Budget 2025 Implementation Act, No. 1 (S.C. 2026, c. 3)

• (c) either

  • (i) destroyed in the manner that the Minister of Public Safety and Emergency Preparedness may direct, or

  • (ii) subject to regulations made under section 109.1, donated to a registered charity, as defined in subsection 248(1) of the Income Tax Act, in the manner that that Minister may direct and for any purpose that that Minister may specify; and

• (d) not damaged before their destruction or donation.

Marginal note:Regulations — donated goods

109.1 The Governor in Council may, on the recommendation of the Minister, make regulations prescribing the goods or classes of goods that may be donated for the purposes of subparagraph 109(c)(ii).

• (h) to ensure that the supply and distribution of the article in Canada or internationally are consistent with Canada’s economic security interests; or

• (i) to respond to acts, policies or practices of a foreign country or an association of countries that might be detrimental to Canada’s economic security interests.

• (g) to ensure that the supply and distribution of the article in Canada or internationally are consistent with Canada’s economic security interests.

Marginal note:Application of Part

• 4 (1) Subject to any regulations under paragraph 4.9(w), this Part applies in respect of aeronautics to

  • (a) all persons and all aeronautical products and other things in Canada;

  • (b) all persons outside Canada who hold Canadian aviation documents;

  • (c) all Canadian aircraft outside Canada and all passengers and crew members on Canadian aircraft outside Canada; and

  • (d) all persons and goods on board aircraft bound for Canada.

Marginal note:Manner of service

• 4.11 (1) If a provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part requires a notice or other document to be served personally or by registered or certified mail, it may also be served by electronic means.

• Marginal note:Proof of service

  (2) Service by electronic means may be proved by a record of electronic transmission setting out the date and time of transmission.

• Marginal note:Date service effective

  (3) Service by electronic means is considered effective on the day on which it is sent, as indicated on the record of transmission.

• (n.1) manage the use of remotely piloted aircraft systems and equipment or systems that can cause interference with the operation of remotely piloted aircraft systems; and

Marginal note:Definition of screening

4.7 In sections 4.71 to 4.85, screening means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders.

• (k) requiring a person or class of persons having aviation security responsibilities to develop and document security management systems or other systems in relation to aviation security and to keep them up to date;

• (k.1) requiring a person or class of persons having aviation security responsibilities to develop and document processes, procedures, programs or plans in relation to aviation security and to keep them up to date;

• (k.2) requiring a person or class of persons having aviation security responsibilities to develop documents, such as manuals, in relation to aviation security and to keep them up to date;

• (k.3) respecting the content and requirements of a system, process, procedure, program, plan or document referred to in any of paragraphs (k) to (k.2);

• (k.4) requiring a person or class of persons having aviation security responsibilities to comply with the provisions or requirements of a system, process, procedure, program, plan or document referred to in any of paragraphs (k) to (k.2);

Marginal note:No offence or violation

4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence or violation if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure, an emergency direction or an interim order.

Regulations — General

Marginal note:Contents of regulations

4.901 Without limiting the generality of section 4.9, regulations may be made under that section

• (a) requiring a person or class of persons having aviation safety responsibilities to develop and document safety management systems or other systems in relation to aviation safety and to keep them up to date;

• (b) requiring a person or class of persons having aviation safety responsibilities to develop and document processes, procedures, programs or plans in relation to aviation safety and to keep them up to date;

• (c) requiring a person or class of persons having aviation safety responsibilities to develop documents, such as manuals, in relation to aviation safety and to keep them up to date;

• (d) respecting the content and requirements of a system, process, procedure, program, plan or document referred to in any of paragraphs (a) to (c); and

• (e) requiring a person or class of persons having aviation safety responsibilities to comply with the provisions or requirements of a system, process, procedure, program, plan or document referred to in any of paragraphs (a) to (c).

Civil Air Navigation Service Level

Hours of Work and Insurance

Prohibitions and Restrictions on the Operation of Aircraft

Systems, Processes, Procedures, Programs, Plans and Documents

Marginal note:Definition of regulatory requirement

5.11 In sections 5.12 to 5.14, regulatory requirement means a requirement of a regulation made under subsection 4.71(1) or section 4.9 or a requirement of a security measure.

