Budget 2025 Implementation Act, No. 1 (S.C. 2026, c. 3)
Full Document:
- HTMLFull Document: Budget 2025 Implementation Act, No. 1 (Accessibility Buttons available) |
- PDFFull Document: Budget 2025 Implementation Act, No. 1 [4971 KB]
Assented to 2026-03-26
PART 5Various Measures (continued)
DIVISION 28R.S., c. A-2Aeronautics Act (continued)
Amendments to the Act (continued)
476 (1) Subsection 6.41(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):
(d) to give effect to an international standard; or
(e) to give effect to an international agreement, convention or arrangement to which Canada is a party.
(2) Subsection 6.41(1.1) of the Act is replaced by the following:
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, their deputy to make, for any reason referred to in any of paragraphs (1)(a) to (e), an interim order that contains any provision that may be contained in a regulation made under this Part.
(3) Subsection 6.41(2) of the Act is replaced by the following:
Marginal note:Cessation of 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 one year after the day on which it is made unless it is approved by the Governor in Council within that one-year period.
(4) Paragraph 6.41(3)(b) of the English version of the Act is replaced by the following:
(b) where no such regulation is made, three years after the day on which the interim order is made.
477 Subsection 7.21(1) of the Act is replaced by the following:
Marginal note:Default in payment
7.21 (1) The Minister may suspend, or refuse to issue, amend or renew, a Canadian aviation document if a certificate under section 8.11 has been issued to the Minister in respect of the applicant for, or the holder of, the document or in respect of the owner or operator of an aircraft, aerodrome, airport or other facility to which the document relates.
478 (1) Subsection 7.3(1) of the Act is amended by adding the following after paragraph (d):
(d.1) except as authorized under this Part and subject to subsection (1.1), intentionally interfere with the operation of a remotely piloted aircraft system, or with the performance of the duties of any crew member of a remotely piloted aircraft system, while the system is powered on;
(2) Section 7.3 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception — authorized activities
(1.1) Paragraph (1)(d.1) does not apply to a person who is carrying out activities that they are authorized to carry out for the purpose of defence.
(3) Subsections 7.3(3.1) to (5.1) of the Act are replaced by the following:
Marginal note:Punishment — individuals
(4) An individual who is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding $150,000 and, in the case of an offence referred to in subsection (1), to imprisonment for a term not exceeding one year or to both fine and imprisonment.
Marginal note:Punishment — corporations
(5) A corporation that is convicted of an offence under this Part punishable on summary conviction is liable to a fine not exceeding $1,500,000.
Marginal note:Punishment — ANS Corporation
(5.1) Despite subsection (5), if the ANS Corporation is convicted of contravening an order made under subsection 4.91(1), the ANS Corporation is liable to a fine not exceeding $1,500,000 for each day or part of a day the offence continues.
(4) Subsection 7.3(7.1) of the Act is repealed.
479 The Act is amended by adding the following after section 7.41:
Marginal note:Authorization — interference
7.42 (1) The Minister may, on any terms that the Minister considers appropriate, authorize any person or class of persons to interfere with the operation of a remotely piloted aircraft system or with the performance of the duties of any crew member of a remotely piloted aircraft system if the issuance of authorization is, in the Minister’s opinion, in the public interest or necessary for aviation safety or security.
Marginal note:Suspension, cancellation or amendment
(2) The Minister may suspend, cancel or amend an authorization if the suspension, cancellation or amendment is, in the Minister’s opinion, in the public interest or necessary for aviation safety or security.
480 The heading before section 7.6 of the Act is replaced by the following:
Marginal note:Vicarious liability — owners of aircraft
7.51 If a person may be charged with and found guilty of an offence under this Part relating to an aircraft, the registered owner of the aircraft may be charged with and found guilty of the offence — whether or not the person is identified or prosecuted for the offence — unless, at the time of the offence, the aircraft was in the possession of a person other than the owner without the owner’s consent.
