Aviation Industry Indemnity Act

Marginal note:Claim and indemnification

• 7 (1) After an aviation industry participant or beneficiary under an insurance policy held by that participant submits a written claim for indemnification under an undertaking, the Minister must review the claim and — if a notice was provided in accordance with section 6 and the Minister determines that the claim is eligible for indemnification under the undertaking as it read on the day on which the event that gave rise to the claim occurred — indemnify the participant or beneficiary accordingly.

• Marginal note:Further information

  (2) The aviation industry participant or beneficiary must provide the Minister with any additional information that the Minister considers necessary to determine if the claim is eligible for indemnification.

• Marginal note:Deeming  — single event

  (3) If the Minister considers that two or more events are directly connected by any factor or factors, including timing, cause or the parties involved, he or she may deem the events to be a single event.

• Marginal note:Reliance on court or tribunal

  (4) The Minister may, in determining if a claim is eligible for indemnification, rely on a final determination, not subject to any appeal, of a court or other tribunal, in or outside Canada.

• Marginal note:Fault

  (5) Despite subsection (1), the Minister is not required to indemnify an aviation industry participant or beneficiary if the Minister is of the opinion that the loss, damage or liability claimed is principally the fault of that aviation industry participant or beneficiary, as the case may be.

• Marginal note:For greater certainty

  (6) For greater certainty, the Minister’s determination of whether the claim is eligible for indemnification includes a determination of the amount, if any, of the indemnification.