GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Civil Air Navigation Services Commercialization Act — C-29.7 37
Announcement of new or revised charge 37 (1) Before imposing a new charge for air navigation services or a revised charge, other than a new or revised charge approved by the Minister under section 39, the Corporation shall make an announcement in accordance with this section. Charge may be different (2) A new or revised charge set out in an announcement may be different from the charge as proposed in the notice required under section 36 if, based on reasonable and prudent projections, the total annual revenue to be generated by the announced charge is no greater than the total annual revenue to be generated by the charge as proposed in the notice. Contents of announcement (3) The announcement must (a) set out the new or revised charge; (b) specify when the new or revised charge will become effective; (c) contain a statement that the charge may be appealed on application to the Agency; and (d) where subsection (2) applies, (i) specify that the charge set out in the announcement is different from the charge as proposed in the notice required under section 36, (ii) specify that the total annual revenue to be generated by the charge set out in the announcement is no greater than the total annual revenue that would have been generated by the charge as proposed in the notice, and (iii) state that details in relation to the Corporation’s projection of the revenues referred to in subparagraph (ii) can be obtained from the Corporation on request. How announcement is to be made (4) The Corporation shall (a) send, by mail or by electronic means, a copy of the announcement to (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the new or revised charge, and (ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and (b) post an electronic version of the announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet, and, after having done so, the Corporation shall file a copy of the announcement with the Agency. Time for making announcement (5) The announcement may only be made after 60 days have expired since the day the notice required under section 36 was filed with the Agency.
Civil Air Navigation Services Commercialization Act — C-29.7 38
When charge can be imposed 38 The Corporation may only impose a new charge for air navigation services or a revised charge, other than a new or revised charge approved by the Minister under section 39, after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.
Civil Air Navigation Services Commercialization Act — C-29.7 39
Submission of charge to Minister 39 (1) At any time during the two years immediately after the transfer date, the Corporation may, after having (a) filed with the Agency a notice under section 36 of a proposed new charge for air navigation services or a revised charge, and (b) considered any representations made to it, submit the proposed new or revised charge to the Minister for the Minister’s approval. Copies of representations (2) On submitting a proposed new or revised charge to the Minister, the Corporation shall provide the Minister with a copy of all written representations made to it concerning the proposed new or revised charge. Determination by Minister (3) After receiving a submission in respect of a proposed new or revised charge, the Minister shall, within 30 days, determine whether the charge is consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8). Where Minister is satisfied (4) Where the Minister determines that a proposed new or revised charge is consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8), the Minister shall approve the proposal and immediately notify the Corporation in writing of the approval. Corporation may modify proposal (5) Where the Minister determines that a proposed new or revised charge is not consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8), the Minister shall, immediately, in writing, (a) inform the Corporation of the Minister’s determination, and (b) specify the reasons why the proposal is not consistent with those charging principles in sufficient detail to enable the Corporation to modify its proposal so as to make it consistent with those charging principles without affecting projected total annual revenues and, if the Corporation modifies its proposal to the Minister’s satisfaction, the Minister shall approve the modified proposal and immediately notify the Corporation in writing of the approval.
Civil Air Navigation Services Commercialization Act — C-29.7 40
Announcement of approved charge 40 (1) Before imposing a new or revised charge that the Minister has approved under section 39, the Corporation shall make an announcement in accordance with this section. Contents of announcement (2) The announcement must (a) set out the new or revised charge; and (b) specify when the new or revised charge will become effective. How announcement is to be made (3) The Corporation shall (a) send, by mail or by electronic means, a copy of the announcement to (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the new or revised charge, and (ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and (b) post an electronic version of the announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet, and, after having done so, the Corporation shall file a copy of the announcement with the Agency.
Civil Air Navigation Services Commercialization Act — C-29.7 41
When approved charge can be imposed 41 The Corporation may only impose a new or revised charge that has been approved by the Minister under section 39 after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.
Civil Air Navigation Services Commercialization Act — C-29.7 42
Appeals 42 (1) Subject to this Act, charges by the Corporation for air navigation services may be appealed to the Agency. No appeal (2) No appeal may be made in respect of a charge imposed by the Corporation pursuant to section 33 or 41.