Marginal note:Notice — deficiencies

5.12 If a person has developed and is keeping up to date a system, process, procedure, program, plan or document under a regulatory requirement and the Minister is of the opinion that the system, process, procedure, program, plan or document has deficiencies that risk compromising aviation safety or security, the Minister may, by notice sent to the person, require the person to take the necessary corrective measures within a period specified by the Minister.

Marginal note:Notice — operations

5.13 If a person has developed and is keeping up to date a system, process, procedure, program, plan or document under a regulatory requirement and the Minister is of the opinion that the person is carrying out an operation referred to in that system, process, procedure, program, plan or document in a manner that risks compromising aviation safety or security, the Minister may, by notice sent to the person, require the person to take the necessary corrective measures within a period specified by the Minister.

Marginal note:Statutory Instruments Act

5.14 The Statutory Instruments Act does not apply to the following documents:

• (a) a document developed for the purpose of documenting a system, process, procedure, program or plan under a regulatory requirement;

• (b) a document developed under a regulatory requirement;

• (c) a document the provisions or requirements of which a person is to comply with under a regulatory requirement; and

• (d) a notice referred to in section 5.12 or 5.13.

Radiocommunication Act and Explosives Act

Voluntary Provision of Information

Marginal note:Provision of information

• 5.31 (1) For the purpose of promoting aviation safety and security, the Minister may

  • (a) establish and administer programs under which a person or organization may provide information related to aviation safety or security; and

  • (b) enter into arrangements or agreements with any person or organization respecting the provision of information related to aviation safety or security.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting the programs, arrangements and agreements referred to in subsection (1) and, without restricting the generality of the foregoing, may make regulations prescribing circumstances for the purposes of paragraph 5.32(j) or 5.33(f).

Marginal note:Non-disclosure of information

5.32 Information obtained by the Minister under a program, arrangement or agreement referred to in subsection 5.31(1) is confidential and must not be disclosed by any person unless

• (a) the person or organization that provided the information consents in writing to its disclosure;

• (b) the information is required to be provided under this Act;

• (c) the information was also obtained by means other than under the program, arrangement or agreement;

• (d) the disclosure is required under an Act of Parliament;

• (e) the disclosure is required for compliance with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for compliance with rules of court relating to the production of information;

• (f) the information relates to

  • (i) a contravention of any provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part, and

  • (ii) an accident or a security incident that must be reported under this Act or an accident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act;

• (g) the information relates to a contravention of subsection 7.3(1) or 7.41(1);

• (h) the information relates to a contravention of any provision of this Part — other than subsection 7.3(1) or 7.41(1) — or any regulation, notice, order, security measure or emergency direction made under this Part and the Minister has reasonable grounds to believe that the contravention was committed knowingly or under circumstances amounting to gross negligence or, in Quebec, gross fault;

• (i) the disclosure is, in the Minister’s opinion, necessary to deal with

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

  • (ii) 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

• (j) the disclosure is authorized in the circumstances prescribed by regulations.

Marginal note:Protection

5.33 Any information provided under a program, arrangement or agreement referred to in subsection 5.31(1) is not to be used against the person who provided it in any proceedings in respect of a contravention under this Act unless

• (a) the information is required to be provided under this Act;

• (b) the information was also obtained by means other than under the program, arrangement or agreement;

• (c) the information relates to

  • (i) a contravention of any provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part, and

  • (ii) an accident or a security incident that must be reported under this Act or an accident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act;

• (d) the information relates to a contravention of subsection 7.3(1) or 7.41(1);

• (e) the information relates to a contravention of any provision of this Part — other than subsection 7.3(1) or 7.41(1) — or any regulation, notice, order, security measure or emergency direction made under this Part and the Minister has reasonable grounds to believe that the contravention was committed knowingly or under circumstances amounting to gross negligence or, in Quebec, gross fault; or

• (f) the circumstances prescribed by regulations exist.