GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Aeronautics Act — A-2 7.4
Court may order forfeiture 7.4 (1) Where a person is convicted on indictment of an offence referred to in paragraph 7.3(1)(f) or (g) in relation to the operation of a commercial air service, the court may, in addition to any other punishment it may impose, order that any aircraft used in the commercial air service be forfeited and, on the making of such an order, the aircraft is forfeited to Her Majesty in right of Canada. Application by person claiming interest (2) Where any aircraft is forfeited under subsection (1), any person, in this section referred to as the “applicant”, other than a person convicted of the offence that resulted in the forfeiture, who claims an interest in the aircraft may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the aircraft is situated for an order under subsection (5). Date of hearing (3) A judge to whom an application is made under subsection (2) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof. Notice (4) An applicant shall serve a notice of the application and of the day fixed for the hearing of the application on the Minister at least fifteen days before the day so fixed. Order by judge (5) Where, on the hearing of an application, the judge is satisfied that the applicant (a) is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted thereof, and (b) exercised reasonable care to satisfy himself or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, notice, order, security measure or emergency direction made under this Part, the applicant is entitled to an order by the judge declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of that interest. Appeal (6) An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court. Application to Minister (7) The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5), (a) direct that the aircraft to which the interest of the applicant relates be returned to the applicant; or (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant. Disposal of forfeited aircraft (8) Where no application is made under this section for an order in relation to an interest in a forfeited aircraft or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the aircraft shall be disposed of in such manner as the Minister may direct. R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 16
Aeronautics Act — A-2 7.41
Prohibition — unruly or dangerous behaviour 7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally (a) interfering with the performance of the duties of any crew member; (b) lessening the ability of any crew member to perform that crew member’s duties; or (c) interfering with any person who is following the instructions of a crew member. Punishment (2) Every person who commits an offence under subsection (1) is liable (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; and (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both. Deeming — “in flight” (3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation. Application (4) This section applies despite subsections 7.3(4) and (7). 2004, c. 15, s. 17
Aeronautics Act — A-2 7.42
Authorization — interference 7.42 (1) The Minister may, on any terms that the Minister considers appropriate, authorize any person or class of persons to interfere with the operation of a remotely piloted aircraft system or with the performance of the duties of any crew member of a remotely piloted aircraft system if the issuance of authorization is, in the Minister’s opinion, in the public interest or necessary for aviation safety or security. Suspension, cancellation or amendment (2) The Minister may suspend, cancel or amend an authorization if the suspension, cancellation or amendment is, in the Minister’s opinion, in the public interest or necessary for aviation safety or security. 2026, c. 3, s. 479
Aeronautics Act — A-2 7.5
Prohibition by court 7.5 (1) Where a person is convicted of an offence under this Part, the court may, in addition to any other punishment it may impose, make an order (a) where the person is the holder of a Canadian aviation document or is the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document was issued, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for such period or at such times and places as may be specified in the order; or (b) prohibiting the person from operating an aircraft or providing services essential to the operation of an aircraft for such period or at such times and places as may be specified in the order. (2) to (4) [Repealed, 1992, c. 4, s. 18] R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 144(F), c. 4, s. 18
Aeronautics Act — A-2 7.51
Vicarious liability — owners of aircraft 7.51 If a person may be charged with and found guilty of an offence under this Part relating to an aircraft, the registered owner of the aircraft may be charged with and found guilty of the offence — whether or not the person is identified or prosecuted for the offence — unless, at the time of the offence, the aircraft was in the possession of a person other than the owner without the owner’s consent. 2026, c. 3, s. 480
Aeronautics Act — A-2 7.52
Vicarious liability — operators of aircraft 7.52 If a person may be charged with and found guilty of an offence under this Part relating to an aircraft, the operator of the aircraft may be charged with and found guilty of the offence — whether or not the person is identified or prosecuted for the offence — unless, at the time of the offence, the aircraft was in the possession of a person other than the operator without the operator’s consent. 2026, c. 3, s. 480
Aeronautics Act — A-2 7.53
Vicarious liability — pilots-in-command 7.53 If a crew member may be charged with and found guilty of an offence under this Part relating to an aircraft, the pilot-in-command of the aircraft may be charged with and found guilty of the offence — whether or not the crew member is identified or prosecuted for the offence — unless the offence was committed without the consent of the pilot-in-command. 2026, c. 3, s. 480
Aeronautics Act — A-2 7.54
Proof of offence 7.54 In a prosecution of any of the following persons for an offence under this Part, it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or prosecuted for the offence: (a) the registered owner of an aircraft; (b) the operator of an aircraft; (c) the operator of an aerodrome or other aviation facility; (d) an air traffic service provider; (e) an organization that holds a Canadian aviation document authorizing the maintenance of an aeronautical product or the provision of a maintenance service. 2026, c. 3, s. 480
Aeronautics Act — A-2 7.55
