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Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Assented to 2019-06-21

PART 4Various Measures (continued)

DIVISION 12Security Screening Services Commercialization (continued)

Consequential Amendments

R.S., c. A-2Aeronautics Act

271 Subsection 3(1) of the Aeronautics Act is amended by adding the following in alphabetical order:

designated screening authority

designated screening authority has the same meaning as in subsection 2(1) of the Security Screening Services Commercialization Act; (administration de contrôle désignée)

Marginal note:2004, c. 15, s. 5

272 Paragraph 4.71(2)(k) of the Act is replaced by the following:

  • (k) requiring security management systems to be established by the designated screening authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems;

Marginal note:2004, c. 15, s. 5

  • 273 (1) Paragraph 4.81(3)(c) of the Act is replaced by the following:

    • (c) the president of the designated screening authority; and

  • Marginal note:2004, c. 15, s. 5

    (2) Paragraph 4.81(4)(c) of the Act is replaced by the following:

    • (c) in the case of information disclosed to the president of the designated screening authority, only to persons in the designated screening authority; and

Marginal note:2004, c. 15, s. 5

274 Subsection 4.82(8) of the Act is replaced by the following:

  • Marginal note:Disclosure to Minister and other persons

    (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the designated security authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to transportation security. Any information disclosed to the designated screening authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister.

Marginal note:2004, c. 15, s. 21(1)

275 Paragraph 8.7(1)(a) of the Act is replaced by the following:

  • (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the designated screening authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it;

R.S., c. F-11Financial Administration Act

Marginal note:2002, c. 9, s. 3

276 Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

  • Canadian Air Transport Security Authority

    Administration canadienne de la sûreté du transport aérien

1996, c. 10Canada Transportation Act

Marginal note:2007, c. 19, s. 8(4)

277 Subparagraph 50(1.1)(c)(i) of the Canada Transportation Act is replaced by the following:

2015, c. 20, s. 11Secure Air Travel Act

278 Paragraph 28(1)(a) of the Secure Air Travel Act is replaced by the following:

  • (a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the designated screening authority, as defined in subsection 2(1) of the Security Screening Services Commercialization Act, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and

Coming into Force

Marginal note:Transfer date

DIVISION 132014, c. 29, s. 2Aviation Industry Indemnity Act

280 The long title of the Aviation Industry Indemnity Act is replaced by the following:

An Act respecting the indemnity of certain aviation industry participants and beneficiaries for certain events

281 The definition event in section 2 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) an act or omission committed by NAV CANADA, or any of its officers, employees or agents or mandataries, in accordance with an instruction given under an agreement entered into between that corporation and Her Majesty in right of Canada respecting the provision of air navigation services, as defined in subsection 2(1) of the Civil Air Navigation Services Commercialization Act, to the Department of National Defence or the Canadian Forces. (événement)

  • 282 (1) Subsection 3(1) of the Act is replaced by the following:

    Marginal note:Undertaking by Minister

    • 3 (1) The Minister may, in writing, undertake to indemnify

      • (a) any aviation industry participant or class of aviation industry participant against their loss or damage, or liability for loss or damage, that is caused by an event; or

      • (b) any beneficiary or class of beneficiary under an insurance policy held by an aviation industry participant against that beneficiary’s, or class of beneficiary’s, loss or damage that is caused by an event.

  • (2) Paragraphs 3(2)(a) and (b) of the French version of the Act are replaced by the following:

    • a) tout ou partie des pertes ou dommages que le participant de l’industrie aérienne ou le bénéficiaire d’une police d’assurance contractée par celui-ci subissent ou dont le participant est responsable qui ne sont pas assurés ou qui ne donnent par ailleurs pas droit à une indemnité;

    • b) les pertes ou dommages que le participant ou le bénéficiaire subissent ou dont le participant est responsable qui ne constituent pas exclusivement des pertes de revenus.

  • (3) Paragraph 3(3)(c) of the French version of the Act is replaced by the following:

    • c) préciser les catégories de pertes ou de dommages que le participant ou le bénéficiaire d’une police d’assurance contractée par celui-ci subissent ou les catégories de responsabilité engagée par le participant à l’égard de pertes ou de dommages, qui sont visées par l’engagement ou qui en sont exclues;

  • (4) Paragraph 3(3)(d) of the Act is replaced by the following:

    • (d) establish the maximum amount of indemnification, or the method to determine that amount, that may be paid out under the undertaking;

  • (5) Paragraph 3(3)(e) of the French version of the Act is replaced by the following:

    • e) exiger de tout participant qu’il contracte une assurance minimale contre des événements pour le montant que précise le ministre;

  • (6) Paragraph 3(3)(f) of the Act is replaced by the following:

    • (f) require that an aviation industry participant or any beneficiary under an insurance policy held by an aviation industry participant enter, at the Minister’s request, into an agreement with the Minister respecting the conduct or settlement of any proceedings to which the participant or beneficiary is a party that are related to loss, damage or liability covered by the undertaking.

  • (7) Subsection 3(4) of the Act is replaced by the following:

    • Marginal note:Different terms

      (4) In attaching terms to an undertaking, the Minister may distinguish among aviation industry participants or beneficiaries, including among aviation industry participants or beneficiaries of the same class, and may distinguish among classes of aviation industry participants or beneficiaries.

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