Civil Air Navigation Services Commercialization Act — C-29.7 43
Grounds 43 An appeal may only be made on one or more of the following grounds: (a) that one or more of the charging principles set out in section 35 have not been observed in establishing the charge; (b) that the notice requirements in section 36 have not been complied with; (c) that the announcement requirements in section 37 have not been complied with; and (d) where subsection 37(2) applies, that, based on reasonable and prudent projections, the total annual revenue to be generated by the announced charge is greater than the total annual revenue to be generated by the charge as proposed in the notice.
Civil Air Navigation Services Commercialization Act — C-29.7 44
Who may appeal 44 An appeal may be made by any user, group of users or representative organization of users.
Civil Air Navigation Services Commercialization Act — C-29.7 45
Time for making appeal 45 (1) Subject to subsections (2) and (3), an appeal must be made within 30 days after the day the announcement required by section 37 in respect of the charge that is the subject of the appeal was filed with the Agency. No notice (2) Where no notice has been given under section 36 but an announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge must be made within 180 days after the announcement was filed with the Agency. No announcement (3) Where no announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge may be made at any time.
Civil Air Navigation Services Commercialization Act — C-29.7 46
Effect of appeal 46 An appeal does not prevent the charge that is the subject of the appeal from becoming effective or prevent the Corporation from imposing the charge pending the outcome of the appeal, and the Agency may not make an order that prevents the charge from becoming effective or the Corporation from imposing the charge.
Civil Air Navigation Services Commercialization Act — C-29.7 47
Form of appeal 47 An appeal must be made in the form and manner specified by the Agency.
Civil Air Navigation Services Commercialization Act — C-29.7 48
Time for deciding appeal 48 The Agency shall decide an appeal as expeditiously as possible, but no later than 60 days after it is made, unless the Agency is of the opinion that there are special circumstances involved in the determination of the appeal, in which case the Agency has a further 30 days to decide the appeal.
Civil Air Navigation Services Commercialization Act — C-29.7 49
Notification of decision 49 At the conclusion of an appeal, the Agency shall provide the parties to the appeal with written reasons for its decision.
Civil Air Navigation Services Commercialization Act — C-29.7 50
Preponderance of evidence 50 The Agency shall only decide to allow an appeal based on the failure of the Corporation to observe a charging principle if it is satisfied on a preponderance of the evidence that the Corporation failed to observe that charging principle.
Civil Air Navigation Services Commercialization Act — C-29.7 51
Order — charging principles not observed or no notice or announcement 51 (1) Where the Agency’s decision is that one or more of the charging principles set out in section 35 have not been observed in establishing a new charge or revising an existing charge or that no notice under section 36 was given or no announcement under section 37 was made in respect of a new or revised charge, the Agency shall, as the case may be, (a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or (b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge. Order — notice or announcement requirements not met (2) Where the Agency’s decision is that the requirements in section 36 or 37 have not been fully complied with in respect of a new or revised charge, the Agency may make such order, including an order requiring refunds, as it considers appropriate in the circumstances, having regard to the seriousness of the non-compliance. Order — charge different (3) Where the Agency’s decision is that, based on reasonable and prudent projections, the total annual revenue to be generated by a charge set out in an announcement required under section 37 is greater than the total annual revenue to be generated by the charge as proposed in the notice required under section 36, the Agency shall, as the case may be, (a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or (b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge. Manner of refund (4) Where the Corporation is ordered to refund amounts, it may do so by way of credit or payment.
Civil Air Navigation Services Commercialization Act — C-29.7 52
Crediting amounts 52 (1) Each time a user who is entitled to a refund under an order of the Agency is charged by the Corporation for air navigation services, the Corporation shall credit the user an amount not less than 10% of the charge, until the entire amount owing to the user is refunded. Two year maximum (2) The Corporation shall refund the entire amount owing to each user within two years after the date of the order of the Agency.
Civil Air Navigation Services Commercialization Act — C-29.7 53
Decision final 53 A decision of the Agency pursuant to an appeal is final and binding and, notwithstanding any other Act of Parliament, no appeal lies from the decision.
