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

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:Contents of notice

  (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed,

  • (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

  • (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 the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Effective date of Minister’s decision

  (2.1) The Minister’s decision takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served or to whom it is sent, unless the notice indicates that the decision is to take effect on a later date.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on him or sent to him under that subsection, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension to which the decision relates.

• Marginal note:Appointment of review time

  (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension under review.

• 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:Effect of decision pending reconsideration

  (7.1) If a decision of the Minister under subsection (1) is referred back to the Minister for reconsideration under paragraph (7)(a), the decision of the Minister remains in effect until the reconsideration is concluded.

• Marginal note:Request for reconsideration of immediate threat

  (8) If no appeal from a determination under subsection (7) confirming the Minister’s decision is taken under section 7.2 within the time limited for doing so under that section or an appeal panel has, on an appeal under that section, confirmed the Minister’s decision under this section, or if the Minister, after reconsidering the matter under paragraph (7)(a) or 7.2(3)(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:Reconsideration

  (9) On receipt of a request under subsection (8), the Minister shall forthwith reconsider the matter and give a notice of his decision to the holder, owner or operator who made the request, and the provisions of this section and section 7.2 providing for a review of a decision of the Minister and an appeal from a determination on a review apply, with such modifications as the circumstances require, to and in respect of a decision of the Minister under this subsection.

Marginal note:Suspension, etc., on other grounds

• 7.1 (1) If the Minister decides to suspend, cancel or refuse to renew a Canadian aviation document on the grounds that

  • (a) the holder of the document is incompetent,

  • (b) the holder or any aircraft, airport or other facility in respect of which the document was issued ceases to meet the qualifications necessary for the issuance of the document or to fulfil the conditions subject to which the document was issued, or

  • (c) the Minister is of the opinion that the public interest and, in particular, the aviation record of the holder of the document or of any principal of the holder, as defined in regulations made under paragraph 6.71(3)( a), warrant it,

  the Minister shall, by personal service or by registered or certified mail sent to the holder or the owner or operator of the aircraft, airport or facility, as the case may be, at their latest known address, notify that person of the Minister’s decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall be in such form as the Governor in Council may by regulation prescribe and shall, in addition to any other information that may be so prescribed,

  • (a) indicate, as the case requires,

    • (i) [Repealed, 2001, c. 29, s. 37]

    • (ii) the nature of the incompetence of the holder of the Canadian aviation document that the Minister believes exists, the qualifications necessary for the issuance of the document that the Minister believes the holder of the document or the aircraft, airport or facility in respect of which the document was issued ceases to have or the conditions subject to which the document was issued that the Minister believes are no longer being met or complied with, or

    • (iii) the elements of the public interest on which the decision of the Minister is based; 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 the holder of the document or the owner or operator concerned wishes to have the decision reviewed.

• Marginal note:Effective date of Minister’s decision

  (2.1) The Minister’s decision to suspend or cancel a Canadian aviation document takes effect on the date of receipt of the notice under subsection (1) by the person on whom it is served or to whom it is sent, unless the notice indicates that the decision is to take effect on a later date.

• Marginal note:Request for review of Minister’s decision

  (3) Where the holder of a Canadian aviation document or the owner or operator of any aircraft, airport or other facility in respect of which a Canadian aviation document is issued who is affected by a decision of the Minister referred to in subsection (1) wishes to have the decision reviewed, he shall, on or before the date that is thirty days after the notice is served on or sent to him under that subsection or within such further time as the Tribunal, on application by the holder, owner or operator, may allow, in writing file with the Tribunal at the address set out in the notice a request for a review of the decision.

• Marginal note:Request for review not a stay of suspension, etc.

  (4) A request for a review of the decision of the Minister under subsection (3) does not operate as a stay of the suspension, cancellation or refusal to renew to which the decision relates.

• Marginal note:Appointment of review time

  (5) On receipt of a request filed in accordance with subsection (3), the Tribunal shall forthwith appoint a time, as soon as practicable after the request is filed, and place for the review of the decision referred to in the request and in writing notify the Minister and the person who filed the request of the time and place so appointed.

• Marginal note:Review procedure

  (6) At the time and place appointed under subsection (5) for the review of the decision, the member of the Tribunal assigned to conduct the review shall provide the Minister and the holder of the Canadian aviation document or the owner or operator affected by the decision, as the case may be, with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations in relation to the suspension, cancellation or refusal to renew under review.

• Marginal note:Determination of Tribunal member

  (7) On a review under this section of a decision of the Minister to suspend, cancel or refuse to renew a Canadian aviation document, the member of the Tribunal who conducts the review may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration.

• Marginal note:Effect of decision pending reconsideration

  (8) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under subsection (7), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to aviation safety.

• (9) [Repealed, 2001, c. 29, s. 37]

Marginal note:Right of appeal

• 7.2 (1) Within thirty days after the determination,

  • (a) a person affected by the determination may appeal a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7) to the Tribunal; or

  • (b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may

  • (a) in the case of a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

  • (b) in the case of a determination made under subsection 6.9(8) or paragraph 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

• Marginal note:Effect of decision pending reconsideration

  (4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security.

Marginal note:Default in payment

• 7.21 (1) The Minister may suspend, or refuse to issue, amend or renew, a Canadian aviation document if a certificate under section 7.92, paragraph 8(b) or subsection 8.1(4) has been issued to the Minister in respect of the applicant for, or the holder of, the document or in respect of the owner or operator of an aircraft, aerodrome, airport or other facility to which the document relates.

• Marginal note:Notice

  (2) The Minister shall, by personal service or by registered or certified mail sent to the applicant, holder, owner or operator, as the case may be, at their latest known address, notify that person of a decision made under subsection (1) and, in the case of a suspension, of the effective date of the suspension, which shall not be earlier than thirty days after the notice is served or sent.