GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Civil Air Navigation Services Commercialization Act — C-29.7
Work Force Adjustment Directive means the Work Force Adjustment Directive issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board, that came into force on December 15, 1991, as amended from time to time. ( Directive sur le réaménagement des effectifs )
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Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
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Aircraft 4 This Act applies in respect of every aircraft in Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.
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Aeronautics Act 5 Nothing in this Act affects the application of the Aeronautics Act .
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Authority of Minister of National Defence 6 Nothing in this Act derogates from the authority conferred on the Minister of National Defence by the National Defence Act .
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Authority to transfer 7 The Minister may sell, lease or otherwise transfer the right, title and interest of Her Majesty in right of Canada in designated civil air navigation services assets to the Corporation.
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Not agent of Her Majesty 8 For all purposes the Corporation is not an agent of Her Majesty in right of Canada and, when providing civil air navigation services, is not doing so on behalf of Her Majesty in right of Canada.
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Obligation to provide services 9 Subject to this Act, the Corporation shall, on and after the transfer date, provide all users with the civil air navigation services that the Department of Transport provided immediately before the transfer date and shall do so to the same extent as the services were provided by the Department of Transport.
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Prohibition 10 (1) Subject to subsections (2) to (4), no person, other than the Corporation, shall, on or after the transfer date, provide (a) aeronautical information services, (b) air traffic control services, or (c) specified flight information services, in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services. Exceptions (2) A person may do anything mentioned in subsection (1) if (a) the person is acting under the authority of the Minister of National Defence; or (b) the person is doing so with the written consent of the Corporation. Exception — airport air traffic control services (3) Where a person was providing airport air traffic control services at an aerodrome immediately before March 14, 1996, the person may provide airport air traffic control services at that aerodrome on and after the transfer date until the person is no longer providing the services at the aerodrome. Exception — aeronautical information services (4) A person may provide aeronautical information services if the person is disseminating aeronautical information (a) that was initially disseminated by the Corporation; or (b) that is urgently required for reasons of aviation safety or the safety of the public. Meaning of specified flight information services (5) For the purposes of this section, specified flight information services means (a) the acceptance, processing and activation of flight plans, amendments to flight plans and cancellations of flight plans; (b) the exchange of flight plan information with domestic or foreign governments or agencies or foreign air traffic services units; and (c) the provision of known information concerning ground and air traffic in respect of an aerodrome, where the Corporation is providing that information in respect of that aerodrome.
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Designation of Corporation 11 The Corporation is hereby designated as the authority in Canada responsible for providing (a) aeronautical information services for the purposes of Annexes 4 and 15 to the Chicago Convention; and (b) air traffic control services for the purposes of Annex 11 to the Chicago Convention.
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Technical and operational standards 12 (1) In order to ensure that aeronautical radio navigation services are provided in accordance with technical and operational standards that are consistent and that persons who provide those services have adequate liability insurance in respect of those services, the Corporation may propose technical and operational standards, or the minimum amount of that insurance, to the Minister for inclusion in regulations made under the Aeronautics Act . Recommendation of Minister (2) If, after receiving a proposal under subsection (1), the Minister is satisfied that the standards, or the minimum amount of liability insurance, as the case may be, (a) are adequate with respect to aviation safety and the safety of the public, (b) do not impose an undue obligation on providers of aeronautical radio navigation services, and (c) are reasonable, taking into account practices in other countries, the Minister shall, after having consulted with interested persons, recommend to the Governor in Council that the standards, or the minimum amount of liability insurance, as the case may be, be incorporated by reference, or specified as the minimum amount of liability insurance, as the case may be, in regulations made under the Aeronautics Act . Publication of standards (3) The Corporation shall publish all of its technical and operational standards that are incorporated by reference in regulations made under the Aeronautics Act .
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Corporation may plan and manage airspace 13 Subject to the Governor in Council’s right under the Aeronautics Act to make regulations respecting the classification and use of airspace and the control and use of aerial routes, the Corporation has the right to plan and manage Canadian airspace and any other airspace in respect of which Canada has responsibility for the provision of air traffic control services, other than airspace under the control of a person acting under the authority of the Minister of National Defence.
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Corporation may make changes 14 The Corporation may, in accordance with this Act but subject to the provisions of the Aeronautics Act and of any regulations made under that Act that relate to aviation safety or the safety of the public, (a) introduce or increase civil air navigation services; (b) terminate or reduce civil air navigation services; and (c) close or relocate facilities used by it in connection with civil air navigation services.
