GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Aeronautics Act — A-2 8.2
Registration of certificate 8.2 (1) On production in any superior court, a certificate issued under section 8.11 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by His Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate. Recovery of costs and charges (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1). Amounts received deemed public moneys (3) An amount received by the Minister or the Tribunal under this section shall be deemed to be public money within the meaning of the Financial Administration Act . R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 42 2026, c. 3, s. 491
Aeronautics Act — A-2 8.3
Records 8.3 (1) Any notation of a suspension by the Minister of a Canadian aviation document under this Act or of a penalty imposed in accordance with sections 7.6 to 8.2 shall, on application by the person affected by the suspension or penalty, be removed from the record respecting that person kept by the Minister after the expiration of two years from the date the suspension expires or the penalty amount has been paid unless (a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security; or (b) a suspension or penalty under this Act has been recorded by the Minister in respect of that person after that date. Notice of decision (2) The Minister shall, as soon as practicable after the receipt of an application under subsection (1), by personal service or by registered or certified mail, notify the applicant of the decision of the Minister in relation thereto. Application of certain provisions (3) Subsections 7.1(3) to (8) and section 7.2 apply, with any modifications that the circumstances require, in respect of a decision of the Minister referred to in subsection (2). Repeat of applications limited (4) No application under subsection (1) shall be considered by the Minister within two years from the date of a previous application under that subsection in respect of the same applicant. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5; 2001, c. 29, s. 43; 2004, c. 15, s. 19
Aeronautics Act — A-2 8.6
Admissibility of evidence 8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Part, and sections 320.31 to 320.34 of the Criminal Code apply to those proceedings with any modifications that the circumstances require. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 3; 2008, c. 6, s. 55; 2018, c. 21, s. 39
Aeronautics Act — A-2 8.8
Duty to assist Minister 8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall (a) give the Minister all reasonable assistance to enable the Minister to carry out the inspection or audit and exercise any power conferred on the Minister by that subsection; and (b) provide the Minister with any information relevant to the administration of this Act or the regulations, notices, orders, security measures or emergency directions made under this Part that the Minister may reasonably require. 2004, c. 15, s. 22
Aeronautics Act — A-2 9
Regulations establishing compensation payable for death or injury 9 (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the federal public administration or employed under the direction of any department in the federal public administration that results directly from a flight undertaken by that person in the course of duty in the federal public administration. Idem (2) Regulations made under subsection (1) shall not extend to the payment of compensation for any death or injury in respect of which provision for the payment of other compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept the compensation instead of the other compensation, gratuity or pension under that other Act. R.S., 1985, c. A-2, s. 9; R.S., 1985, c. 33 (1st Supp.), s. 1; 2003, c. 22, s. 89
Aeronautics Act — A-2 10
Definitions 10 (1) The following definitions apply in this Part. Authority means the Airworthiness Investigative Authority designated under subsection 12(1). ( directeur ) civilian means a person who is not subject to the Code of Service Discipline set out in Part III of the National Defence Act . ( civil ) 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. ( ministère ) 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 for the manufacture of 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 Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a). ( accident militaro-civil ) visiting force has the same meaning as in section 2 of the Visiting Forces Act . ( force étrangère présente au Canada ) Application (2) This section and sections 11 to 24.7 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. R.S., 1985, c. A-2, s. 10; R.S., 1985, c. 33 (1st Supp.), s. 1; 2014, c. 29, s. 19
Aeronautics Act — A-2
Authority means the Airworthiness Investigative Authority designated under subsection 12(1). ( directeur )
Aeronautics Act — A-2
civilian means a person who is not subject to the Code of Service Discipline set out in Part III of the National Defence Act . ( civil )
Aeronautics Act — A-2 (a)
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. ( ministère )
Aeronautics Act — A-2 (a)
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 for the manufacture of 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 Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a). ( accident militaro-civil )
Aeronautics Act — A-2
visiting force has the same meaning as in section 2 of the Visiting Forces Act . ( force étrangère présente au Canada )
Aeronautics Act — A-2 11
Power 11 The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister specifies, any of the powers, duties or functions of the Minister under this Part. R.S., 1985, c. A-2, s. 11; R.S., 1985, c. 33 (1st Supp.), s. 1; 2014, c. 29, s. 19
Aeronautics Act — A-2 12
Airworthiness Investigative Authority 12 (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) providing reports to the Minister on the investigations and the findings in relation to them. Restriction (2) In making findings in an investigation of a military-civilian occurrence, it is not the Authority’s function to assign fault or determine civil or criminal liability, but the Authority shall not refrain from making a full report merely because fault or liability might be inferred from the Authority’s findings. Restriction (3) No finding of the Authority may be construed as assigning fault or determining civil or criminal liability. Findings not binding (4) The Authority’s findings are not binding on the parties to any legal, disciplinary or other proceedings. R.S., 1985, c. A-2, s. 12; R.S., 1985, c. 33 (1st Supp.), s. 2, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 13
Investigators 13 (1) The 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 Authority’s behalf any person, or member of a class of persons, that the Authority considers qualified. Certificate (2) The Authority shall give a designated investigator a certificate of designation specifying the terms of their designation. Report (3) A designated investigator shall report to the Authority with respect to the investigation of a military-civilian occurrence. R.S., 1985, c. A-2, s. 13; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2
information includes a record regardless of its form and a copy of a record. ( renseignement )
Aeronautics Act — A-2
place includes an aircraft, any premises and any building or other structure erected on those premises. ( lieu )
Aeronautics Act — A-2 15
Return of seized property 15 (1) Anything seized under section 14 — 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. Application for return (2) A person from whom anything was seized under section 14 — 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. Order for return (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 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 Authority under this Act. Exception (4) This section does not apply in respect of anything seized and tested to destruction in accordance with subsection 14(6). R.S., 1985, c. A-2, s. 15; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 16
