Marginal note: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.
(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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
(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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
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