Aeronautics Act (R.S.C., 1985, c. A-2)

Act current to 2013-04-29 and last amended on 2012-01-01. Previous Versions

Marginal note:Civil air navigation services

  • 4.41 (1) No order or regulation may be made under this Part that has the effect of imposing charges for civil air navigation services.

  • Marginal note:Minister of National Defence

    (2) No order or regulation may 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 if

    • (a) the charges are for services referred to in subsection 10(1) of the Civil Air Navigation Services Commercialization Act; or

    • (b) the charges 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.
Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note: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.

  • Marginal note: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.