Exceptions 7.55 Sections 7.51 to 7.54 do not apply to an offence relating to a contravention of subsection 7.3(1) or 7.41(1). 2026, c. 3, s. 480
Aeronautics Act — A-2 7.56
Due diligence defence 7.56 (1) A person is not to be found guilty of an offence under this Part if they establish that they exercised all due diligence to prevent the commission of the offence. Exceptions (2) Subsection (1) does not apply to an offence relating to a contravention of subsection 7.3(1) or 7.41(1). 2026, c. 3, s. 480
Aeronautics Act — A-2 7.6
Designation of provisions 7.6 (1) The Governor in Council may, by regulation, (a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 7.61 to 8.2, any provision of this Part or of any regulation, notice, order or security measure made under this Part, or any provision of the Secure Air Travel Act or of any regulation or direction made under that Act; and (a.1) [Repealed, 2026, c. 3, s. 481] (b) prescribe the maximum amount payable for each violation, not to exceed (i) $150,000, in the case of an individual, and (ii) $1,500,000, in the case of a corporation. (2) [Repealed, 2026, c. 3, s. 481] R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 19; 2004, c. 15, s. 18; 2015, c. 20, s. 12 2026, c. 3, s. 481
Aeronautics Act — A-2 7.61
Violation 7.61 (1) Every person who contravenes a provision designated under paragraph 7.6(1)(a) commits a violation and is liable to a penalty not exceeding the maximum amount prescribed under paragraph 7.6(1)(b). Continuing violation (2) A violation that is committed or continued on more than one flight or segment of a flight constitutes a separate violation for each flight or segment of a flight on which the violation is committed or continued. Manner of proceeding (3) If a contravention of a provision designated under paragraph 7.6(1)(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding in the other. Nature of violation (4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Due diligence defence (5) A person is not to be found liable for a violation if they establish that they exercised all due diligence to prevent its commission. Vicarious liability — owners of aircraft (6) If a person may be proceeded against under this Part for a violation relating to an aircraft, the registered owner of the aircraft may be proceeded against for the violation — whether or not the person is identified or proceeded against for the violation — unless, at the time of the violation, the aircraft was in the possession of a person other than the owner without the owner’s consent. Vicarious liability — operators of aircraft (7) If a person may be proceeded against under this Part for a violation relating to an aircraft, the operator of the aircraft may be proceeded against for the violation — whether or not the person is identified or proceeded against for the violation — unless, at the time of the violation, the aircraft was in the possession of a person other than the operator without the operator’s consent. Vicarious liability — pilots-in-command (8) If a crew member may be proceeded against under this Part for a violation relating to an aircraft, the pilot-in-command of the aircraft may be proceeded against for the violation — whether or not the crew member is identified or proceeded against for the violation — unless the violation was committed without the consent of the pilot-in-command. Proof of violation (9) In any proceedings under this Part against any of the following persons for a violation, it is sufficient proof of the violation to establish that the act or omission that constitutes the violation was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against for the violation: (a) the registered owner of an aircraft; (b) the operator of an aircraft; (c) the operator of an aerodrome or other aviation facility; (d) an air traffic service provider; (e) an organization that holds a Canadian aviation document authorizing the maintenance of a aeronautical product or the provision of a maintenance service. 2026, c. 3, s. 482
Aeronautics Act — A-2 7.7
Notice of violation 7.7 (1) If the Minister believes on reasonable grounds that a person has committed a violation, the Minister may issue a notice of violation in respect of the alleged contravention and shall cause it to be served on the person by personal service or by registered or certified mail sent to the person at their latest known address. Contents of notice (2) A notice under subsection (1) shall be in a form prescribed by regulation of the Governor in Council and shall, in addition to any other information that may be prescribed, indicate (a) the violation; (b) subject to any regulations made under paragraph 7.6(1)(b), the amount that is determined by the Minister, in accordance with any guidelines that the Minister may make for the purpose, to be the amount that must be paid to the Minister as the penalty in the event that the person does not wish to appear before a member of the Tribunal assigned to conduct a review to make representations in respect of the alleged contravention; and (c) the address at which, and the date, being thirty days after the notice is served or sent, on or before which, the penalty must be paid or a request for a review must be filed. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 20; 2001, c. 29, s. 39 2026, c. 3, s. 483
Aeronautics Act — A-2 7.8
Option 7.8 A person who has been served with or sent a notice under subsection 7.7(1) must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 29, s. 39 2026, c. 3, s. 484(F)
Aeronautics Act — A-2 7.9
Payment of specified amount precludes further proceedings 7.9 If a person who is served with or sent a notice under subsection 7.7(1) pays the amount specified in the notice in accordance with the requirements set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5; 2001, c. 29, s. 39 2026, c. 3, s. 485
Aeronautics Act — A-2 7.901
Request for compliance agreement — notice served 7.901 Instead of paying the penalty set out in the notice of violation, the person served with the notice may, within the time and in the manner specified in the notice, request to enter into a compliance agreement with the Minister under section 7.902 that ensures the person’s compliance with the provision to which the violation relates. 2026, c. 3, s. 485
Aeronautics Act — A-2 7.902