Marginal note:Vicarious liability — operators of aircraft
7.52 If a person may be charged with and found guilty of an offence under this Part relating to an aircraft, the operator of the aircraft may be charged with and found guilty of the offence — whether or not the person is identified or prosecuted for the offence — unless, at the time of the offence, the aircraft was in the possession of a person other than the operator without the operator’s consent.
Marginal note:Vicarious liability — pilots-in-command
7.53 If a crew member may be charged with and found guilty of an offence under this Part relating to an aircraft, the pilot-in-command of the aircraft may be charged with and found guilty of the offence — whether or not the crew member is identified or prosecuted for the offence — unless the offence was committed without the consent of the pilot-in-command.
Marginal note:Proof of offence
7.54 In a prosecution of any of the following persons for an offence under this Part, it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or prosecuted for the offence:
(a) the registered owner of an aircraft;
(b) the operator of an aircraft;
(c) the operator of an aerodrome or other aviation facility;
(d) an air traffic service provider;
(e) an organization that holds a Canadian aviation document authorizing the maintenance of an aeronautical product or the provision of a maintenance service.
Marginal note:Exceptions
7.55 Sections 7.51 to 7.54 do not apply to an offence relating to a contravention of subsection 7.3(1) or 7.41(1).
Marginal note:Due diligence defence
7.56 (1) A person is not to be found guilty of an offence under this Part if they establish that they exercised all due diligence to prevent the commission of the offence.
Marginal note:Exceptions
(2) Subsection (1) does not apply to an offence relating to a contravention of subsection 7.3(1) or 7.41(1).
Administrative Monetary Penalties
481 (1) Paragraphs 7.6(1)(a) to (b) of the Act are replaced by the following:
(a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 7.61 to 8.2, any provision of this Part or of any regulation, notice, order or security measure made under this Part, or any provision of the Secure Air Travel Act or of any regulation or direction made under that Act; and
(b) prescribe the maximum amount payable for each violation, not to exceed
(i) $150,000, in the case of an individual, and
(ii) $1,500,000, in the case of a corporation.
(2) Subsection 7.6(2) of the Act is repealed.
482 The Act is amended by adding the following after section 7.6:
Marginal note:Violation
7.61 (1) Every person who contravenes a provision designated under paragraph 7.6(1)(a) commits a violation and is liable to a penalty not exceeding the maximum amount prescribed under paragraph 7.6(1)(b).
Marginal note:Continuing violation
(2) A violation that is committed or continued on more than one flight or segment of a flight constitutes a separate violation for each flight or segment of a flight on which the violation is committed or continued.
Marginal note:Manner of proceeding
(3) If a contravention of a provision designated under paragraph 7.6(1)(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding in the other.
Marginal note:Nature of violation
(4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.
Marginal note:Due diligence defence
(5) A person is not to be found liable for a violation if they establish that they exercised all due diligence to prevent its commission.
Marginal note:Vicarious liability — owners of aircraft
(6) If a person may be proceeded against under this Part for a violation relating to an aircraft, the registered owner of the aircraft may be proceeded against for the violation — whether or not the person is identified or proceeded against for the violation — unless, at the time of the violation, the aircraft was in the possession of a person other than the owner without the owner’s consent.
Marginal note:Vicarious liability — operators of aircraft
(7) If a person may be proceeded against under this Part for a violation relating to an aircraft, the operator of the aircraft may be proceeded against for the violation — whether or not the person is identified or proceeded against for the violation — unless, at the time of the violation, the aircraft was in the possession of a person other than the operator without the operator’s consent.
Marginal note:Vicarious liability — pilots-in-command
(8) If a crew member may be proceeded against under this Part for a violation relating to an aircraft, the pilot-in-command of the aircraft may be proceeded against for the violation — whether or not the crew member is identified or proceeded against for the violation — unless the violation was committed without the consent of the pilot-in-command.