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Notice of changes 15 (1) Where the Corporation proposes to do anything mentioned in section 14 and, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the proposal is likely to affect a significant group of users in a material way, the Corporation shall give notice of the proposal in accordance with this section. Contents of notice (2) The notice must (a) set out the particulars of the proposal; and (b) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice. How notice is to be given (3) The Corporation shall send, by mail or by electronic means, a copy of the notice to (a) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the proposal, and (b) 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, after having done so, the Corporation shall post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet.
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When proposal can be implemented 16 Where a notice is required to be given under section 15 in respect of anything mentioned in section 14, the Corporation may only do that thing after 60 days have expired since the day the notice was posted in accordance with subsection 15(3).
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Order under s. 4.91(1) of the Aeronautics Act 17 Sections 15 and 16 do not apply if the Corporation is increasing civil air navigation services in order to comply with an order made under subsection 4.91(1) of the Aeronautics Act .
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Notice of termination or reduction 18 (1) Where the Corporation proposes to terminate or reduce designated northern or remote services and, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the proposal is likely to affect a significant group of users or residents in a material way, the Corporation shall give notice of the proposal in accordance with this section. Contents of notice (2) The notice must (a) set out the particulars of the proposal, including whether civil air navigation services are going to be introduced as a result of the termination or reduction; and (b) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice. How notice is to be given (3) The Corporation shall (a) send, by mail or by electronic means, a copy of the notice to (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the termination or reduction of services, 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 notice 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 send, by mail or by electronic means, a copy of the notice to the government of every province affected by the termination or reduction.
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Rejection of proposal 19 (1) Subject to sections 20 to 22, where a notice is required to be given under section 18 in respect of a proposal to terminate or reduce designated northern or remote services, the Corporation may only implement the proposal if, within 45 days after sending the notice to the government of the provinces affected by the proposal, the Corporation is not notified in writing that the government of any province affected by the proposal, or users, have rejected it. Rejection by users (2) For the purposes of this section and section 20, users are deemed to have rejected a proposal if users accounting for at least one third of the revenues received by the Corporation in respect of civil air navigation services at the nearest aerodrome in the 12 months immediately before the day the notice required under section 18 was sent to the government of the provinces affected by the termination or reduction, indicate their disapproval of the proposal in writing.
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Minister may approve proposal 20 (1) Where (a) the government of a province affected by a proposal to terminate or reduce designated northern or remote services has rejected the proposal, or (b) users have rejected the proposal, the Corporation may implement the proposal if the Minister approves it in writing and the Corporation complies with sections 21 and 22. No compensation (2) The Corporation is not entitled to financial compensation for any financial loss that results or may result from the Minister’s not approving a proposal.
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Announcement of termination or reduction 21 (1) Before implementing a proposal to terminate or reduce designated northern or remote services in respect of which a notice is required to be given under section 18, the Corporation shall make an announcement in accordance with this section. Contents of announcement (2) The announcement must (a) set out the particulars of the termination or reduction, including whether civil air navigation services are going to be introduced as a result of the termination or reduction; and (b) specify when the termination or reduction 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 termination or reduction, 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 send, by mail or by electronic means, a copy of the announcement to the government of every province affected by the termination or reduction. Time for making announcement (4) The announcement may only be made after 60 days have expired since the day the notice required under section 18 was sent to the government of the provinces affected by the termination or reduction.
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When proposal can be implemented 22 The Corporation may only implement a proposal to terminate or reduce designated northern or remote services after 10 days have expired since the day the announcement required under section 21 was sent to the government of the provinces affected by the termination or reduction.
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Policies to be established 23 (1) The Corporation shall, within one year after the transfer date, establish policies consistent with this Act concerning the levels of civil air navigation services it provides. Application of policy (2) Subject to this Act, the Corporation shall apply its level of service policies in a consistent manner. Revising policies (3) The Corporation may revise its level of service policies from time to time. Publication (4) The Corporation shall publish the level of service policies established or revised under this section. Provision of services in excess of policy levels (5) Where civil air navigation services are requested in excess of the levels provided for in the level of service policies, the Corporation is not required to provide those additional services unless the person requesting them establishes through written evidence that a majority of the users who will be affected in a material way by the provision of the additional services agree to the provision of the additional services. Affected users (6) For the purpose of subsection (5), a user shall be considered to be affected by the provision of additional services only if, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the user is likely to use the additional services, pay more for the service that is to be increased or experience a change in service as a result of the provision of the additional services. Prior notice (7) Before establishing level of service policies or revising those policies, the Corporation shall give notice of its proposal to establish or revise the policies, as the case may be, in accordance with subsections 15(2) and (3).
