Marginal note:Binding on Her Majesty
3. This Act is binding on Her Majesty in right of Canada or a province.
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
Marginal note:Authority of Minister of National Defence
COMMERCIALIZATION 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.
PROVISION 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.
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.
(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.
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