Budget 2025 Implementation Act, No. 1 (S.C. 2026, c. 3)
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Assented to 2026-03-26
PART 5Various Measures (continued)
DIVISION 28R.S., c. A-2Aeronautics Act (continued)
Amendments to the Act (continued)
484 Section 7.8 of the French version of the Act is replaced by the following:
Marginal note:Option
7.8 Le destinataire du procès-verbal doit soit payer la pénalité, soit déposer une requête en révision des faits reprochés ou du montant de la pénalité.
485 Section 7.9 of the Act is replaced by the following:
Marginal note:Payment of specified amount precludes further proceedings
7.9 If a person who is served with or sent a notice under subsection 7.7(1) pays the amount specified in the notice in accordance with the requirements set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation.
Marginal note:Request for compliance agreement — notice served
7.901 Instead of paying the penalty set out in the notice of violation, the person served with the notice may, within the time and in the manner specified in the notice, request to enter into a compliance agreement with the Minister under section 7.902 that ensures the person’s compliance with the provision to which the violation relates.
Marginal note:Compliance agreement — notice served
7.902 (1) The Minister may, on application made under section 7.901, enter into a compliance agreement with a person who has been served with a notice of violation on any terms and conditions that are satisfactory to the Minister. The terms and conditions may
(a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and
(b) provide for the reduction, in whole or in part, of the penalty for the violation.
Marginal note:Deemed violation
(2) A person who enters into a compliance agreement with the Minister under subsection (1) is deemed to have committed the violation in respect of which the agreement was entered into.
Marginal note:Notice of compliance
(3) If the Minister is satisfied that a person has complied with a compliance agreement, the Minister shall cause a notice to that effect to be served on the person, at which time
(a) the proceedings commenced in respect of the violation are ended; and
(b) any security deposited under paragraph (1)(a) shall be returned to the person.
Marginal note:Notice of default
(4) If the Minister is of the opinion that a person has not complied with a compliance agreement, the Minister shall cause a notice of default to be served on the person to the effect that
(a) instead of being liable to pay the amount of the penalty set out in the notice of violation, the person is liable to pay, within the time and in the manner specified in the notice of violation, twice the amount of that penalty, without taking into account the limits specified in paragraph 7.6(1)(b); or
(b) any security deposited under paragraph (1)(a) is forfeited to His Majesty in right of Canada.
Marginal note:Effect of notice of default
(5) 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 compliance agreement and
(a) the person is liable to pay the amount set out in the notice of default within the time and in the manner specified in the notice of violation; or
(b) if the notice provides for the forfeiture of the security deposited under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.
Marginal note:Effect of payment
(6) If a person served with a notice of default pays the amount set out in the notice of default within the time and in the manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation.
Marginal note:Refusal to enter into compliance agreement
7.903 (1) If the Minister refuses to enter into a compliance agreement requested under section 7.901, the person who made the request may, within the time specified by the Minister and in the manner specified in the notice of violation,
(a) pay the amount of the penalty set out in the notice of violation; or
(b) file a request for a review under subsection 7.91(1).
Marginal note:Effect of payment
(2) If a person pays the amount set out in the notice of violation within the time specified by the Minister and in the manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Part shall be taken against the person in respect of that violation.
486 (1) Subsection 7.91(1) of the French version of the Act is replaced by the following:
Marginal note:Requête en révision
7.91 (1) Le destinataire du procès-verbal qui veut faire réviser la décision du ministre à l’égard des faits reprochés ou du montant de la pénalité dépose une requête auprès du Tribunal à l’adresse indiquée dans le procès-verbal, au plus tard à la date limite qui y est indiquée, ou dans le délai supérieur éventuellement accordé à sa demande par le Tribunal.
(2) Section 7.91 of the Act is amended by adding the following after subsection (1):
Marginal note:Request for review of compliance
(1.1) A person who is served with a notice of default under subsection 7.62(6) and who wishes to have the Minister’s decision made under that subsection reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal.
(3) Subsection 7.91(2) of the English version of the Act is replaced by the following:
Marginal note:Time and place for review
(2) On receipt of a request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.
(4) Subsection 7.91(4) of the Act is replaced by the following:
Marginal note:Burden of proof
(4) The burden of establishing that a person has committed a violation or has not complied with the assurance of compliance referred to in the notice of default is on the Minister.
(5) Subsection 7.91(5) of the English version of the Act is replaced by the following:
Marginal note:Person not compelled to testify
(5) A person who is alleged to have committed a violation is not required, and shall not be compelled, to give any evidence or testimony in the matter.
(6) Section 7.91 of the Act is amended by adding the following after subsection (5):
Marginal note:Certain defences not available
(6) Despite subsection 7.61(5), for the purposes of a request for review under subsection (1.1) a person does not have a defence by reason that the person exercised all due diligence to comply with the assurance of compliance.
487 Section 7.92 of the Act is replaced by the following:
Marginal note:Failure to pay
7.92 A person who fails to pay the amount of the penalty specified in a notice of violation within the specified time and who does not file a request for a review is deemed to have committed the violation alleged in the notice.
488 (1) The portion of section 8 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Determination by Tribunal member
8 At the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person alleged to have committed a violation
(2) Paragraphs 8(a) and (b) of the Act are replaced by the following:
(a) that the person has not committed a violation, in which case, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged violation;
(b) that the person has committed a violation and, subject to any regulations made under paragraph 7.6(1)(b), of the amount that must be paid to the Tribunal by or on behalf of the person and the time within which it must be paid;
(c) that the person has complied with the assurance of compliance, in which case, subject to section 8.1, no further proceedings under this Part shall be taken against the person in respect of the alleged violation; or
(d) that the person has not complied with the assurance of compliance, in which case, the member confirms the decision made by the Minister under subsection 7.62(6).