Notification of Authority 16 (1) If a department is notified of a military-civilian occurrence, the department shall (a) immediately provide the Authority with particulars of the occurrence; and (b) as soon as feasible after complying with paragraph (a), advise the Authority of any investigation that it plans to conduct and of any remedial measures that it plans to take. Investigator as observer (2) An investigator authorized by the 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. Authority may review and comment (3) Subject to any other Act or law, the 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. R.S., 1985, c. A-2, s. 16; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 17
Notification by Authority 17 (1) If the Authority is notified of a military-civilian occurrence, the 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 feasible after complying with paragraph (a), advise the ministers referred to in paragraph (a) of any investigation that the Authority plans to conduct and of its scope. Observers (2) Subject to any conditions that the Authority imposes, a person may attend as an observer at an investigation of a military-civilian occurrence conducted by the 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, under an international agreement, convention or arrangement relating to transportation to which Canada is a party; or (c) is invited by the Authority to attend as an observer because, in the 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. Observer may be removed (3) The Authority may remove an observer from an investigation if the observer contravenes a condition imposed by the Authority or if, in the 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. R.S., 1985, c. A-2, s. 17; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19 2026, c. 3, s. 494
Aeronautics Act — A-2 18
 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 Minister and the Authority if no action will be taken or if the action to be taken differs from the action that was recommended. Extension of time (11) If the 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 Authority considers necessary. R.S., 1985, c. A-2, s. 18; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 19
Interim report 19 (1) The 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. Limited purpose only (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. R.S., 1985, c. A-2, s. 19; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 20
Power to reconsider 20 (1) The Authority may, at any time, reconsider any findings and recommendations made on the basis of an investigation of a military-civilian occurrence under this Part. Duty to reconsider (2) The Authority shall reconsider the findings and recommendations made on the basis of an investigation under this Part if, in his or her opinion, new material facts appear. R.S., 1985, c. A-2, s. 20; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 21
Power to authorize 21 (1) Subject to subsection (2), the 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 Authority under this Part, other than the power of authorization under this subsection. Revocation (2) The authorization may be revoked by the Authority in writing. R.S., 1985, c. A-2, s. 21; R.S., 1985, c. 33 (1st Supp.), s. 3, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 22
rs, airport vehicle operators, flight service station specialists and persons who relay messages respecting air traffic control or related matters. Definition of court (10) For the purposes of subsection (8), court includes any person appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act . R.S., 1985, c. A-2, s. 22; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 24
Definition of communication record 24 (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. Restriction (2) A communication record obtained in the course of an investigation of a military-civilian occurrence under this Part is not to be used against a member of the Canadian Forces or any person referred to in subsection (1) in any legal proceedings or, subject to any applicable collective agreement, in any disciplinary proceedings. R.S., 1985, c. A-2, s. 24; R.S., 1985, c. 28 (3rd Supp.), s. 276; 2014, c. 29, s. 19
Aeronautics Act — A-2 24.1
Definition of statement 24.1 (1) For the purposes of this section and section 14, statement means (a) the whole or any part of an oral, written or recorded statement relating to a military-civilian occurrence that is given by the author of the statement to the Authority, an investigator or any person acting for the 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. Statement privileged (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. Use by Authority (3) The Authority may use any statement as he or she considers necessary in the interests of aviation safety. Access by coroners and other investigators (4) The Authority shall make statements available (a) to a coroner who requests access to them for the purpose of an investigation that the coroner is conducting; and (b) to any person carrying out a coordinated investigation under section 18 of the Canadian Transportation Accident Investigation and Safety Board Act . Power of court or coroner (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) examine the statement in camera ; and (b) if the court or coroner concludes that, in the circumstances of the case, 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. Restriction (6) A statement is not to 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 24.6. Definition of court (7) For the purposes of subsection (5), court includes any person appointed or designated to conduct a public inquiry into a military-civilian occurrence under the Inquiries Act . 2014, c. 29, s. 19
Aeronautics Act — A-2 24.2
Reporting of military-civilian occurrences 24.2 (1) The Governor in Council may make regulations for the establishment and administration of systems for the mandatory or voluntary reporting by civilians to the Authority of any of the following: (a) military-civilian occurrences; (b) any other accident or incident involving an aircraft or installation referred to in subparagraph (a)(i) of the definition military-civilian occurrence in subsection 10(1); (c) any situation or condition that the Authority has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (b); and (d) any classes of the occurrences, accidents, incidents, situations or conditions referred to in any of paragraphs (a) to (c) that are specified in the regulations. Use of reports (2) The Authority may, subject to this section, use any report made under regulations made under subsection (1) that he or she considers necessary in the interests of aviation safety. Protection of identity (3) Regulations made under subsection (1) may provide for the protection of the identity of persons who make a report under those regulations. Certain information privileged (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. Legal proceedings (5) No person is to be required to produce information referred to in subsection (4) or to give evidence relating to the information in any legal, disciplinary or other proceedings. Restriction (6) A report made under a voluntary reporting system established by regulations made under subsection (1) is not to 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). 2014, c. 29, s. 19
Aeronautics Act — A-2 24.3
Appearance of investigator 24.3 Except for proceedings before and investigations by a coroner, neither the 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 so orders for special cause. 2014, c. 29, s. 19
Aeronautics Act — A-2 24.4
Opinions inadmissible 24.4 An opinion of the Authority or an investigator is not admissible in evidence in any legal, disciplinary or other proceedings. 2014, c. 29, s. 19