Civil Air Navigation Services Commercialization Act (S.C. 1996, c. 20)

Application

Marginal note:Aircraft

4 This Act applies in respect of every aircraft in Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

Marginal note:Aeronautics Act

5 Nothing in this Act affects the application of the Aeronautics Act.

Marginal note:Authority of Minister of National Defence

6 Nothing in this Act derogates from the authority conferred on the Minister of National Defence by the National Defence Act.

PART ICommercialization of Civil Air Navigation Services

Authority to Transfer

Marginal note:Authority to transfer

7 The Minister may sell, lease or otherwise transfer the right, title and interest of Her Majesty in right of Canada in designated civil air navigation services assets to the Corporation.

Not Agent of Her Majesty

Marginal note:Not agent of Her Majesty

8 For all purposes the Corporation is not an agent of Her Majesty in right of Canada and, when providing civil air navigation services, is not doing so on behalf of Her Majesty in right of Canada.

PART IIProvision of Civil Air Navigation Services

Provision of Services

Marginal note:Obligation to provide services

9 Subject to this Act, the Corporation shall, on and after the transfer date, provide all users with the civil air navigation services that the Department of Transport provided immediately before the transfer date and shall do so to the same extent as the services were provided by the Department of Transport.

Marginal note:Prohibition

• 10 (1) Subject to subsections (2) to (4), no person, other than the Corporation, shall, on or after the transfer date, provide

  • (a) aeronautical information services,

  • (b) air traffic control services, or

  • (c) specified flight information services,

  in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

• Marginal note:Exceptions

  (2) A person may do anything mentioned in subsection (1) if

  • (a) the person is acting under the authority of the Minister of National Defence; or

  • (b) the person is doing so with the written consent of the Corporation.

• Marginal note:Exception — airport air traffic control services

  (3) Where a person was providing airport air traffic control services at an aerodrome immediately before March 14, 1996, the person may provide airport air traffic control services at that aerodrome on and after the transfer date until the person is no longer providing the services at the aerodrome.

• Marginal note:Exception — aeronautical information services

  (4) A person may provide aeronautical information services if the person is disseminating aeronautical information

  • (a) that was initially disseminated by the Corporation; or

  • (b) that is urgently required for reasons of aviation safety or the safety of the public.

• Marginal note:Meaning of specified flight information services

  (5) For the purposes of this section, specified flight information services means

  • (a) the acceptance, processing and activation of flight plans, amendments to flight plans and cancellations of flight plans;

  • (b) the exchange of flight plan information with domestic or foreign governments or agencies or foreign air traffic services units; and

  • (c) the provision of known information concerning ground and air traffic in respect of an aerodrome, where the Corporation is providing that information in respect of that aerodrome.

Designation as Authority for Chicago Convention

Marginal note:Designation of Corporation

11 The Corporation is hereby designated as the authority in Canada responsible for providing

• (a) aeronautical information services for the purposes of Annexes 4 and 15 to the Chicago Convention; and

• (b) air traffic control services for the purposes of Annex 11 to the Chicago Convention.

Aeronautical Radio Navigation Services

Marginal note:Technical and operational standards

• 12 (1) In order to ensure that aeronautical radio navigation services are provided in accordance with technical and operational standards that are consistent and that persons who provide those services have adequate liability insurance in respect of those services, the Corporation may propose technical and operational standards, or the minimum amount of that insurance, to the Minister for inclusion in regulations made under the Aeronautics Act.

• Marginal note:Recommendation of Minister

  (2) If, after receiving a proposal under subsection (1), the Minister is satisfied that the standards, or the minimum amount of liability insurance, as the case may be,

  • (a) are adequate with respect to aviation safety and the safety of the public,

  • (b) do not impose an undue obligation on providers of aeronautical radio navigation services, and

  • (c) are reasonable, taking into account practices in other countries,

  the Minister shall, after having consulted with interested persons, recommend to the Governor in Council that the standards, or the minimum amount of liability insurance, as the case may be, be incorporated by reference, or specified as the minimum amount of liability insurance, as the case may be, in regulations made under the Aeronautics Act.