Compliance agreement — notice served 7.902 (1) The Minister may, on application made under section 7.901, enter into a compliance agreement with a person who has been served with a notice of violation on any terms and conditions that are satisfactory to the Minister. The terms and conditions may (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and (b) provide for the reduction, in whole or in part, of the penalty for the violation. Deemed violation (2) A person who enters into a compliance agreement with the Minister under subsection (1) is deemed to have committed the violation in respect of which the agreement was entered into. Notice of compliance (3) If the Minister is satisfied that a person has complied with a compliance agreement, the Minister shall cause a notice to that effect to be served on the person, at which time (a) the proceedings commenced in respect of the violation are ended; and (b) any security deposited under paragraph (1)(a) shall be returned to the person. Notice of default (4) If the Minister is of the opinion that a person has not complied with a compliance agreement, the Minister shall cause a notice of default to be served on the person to the effect that (a) instead of being liable to pay the amount of the penalty set out in the notice of violation, the person is liable to pay, within the time and in the manner specified in the notice of violation, twice the amount of that penalty, without taking into account the limits specified in paragraph 7.6(1)(b); or (b) any security deposited under paragraph (1)(a) is forfeited to His Majesty in right of Canada. Effect of notice of default (5) 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 compliance agreement and (a) the person is liable to pay the amount set out in the notice of default within the time and in the manner specified in the notice of violation; or (b) if the notice provides for the forfeiture of the security deposited under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended. Effect of payment (6) If a person served with a notice of default pays the amount set out in the notice of default within the time and in the manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation. 2026, c. 3, s. 485
Aeronautics Act — A-2 7.903
Refusal to enter into compliance agreement 7.903 (1) If the Minister refuses to enter into a compliance agreement requested under section 7.901, the person who made the request may, within the time specified by the Minister and in the manner specified in the notice of violation, (a) pay the amount of the penalty set out in the notice of violation; or (b) file a request for a review under subsection 7.91(1). Effect of payment (2) If a person pays the amount set out in the notice of violation within the time specified by the Minister and in the manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation. 2026, c. 3, s. 485
Aeronautics Act — A-2 7.91
Request for review of determination 7.91 (1) A person who is served with or sent a notice under subsection 7.7(1) and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice. Request for review of compliance (1.1) A person who is served with a notice of default under subsection 7.62(6) and who wishes to have the Minister’s decision made under that subsection reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal. Time and place for review (2) On receipt of a request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The burden of establishing that a person has committed a violation or has not complied with the assurance of compliance referred to in the notice of default is on the Minister. Person not compelled to testify (5) A person who is alleged to have committed a violation is not required, and shall not be compelled, to give any evidence or testimony in the matter. Certain defences not available (6) Despite subsection 7.61(5), for the purposes of a request for review under subsection (1.1) a person does not have a defence by reason that the person exercised all due diligence to comply with the assurance of compliance. 2001, c. 29, s. 39 2026, c. 3, s. 486
Aeronautics Act — A-2 7.92
Failure to pay 7.92 A person who fails to pay the amount of the penalty specified in a notice of violation within the specified time and who does not file a request for a review is deemed to have committed the violation alleged in the notice. 2001, c. 29, s. 39 2026, c. 3, s. 487
Aeronautics Act — A-2 8
Determination by Tribunal member 8 At the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person alleged to have committed a violation (a) that the person has not committed a violation, in which case, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged violation; (b) that the person has committed a violation and, subject to any regulations made under paragraph 7.6(1)(b), of the amount that must be paid to the Tribunal by or on behalf of the person and the time within which it must be paid; (c) that the person has complied with the assurance of compliance, in which case, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged violation; or (d) that the person has not complied with the assurance of compliance, in which case, the member confirms the decision made by the Minister under subsection 7.62(6). R.S., 1985, c. A-2, s. 8; R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 21; 2001, c. 29, s. 40(E) 2026, c. 3, s. 488
Aeronautics Act — A-2 8.1
Right of appeal 8.1 (1) A person affected by the determination or the Minister may, within thirty days after the determination, appeal a determination made under section 8 to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear an appeal may (a) in the case of a determination made under paragraph 8(a) or (b), dismiss the appeal or allow the appeal and, subject to any regulations made under paragraph 7.6(1)(b), substitute its own decision; or (b) in the case of a determination made under paragraph 8(c) or (d), dismiss the appeal or allow the appeal and substitute its own decision. Finding of violation (4) After making its decision, the appeal panel shall inform the person and the Minister of its decision without delay and specify the period within which any amount determined by the appeal panel to be payable to the Tribunal is to be paid. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 22; 2001, c. 29, s. 41 2026, c. 3, s. 489
Aeronautics Act — A-2 8.11
Certificate 8.11 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form prescribed by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required, (a) to pay the amount of a penalty set out in a notice of violation, or in a notice of default served under subsection 7.62(6) or 7.902(4), or to file a request for a review under section 7.91; (b) to pay an amount set out in a determination made under paragraph 8(b) or in a decision confirmed under paragraph 8(d) or file an appeal under section 8.1; or (c) to pay an amount determined under subsection 8.1(4). 2026, c. 3, s. 490