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Government Airport Concession Operations Regulations (SOR/79-373)

Regulations are current to 2024-11-26 and last amended on 2012-03-14. Previous Versions

Issue of Permits (continued)

 When a permit expires, the permit shall be returned by the permit holder to the airport manager.

 The airport manager shall, on notice to the applicant, refer any application for a permit received by him to a Board for its advice as to whether the permit, in the interests of public necessity and convenience, should be issued and, if issued, as to the terms and conditions under which it should be issued.

 Where the Board has advised the airport manager, pursuant to a referral under section 13, the airport manager shall consider such advice before issuing or refusing to issue the permit if

  • (a) the advice is given, pursuant to a hearing by the Board;

  • (b) the applicant was a party to the hearing; and

  • (c) the airport manager or his representative was given an opportunity to be heard at the hearing.

Suspension of Permits

  •  (1) Subject to subsection (2), an airport manager may suspend a permit for a period not exceeding 30 days where he has reason to believe that the permit holder or driver of the motor vehicle for which the permit was issued has violated any provision of these Regulations or any of the terms and conditions under which the permit was issued.

  • (2) No permit shall be suspended pursuant to subsection (1)

    • (a) unless written notice of the proposed suspension has been delivered by hand or sent by registered mail to the permit holder, at the address set out in the permit, stating

      • (i) the reason for the proposed suspension,

      • (ii) the period of the proposed suspension, and

      • (iii) that the permit holder may, within 10 days of the date on which the notice was delivered by hand or sent by registered mail

        • (A) submit a request to appear before the airport manager for the purpose of making representations in respect of the proposed suspension, or

        • (B) submit the reasons, in writing, to the airport manager showing cause why the permit should not be suspended; and

    • (b) until the expiration of the 10-day period specified in subparagraph (a)(iii).

  • (3) Where an airport manager has received the representations referred to in clause (2)(a)(iii)(A) or the reasons referred to in clause (2)(a)(iii)(B), he shall consider the representations or reasons, as the case may be, and shall decide whether the permit is to be suspended and, if the permit is to be suspended, whether it is to be suspended for the proposed period referred to in subparagraph 2(a)(ii) or for a lesser period.

  • (4) When the airport manager has made a decision in accordance with subsection (3), he shall, without delay, inform the permit holder of the decision by written notice delivered by hand or sent by registered mail to the permit holder at the address set out in the permit.

  • (5) The airport manager shall, within seven days of the suspension of any permit, send a written report of the suspension to the Minister accompanied by a recommendation as to whether or not the permit should be cancelled.

 Where a permit is suspended, the permit holder shall forthwith return the permit to the airport manager.

Cancellation of Permits

  •  (1) Subject to this section, where a permit holder or driver has violated any provision of these Regulations or any of the terms and conditions under which the permit was issued, the Minister may, on the recommendation of an airport manager, cancel the permit.

  • (2) No permit shall be cancelled pursuant to subsection (1),

    • (a) unless written notice of the proposed cancellation has been delivered by hand or sent by registered mail to the permit holder, at the address set out in the permit, stating

      • (i) the reason for the proposed cancellation, and

      • (ii) that the permit holder may, within 10 days of the date on which the notice was delivered by hand or sent by registered mail, submit reasons, in writing, to the Minister showing cause why the permit should not be cancelled; and

    • (b) until the expiration of the 10-day period specified in subparagraph (a)(ii).

  • (3) Where the Minister has received the reasons referred to in subparagraph (2)(a)(ii), he shall

    • (a) consider the reasons and decide whether or not to cancel the permit; or

    • (b) refer the matter with all relevant information to a Board for its advice as to whether or not the permit should be cancelled.

  • (4) Where the Minister has referred the matter to a Board pursuant to paragraph (3)(b) and the Board has advised the Minister, the Minister shall consider the advice of the Board if

    • (a) the advice is given, pursuant to a hearing by the Board,

    • (b) the permit holder was a party to the hearing, and

    • (c) the Minister or his representative was given an opportunity to be heard at the hearing

    and shall decide whether or not to cancel the permit.

  • (5) When the Minister has made a decision in accordance with paragraph (3)(a) or subsection (4), he shall, without delay, inform the permit holder of the decision by written notice delivered by hand or sent by registered mail to the permit holder at the address set out in the permit.

  • (6) Where a permit is cancelled, the permit holder shall forthwith return the permit to the airport manager.

Plates

  •  (1) Where a plate has been provided pursuant to subsection 11(2), the plate shall be securely affixed at all times to the exterior of the vehicle for which it was provided to identify that vehicle as a vehicle for which a permit is in force.

  • (2) Every plate shall remain the property of the Minister and shall be returned, without delay, by the operator to whom it was provided to the airport manager on the expiration, suspension or cancellation of a permit issued to that operator.

  • (3) Where a plate has been received from an operator, pursuant to subsection (2), as a result of the suspension of a permit, the plate shall be returned to that operator on the termination of the suspension.

 No operator to whom a permit has been issued in respect of a commercial passenger vehicle or a courtesy vehicle shall operate that vehicle at an airport unless the vehicle has the plate provided for the vehicle affixed to the vehicle in accordance with subsection 18(1).

Punishment

 Every person who contravenes these Regulations is liable on summary conviction to a fine not exceeding four hundred dollars.

  • SOR/95-228, s. 4(E)
 

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