• Marginal note:Publication of standards

  (3) The Corporation shall publish all of its technical and operational standards that are incorporated by reference in regulations made under the Aeronautics Act.

Planning and Management of Airspace

Marginal note:Corporation may plan and manage airspace

13 Subject to the Governor in Council’s right under the Aeronautics Act to make regulations respecting the classification and use of airspace and the control and use of aerial routes, the Corporation has the right to plan and manage Canadian airspace and any other airspace in respect of which Canada has responsibility for the provision of air traffic control services, other than airspace under the control of a person acting under the authority of the Minister of National Defence.

Changing Services and Closing Facilities

Marginal note:Corporation may make changes

14 The Corporation may, in accordance with this Act but subject to the provisions of the Aeronautics Act and of any regulations made under that Act that relate to aviation safety or the safety of the public,

• (a) introduce or increase civil air navigation services;

• (b) terminate or reduce civil air navigation services; and

• (c) close or relocate facilities used by it in connection with civil air navigation services.

Marginal note:Notice of changes

• 15 (1) Where the Corporation proposes to do anything mentioned in section 14 and, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the proposal is likely to affect a significant group of users in a material way, the Corporation shall give notice of the proposal in accordance with this section.

• Marginal note:Contents of notice

  (2) The notice must

  • (a) set out the particulars of the proposal; and

  • (b) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice.

• Marginal note:How notice is to be given

  (3) The Corporation shall send, by mail or by electronic means, a copy of the notice to

  • (a) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the proposal, and

  • (b) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act,

  and, after having done so, the Corporation shall post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet.

Marginal note:When proposal can be implemented

16 Where a notice is required to be given under section 15 in respect of anything mentioned in section 14, the Corporation may only do that thing after 60 days have expired since the day the notice was posted in accordance with subsection 15(3).

Marginal note:Order under s. 4.91(1) of the Aeronautics Act

17 Sections 15 and 16 do not apply if the Corporation is increasing civil air navigation services in order to comply with an order made under subsection 4.91(1) of the Aeronautics Act.

Designated Northern or Remote Services

Marginal note:Notice of termination or reduction

• 18 (1) Where the Corporation proposes to terminate or reduce designated northern or remote services and, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the proposal is likely to affect a significant group of users or residents in a material way, the Corporation shall give notice of the proposal in accordance with this section.

• Marginal note:Contents of notice

  (2) The notice must

  • (a) set out the particulars of the proposal, including whether civil air navigation services are going to be introduced as a result of the termination or reduction; and

  • (b) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice.

• Marginal note:How notice is to be given

  (3) The Corporation shall

  • (a) send, by mail or by electronic means, a copy of the notice to

    • (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the termination or reduction of services, and

    • (ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and

  • (b) post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,

  and, after having done so, the Corporation shall send, by mail or by electronic means, a copy of the notice to the government of every province affected by the termination or reduction.

Marginal note:Rejection of proposal

• 19 (1) Subject to sections 20 to 22, where a notice is required to be given under section 18 in respect of a proposal to terminate or reduce designated northern or remote services, the Corporation may only implement the proposal if, within 45 days after sending the notice to the government of the provinces affected by the proposal, the Corporation is not notified in writing that the government of any province affected by the proposal, or users, have rejected it.

• Marginal note:Rejection by users

  (2) For the purposes of this section and section 20, users are deemed to have rejected a proposal if users accounting for at least one third of the revenues received by the Corporation in respect of civil air navigation services at the nearest aerodrome in the 12 months immediately before the day the notice required under section 18 was sent to the government of the provinces affected by the termination or reduction, indicate their disapproval of the proposal in writing.

Marginal note:Minister may approve proposal

• 20 (1) Where

  • (a) the government of a province affected by a proposal to terminate or reduce designated northern or remote services has rejected the proposal, or

  • (b) users have rejected the proposal,

  the Corporation may implement the proposal if the Minister approves it in writing and the Corporation complies with sections 21 and 22.

• Marginal note:No compensation

  (2) The Corporation is not entitled to financial compensation for any financial loss that results or may result from the Minister’s not approving a proposal.