489 Subsections 8.1(3) and (4) of the Act are replaced by the following:
Marginal note:Disposition of appeal
(3) The appeal panel of the Tribunal assigned to hear an appeal may
(a) in the case of a determination made under paragraph 8(a) or (b), dismiss the appeal or allow the appeal and, subject to any regulations made under paragraph 7.6(1)(b), substitute its own decision; or
(b) in the case of a determination made under paragraph 8(c) or (d), dismiss the appeal or allow the appeal and substitute its own decision.
Marginal note:Finding of violation
(4) After making its decision, the appeal panel shall inform the person and the Minister of its decision without delay and specify the period within which any amount determined by the appeal panel to be payable to the Tribunal is to be paid.
490 The Act is amended by adding the following after section 8.1:
Marginal note:Certificate
8.11 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form prescribed by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required,
(a) to pay the amount of a penalty set out in a notice of violation, or in a notice of default served under subsection 7.62(6) or 7.902(4), or to file a request for a review under section 7.91;
(b) to pay an amount set out in a determination made under paragraph 8(b) or in a decision confirmed under paragraph 8(d) or file an appeal under section 8.1; or
(c) to pay an amount determined under subsection 8.1(4).
491 Subsection 8.2(1) of the Act is replaced by the following:
Marginal note:Registration of certificate
8.2 (1) On production in any superior court, a certificate issued under section 8.11 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by His Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.
492 The heading before section 8.4 and sections 8.4 and 8.5 of the Act are replaced by the following:
Admissibility of Evidence
493 The Act is amended by adding the following before section 8.7:
Powers to Enter, Seize and Detain
494 Paragraph 17(2)(b) of the Act is replaced by the following:
(b) has observer status or is an accredited representative or an adviser to an accredited representative, under an international agreement, convention or arrangement relating to transportation to which Canada is a party; or
Transitional Provisions
Marginal note:Aviation security regulations
495 Regulations described in paragraph 4.71(2)(k.4) of the Aeronautics Act may be made under subsection 4.71(1) of that Act in relation to a system, process, procedure, program, plan or document that a person established, developed or otherwise has in accordance with a regulation that was made under that subsection before the day on which this section comes into force.
Marginal note:Aviation safety regulations
496 Regulations described in paragraph 4.901(e) of the Aeronautics Act may be made under section 4.9 of that Act in relation to a system, process, procedure, program, plan or document that a person established, developed or otherwise has in accordance with a regulation that was made under that section before the day on which this section comes into force.
R.S., c. A-1Consequential Amendment to the Access to Information Act
497 Schedule II to the Access to Information Act is amended by replacing “subsections 4.79(1), 6.5(5), 22(2) and 24.2.(4)” opposite “Aeronautics Act” with “subsection 4.79(1), section 5.32 and subsections 6.5(5), 22(2) and 24.2(4)”.
2019, c. 29Related Amendment to the Budget Implementation Act, 2019, No. 1
498 Section 272 of the Budget Implementation Act, 2019, No. 1 is repealed.
DIVISION 291996, c. 10Canada Transportation Act
499 The Canada Transportation Act is amended by adding the following after section 49:
Interim Order
Marginal note:Interim order
49.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation described in subsection (2) or that varies or suspends any requirement or condition set out in such a regulation, if the Minister is of the opinion that it is in the public interest to do so, having regard to the purposes of the Act of Parliament under which the regulation may be made, and if the interim order
(a) gives effect to an international standard; or
(b) ensures compliance with Canada’s international obligations.
Marginal note:Regulation referred to in subsection (1)
(2) A regulation referred to in subsection (1) is a regulation that may, under a provision of an Act of Parliament for which the Minister is responsible, be made by the Governor in Council or the Minister.
Marginal note:Consultation
(3) Before making an interim order, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.
Marginal note:Period of validity
(4) An interim order takes effect on the day on which it is made or on any later day specified in it and ceases to have effect on the earliest of
(a) the day on which it is repealed,
(b) the day before the day on which a regulation that has the same effect as the interim order comes into force, and
(c) the day that is three years — or any shorter period specified in the interim order — after the day on which the interim order takes effect.
Marginal note:Administration and enforcement
(5) For the purposes of administration and enforcement, an interim order is deemed to be the regulation that may contain the provision contained in the interim order or in which the requirement or condition varied or suspended by the interim order is set out, and any provisions related to administration and enforcement that apply in respect of that regulation, including provisions related to offences and punishment, apply in respect of the interim order.
Marginal note:Administrative monetary penalty regime
(6) An interim order may designate one or more of its provisions as subject to an administrative monetary penalty regime under the Act described in subsection (2) if that Act authorizes the designation of provisions of a regulation described in that subsection as being subject to the regime.
Marginal note:Statutory Instruments Act
(7) The Statutory Instruments Act does not apply to an interim order.
Marginal note:Accessibility
(8) The Minister must ensure that an interim order is accessible to the public unless the Minister is of the opinion that it would be inappropriate due to exceptional circumstances, such as if making the interim order accessible compromises public safety.
Marginal note:Contravention of unpublished order
(9) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at that time, the person had been notified of the interim order.
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