Marginal note:Proof of violation
(9) In any proceedings under this Part against any of the following persons for a violation, it is sufficient proof of the violation to establish that the act or omission that constitutes the violation was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against for the violation:
(a) the registered owner of an aircraft;
(b) the operator of an aircraft;
(c) the operator of an aerodrome or other aviation facility;
(d) an air traffic service provider;
(e) an organization that holds a Canadian aviation document authorizing the maintenance of a aeronautical product or the provision of a maintenance service.
Marginal note:Assurance of compliance — no notice served
7.62 (1) If the Minister has reasonable grounds to believe that a person who has not been served with a notice of violation under section 7.7 has committed a violation, the Minister may enter into an assurance of compliance with the person that
(a) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period and subject to the terms and conditions specified in the assurance;
(b) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister; and
(c) sets out the penalty that the person would have been liable to pay for the violation if the assurance had not been entered into.
Marginal note:Extension of period
(2) The Minister may extend the period specified under paragraph (1)(a) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control.
Marginal note:Deemed violation
(3) A person who enters into an assurance of compliance is deemed to have committed the violation in respect of which the assurance was entered into, unless they request a review under subsection (4).
Marginal note:Request for review
(4) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default has been served under subsection (6), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review of the facts of the violation and the amount of the penalty is deemed to have been requested under section 7.91.
Marginal note:Notice of compliance
(5) If the Minister is satisfied that a person has complied with an assurance of compliance, the Minister shall cause a notice to that effect to be served on the person and, on the service of the notice,
(a) no further proceedings may be taken against the person with respect to the violation in respect of which the assurance was entered into; and
(b) any security deposited under paragraph (1)(b) shall be returned to the person.
Marginal note:Notice of default
(6) If the Minister is of the opinion that a person has not complied with an assurance of compliance, the Minister shall cause a notice of default to be served on the person to the effect that
(a) the person is liable to pay, within the time and in the manner specified in the notice of default, twice the amount of the penalty set out in the assurance without taking into account the limit specified in paragraph 7.6(1)(b); or
(b) any security deposited under paragraph (1)(b) is forfeited to His Majesty in right of Canada.
Marginal note:Contents of notice
(7) The notice of default shall indicate the date, which shall be 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the address where the request may be filed and shall include the particulars concerning the procedure for requesting a review.
Marginal note:No set-off or compensation
(8) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the assurance of compliance.
Marginal note:Return of security
(9) Any security deposited under subsection (1) shall be returned to the person if
(a) a notice is served under subsection (6) and the person pays double the amount of the penalty set out in the assurance of compliance; or
(b) a member determines under section 8 or an appeal panel decides under section 8.1 that the person has complied with the assurance.
483 (1) Subsection 7.7(1) of the Act is replaced by the following:
Marginal note:Notice of violation
7.7 (1) If the Minister believes on reasonable grounds that a person has committed a violation, the Minister may issue a notice of violation in respect of the alleged contravention and shall cause it to be served on the person by personal service or by registered or certified mail sent to the person at their latest known address.
(2) The portion of subsection 7.7(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Contenu du procès-verbal
(2) Le procès-verbal est établi en la forme que le gouverneur en conseil peut fixer par règlement. Y sont notamment indiqués :
(3) Paragraph 7.7(2)(a) of the Act is replaced by the following:
(a) the violation;
(4) Paragraphs 7.7(2)(b) and (c) of the French version of the Act are replaced by the following:
b) sous réserve des règlements pris en vertu de l’alinéa 7.6(1)b), le montant qu’il détermine, conformément aux critères qu’il peut établir à cette fin, et qui doit être payé à titre de pénalité pour la contravention lorsque la personne ne désire pas comparaître devant un conseiller pour présenter ses observations sur les faits reprochés;
c) la date limite, qui suit de trente jours celle de signification ou d’expédition du procès-verbal, et le lieu du versement de la pénalité visée à l’alinéa b) ou du dépôt d’une éventuelle requête en révision.
Page Details
- Date modified: