections (2) and (3),

(a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power under section 13 and stating the results of the exercise of the power, or

(b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator under subsection 13(10)

is admissible in evidence in any prosecution for an offence under this Part without proof of the signature or official character of the person appearing to have signed the report or certified the document and is, in the absence of evidence to the contrary, proof of the statements contained in the report or proof of the contents of the document.

(2) No report or document shall be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document.

(3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.

Military Investigations under Part I

24.7 Subsections 18(1) to (9), the provisions of sections 22, 23 and 24 relating to on-board recordings, communication records and statements, within the meaning of those respective sections, and the provisions of section 24.1 relating to reporting by civilians under that section apply, with any necessary modifications, in respect of an investigation of an accident or incident relating to aeronautics that the Minister of National Defence has directed the Airworthiness Investigative Authority to carry out other than an investigation of a military-civilian occurrence.

42. Sections 26 to 28 of the Act are replaced by the following:

26. (1) No measures under section 6.9, proceedings for a violation or proceedings by way of summary conviction under this Act may be instituted later than 12 months after the time when the subject-matter of the measures or proceedings arose.

(2) The Governor in Council may by regulation specify provisions in respect of which measures under section 6.9, proceedings for a violation or proceedings by way of summary conviction may be instituted within 12 months after the day on which the Minister became aware of the subject-matter of the measures or proceedings.

(3) A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of the subject-matter of the contravention, violation or offence is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the subject-matter on that day.

27. (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister of Transport, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document,

(a) evidence of the original document of which it purports to be a copy;

(b) evidence that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if the certified copy states a time; and

(c) evidence that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

(2) In any action or proceeding under this Act, any certificate purporting to be signed by the Minister of Transport or the Secretary of the Department of Transport — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — stating that a document, authorization or exemption under this Act

(a) has or has not been issued to or in respect of any person named in the certificate or in respect of any aeronautical product, aerodrome, other facility, equipment or service identified in the certificate, or

(b) having been issued to or in respect of any person named in the certificate or in respect of any aeronautical product, aerodrome, other facility, equipment or service identified in the certificate, has expired, or has been cancelled or suspended as of a date stated in the certificate, and stating, in the case of a suspension, the period of the suspension,

is evidence of the facts stated in it, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof of the certificate.

28. In any action or proceeding under this Act, an entry in any record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record or, if the record was kept in respect of an aeronautical product, an aerodrome, another facility relating to aeronautics, aeronautical equipment or a service relating to aeronautics, against the owner, operator or provider, as the case may be, of the product, aerodrome, other facility, equipment or service.

Review of Regulations

29. The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.

CONSEQUENTIAL AMENDMENTS

Access to Information Act

43. Schedule II to the Access to Information Act is amended by replacing the reference to “subsections 4.79(1) and 6.5(5)” oppo­site the reference to the “Aeronautics Act” with a reference to “subsection 4.79(1), sections 5.392 and 5.393, subsections 5.394(2), 5.397(2), 6.5(5), 22(2) and 24.1(4) and section 24.7”.

Canada Transportation Act

44. The portion of subsection 180(2) of the Canada Transportation Act before paragraph (a) is replaced by the following:

(2) Sections 7.8 to 8.2 of the Aeronautics Act, as those sections read on April 3, 2006, apply to the contravention of a provision, requirement or condition designated under section 177, with any modifications that are necessary, and a reference in any of those provisions or in any document issued under any of those provisions to

Canadian Transportation Accident Investigation and Safety Board Act

45. Subsection 18(4) of the Canadian Transportation Accident Investigation and Safety Board Act is replaced by the following:

(4) Where a transportation occurrence referred to in subsection (3) is being investigated by the Board and by the Department of National Defence, the Canadian Forces or a visiting force, the Board and the Minister of National Defence — or the Airworthiness Investigative Authority designated under section 11 of the Aeronautics Act, as the case may be — shall take all reasonable measures to ensure that the investigations are coordinated.

Public Service Superannuation Act

46. The definition “air traffic controller” in section 15 of the Public Service Superannuation Act is replaced by the following:

“air traffic controller” means a contributor who is or was licensed as an air traffic controller pursuant to regulations made under subparagraph 4.9(a)(i) of the Aeronautics Act;

TRANSITIONAL PROVISIONS

47. (1) On the coming into force of Part II of the Aeronautics Act (referred to in this section as “the Act”), as enacted by section 41 of this Act, that Part applies to any investigation already begun of an accident or incident relating to aeronautics that would have been a military-civilian occurrence within the meaning of that Part, and the Airworthiness Investigative Authority designated by the Minister of National Defence under section 11 of the Act shall continue the investigation in accordance with that Part.

(2) If, on the coming into force of Part II of the Act, an investigation referred to in subsection (1) has been completed but no report on it has been made, then, on the coming into force of that Part, subsections 18(1) to (9) of the Act and the provisions of sections 22, 23 and 24 of the Act relating to on-board recordings, communication records and statements, within the meaning of those respective sections, and the provisions of section 24.1 of the Act relating to reporting by civilians under that section 24.1 apply.

48. If, on the coming into force of Part II of the Aeronautics Act (referred to in this section as “the Act”), as enacted by section 41 of this Act, an investigation by or under the authority of the Minister of National Defence of an accident or incident relating to aeronautics that would not have been a military-civilian occurrence within the meaning of that Part has been begun, or one has been completed but no report on it has been made, then, on the coming into force of that Part, subsections 18(1) to (9) of the Act and the provisions of sections 22, 23 and 24 of the Act relating to on-board recordings, communication records and statements, within the meaning of those respective sections, and the provisions of section 24.1 of the Act relating to reporting by civilians under that section 24.1 apply.

COMING INTO FORCE

49. (1) The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

(2) Despite subsection (1), sections 5.31 to 5.38 of the Aeronautics Act, as enacted by section 12 of this Act, come into force three years after the day on which this Act receives royal assent.