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

Act current to 2015-09-27 and last amended on 2015-08-01. Previous Versions

Marginal note:Certificate

 A certificate purporting to be signed by the Minister of National Defence or the Chief of the Defence Staff and stating that a notice containing the regulation or notice referred to in paragraph 6.2(1)(a) was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons.

  • 2014, c. 29, s. 14.

Boards of Inquiry

Marginal note:Establishment
  •  (1) The Minister may establish a board of inquiry to inquire, subject to the Canadian Transportation Accident Investigation and Safety Board Act, into the circumstances of any accident involving an aircraft, any alleged contravention under this Part or any incident involving an aircraft that, in the opinion of the Minister, endangered the safety of persons, and may designate the persons who are to be members of that board.

  • Marginal note:Powers of boards

    (2) Every person designated by the Minister as a member of a board of inquiry has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act.

  • Marginal note:Witnesses

    (3) Every witness who attends and gives evidence before a board of inquiry is entitled to be paid reasonable travel and living expenses incurred by the witness in so attending and giving evidence and the witness fees prescribed in the tariff of fees in use in the superior court of the province in which the witness’s evidence is given.

  • Marginal note:Reports of boards

    (4) A board of inquiry shall send a full report of the inquiry conducted by it to the Minister within such time as the Minister may require.

  • (5) [Repealed, 1989, c. 3, s. 39]

  • R.S., 1985, c. 33 (1st Supp.), s. 1;
  • 1989, c. 3, s. 39.

 [Repealed, 2014, c. 29, s. 16]

Interim Orders

Marginal note:Interim orders
  •  (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part

    • (a) to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

    • (b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or

    • (c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident.

  • Marginal note:Authorized deputy may make interim order

    (1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, his or her deputy to make, for any reason referred to in any of paragraphs (1)(a) to (c), an interim order that contains any provision that may be contained in a regulation made under this Part.

  • Marginal note:Consultation

    (1.2) Before making an interim order, the Minister or deputy, as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances.

  • Marginal note:Coming into effect

    (2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

  • Marginal note:Recommendation by Minister

    (3) Where the Governor in Council approves an interim order, the Minister shall, as soon as possible after the approval, recommend to the Governor in Council that a regulation having the same effect as the interim order be made under this Part, and the interim order ceases to have effect

    • (a) where such a regulation is made, on the day on which the regulation comes into force; and

    • (b) where no such regulation is made, one year after the day on which the interim order is made.

  • Marginal note:Publication in Canada Gazette

    (4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made.

  • Marginal note:Tabling of interim order

    (5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

  • Marginal note:House not sitting

    (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.

  • 1992, c. 4, s. 13;
  • 2004, c. 15, s. 11;
  • 2015, c. 3, s. 4(F).