An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)
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Assented to 2004-05-06
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5
12. (1) Subsections 6.9(1) and (2) of the Act are replaced by the following:
Marginal note:Suspension, etc., if contravention
6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document on the grounds that its holder or the owner or operator of any aircraft, airport or other facility in respect of which it was issued has contravened any provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part, the Minister shall by personal service or by registered or certified mail sent to the holder, owner or operator, as the case may be, at that person's latest known address notify the holder, owner or operator of that decision and of the effective date of the suspension or cancellation, but no suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent.
Marginal note:Contents of notice
(2) The notice must be in the form that the Governor in Council may by regulation prescribe and must, in addition to any other information that may be so prescribed,
(a) indicate the provision of this Part or of the regulation, notice, order, security measure or emergency direction made under this Part that the Minister believes has been contravened; and
(b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event that the holder of the document or the owner or operator concerned wishes to have the decision reviewed.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Subsection 6.9(5) of the Act is replaced by the following:
Marginal note:Exception re stay direction
(5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety or security.
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5
13. (1) Subsection 7(1) of the Act is replaced by the following:
Marginal note:Suspension where immediate threat to aviation safety or security
7. (1) If the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety or security exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the document or that is proposed to be done under the authority of the document, the Minister shall without delay, by personal service or by registered or certified mail sent to the holder of the document or to the owner or operator of any aircraft, airport or other facility in respect of which the document was issued, as the case may be, at that person's latest known address, notify the holder, owner or operator of the Minister's decision.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Paragraph 7(2)(a) of the English version of the Act is replaced by the following:
(a) indicate the immediate threat to aviation safety or security that the Minister believes exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the Canadian aviation document concerned, or that is proposed to be done under the authority of the Canadian aviation document concerned, and the nature of that act or thing; and
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(3) Subsections 7(7) and (8) of the Act are replaced by the following:
Marginal note:Determination
(7) The member of the Tribunal conducting the review may make the following determination:
(a) if the decision of the Minister relates to a person's designation under section 4.84, the member may determine the matter by confirming the Minister's decision or by referring the matter back to the Minister for reconsideration; or
(b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister's decision or by substituting his or her own determination.
Marginal note:Request for reconsideration of immediate threat
(8) If no appeal from a determination confirming a suspension under subsection (7) is taken under section 7.2 within the time limited for doing so under that section or the Tribunal has, on an appeal under section 7.2, confirmed the suspension of a Canadian aviation document under this section, or if the Minister, after reconsidering the matter under paragraph 7(7)(a) or 7.2(5)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
14. (1) Subsection 7.2(1) of the Act is replaced by the following:
Marginal note:Right of appeal
7.2 (1) The Minister or any person affected by the determination of a member of the Tribunal under subsection 6.9(8) or paragraph 7(7)(b) or any person, other than the Minister, affected by the determination of a member of the Tribunal under paragraph 7(7)(a) or subsection 7.1(8) may, within ten days after the determination, appeal the determination to the Tribunal.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
(2) Paragraphs 7.2(5)(a) and (b) of the Act are replaced by the following:
(a) subsection 6.9(8) or paragraph 7(7)(b), by dismissing it or allowing it and in allowing the appeal the Tribunal may substitute its decision for the determination appealed against; or
(b) paragraph 7(7)(a) or subsection 7.1(8), by dismissing it or referring the matter back to the Minister for reconsideration.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
15. Subsection 7.3(3) of the Act is replaced by the following:
Marginal note:Contravention of Part, regulation, etc.
(3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction.
Marginal note:Contravention of subsection 4.81(1)
(3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
16. Paragraph 7.4(5)(b) of the Act is replaced by the following:
(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,
17. The Act is amended by adding the following after section 7.4:
Marginal note: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.
Marginal note: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.
Marginal note:Application
(4) This section applies despite subsections 7.3(4) and (7).
Marginal note:R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 19
18. Paragraphs 7.6(1)(a) and (b) of the Act are replaced by the following:
(a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, in this section and in sections 7.7 to 8.2 referred to as a “designated provision”, as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2;
(a.1) if subsection 4.81(1) or 4.82(4) or (5) is a designated provision, prescribe the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed $50,000; and
(b) prescribe, in respect of any other designated provision, the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed
(i) $5,000, in the case of an individual, and
(ii) $25,000, in the case of a corporation.
Marginal note:R.S., c. 33 (1st Supp.), s. 1
19. Paragraph 8.3(1)(a) of the Act is replaced by the following:
(a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security; or
Marginal note:R.S., c. 33 (1st Supp.), s. 1
20. Section 8.5 of the Act is replaced by the following:
Marginal note:Defence
8.5 No person shall be found to have contravened a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part if the person exercised all due diligence to prevent the contravention.
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