GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Aeronautics Act — A-2
security clearance means a security clearance granted under section 4.8 to a person who is considered to be fit from a transportation security perspective; ( habilitation de sécurité )
Aeronautics Act — A-2
security measure means a measure made under subsection 4.72(1) or 4.73(1); ( mesure de sûreté )
Aeronautics Act — A-2 (a)
superior court means (a) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province, (a.1) in the Province of Ontario, the Superior Court of Justice, (b) in the Province of Quebec, the Superior Court of the Province, (c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province, (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, and (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; ( juridiction supérieure )
Aeronautics Act — A-2
Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . ( Tribunal )
Aeronautics Act — A-2 4
Application of Part 4 (1) Subject to any regulations under paragraph 4.9(w), this Part applies in respect of aeronautics to (a) all persons and all aeronautical products and other things in Canada; (b) all persons outside Canada who hold Canadian aviation documents; (c) all Canadian aircraft outside Canada and all passengers and crew members on Canadian aircraft outside Canada; and (d) all persons and goods on board aircraft bound for Canada. Application of foreign law (2) Every person exercising the privileges accorded by a Canadian aviation document in a foreign state and every Canadian aircraft operated in a foreign state shall comply with or be operated in accordance with the applicable aeronautics laws of that state. Conflicts (3) Nothing in this Part shall be construed as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign state that applies to or in respect of the person or aircraft. R.S., 1985, c. A-2, s. 4; R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 2 2026, c. 3, s. 464
Aeronautics Act — A-2 4.1
Contraventions outside Canada 4.1 Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision under this Part shall be deemed to have committed a contravention of the provision under this Part and may be proceeded against and punished in the place in Canada where the person is found as if the contravention had been committed in that place. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 3
Aeronautics Act — A-2 4.11
Manner of service 4.11 (1) If a provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part requires a notice or other document to be served personally or by registered or certified mail, it may also be served by electronic means. Proof of service (2) Service by electronic means may be proved by a record of electronic transmission setting out the date and time of transmission. Date service effective (3) Service by electronic means is considered effective on the day on which it is sent, as indicated on the record of transmission. 2026, c. 3, s. 465
Aeronautics Act — A-2 4.3
Delegation by Minister 4.3 (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction. Exception (1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so. Ministerial orders (2) The Governor in Council may by regulation authorize the Minister to make orders with respect to any matter in respect of which regulations of the Governor in Council under this Part may be made. Deputy may be authorized to make orders (3) The Minister may authorize his deputy to make orders with respect to the matters referred to in paragraph 4.9(l). R.S., 1985, c. 33 (1st Supp.), s. 1; 2004, c. 15, s. 3
Aeronautics Act — A-2 4.31
Authorization by authorized person 4.31 Any person whom the Minister of National Defence has authorized to exercise or perform powers, duties or functions relating to airworthiness may, in accordance with the authorization, authorize another person under their authority to exercise or perform any of those powers, duties or functions. 2014, c. 29, s. 12
Aeronautics Act — A-2 4.32
Ministerial order 4.32 (1) The Minister may make an order prohibiting the development or expansion of a given aerodrome or any change to the operation of a given aerodrome, if, in the Minister’s opinion, the proposed development, expansion or change is likely to adversely affect aviation safety or is not in the public interest. Exemption (2) An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act . 2014, c. 39, s. 143; 2017, c. 26, s. 2
Aeronautics Act — A-2 4.4
Regulations imposing charges 4.4 (1) The Governor in Council may make regulations imposing, with respect to aircraft in flight in Canada, charges for the availability during flights of any facility or service provided by or on behalf of the Minister. Idem (2) The Governor in Council may make regulations, or may, by order, subject to and in accordance with such terms and conditions as may be specified in the order, authorize the Minister to make regulations, imposing charges (a) for the use of (i) any facility or service provided by or on behalf of the Minister for or in respect of any aircraft, whether or not, where the facility or service is provided during flight, the flight originates or terminates in Canada or any portion of the flight is over Canada, (ii) any other facility or service provided by or on behalf of the Minister at any aerodrome, or (iii) any aerodrome operated by or on behalf of Her Majesty in right of Canada; (a.1) in respect of any security measure that is carried out by the Minister; or (b) in respect of the issue, renewal, amendment or endorsement of any document issued or to be issued under this Part or any action preparatory thereto, whether or not the document is issued, renewed, amended or endorsed. Regulations respecting charges (3) Any regulation made under subsection (1) or (2) may prescribe the amount of charges imposed thereunder and the rate of interest payable in respect of those charges or the manner of calculating those charges or the rate of interest and may prescribe the time from which the interest is payable. Debt due to Her Majesty (4) All charges imposed under this section and interest payable thereon constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Joint and several or solidary liability (5) If a charge is imposed in respect of an aircraft under this section, both the registered owner and the operator of the aircraft are jointly and severally, or solidarily, liable for payment of the charge. Security for payment of charges (6) The Governor in Council may make regulations requiring registered owners and operators of aircraft who have failed to pay on time any charges imposed under this section to deposit each year with the Minister security in the form of a bond or letter of credit and in an amount satisfactory to the Minister to ensure full payment of the charges to be imposed in the next following year in respect of the aircraft. Interest on charges (7) Every charge imposed by regulations made under this section bears interest in accordance with the regulations. R.S., 1985, c. 33 (1st Supp.), s. 1; 2001, c. 4, s. 53(E); 2004, c. 15, s. 4
Aeronautics Act — A-2 4.401
Agreement — cost recovery 4.401 (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under subsection 4.4(1) or (2) could impose a charge. Regulations — exemption (2) If both an agreement entered into under subsection (1) and a regulation made under subsection 4.4(1) or (2) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement. Recovery (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act. Debt due to Her Majesty (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Spending (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year. 2017, c. 20, s. 312