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Directions — northern or remote locations 24 (1) The Governor in Council, on the recommendation of the Minister, may give directions in writing to the Corporation to provide civil air navigation services at or in respect of northern or remote locations designated in the directions. Directions — international agreements (2) Where Canada must, pursuant to an international agreement, provide civil air navigation services in a certain manner or to a certain extent, the Governor in Council, on the recommendation of the Minister, may give directions in writing to the Corporation requiring it to provide the civil air navigation services in that manner or to that extent. Directions — national security (3) The Governor in Council, on the recommendation of the Minister of National Defence, may give directions in writing to the Corporation to provide civil air navigation services if the Governor in Council is of the opinion that it is in the interest of national security to do so.
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Sections 15 to 22 do not apply 25 Sections 15 to 22 do not apply if the Corporation is doing anything mentioned in section 14 in order to comply with a direction.
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Exemption 26 A direction is exempt from examination, registration and publication under the Statutory Instruments Act .
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Prior consultations 27 Before a direction is given, the appropriate Minister shall consult with the Corporation as to its content and timing.
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Obligation to implement 28 The Corporation shall ensure that every direction it receives is implemented as soon as is practicable.
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Implementation in best interests of Corporation 29 Compliance by the Corporation with a direction is deemed to be in the best interests of the Corporation.
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Notification of implementation 30 Immediately after implementing a direction, the Corporation shall notify the appropriate Minister to that effect.
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Compensation 31 (1) The appropriate Minister shall compensate the Corporation for any financial loss determined in accordance with subsection (2) that it has sustained or will sustain in complying with a direction under subsection 24(1) or (3) and for that purpose, the appropriate Minister may require an audit of the books and records of the Corporation to determine the amount of that financial loss. Financial loss (2) The financial loss for which compensation is payable under this section is the amount by which the incremental costs to the Corporation resulting from complying with the direction exceed the incremental revenues generated by the provision of the services. Appropriation required (3) The amount of compensation shall be paid out of money appropriated by Parliament for the purpose.
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Charges for availability or provision of services 32 (1) The Corporation may impose charges on a user for the availability or provision of air navigation services provided by the Corporation or a person acting under the authority of the Minister of National Defence. Exception (2) No charge may be imposed under subsection (1) (a) on a user who is a person acting under the authority of the Minister of National Defence; or (b) on a user in respect of a state aircraft of a foreign country, unless the foreign country has been designated under subsection (3). Designation (3) The Governor in Council may, by order, designate any country to be a country in respect of which charges may be imposed for the purpose of subsection (2). Deeming (4) A charge imposed on a user under subsection (1) is deemed to be in respect of aircraft operated by that user. Restriction (5) No charge may be imposed under subsection (1) in respect of air navigation services provided by a person acting under the authority of the Minister of National Defence unless the Corporation provides and charges for similar services in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services. Telecommunications Act (6) The Telecommunications Act does not apply in respect of any charges imposed by the Corporation pursuant to this Act.
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Initial charges 33 (1) Subject to this Act, the charges imposed by the Corporation on or after the transfer date for air navigation services shall be the charges that were imposed by the Minister immediately before the transfer date. Charges not new or revised charges (2) For the purposes of this Act, charges imposed under subsection (1) are not new charges for air navigation services or revised charges.
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New and revised charges 34 (1) Subject to this Act, the Corporation may, on or after the transfer date, establish new charges for air navigation services and revise existing charges, including a charge referred to in subsection 33(1). Where dollar amount changes (2) The Corporation is deemed to be revising an existing charge each time the dollar amount of the charge changes.
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, other than in respect of the provision of civil air navigation services. Flat-fee (7) Notwithstanding subsection (3), a category of users may be charged on a flat-fee basis so long as the charge is otherwise consistent with the charging principles set out in subsection (1). Application of paragraph (1)(c) (8) Paragraph (1)(c) does not apply in respect of charges for en route air traffic control services for the period during which an air transportation tax is levied under the Excise Tax Act . 1996, c. 20, s. 35; 2017, c. 26, s. 62
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Notice of new or revised charge 36 (1) Where the Corporation proposes to establish a new charge for air navigation services or revise an existing charge, it shall give notice of the proposal in accordance with this section. Contents of notice (2) The notice must (a) set out the particulars of the proposal; (b) specify that a document containing more details about the proposal, including a justification for the proposal in relation to the charging principles set out in section 35, can be obtained from the Corporation on request; and (c) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice. How notice is to be given (3) The Corporation shall (a) send, by mail or by electronic means, a copy of the notice 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 notice 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 notice with the Agency.