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

Marginal note:When proposal can be implemented

22. The Corporation may only implement a proposal to terminate or reduce designated northern or remote services after 10 days have expired since the day the announcement required under section 21 was sent to the government of the provinces affected by the termination or reduction.

Marginal note:Policies to be established

• 23. (1) The Corporation shall, within one year after the transfer date, establish policies consistent with this Act concerning the levels of civil air navigation services it provides.

• Marginal note:Application of policy

  (2) Subject to this Act, the Corporation shall apply its level of service policies in a consistent manner.

• Marginal note:Revising policies

  (3) The Corporation may revise its level of service policies from time to time.

• Marginal note:Publication

  (4) The Corporation shall publish the level of service policies established or revised under this section.

• Marginal note:Provision of services in excess of policy levels

  (5) Where civil air navigation services are requested in excess of the levels provided for in the level of service policies, the Corporation is not required to provide those additional services unless the person requesting them establishes through written evidence that a majority of the users who will be affected in a material way by the provision of the additional services agree to the provision of the additional services.

• Marginal note:Affected users

  (6) For the purpose of subsection (5), a user shall be considered to be affected by the provision of additional services only if, in the opinion of the Board of Directors of the Corporation acting reasonably and in good faith, the user is likely to use the additional services, pay more for the service that is to be increased or experience a change in service as a result of the provision of the additional services.

• Marginal note:Prior notice

  (7) Before establishing level of service policies or revising those policies, the Corporation shall give notice of its proposal to establish or revise the policies, as the case may be, in accordance with subsections 15(2) and (3).

Marginal note:Directions — northern or remote locations

• 24. (1) The Governor in Council, on the recommendation of the Minister, may give directions in writing to the Corporation to provide civil air navigation services at or in respect of northern or remote locations designated in the directions.

• Marginal note:Directions — international agreements

  (2) Where Canada must, pursuant to an international agreement, provide civil air navigation services in a certain manner or to a certain extent, the Governor in Council, on the recommendation of the Minister, may give directions in writing to the Corporation requiring it to provide the civil air navigation services in that manner or to that extent.

• Marginal note:Directions — national security

  (3) The Governor in Council, on the recommendation of the Minister of National Defence, may give directions in writing to the Corporation to provide civil air navigation services if the Governor in Council is of the opinion that it is in the interest of national security to do so.