Aeronautics Act — A-2 4.41
Civil air navigation services 4.41 (1) An order or regulation must not be made under this Part that has the effect of imposing charges for civil air navigation services, and an agreement must not be entered into under subsection 4.401(1) that has the effect of requiring payment for those services. Minister of National Defence (2) An order or regulation must not be made under this Part that has the effect of imposing charges for air navigation services provided by or on behalf of the Minister of National Defence, and an agreement must not be entered into under subsection 4.401(1) that has the effect of requiring payment for those services, if (a) the charges or payments are for services referred to in subsection 10(1) of the Civil Air Navigation Services Commercialization Act ; or (b) the charges or payments are for services that are similar to services that the ANS Corporation provides and charges for in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services. 1996, c. 20, s. 100; 2017, c. 20, s. 313
Aeronautics Act — A-2 4.5
Seizure and detention for charges 4.5 (1) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft. Idem (2) Where the amount of any charge and interest thereon due by a person that has been imposed under section 4.4 has not been paid and the Minister has reason to believe that the person is about to leave Canada or take from Canada any aircraft owned or operated by the person, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, on ex parte application to the superior court of the province in which any aircraft owned or operated by the person is situated, obtain an order of the court, issued on such terms as the court deems necessary, authorizing the Minister to seize and detain the aircraft. Release on payment (3) Subject to subsection (4), except where otherwise directed by an order of a court, the Minister is not required to release from detention an aircraft seized under subsection (1) or (2) unless the amount in respect of which the seizure was made is paid. Release on security (4) The Minister shall release from detention an aircraft seized under subsection (1) or (2) if a bond or other security in a form satisfactory to the Minister for the amount in respect of which the aircraft was seized is deposited with the Minister. R.S., 1985, c. 33 (1st Supp.), s. 1
Aeronautics Act — A-2 4.6
Exempt aircraft 4.6 (1) Any aircraft of a person referred to in subsection 4.5(1) or (2) that would be exempt from seizure under a writ of execution issued out of the superior court of the province in which the aircraft is situated, is exempt from seizure and detention under that subsection. Idem (2) The Governor in Council may by regulation exempt any aircraft from seizure and detention under section 4.5. R.S., 1985, c. 33 (1st Supp.), s. 1
Aeronautics Act — A-2 4.7
Definition of screening 4.7 In sections 4.71 to 4.85, screening means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 5; 1999, c. 31, ss. 5, 6; 2004, c. 15, s. 5 2026, c. 3, s. 467
Aeronautics Act — A-2 4.72
Minister may make security measures 4.72 (1) The Minister may make measures respecting aviation security. Restriction (2) The Minister may only make a security measure in relation to a particular matter if (a) an aviation security regulation could be made in relation to that matter; and (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public. Suspension of s. 4.79(1) and repeal of security measure (3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must (a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and (b) repeal the security measure before the earlier of (i) the day that is one year after the notice is published, and (ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure. Effect of notice (4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published. Consultation (5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances. Exception (6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members. Minister may carry out security measure (7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.73
Deputy may make measures 4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members. Restriction (2) The Minister’s deputy may only make a security measure in relation to a particular matter if (a) an aviation security regulation could be made in relation to that matter; and (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public. Minister may carry out security measure (3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so. Duration (4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.74
Relationship with regulations 4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation. Conflict (2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.75
Foreign aircraft requirements 4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.76
Emergency directions 4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting (a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them; (b) the diversion of aircraft to alternate landing sites; and (c) the movement of aircraft or persons at aerodromes or other aviation facilities. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.77
Authorized officer may make emergency direction 4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.771
Duration 4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.78
Relationship with regulations and security measures 4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure. Conflict (2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.79
Unauthorized disclosure — security measures 4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure. Court to inform Minister (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera , examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it. Order (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure. 2004, c. 15, s. 5
Aeronautics Act — A-2 4.8
Granting, suspending, etc. 4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance. R.S., 1985, c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 6; 2004, c. 15, s. 5
Aeronautics Act — A-2 4.81
after it is provided or disclosed under that subsection. Destruction of information (7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection. Destruction of information (8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3). Application (9) Subsections (6) to (8) apply despite any other Act of Parliament. Amendment of schedule (10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule. 2004, c. 15, s. 5; 2005, c. 38, ss. 139, 142, 145
Aeronautics Act — A-2 (a)
transportation security means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in, (a) loss of life or personal injury; (b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or (c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure. ( sûreté des transports )
Aeronautics Act — A-2 4.82
e Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of “threats to the security of Canada” referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act . The Commissioner and the Director must each keep a record of their review. Exception (16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13). Application (17) Subsections (14) and (15) apply despite any other Act of Parliament. Right to provide information preserved (18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful. Right to collect information under other Acts preserved (19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful. Regulations (20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section. 2004, c. 15, s. 5