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

Offences

Marginal note:Offences

• 24.6 (1) Every person is guilty of an indictable offence and liable on conviction to a term of imprisonment not exceeding two years, or is guilty of an offence punishable on summary conviction, who

  • (a) contravenes subsection 14(9), (11) or (12);

  • (b) without lawful excuse, intentionally resists or otherwise obstructs an investigator in the exercise or performance of powers, duties or functions under this Part;

  • (c) knowingly gives false or misleading information in any investigation of a military-civilian occurrence under this Part; or

  • (d) makes a report under section 24.2 that they know to be false or misleading.

• Marginal note:Offence

  (2) Every person who contravenes a provision of this Part, or of the regulations made under this Part, for which no punishment is specified is guilty of an offence punishable on summary conviction.

Marginal note:Evidence

• 24.7 (1) Subject to subsections (2) and (3), the following reports and documents are admissible in evidence in any prosecution for an offence under this Part without proof of the signature or official character of the person appearing to have signed the report or certified the document, and are, in the absence of evidence to the contrary, proof of the statements contained in such a report or the contents of such a document:

  • (a) a report purporting to have been signed by an investigator stating that the investigator has exercised any power under section 14 and stating the results of the exercise of the power; and

  • (b) a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator under subsection 14(10).

• Marginal note:Notice

  (2) No report or document is to be received in evidence under subsection (1) unless the party intending to produce it has, at least seven days before producing it, served on the party against whom it is intended to be produced a notice of that intention, together with a copy of the report or document.

• Marginal note:Cross-examination

  (3) The party against whom a report or document is produced under subsection (1) may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.

Military Investigations under Part I

Marginal note:Application of certain provisions

24.8 Section 14, subsections 18(1) to (9) and sections 22 to 24.4 apply, with any necessary modifications, in respect of an investigation of an accident or incident relating to aeronautics that the Minister of National Defence has directed the Authority to carry out other than an investigation of a military-civilian occurrence.

PART III

Staff

Marginal note:Employment of officers, clerks and employees

25 Such officers, clerks and employees as may be necessary for the proper administration of this Act may be employed in the manner authorized by law.

Prosecution

Marginal note:Limitation period

26 No proceedings under sections 7.6 to 8.2 or by way of summary conviction under this Act may be instituted after twelve months from the time when the subject-matter of the proceedings arose.

Marginal note:Proof of documents

• 27 (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister of Transport, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — as a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

  • (a) of the original document of which it purports to be a copy;

  • (b) that the original document was made, given or issued by or by the authority of or deposited with the person named therein and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated therein; and

  • (c) that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

• Marginal note:Certificate

  (2) In any action or proceeding under this Act, any certificate purporting to be signed by the Minister of Transport or the Secretary of the Department of Transport — or, with respect to any matter relating to defence, by the Minister of National Defence or the Chief of the Defence Staff — is evidence of the facts stated in it, without proof of the signature or of the official character of the person appearing to have signed the certificate and without further proof of the certificate, if the certificate states that a document, authorization or exemption under this Act

  • (a) has or has not been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, or

  • (b) having been issued to or in respect of any person named in the certificate or in respect of any aircraft, aerodrome or other aviation facility identified in the certificate, has expired, or has been cancelled or suspended as of a date stated in the certificate, and stating, in the case of a suspension, the period of the suspension.

Marginal note:Document entries as proof

28 In any action or proceeding under this Act, an entry in any record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated therein as against the person who made the entry or was required to keep the record or, where the record was kept in respect of an aeronautical product, aerodrome or other aviation facility, against the owner or operator of the product, aerodrome or facility.

PART IV[Repealed, 2001, c. 29, s. 44]

29 [Repealed, 2001, c. 29, s. 44]

30 [Repealed, 2001, c. 29, s. 44]

31 [Repealed, 2001, c. 29, s. 44]

32 [Repealed, 2001, c. 29, s. 44]

33 [Repealed, 2001, c. 29, s. 44]

34 [Repealed, 2001, c. 29, s. 44]

35 [Repealed, 2001, c. 29, s. 44]

36 [Repealed, 2001, c. 29, s. 44]

37 [Repealed, 2001, c. 29, s. 44]