Aeronautics Act — A-2 7.62
Assurance of compliance — no notice served 7.62 (1) If the Minister has reasonable grounds to believe that a person who has not been served with a notice of violation under section 7.7 has committed a violation, the Minister may enter into an assurance of compliance with the person that (a) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period and subject to the terms and conditions specified in the assurance; (b) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister; and (c) sets out the penalty that the person would have been liable to pay for the violation if the assurance had not been entered into. Extension of period (2) The Minister may extend the period specified under paragraph (1)(a) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control. Deemed violation (3) A person who enters into an assurance of compliance is deemed to have committed the violation in respect of which the assurance was entered into, unless they request a review under subsection (4). Request for review (4) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default has been served under subsection (6), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review of the facts of the violation and the amount of the penalty is deemed to have been requested under section 7.91. Notice of compliance (5) If the Minister is satisfied that a person has complied with an assurance of compliance, the Minister shall cause a notice to that effect to be served 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 in respect of which the assurance was entered into; and (b) any security deposited under paragraph (1)(b) shall be returned to the person. Notice of default (6) If the Minister is of the opinion that a person has not complied with an assurance of compliance, the Minister shall cause a notice of default to be served on the person to the effect that (a) the person is liable to pay, within the time and in the manner specified in the notice of default, twice the amount of the penalty set out in the assurance without taking into account the limit specified in paragraph 7.6(1)(b); or (b) any security deposited under paragraph (1)(b) is forfeited to His Majesty in right of Canada. Contents of notice (7) The notice of default shall indicate the date, which shall be 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the address where the request may be filed and shall include the particulars concerning the procedure for requesting a review. No set-off or compensation (8) 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. Return of security (9) Any security deposited under subsection (1) shall be returned to the person if (a) a notice is served under subsection (6) and the person pays double the amount of the penalty set out in the assurance of compliance; or (b) a member determines under section 8 or an appeal panel decides under section 8.1 that the person has complied with the assurance. 2026, c. 3, s. 482