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Canada Transportation Act 54 Sections 4, 24, 25.1, 26, 27, 28, 29, 32, 34, 37, 40, 41 and 43 of the Canada Transportation Act do not apply in respect of this Act. 1996, c. 20, ss. 54, 108
Civil Air Navigation Services Commercialization Act — C-29.7 55
Joint and several liability 55 (1) The owner and operator of an aircraft are jointly and severally liable for the payment of any charge for air navigation services imposed by the Corporation in respect of the aircraft. Meaning of owner (2) In subsection (1), owner , in respect of an aircraft, includes (a) the person in whose name the aircraft is registered; (b) a person in possession of an aircraft as purchaser under a conditional sale or hire-purchase agreement that reserves to the vendor the title to the aircraft until payment of the purchase price or the performance of certain conditions; (c) a person in possession of the aircraft as chattel mortgagor under a chattel mortgage; and (d) a person in possession of the aircraft under a bona fide lease or agreement of hire.
Civil Air Navigation Services Commercialization Act — C-29.7 56
Seizure and detention of aircraft 56 (1) In addition to any other remedy available for the collection of an unpaid and overdue charge imposed by the Corporation for air navigation services, and whether or not a judgment for the collection of the charge has been obtained, the Corporation may apply to the superior court of the province in which any aircraft owned or operated by the person liable to pay the charge is situated for an order, issued on such terms as the court considers appropriate, authorizing the Corporation to seize and detain any such aircraft until the charge is paid or a bond or other security for the unpaid and overdue amount in a form satisfactory to the Corporation is deposited with the Corporation. Application may be ex parte (2) An application for an order referred to in subsection (1) may be made ex parte if the Corporation has reason to believe that the person liable to pay the charge is about to leave Canada or take from Canada any aircraft owned or operated by the person. Release (3) The Corporation shall release from detention an aircraft seized under this section if (a) the amount in respect of which the seizure was made is paid; (b) a bond or other security in a form satisfactory to the Corporation for the amount in respect of which the seizure was made is deposited with the Corporation; or (c) an order of a court directs the Corporation to do so.
Civil Air Navigation Services Commercialization Act — C-29.7 57
Exempt aircraft 57 (1) An order under section 56 does not apply if the aircraft is exempt from seizure under the laws of the province in which the court that issued the order is situated. State aircraft are exempt (2) State aircraft are exempt from seizure and detention under an order issued under section 56.
Civil Air Navigation Services Commercialization Act — C-29.7 58
Designated employees who have accepted offer of employment 58 Every designated employee who has accepted an offer of employment from the Corporation before the transfer date ceases to be employed in the Public Service on the expiration of the day immediately before the transfer date.
Civil Air Navigation Services Commercialization Act — C-29.7 59
Designated employees who have not accepted offer of employment 59 (1) Subject to section 60, every designated employee who was an indeterminate employee immediately before the transfer date and who did not accept an offer of employment from the Corporation before that date ceases to be employed in the Public Service six months after the designated employee was so designated or earlier if the designated employee so requests. Appointments (2) A designated employee referred to in subsection (1) is entitled to be appointed, without competition, (a) for a period of one year beginning on the day the designated employee ceases to be employed in the Public Service, and (b) in such order as if the designated employee had been laid off in accordance with section 29 of the Public Service Employment Act , to a position in the Public Service for which, in the opinion of the Public Service Commission, the designated employee is qualified. Competitions (3) A designated employee referred to in subsection (1) is entitled to enter, for a period of one year beginning on the day the designated employee ceases to be employed in the Public Service, any competition for which the designated employee would have been eligible had the designated employee not ceased to be employed in the Public Service. Term employees (4) Every designated employee who was not an indeterminate employee immediately before the transfer date and who did not accept an offer of employment from the Corporation before that date ceases to be employed in the Public Service on the expiration of the day immediately before the transfer date.
Civil Air Navigation Services Commercialization Act — C-29.7 60
Excuse for not accepting 60 Every designated employee who did not accept an offer of employment from the Corporation before the transfer date and who establishes to the satisfaction of the Minister that the designated employee was unaware of the offer or incapable of indicating an acceptance of the offer is deemed to have accepted the offer before the transfer date and is deemed to be a designated employee referred to in section 58.
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Programs that do not apply 61 The following do not apply to designated employees: (a) the Work Force Adjustment Directive; (b) the Early Departure Incentive Program Order ; (c) the Retirement Compensation Arrangements Regulations, No. 2 ; and (d) the Executive Employment Transition Policy.
Civil Air Navigation Services Commercialization Act — C-29.7 64
Expiration date of collective agreements and arbitral awards 64 The expiration date of a collective agreement or arbitral award continued under section 62 is the date that would have been the expiration date of the collective agreement or arbitral award under the Public Sector Compensation Act had this Act not been enacted.
Civil Air Navigation Services Commercialization Act — C-29.7 65
Work Force Adjustment Directive does not apply 65 Notwithstanding any indication to the contrary that may be contained in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the Work Force Adjustment Directive does not apply to employees of the Corporation.
Civil Air Navigation Services Commercialization Act — C-29.7 66
National Joint Council agreements 66 (1) Where agreements of the National Joint Council of the Public Service are incorporated by reference in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the incorporation by reference applies only in respect of those agreements as they read immediately before the transfer date. Expiration date of agreements (2) Notwithstanding any indication to the contrary that may be contained in a collective agreement or arbitral award continued under section 62 or mentioned in section 63, the expiration date of any agreements of the National Joint Council of the Public Service that are incorporated by reference is the expiration date of the collective agreement or arbitral award.
Civil Air Navigation Services Commercialization Act — C-29.7 67
Employment deemed to be continuous 67 (1) For the purposes of the Canada Labour Code and any collective agreement or arbitral award continued under section 62 or mentioned in section 63, the employment of a designated employee referred to in section 58 by Her Majesty in right of Canada as represented by the Treasury Board and the Corporation is deemed to be continuous. Vacation leave (2) For greater certainty and without restricting the generality of subsection (1), a designated employee referred to in section 58 is not entitled to claim payment from Her Majesty in right of Canada as represented by the Treasury Board in respect of earned but unused vacation leave on ceasing to be employed in the Public Service, notwithstanding (a) any collective agreement or arbitral award that is binding on the designated employee immediately before the transfer date; or (b) any terms and conditions of employment applicable to the designated employee immediately before the transfer date.
Civil Air Navigation Services Commercialization Act — C-29.7 68
Her Majesty no longer responsible 68 Subject to any agreement entered into between Her Majesty in right of Canada and the Corporation before the transfer date, Her Majesty in right of Canada ceases on the transfer date to be responsible for any obligation of Her Majesty in right of Canada as represented by the Treasury Board arising out of or under any collective agreement or arbitral award continued under section 62 or mentioned in section 63 or any terms and conditions of employment applicable to a designated employee immediately before the transfer date.
Civil Air Navigation Services Commercialization Act — C-29.7 69
Bargaining agents 69 (1) Each employee organization that immediately before the transfer date was certified under the Public Service Staff Relations Act as the bargaining agent for a bargaining unit consisting of or including designated employees referred to in section 58 is deemed to have been certified as the bargaining agent for the employees of the Corporation in that bargaining unit under Part I of the Canada Labour Code on the transfer date. Certification (2) Notwithstanding any provision of Part I of the Canada Labour Code , (a) no application for certification as the bargaining agent for any employees of the Corporation represented by a bargaining agent deemed to have been certified under subsection (1) may be made by a trade union, and (b) no bargaining unit or part of a bargaining unit consisting of employees of the Corporation represented by a bargaining agent deemed to have been certified under subsection (1) may be reviewed, rescinded, amended, altered or varied, otherwise than (i) to include in the unit any employees who are not represented by a bargaining agent, or (ii) to merge bargaining units that are represented by the same bargaining agent, before the beginning of the last three months of the first collective agreement entered into after the transfer date that applies to those employees and that has resulted from a notice to bargain collectively given by or to the Corporation after that date. First collective agreement (3) For greater certainty, no collective agreement resulting from a notice to bargain collectively deemed under subsection 63(6) to have been given and no collective agreement or arbitral award referred to in subsection 63(9) is a first collective agreement within the meaning and for the purposes of subsection (2).
Civil Air Navigation Services Commercialization Act — C-29.7 70
Severance pay 70 Notwithstanding section 67, a designated employee referred to in section 58 is entitled to severance pay in accordance with (a) any collective agreement or arbitral award that is binding on the designated employee immediately before the transfer date, or (b) any terms and conditions of employment applicable to the designated employee immediately before the transfer date, on the day the designated employee ceases to be employed in the Public Service pursuant to this Act.